Loading...
HomeMy WebLinkAboutExtension of Time VAR2003017 - Supporting Documents, 1_ o Tl o _' l - { 1 - -t -r ' -__' °F -Cam}-1_?W_c?• ! - lv,/iG Sc 1 T 1 l r 1 .lc 4 i-f..l' ---n -I- Ta(-1-- F1 ' N ki a -- -11= t (t tp ca.t`(p -! '-- ti vJ st;eJ,a= -f , rL i LA -' - - -' 1- '- - - -- ' Xv Amt-Jc1-,T - - Q%c _ _ - ' '/_LA T -tr FF_ -- _ _,_ v tau_ (t..t -rte ' -ti 1-I1- _,'r _i a-:- LI4(=L-t,+.f?AG -I t3E E r. l b-4-t*1C( -s ,rvi' _D p -,a -T_ aoK an 4 it t? T_ TB'_-[ pit-- ' LS E:ld'l DG!-pGhol_ _ DPD 2 i' T C` .5TF !' ti)v7=t?oi-I- T ?RJ'! dos as ® t b 1 - l o f , r fib/ 7a?-'-¢2 '• - I i 1 I SUGGESTED FINDINGS FOR APPROV - VARIANCE NO. 03-17:-5- 1 The granting of Variance No 03-17 to permit - a land cape planter width of ft along the westerly property line and a landscape planter width of along the southerly property line, in lieu of the Code- required 10 ft , will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification The proposed variance will allow for an exterior remodel of an existing service station building while providing additional perimeter landscaping along the perimeter of the subject site Similar approvals have been granted for exterior upgrades to commercial properties with non-conforming landscaping based on the location of existing improvements on the site 2 Because of special circumstances applicable to the subject property, including the location of existing improvements on the site, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification The subject property is currently developed with a service station building and gas pump islands and canopies The location of the gas pump islands does not allow for compliance with the minimum landscape planter widths along the street frontages based on their proximity to the southerly and westerly property lines 3 The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights The granting of the variance will allow the property owner the ability to make necessary exterior upgrades to the subject site in order to ensure that the property is comparable in design and function to similar properties in the general area 4 The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification The subject property is currently developed with a service station with no landscaping The granting of the variance will enhance the property aesthetically by providing new landscape planters on the subject site and exterior upgrades to the existing service station 5 The granting of the variance will not adversely affect the General Plan It is consistent with the Land Use Element designation of Commercial General on the subject property by allowing exterior upgrades to an existing commercial building, which will be compatible with similar structures in the general vicinity of the site and will enhance the aesthetics of the property with the introduction of new landscape planters SUGGESTED CONDITIONS OF APPROVAL - VARIANCE NO. 03-17: 1 The site plan, floor plans, and elevations received and dated December 17, 2003 shall be the conceptually approved layout with the following modifications a The landscape planter located along the northerly property shall be increased to five feet in width in accordance with plans dated Jan 20, 2004 as amended by staff b The landscape planter located along the southerly property shall be increased to eight feet in width in accordance with plans dated Jan 20, 2004 as amended by staff c The landscape planter located along the westerly property shall be increased to three feet in width in accordance with plans dated Jan 20, 2004 as amended by staff Item No 2 - 1/28/04 6 (03za0128) d The stucco color of the gas pump canopies and support columns shall be "Havana" or a similar color as approved by the Planning Department e The northerly-most driveway approach located along the Beach Blvd frontage shall be reduced in width to 30 feet and reconstructed in accordance with City Specifications f A minimum of one of the two driveways located nearest to the intersection of Beach Blvd and Slater Ave shall be closed in accordance with City Specifications 2 Prior to issuance of building permits, the subject property shall enter into an irrevocable reciprocal driveway and parking easement(s) with adjacent commercial properties or provide a recorded copy of an existing agreement If access is not currently possible to an adjacent property, an irrevocable offer for reciprocal driveway and parking access shall be recorded on the subject property The location and width of the accessway shall be reviewed and approved by the Planning Department and Public Works Department The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof Item No 2 - 1/28/04 7 (03za0128) 4 115 i d Ae&i 6p1 as, L s L - 1 P.6'F-- ' ' fit.S ' . v"-T s1 LJ( Pte= J7 S c ,f't?_ I ,5 -- t - eJ . 4e O 1 I 1 G&M Oil # 124 17472 Beach Blvd. Variance Findin s What exceptional circumstances apply to the subject property (including size , shape, topography , location or surroundings ) that deprive it of privileges normally enjoyed? The site is an existing facility located on Beach Blvd, which is a major arterial street The size of the lot is such, that with the existing' structures, it would be impossible to install the landscaping at the corner where the monument sign is proposed as well as the 10 ft planter required on Beach Blvd and not adversely affect the existing structures Explain why the request will not constitute a grant of special privilege. Many businesses on Beach Blvd are non-conforming with regards to the amount of landscaping required. The proposal includes installing as much landscaping as the site will allow, which is more than exists currently, and will greatly improve the overall appearance of the site Why is this request necessary for the preservation and enjoyment of one or more substantial property rights when compared with other properties in the same zoning designation? If the landscape planter were to be installed along the Beach Blvd frontage, it would require the removal of two dispensers and the cutting back of an existing canopy, which would amount to the substantial reduction of the business and thereby deprave the property owner the right of use of the property, which would be a financial burden The installation of a 200 sq ft planter at the corner where the monument sign is located would be dangerous, as it would interfere with the delivery of fuel and thereby be potentially hazardous to the general public State reasons why the granting of the request will not be materially detrimental to the public welfare. Granting a variance for landscaping will not be materially detrimental to the public welfare, as additional landscaping will be provided on the site, which will not interfere with pedestrian and vehicular traffic i • i Form No 1068-2 Commitment No NCS-211889-SAl ALTA aiain language Commitment Page Number 1 First American Title Insurance Company National Commercial Services 5 First American Way Santa Ana, CA 92707 January 18, 2006 Michael Gray G & M Oi; Company Inc. 16868 A St } Huntington Beach, CA 92647-4831 Phone (714)375-4700x323 i Customer Reference: #124-17472 Beach Blvd. 1 Title Officer Ruben Mares Phone (714)250-8360 Fax No : (714)242-9561 E-Mail: rumares@firstam.com Borrower Property 17472 Beach Boulevard, Huntington Beach, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Tide Insurance Company maintain the fundamental principle: Customer First! BrstAmencan Title Insurance Company OIL ?,2c707 00 174-79 --p j I Form No 1068-2 Commisrnent No NCS-211889-SA1 ALTA Plain Language Commitment Page Number 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy ' The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy Schedule A 3 1.Commitment Date 4 2 Policies to be Issued, Amounts and Proposed Insured 4 3 Interest in the Land and Owner 4 4.Description of the Land 4 Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. First American Title Insurance Company Form No 1068-2 Commitment No NCS-211889-SA1 ALTA Plain Language Commitment Page Number 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A The Requirements in Schedule B-1 The Exceptions in Schedule B-2. The Conditions This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. irstAmencan 7111e Insurance Company Form No 1068-2 Commitment No NCS-211889-SA1 ALTA Plain Language Commitment Page Number 4 SCHEDULE A 1. Commitment Date : December 23, 2005 at 7:30 A.M. 2 Policy or Policies to be issued. (A) ALTA Loan Policy Extended Loan 1992 Proposed Insured- Amount $TBD TBD 3 (A) The estate or interest in the land described in this Commitment is: Fee Simple as to Parcel 1, an easement as to Parcel 2. (B) Title to said estate or interest at the date hereof is vested in: G&M Oil Co, LLC, a Califorriia limited liability company 4 The land referred to in this Commitment is situated in the City of Huntington Beach, County of Orange , State of California, and is described as follows: FrrstAmeircan Title Insurance Company Form No 1068-2 Commttrnent No, NCS-211889-SA1 ALTA Plain Language Commitment Page Number 5 PARCEL I THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON BEACH, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION, THENCE SOUTH 89 31'25" EAST 180.37 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, THENCE NORTH 0 16' 40" EAST 40.00 FEET PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 016' 40" EAST 120 00 FEET; THENCE NORTH 44 3742- WEST 28.33 FEET TO THE NORTH LINE OF THE SOUTHERLY 180 00 FEET OF SAID NORTHWEST QUARTER; THENCE NORTH 89 31' 25" WEST 103.26 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF BEACH BOULEVARD; THENCE SOUTH 03 16' 15" WEST 120 16 FEET ALONG SAID EAST LINE; THENCE SOUTH 42 07' 38" EAST 27.59 FEET; THENCE SOUTH 89 31'25 n EAST 110 58 FEET PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER TO THE TRUE POINT OF BEGINNING. PARCEL 2. AN EASEMENT FOR INGRESS AND EGRESS AND THE ERECTION OF ONE AREA FLOODLIGHT AND STANDARD OVER THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 25, THENCE SOUTH 89 31'2T' EAST 180.37 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 0 16' 40 " EAST 40 00 FEET PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 16' 40" EAST 50.00 FEET; THENCE SOUTH 89 51' 25" EAST 20.00 FEET; THENCE SOUTH 0 16' 40" WEST 47.00 FEET; THENCE SOUTH 89 31'25 - EAST 3 FEET; THENCE SOUTH 00 16' 40" WEST 3.00 FEET, THENCE NORTH 89 31'25" WEST 23 00 FEET TO THE TRUE POINT OF BEGINNING. APN 167-312-05 /7tstAmerican Tine Insurance Company • Form No 1068-2 Commitment No NCS-211889-SAI ALTA Plain Language Commitment Page Number 6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: 1 Pay the agreed amounts for the interest in the land and/or the mortgage to be insured 2 Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Releases(s) or Reconveyance(s) of Item(s): 11 6 You must give us the following information- A. Any off record leases, surveys, etc. B Statement(s) of Identity, all parties. 7 Should any of the following entities be involved in this transaction, the Company will require: A. WITH RESPECT TO A CORPORATION: 1 A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. B WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Other requirements which the Company may impose following Its review of the material required herein and other Information which the Company may require. frrstAmencan Title Insurance Company Form No 1068-2 Commitment No NCS-211889-SA1 ALTA Plain Language Commitment Page Number 7 C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP' 1 That a certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) be recorded in the public records; 2 A full copy of the partnership agreement and any amendment; 3 Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4 Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. D WITH RESPECT TO A GENERAL PARTNERSHIP- 1. That a certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), be recorded in the public records; 2 A full copy of the partnership agreement and any amendments; 3 Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. E WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2 If it is a California limited liability company, that a certfied copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded In the public records; 3_ If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) be recorded in the public records; 4 With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company property operates through officers appointed or elected pursuant to the term s of a written operating agreement , such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer, (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5 Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. F. WITH RESPECT TO A TRUST- I A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G WITH RESPECT TO INDIVIDUALS: I A statement of information. FirstAmeritan Title Insurance Company Form No 1068-2 Commitment No NCS-211889-SA1 ALTA Alan Language Commitment Page Number 8 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction The printed exceptions and exclusions from the coverage of the 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 Commitment 1 General and speaal taxes and assessments for the fiscal year 2006-2007, a lien not yet due or payable. 2 General and special taxes and assessments for the fiscal year 2005-2006. First Installment: $4,809.41, PAID Penalty. $0.00 Second Installment. $4,809.41, PAYABLE Penalty- $490.94 (after April 10, 2006) Tax Rate Area: 04-010 A P. No.: 167-312-05 3 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code 4 Abutters rights of ingress and egress to or from Stater Avenue have been relinquished in the document recorded January 22, 1919 in Book 329, Page 255 of Deeds. 5 A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded January 22, 1919 in Book 329, Page 255 of Deeds. 6. Abutter 's rights of ingress and egress to or from Beach Boulevard have been relinquished in the document recorded November 5, 1953 in Book 2607, Page 308 of Official Records. 7 A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded November 5, 1953 In Book 2607, Page 308 of Official Records. FirstAmerican Title Insurance Company Form No =068-2 Commitrnent No. NCS-211889-SA1 ALTA Plain Language Commitment Page Number 9 8 Covenants, conditions, restrictions and easements in the document recorded February 4, 2003 as Instrument No. 03-134070 of Official Records, which provide that a violation thereof shall not defeat or render invalid the hen 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, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Tide 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 9. Covenants, conditions, restrictions and easements in the document recorded February 4, 2003 as Instrument No 03-134071 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, handicap, familial status, national origin, sexual orientation, mantal status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Tide 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code . Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 10 The terms and provisions contained in the document entitled 'urchase Option and Right of First Refusal" recorded October 7, 2003 as Instrument No. 2003001230304 of Official Records. 11 A Deed of Trust to secure an original indebtedness of $4,425,000.00 recorded December 30, 2004 as Instrument No. 2004001154679 of Official Records. Dated: November 17, 2004 Trustor: G & M Oil Co., LLC, a California limited liability company Trustee: First American Title Insurance Company Beneficiary: CiitCorp Leasing, Inc., a Delaware corporation FirstAmeritan Title I surance Company Form No 1068-2 Commi nest No.• NCS-211889-SA1 ALTA Plain Language Commitment Page Number. 10 INFORMATIONAL NOTES 1 According to the latest available equalized assessment roll in the office of the county tax assessor , there is located on the land a(n) Commeraal Structure known as 17472 Beach Boulevard, Huntington Beach, California. 2 According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3 This preliminary report/commitment was prepared based upon an application for a policy of tide insurance that identified land by street address or assessor 's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the tarrns and provisions of the title insurance policy, if any, to which this map is attached. FrrstAmencan Title Insurance Company Form No 1068-2 Commitment No - NCS-211889-SAI ALTA Plain Language Commitment Page Number 11 Title Wire Transfer Instructions Date: 01/18/2006 Wire to:Wells Fargo Bank 550 California Street San Francisco, CA 94163 ABA Number : 121000248 For Credit To: First American Title Insurance Company Account Number : 4121109052 Reference : File No.: NCS-211889-SA1 Attn: Ruben Mares Phone: (714)250-8360 Customer Name: FUNDS FOR OTHER LOANS BEING INSURED BY FIRST AMERICAN TITLE MUST NOT BE COMBINED INTO ONE WIRE - OR FUNDS MAY BE RETURNED. NOTE: ALL WIRES MUST REFERENCE (1) FIRST AMERICAN TITLE COMPANY AND (2) OUR ACCOUNT NUMBER - OR FUNDS MAY BE RETURNED TO ENSURE RECORDING, THE TITLE OFFICER MUST BE ADVISED BEFORE THE WIRE IS SENT. DISREGAR IF FIRST M W E - - CONTACT ESCROW OFFICER 0 WIRE IN UCTIONS. RistAmencan Title Insurance Company Form No 1068-2 Commitment No. NCS-211889-SA1 ALTA Piatn Language Comm'tment Page Number. 12 RlstAmerican Tib'e Insurance Company Form No 1068-2 Commitment No.. NCS-211889-SA1 A! TA Plain Language Commitment Page Number 13 CONDITIONS 1 DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)°Pubhc Records" means title records that give constructive notice of matters affecting the tide according to the state law where the land is located. 2 LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3 EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4 LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. FirstAmen'can Tide Insurance Company Form No 1068-2 Commitment No NCS-211889-SA1 ALTA Plain Language Commfirrhent Page Number 14 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) L CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This poi=cy does not Insure against loss or damage (and the Company will not pay costs, attameys' fees or expenses) which apse by reason of I Taxes or assessments which are not shown as existing Hens 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, Tiers or encumbrances, or claims thereof, which are not shown by the public records. 4 Discrepanoes, 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) Unpateited 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 hollowing mattes are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arse by reason of I (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 eri joyment of the land; (H) the character, dimensions or location of any improvement now or hereafter erected on the land; (flu) a separation In ownership or a change In the dimensions or area of rise land or any parcel of which the land is or was a part; or (w) 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 hen 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 eerdse thereof or a notice of a defect, hen 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 room 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 Polity which would be binding on the rights of a purchaser for value without knowledge 3 Defects, Hens, 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 Data 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 seated 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 U nenforoeabi ty of the lien of the insured mortgage because of the inability or failure of the irea ed at Data of Polley, 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 unenforeeablity of the hen of the insured mortgage, or claim thereof, whldh 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 darn, which apses out of the transaction vesting m 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 crediten5' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I Any law, ordinance or governmental regulation (Inducing but not limited to budding and zoning ordinances) resbidfng 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 daims, 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 pubic records but known to the Insured claimant elt er at Datie of Policy or at the date such claimant acquired an estate or Interest insured by this policy and not dLsciesed 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 carman!; (d) attaching or First American Title Insuiw c-- Company Form No 1068-2 Commttrnerht No NCS-211889-SAI ALTA Plain Language Commitment Page Number 15 created subsequent m 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 OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Lard Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Poky 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 Ore 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 dscose, 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, dams or title to water 6 Any lien, or right to a lien, for services, labor or material heretofore or hereafter famished, unposed by law and not shown by the public records 4 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I Any law, ordinance or governmental regulation (including but nor limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dlmeneo ns or location of any improvement now or hereafter erec ted 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 darns, 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 tnsuaance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy) 4 Unenforceablitty of the lien of the insured mortgage because of failure of the Insured at Date of Poky 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 exdtb9ons set forth in paragraph 4 above are used and the following a cepbons 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 dams 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, maims or trite to water. 6 Any lien, or right to a Gen, for services, labor or material theretofore or hereafter fumisihed, imposed by law and not shown by the public records. lrstA mencan Tide Insurance Company Form No 1068-2 Commitment No.. NCS-211889-SA1 ALTA Plain Language Commitment Page Number 16 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 I (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; (H) the character, dimensions or location of any improvement now or hereafter erected on the land, (W) 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 (m) envlmnmental 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 Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, Hens, encumbrances, adverse claims, or other matters. (a) whether or not recorded In the public records at Data of Policy, but seated , suffered, assumed or agreed to by the insured clamant, (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) attachingor 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 Hen 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 unenforceabdity of the Hen 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 tonsuuna' credit protection or truth in lending law 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory Hen 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 seared 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 aeating the irht 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 trarts'er, or (H} the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination, or (III) the transaction creating the interest of the Insured mortgagee being deemed a preferenti al transfer except where the prefer tal 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 Hen 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 Hens 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 Discrepanoes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cosec 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 Nuance thereof; water rights, claims or We 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 cite public records 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 FfrstAmerlcan Title Insurance Company Forma No 1068-2 Commitment No NCS-211889-SA1 ALTA Plain Language Commitment Page Number 17 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 aw , ordinance or governmental regulation (uiduduig but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to () the occupancy, use, or enjoyment of the land; Co) the character, dimensions or location of any improvement now or hereafter erected on the land; (b't) 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 (N) environmental protection , or the effect of any vtolatlon of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, pen 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 Polcy 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 Pofcy; 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 (if) 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 credtbor 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 wiff not pay costs, attorneys' fees or expenses) which arise by reason of Part One 1 Taxes or assessments which are not shown as a tsting liens by the records of any taxing authority that levies taxes or assessments on rear 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 posses sion 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, enaoachments , 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 hen, 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 additon to the Exceptions in Schedule B, you are not insured against loss, costs, attomes' fees and expenses resulting from 1. Governmental police power, and the exisiience or violation of any law or government regulation. This includes budding 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 The Risks. lrstAmerican Tide Insurance Company .'t • Form No 1068-2 Commitment No NCS-211889-SA1 ALTA Plain Language Commitment Page Number. 18 2 The right to take the land by condemning It, unless * a notice of exercising the nght 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 tint the labor and material hen 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 In 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exdusicn does not limit the access coverage in Item S of Covered Title Risks 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1958 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 I Covered Ride; 14 (Sub(ivision Law Violation) 15 (Budding Permit). 16 (Zoning) and 18 (Encroacbmant of bonadary walls or fences) an subject to Deductible Amounts and Maximum Dollar Idmits of !.lability EXCLUSIONS In addition to the Exceptions In Scnedule 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 ordinances, laws and regulations concerning a building b zoning c. land use d Improvements on the land e land division f. en*onmental protection This exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforce 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 acoordanoe with applicable building codes. This Exclusion does not apply to violations of building codes Y 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 9 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, 84 , 22, 23, 24 or 25. S Failure to pay value for Your Title 6 Lack of a right. a to any land outside the area spec! tally 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. FirstAmerican Title Insurance Company 0 Form No 1068-2 Commitment No - NCS-211889-SA1 ALTA Plain Language Commitment Page Number 19 I I (a) Any law, ordinance o, governmental regulation (Including but not limited to building and zoning laws, ordinances, or negulatons) restricting, regulating, p-ohrbRing or relating to (i) the occupancy, use, or enjoyment of the Land; (i) 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 (lv) 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, Yen 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 (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, Yen 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, I5, 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 talong which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge 3 Defects, hens, 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 m 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 data 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 irsultig 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 Unenfcrceabtuty 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 Invaidhy or unenforceabltlty of the lien of the Insured Mortgage, or claim tfiered , 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 or lending law. 6 Taxes or assessments of any taxing or assess cant authority which become a lien on the Land subsequent to Date of Policy 7 Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason 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: (r) to timely record the Instrument of transfer; or (II) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 8 Any claim of invalidity, unenforceabuilty or lads 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 owne r 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 Yen of the Insured Mortgage as to each and every advance made after Date of PoYCy, and an interest charged thereon, over Dens, encumbrances and other matters affecting tlie, 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 lass 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 wig 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 Tide Association loan policy with EAGLE Protection Added Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusion set forth In paragraph 12 above are used and the following exertions to coverage appear in the policy. SCHEDULE B ThIs policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expensw ) which arise by reason of Part One I Taxes or assessments which are not shown as existing Dens by the records of any taxing authority that levies taoms orassessments 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. FirstAmencan Tide Insurance Company 0,• Form No 1068-2 Gommltment No. NCS-211889-SA1 ALTA Plain Language Commtront Page Number 20 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 dam, reservations or exceptions in patents or in as authonz!ng the issuance thereof, water rights, daims 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 protei on Uens pr"ded for by the following existing statutes, which (lens will have priority over the lien of the Insured Mortgage when they arise NONE FiistAmerican Tide Insurance Company Feb 11 04 08:10a Andrea Fiscus %2,10;'lud1 20.131 71184* 714 596-2634 CHHEt'RON H13 4T BEACH I* CPr.>SA13srket,ng Isaac Villarreal Huntington Beach Terminal Terminal Manager t78R1 Gothard Street Huntington Beach, CA 92647 Tel (714) 596-1592 Fax (f+66) 667-7846 EsaacV(a7ChevmnTexaco corn Huntington Beach, CA, Fcbniary 10, 2004 Paul DaVeiga Plnnnmg Department City of Huntington Bcach 200 Main Street Huntington Beach, CA 92648 Dear Sir, amen Chevron PAGE Al It is our understandine that there are plans to eliminate one of two driveways on Beach Blvd, at the Chevron Station located 17472 Beach Blvd, corner of Beach and Slater We arc concerned about the safety issues this would cause to our drivers and to the public if this should occur A concerted effort is made to design stations so that truck deliveries can be made safely without having to back up The location of the first driveways from the corner of Beach and Slater allow easy access and egress w ithout backing up Removing the Beach Blvd driveway may force the driver to back up and exit another driveway. Because vis.bility is restricted, backing becomes a high-risk maneuver Chevron uses the Smith System Defensive Driving and drivers are required to adhere to certain procedures for backing up, one of which is to use a minimum of 3 cones to barricade the area behind you and use a flagman whenever possible. This may not be possible given the positioning of the truck with relation to Slater Because of the safety issues that may arise from removir g the first driveway on Beach Blvd, we .could like you to reconsider this action. We hope that you agree with our concerns and look forward to the outcome of this decision cc• Dave 'v andcrvccn - ChevronTexaco Area Manager Kevin Maloney - Chevron Texaco Retail Sales Manager Michael Gray- G&M Ore p.2 A ChauranTtixaco Company 6 0 City of Huntington Beach F4 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING September 15, 2008 Dan De Jesus 1225 Medford Road Pasadena, CA 91107 Subject: Extension of Time No. 08-011 (Variance No. 03-17/Design Review No. 03- 10/Planned Sign Program No. 03-01 - 17472 Beach Boulevard) Dear Mr De Jesus The City of Huntington Beach Planning Department has reviewed and approved the extension of time request dated September 5, 2008 for Variance No 03-17 approved by the Zoning Administrator on January 28, 2004 and Design Review No 03-10/Planned Sign Program No 03-01 approved by the Design Review Board on December 11, 2003 Pursuant to the City's Zoning and Subdivision Ordinance, Section 241 16, the extension is granted for a one year period from the effective date of approval of the entitlement Thus, Variance No 03-17 is valid through January 28, 2009, and Design Review No 03-10/Planned Sign Program No 03-01 valid through December 11, 2008, with all previous conditions of approval for each entitlement to remain in effect Should another extension of time be necessary, a written request shall be submitted to the Planning Department with all applicable fees a minimum 30 days prior to the expiration date If you have any questions about the status of this entitlement, please call the Planning Department at (714) 536-5271 Sincerely, Scott Hess, AICP Director of Planning by Hayden Beckman Planning Aide xc G&M Oil Co, Inc, 16868 A St, Huntington Beach, CA 92647 Herb Fauland, Principal Planner G \PLANMNG\Extension of Time\17472 Beach 09-15-08 DOC Phone 714-536-5271 Fax 714-374-1540 www surfcity-hb org CD 30NVBO ,10 .11N10:1 IC 7`JYd L91)1009 Jvw S 8OSS3SSV + e{{ f33WS /iY1V7NY7 Z JO 1 3F)vd 2-L91 H 1 H rr $31781) Nl NMONS S7F38'Nf N 73JNYd ? 7)078 S 8OSS3SSY 31ON _ 01lbA37noo 4 ui y Q KGs ad• OS61 ON d 3DYd 338 i +e /w79 is vJ9 ra/anunaY/l $ i }At 7Y S.!/ / J J O / O ' O O 8 >' QIAV 9S /ru/ trrd s Nro or O1-9P * I Ol-A /ld D Y1i I U1 W ni -4 7Y Q99 i r o1 9Yd of 9S A If THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN PARCELS MAY NOT COMPLY WITNitetydCAf b1411ViS1®P105#Y8Y711r1NIdSC11#INYAN6B 02-9b Rd d 'N 739Xb'dAlf-9f Nd dp'P 7-3WW d/'Il -9ff ' N'N OS6d 04? ioviu £161 N76/7#Y Ob i'f Vi-/9l N W (97A L73YIS/6006 ON . 3YW 11.9 0.77f'NI wv 'r I xs WO. Nn 66Y AJJIt'ICNYMO S