HomeMy WebLinkAboutLot Line Adjustment LLA2006005 - Supporting DocumentsPage 1 of 2
Kelley, Jason
From: Emery, Paul
Sent : Wednesday, May 31, 2006 7:56 AM
To: Fauland, Herb
Cc: Zelefsky, Howard; Hess, Scott; Kelley, Jason; Culbreth-Graft, Penelope
Subject: RE: FW: Director Approval; Lot Line Adjustment 06-04
Please proceed, sorry I missed this one.
-----Original Message-----
From: Fauland, Herb
Sent: Wednesday, May 31, 2006 7:53 AM
To: Culbreth-Graft, Penelope; Emery, Paul
Cc: Zelefsky, Howard; Hess, Scott; Kelley, Jason
Subject : RE: FW: Director Approval; Lot Line Adjustment 06-04
I forwarded this to Administration last week and didn't get a reply. Can we proceed? Please let me know.
Thanks!
-----Original Message-----
From: Fauland, Herb
Sent: Tuesday, May 23, 2006 3:29 PM
To: Culbreth-Graft, Penelope; Emery, Paul
Cc: Zelefsky, Howard; Hess, Scott; Kelley, Jason
Subject : FW: FW: Director Approval; Lot Line Adjustment 06-04
-----Original Message-----
From: Kelley, Jason
Sent: Tuesday, May 23, 2006 2:15 PM
To: Fauland, Herb
Subject : FW: Director Approval; Lot Line Adjustment 06-04
In compliance with your request, the Planning Department is notifying you that the following
application is ready for action by the Planning Department/Planning Director pursuant to Section
250.12 F of the HBZSO. Please let me know when the Planning Department can take action on the
application.
SUBJECT
ENTITLEMENT: LOT LINE ADJUSTMENT NO. 2006-005 (Dennis Property)
APPLICANT/
PROPERTY OWNER: Louis Dennis
1009 13th Street
Huntington Beach, CA 92648
REQUEST: To allow the consolidation of two 25-foot wide lots into one 50-foot wide lot
LOCATION: 1112 Park Street (East side of Park Street between 13th Street and Loma
Avenue)
PROJECT PLANNER: Jason Kelley - Associate Planner
RECOMMENDATION: Approval
5/31/2006
• Page lof I
Kelley, Jason
From: Fauland, Herb
Sent: Wednesday, May 31, 2006 7:53 AM
To: Culbreth-Graft, Penelope; Emery, Paul
Cc: Zelefsky, Howard; Hess, Scott; Kelley, Jason
Subject: RE: FW: Director Approval; Lot Line Adjustment 06-04
I forwarded this to Administration last week and didn't get a reply. Can we proceed? Please let me know.
Thanks!
-----Original Message-----
From: Fauland, Herb
Sent: Tuesday, May 23, 2006 3:29 PM
To: Culbreth-Graft, Penelope; Emery, Paul
Cc: Zelefsky, Howard; Hess, Scott; Kelley, Jason
Subject : FW: FW: Director Approval; Lot Line Adjustment 06-04
-----Original Message-----
From: Kelley, Jason
Sent: Tuesday, May 23, 2006 2:15 PM
To: Fauland, Herb
Subject : FW: Director Approval; Lot Line Adjustment 06-04
In compliance with your request, the Planning Department is notifying you that the following application is
ready for action by the Planning Department/Planning Director pursuant to Section 250.12 F of the
HBZSO. Please let me know when the Planning Department can take action on the application.
SUBJECT
ENTITLEMENT: LOT LINE ADJUSTMENT NO. 2006-005 (Dennis Property)
APPLICANT/
PROPERTY OWNER: Louis Dennis
1009 13th Street
Huntington Beach, CA 92648
REQUEST: To allow the consolidation of two 25-foot wide lots into one 50-foot wide lot
LOCATION: 1112 Park Street (East side of Park Street between 13th Street and Loma
Avenue)
PROJECT PLANNER: Jason Kelley - Associate Planner
RECOMMENDATION: Approval
Jason Kelley
Planning Department
City of Huntington Beach
(714) 374-1553
(714) 374-1540 fax
5/31/2006
•
Kelley, Jason
From: Fauland, Herb
Sent: Tuesday, May 23, 2006 3:29 PM
To: Culbreth-Graft, Penelope; Emery, Paul
Cc: Zelefsky, Howard; Hess, Scott; Kelley, Jason
Subject: FW: FW: Director Approval; Lot Line Adjustment 06-04
-----Original Message-----
From: Kelley, Jason
Sent: Tuesday, May 23, 2006 2:15 PM
To: Fauland, Herb
Subject: FW: Director Approval; Lot Line Adjustment 06-04
0
Page l of l
In compliance with your request, the Planning Department is notifying you that the following application is ready
for action by the Planning Department/Planning Director pursuant to Section 250.12 F of the HBZSO. Please let
me know when the Planning Department can take action on the application.
SUBJECT
ENTITLEMENT: LOT LINE ADJUSTMENT NO. 2006-005 (Dennis Property)
APPLICANT/
PROPERTY OWNER: Louis Dennis
1009 13th Street
Huntington Beach, CA 92648
REQUEST: To allow the consolidation of two 25-foot wide lots into one 50-foot wide lot
LOCATION: 1112 Park Street (East side of Park Street between 13th Street and Loma Avenue)
PROJECT PLANNER: Jason Kelley - Associate Planner
RECOMMENDATION: Approval
Jason Kelley
Planning Department
City of Huntington Beach
(714) 374-1553
(714) 374-1540 fax
5/30/2006
. Jj
First American Title Company
2 First American Way
Santa Ana, CA 92707
March 14, 2006
Liz Corbett
First American The Company
2 First America Way
Santa Ana, CA 92707-5913
Phone: (714)800-4757
Fax: (714)800-4976
Customer Reference:Dennis
Order Number. O-SA-2308197 (01)
Title Officer: Steven Nagamatsu
Phone: (714)800-4862
Fax No.: (714)800-4956
E-Mail: sknagamatsu@firstam.com
Borrower: Dennis
Owner: Dennis
Property: 1112 Park Street
Huntington Beach, CA
*-11'Yof HuntingtonBeach
MAY112006
We enclose the following:
Commitment For Title Insurance
Thank you for your confidence and support We at First American Title Company maintain the
fundamental principle:
Customer First!
FirstAmerican Tide
Form No. 1068-2 Commtment NO.: O-SA-2308197
ALTA Commitment Page Umber: 1
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.Polices 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
Ave i,.. 1`41 4.. In nn n7 IDIAI
Form No. i068 -2 Commitment No.: O-SM230B197
ALTA Commitment Page Number: 2
COMMITMENT FOR TITLE INSURANCE
Issued by
First American Title 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.
FlrstAmerican Title
Form No. 1068-2 Commdment No : O-SA-2308197
ALTA Commihnent Page Number: 3
SCHEDULE A
1. Commitment Date: March 03, 2006 at 7:30 A.M.
2. Policy or Policies to be issued:
(A) ALTA Loan Policy
Proposed Insured:
TO BE DETERMINED
Amount
$TO BE DETERMINED
3. (A) The estate or Interest In the land described in this Commitment Is:
A fee.
(B) Title to said estate or Interest at the date hereof is vested in:
LOUIS DENNIS AND LAVON DENNIS, HUSBAND AND WIFE AS ]OINI'TENANTS
4. The land referred to In this Commitment is described as follows:
FirstAmerican Title
Form No. 1D68-2 Commitment No. O-SA-2308197
ALTA Commitment Page Number 4
Real property in the City of Huntington Beach, County of Orange, State of California, described as
follows:
LOTS 5 AND 6 IN BLOCK 1013 OF "WESLEY PARK SECTION, HUNTINGTON BEACH-, AS SHOWN
ON A MAP RECORDED IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS RECORDS OF ORANGE
COUNTY, CALIFORNIA.
APN: 023-085-03
Form No 1068-2 Canrntment No.: O-SA-2308197
ALTA Convnitment Page Number: 5
SCHEDULE B
SECTION ONE
REQUIREMENTS
The following requirements must be met:
(A) Pay the agreed amounts for the Interest in the land and/or the mortgage to be Insured.
(B) Pay us the premiums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(D) 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.
(E) Releases(s) or Reconveyance(s) of Item(s): Nos. 5 and 6
(F) Other: NONE
(G) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of Identity, all parties.
3. Other: NONE
FiistAmencan Title
A"11A. rl7a. in nn nv loin
Form No 1069-2 Commarnent No : O-SA-2306197
ALTA Commitment Page Number. 6
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 special taxes and assessments for the fiscal year 2006-2007, a lien not yet due or
payable. -
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. Covenants, conditions, restrictions and easements In the document recorded October 6. 1913 in
Book 152 of Deeds, Page 205, 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, sexual orientation, marital status, ancestry, disability,
handicap, familial status, national origin, source of income (as defined in California Government
Code 12955(p)), to the extent such covenants, conditions or restrictions violate Title 42, Section
3604(c), of the United States Codes. 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.
4. Covenants, conditions, restrictions and easements in the document recorded July 29,
1991 as Instrument No. 91-397999 of Official Records, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national
origin, source of Income (as defined in California Government Code 12955(p)), to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States
Codes. 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.
5. A deed of trust to secure an original indebtedness of $1,020,000.00 recorded January 24,
2006 as Instrument No. 06-53745 of Official Records.
Dated: January 18, 2006
Trustor. Louis Dennis and Lavon Dennis, husband and wife as joint
tenants
Trustee: California Reconveyance Company
Beneficiary: Washington Mutual Bank, FA, a Federal Association, a Bank
Form No. 1068-2 commitment No.: O-SA-2308197
ALTA Commdment Page Number: 7
6. A deed of trust to secure an original indebtedness of $127,500.00 recorded January 24,
2006 as Instrument No. 06-53746 of Official Records.
Dated: January 23, 2006
Trustor: Louis Dennis and Lavon Dennis, husband and wife as point
tenants
Trustee: First American Title Company, a California Corporation, and its
successors in Trust and assigns
Beneficiary: Washington Mutual Bank, FA, a Federal Association, and its
successors or assigns
The above deed of trust states that it secures a line of credit Before the dose of escrow, we
require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing
upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon
the line of credit since the last transaction reflected in the lender's payoff demand, and (c) the
borrower has in writing instructed the beneficiary to terminate the line of credit using such forms
and following such procedures as may be required by the beneficiary.
Form No. 1068-2 Commihnt No.: Q-sA-2308197
ALTA Canmitment Page Number S
INFORMATIONAL NOTES
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 terms and provisions of the title
insurance policy, if any, to which this map is attached.
1.General and special taxes and assessments for the fiscal year 2005-2006.
First Installment:51,539.00, PAID
Penalty:$153.90
Second Installment:$1,539.00, PAID
Penalty:$163.90
Tax Rate Area:04001
A. P. No.:023-085-03
2.This reportis preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any
fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116
and if applicable, 115 and 116.2 attached.
When Issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single
Family Residence known as 1112 Park Street, Huntington Beach, California.
3. 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:
A document recorded January 24, 2006 as Instrument No. 06-53744 of Official Records.
From: Howard S. Dennis and Cherylanne Dennis, Trustees of the Dennis Family
Trust, U.D T. dated August 28, 2002
To: Louis Dennis and Lavon Dennis, husband and wife as point tenants
First American Title
.+....... .+... . w w.. a., ,n,.,
City of Huntington
Beach
MAY112006
GUARANTEE
S
AMERc
First American
Title Insurance Company
H 930521 110-1282 (Rev. 3/31/04)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the
public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description
(set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to main-
tain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and
specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed
to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-
judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
1. Definition of Terms.
The following terms when used in the Guarantee
mean:
GUARANTEE CONDITIONS AND STIPULATIONS
(a) the "Assured": the party or parties named as
the Assured in this Guarantee, or on a supplemental
writing executed by the Company.
(b) "land": the land described or referred to in
Schedule (A)(C) or in Part 2, and improvements affixed
thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of
the area described or referred to in Schedule (A) (C) or
in Part 2, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways
or waterways.
(c) "mortgage": mortgage, deed of trust, trust
deed, or other security instrument.
(d) "public records": records established under
state statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured
Claimant.
An Assured shall notify the Company promptly in
writing in case knowledge shall come to an Assured
hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated
herein, and which might cause loss or damage for
which the Company may be liable by virtue of this
Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall termi-
nate with regard to the matter or matters for which
prompt notice is required; provided, however, that failure
to notify the Company shall in no case prejudice the
rights of any Assured under this Guarantee unless the
Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute
any action or proceeding to which the Assured is a
party, notwithstanding the nature of any allegation i
such action or proceeding.
4. Company's Option to Defend or Prosecute
Actions; Duty of Assured Claimant to
Cooperate.
Even though the Company has no duty to defend
or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole
option and cost, to institute and prosecute any action or
proceeding, interpose a defense, as limited in (b), or to
do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest
as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede lia-
bility or waive any provision of this Guarantee. If the
Company shall exercise its rights under this paragraph,
it shall do so diligently.
(b) If the Company elects to exercise its options as
stated in Paragraph 4(a) the Company shall have the
right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to rep-
resent the Assured and shall not be liable for and will not
pay the fees of any other counsel, nor will the Company
pay any fees, costs or expenses incurred by an Assured
in the defense of those causes of action which allege
matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an
action or interposed a defense as permitted by the pro-
visions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the
Company to prosecute or provide for the defense of any
action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the
defense of any action or proceeding, and all appeals
therein, and permit the Company to use, at its option,
the name of such Assured for this purpose. Whenever
requested by the Company, an Assured, at the
Company's expense, shall give the Company all reason-
able aid in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending t
action or lawful act which in the opinion of the Compan
may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the
lien rights of the Assured. If the Company is prejudiced
by the failure of the Assured to furnish the required
cooperation, the Company's obligations to the Assured
under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under
Section 2 of these Conditions and Stipulations have
been provided to the Company, a proof of loss or dam-
age signed and sworn to by the Assured shall be fur-
nished to the Company within ninety (90) days after the
Assured shall ascertain the facts giving rise to the loss
or damage. The proof of loss or damage shall describe
the matters covered by this Guarantee which constitute
the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure
of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured
under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to exam-
ination under oath by any authorized representative of
the Company and shall produce for examination,
inspection and copying, at such reasonable times and
places as may be designated by any authorized repre-
sentative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the
Company, the Assured shall grant its permission, in
writing, for any authorized representative of the Com-
pany to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in
the custody or control of a third party, which reasonably
pertain to the loss or damage. All information desig-
nated as confidential by the Assured provided to the
Company pursuant to this Section shall not be disclosed
to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the
claim. Failure of the Assured to submit for examination
under oath, produce other reasonably requested
information or grant permission to secure reasonably
necessary information from third parties as required
(5 continued)
in the above paragraph, unless prohibited by law 110,
governmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for
that claim.
6. Options to Payor Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the
Company shall have the following additional options:
(a) To Payor Tender Payment of the Amount of
Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle
or compromise for or in the name of the Assured any
claim which could result in loss to the Assured within
the coverage of this Guarantee, or to pay the full amount
of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the indebt-
edness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reason-
able attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the
Company up to the time of purchase.
Such purchase, payment or tender of payment of
the full amount of the Guarantee shall terminate all lia-
bility of the Company hereunder. In the event after
notice of claim has been given to the Company by the
Assured the Company offers to purchase said indebted-
ness, the owner of such indebtedness shall transfer and
assign said indebtedness, together with any collateral
security, to the Company upon payment of the purchase
price.
Upon the exercise by the Company of the option
provided for in Paragraph (a) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other
Than the Assured or With the Assured Claimant.
To payor otherwise settle with other parties for or
in the name of an Assured claimant any claim assured
against under this Guarantee, together with any costs,
attorneys' fees and expenses incurred by the Assured
claimant which were authorized by the Company up to
the time of payment and which the Company is obligat-
ed to pay.
Upon the exercise by the Company of the option
provided for in Paragraph (b) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against
actual monetary loss or damage sustained or incurred
by the Assured claimant who has suffered loss or dam-
age by reason of reliance upon the assurances set forth
in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage
of This Guarantee.
The liability of the Company under this Guarantee
to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A
in Part 2;
(b) the amount of the unpaid principal indebted-
ness secured by the mortgage of an Assured mortgagee,
as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section
9 of these Conditions and Stipulations, at the time the
loss or damage assured against by this Guarantee
occurs, together with interest thereon; or
(c) the difference between the value of the estate
or interest covered hereby as stated herein and the value
of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or
removes the alleged defect, lien or encumbrance, or
cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any
method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or
with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or
damage to any Assured for liability voluntarily assumed
by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of
Liability.
All payments under this Guarantee, except pay-
ments made for costs, attorneys' fees and expenses
pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing
this Guarantee for endorsement of the payment unless
the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and
paid a claim under this Guarantee, all right of subroga-
tion shall vest in the Company unaffected by any act of
the Assured claimant.
The Company shall be subrogated to and be
entitled to all rights and remedies which the Assured
would have had against any person or property in
respect to the claim had this Guarantee not been issued.
If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any per-
son or property necessary in order to perfect this right
of subrogation. The Assured shall permit the Company
to sue, compromise or settle in the name of the Assured
and to use the name of the Assured in any transaction
or litigation involving these rights or remedies.
If a payment on account of a claim does not fully
cover the loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal,
interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the
Company or the Assured may demand arbitration pur-
suant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out
of or relating to this Guarantee, any service of the
Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitra-
ble matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the
Company or the Assured. All arbitrable matters when
the amount of liability is in excess of $1,000,000 shall
be arbitrated only when agreed to by both the Company
and the Assured. The Rules in effect at Date of
Guarantee shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award
attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
13. Liability Limited to This Guarantee;
Guarantee Entire Contract.
(a) This Guarantee together with all endorsements,
if any, attached hereto by the Company is the entire
Guarantee and contract between the Assured and the
Company. In interpreting any provision of this
Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not
based on negligence, or any action asserting such
claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this
Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized signatory of
the Company.
14. Notices, Where Sent.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this Guarantee
and shall be addressed to the Company at 1 First
American Way, Santa Ana, California 92707.
r
0
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS
AND STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss
or damage not exceeding the liability amount stated in
Schedule A, which the Assured shall sustain by reason of any
incorrectness in the assurances set forth in Schedule A.
First American Title Insurance Company
PRESIDENT
AUTHORIZED SIGNATORY
ISSUING OFFICE:
04L IF00
2 First American Way
(P.O. Box 267 - 92702)
Santa Ana, California 92707
(714) 800-3000
SCHEDULE A
PROPERTY OWNER'S NOTICE GUARANTEE
LIABILITY: $0.00
Name of Assured: Louis Dennis
Date of Guarantee: 4-6-2006
FEE: $0.00
1. That, according to the last equalized "Assessment Roll" provided to First American Title for Orange
County -
a. The persons listed below as "Assessed Owner" are shown on the assessment roll as owning
real property within 300 feet of the property identified on the assessment roll as Assessor's
Parcel Number 023-085-03.
b. The Assessor's Parcel Number and any addresses shown on the assessment roll are attached
hereto.
1
Mail recorded copies to:
CITY OF HUNTINGTON BEACH
CITY CLERK
2000 Main Street
Huntington Beach, CA 92648
Space above reserved for County Recorder's use
RECORD OWNER S OF EXISTING PARCELS:
ngton Beach
MAY 112006
(I/We) hereby certify that: 1) (I am!We are) the record owner(s) of all parcels proposed for
adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of
this application: and 3) The information submitted in connection with this application is
true and correct:
APN:023-085-03 APN:023-085-03
NAME:Louis Dennis NAME:Lavon Dennis
ADDRESS:100913 th Street ADDRESS:100913 th Street
Huntin ton Beach Ca 92648 Huntin ton Beach Ca. 92648
DAYTIME
TELEPHONE: 7 7 699
DAYTIME
TELEPHO -743-1600
Si ure Signatu e
ame: Louis ennis a . avon Dennis
Fee: $.-
CITY OF HUNTINGTON BEACH
LOT LINE ADJUSTMENT CityofHunti
No. -
Signature Signature
Name: Name:
••
CITY OF HUNTINGTON BEACH
LOT LINE ADJUSTMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
No.
ON THIS DAY OF C1i 200 U' BEFORE ME,A c ` cv
A NOTARY PUBLIC IN AND FOR AID STATE, PERSONALLY APPEARED
LOUIS .nkhs an . L J ,,n nnt)
PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED
THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTITIES, AND THAT BY
HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY
UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY AND:
NOTARY PU
SAID TAT
MY COMMISSION EXPIRES:
M PRINCIPAL PLACE OF BUSINESS IS IN
IC IN AND FOR L COUNTY.
0
f v .. ARY P W CAU V0M l
PRINT N ME ORANGE COUNTY UCOMM. EX?. JULY 3. Z D6 -A
STATE OF CALIFORNIA
SS
COUNTY OF ORANGE
ON THIS DAY OF , 200__, BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED
THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTITIES, AND THAT BY
HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY
UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND: MY COMMISSION EXPIRES:
MY PRINCIPAL PLACE OF BUSINESS IS IN
NOTARY PUBLIC IN AND FOR COUNTY.
SAID STATE.
PRINT NAME
0 CITY OF HUNTINGTON BEACH
LOT LINE ADJUSTMENT
No. -
PREPARER:
CONTACT PERSON: Bruce Hall Land Surve or Inc.
ADDRESS: 5732 Middlecoff Drive
Huntin ton Beach Ca. 92649
DAYTIME TELEPHONE NO:714-840 4380 office 714 310-3763 cell oNDSG
This document consisting of pages was prepared by me or under my directio /, Flo
Bruce Hall LS 4743
Surveyor's/Engineer's Name and License Number
My Registration Expires: 9-30-07
COUNTY:
Examined and Approved as to survey content only for
Raymond L. Mathe, County Surveyor
Raymond L. Mathe, L.S. 6185
County Surveyor
My License Expires: 3/31106
Dated this day of
CITY ENGINEER:
BRUCE G. HALL
* Exp. 94 *
No.4743 . -
9OFCAI.Fa
This Lot Line Adjustment Application has been examined and approved by the City of Huntington
Beach.
David A. Webb, City Engineer R.C.E. 47961 Date
My Registration Expires: 12-31-07
PLANNING DEPARTMENT:
Examined and Approved as to Zoning Conformance by the City of Huntington Beach Planning
Department
By:
Date CITY OF HUNTINGTON BEACH
0 CITY OF HUNTINGTON BEACH
LOT LINE ADJUSTMENT
No. -
LEGAL DESCRIPTION
"EXHIBIT A"
Existing Parcels Proposed Parcels
Owners: AP Numbers: Reference Number:
Louis and Lavon Dennis 023-085-03 Parcel I
Parcel 1:
Lots 5 and 6, Block 1013 of "Wesley Park Section", in the City of Huntington Beach,
County of Orange , State of California , as per map recorded in Book 4, Page 17 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
BRUCE G. HALL
* Exp.
No. 4743 . -
T QFCA0-
THIS DESCRIPTIONIMAP HAS BEEN REPARED BY ME OR UNDER MY DIRECTION.
Bruce Hall LS 4743
Surveyor'slEngineer's Name and License Number
My Registration Expires: 9-30-07
•0
CITY OF HUNTINGTON BEACH
LOT LINE ADJUSTMENT
No.
MAP
"EXHIBIT B"
Existing Parcels
Owners : AP Numbers:
Louis and Lavon Dennis 023-085-03
.90°C!7'Gt7 E
Proposed Parcels
Reference Number:
Parcel I
75'
30,
*Exp.
No.4743 Q-
rFGFCAV*cj
THIS DESCRIPTIONIMAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION.
/l9a°OO 'O ' 1,02'60 '64Z.60)
iR111211
V
1AND S&
BRUCE G. HALLO
Bruce Hall LS 4743
Surveyor's/Engineer's Name and License Number
My Registration Expires: 9-30-07
i 9
CITY OF HUNTINGTON BEACH
LOT LINE ADJUSTMENT
No. -
SITE PLAN
"EXHIBIT C"
Existing Parcels Proposed Parcels
Owners: AP Numbers: Reference Number:
Louis and Lavon Dennis 023-085-03 Parcel I
LOAV,4PE.
95'
'k
AW1 ; Q? E" /¢2.50'
ppOFOgEO 5ZfG1E
F4Mf y Older-11/6i
//$ OU72V E Aez.6v'
,Q AND
SS
J5 BRUCE G. HALL off,
* Exp.
No.4743 Q-
4' QF CA.iF
THIS DESCRIPTIONIMAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION.
Bruce Hall LS 4743
Surveyor'slEngineer's Name and License Number
My Registration Expires: 9-30-07
THIS MAP WAS PREPARED FOR ORANGE
COUNTY ASSESSOR DEPT. PURPOSES ONLY.
THE ASSESSOR MARES NO GUARANTEE AS TO
ITS ACCURACY NOR ASSURES ANY LIABILITY
FOR OTHER USES. NOT TO BE REPRODUCED.
ALL RIGHTS RESERVED.
O COPYRIGHT ORANGE COUNTY ASSESSOR 200J
dos
I u J LJ J I_J I I II
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MARCH 1948
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24-05
M.W7WGTON REACH.WESLEY PARK SECTION MAL 4-17
TRACT NO. 68 MA, 10-12
TRACT NO. 10808 MM 486-39,40,41
SEE SPECIAL PAGE 023-089 FOR SUBSURFACE FEE TITLE ASSESSMENT
POR. W 1/2. NW 1/4. SEC. 6. T 5 S. R 9 W
06 07
17 '
97 W 18
Y
19t _
;h :---.
to-- T 2 , 2E
THIRTEENTH
(OIANCY) (WESLEY)
,*II (E I R I I'eo•
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21.1 1 . 1 . 1 . . I b.
1 •6 41 II
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AVENUE 3
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s'b-- 8 - ii.11* • 4 rit !--
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S
NOTE - ASSESSOR'S BLOCK
PARCEL NUMBERS
SHOWN IN CIRCLES
I 121•
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fo
023- 08
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AVENUE §6
4 1
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12
18 I"=100'
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0 15
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N0. 1080ft;
SOSWEGOJ STREET
ASSESSOR'S MAP
BOOK 023 PAGE 08
COUNTY OF ORANGE II
Huntington Beach
Map produced by information contained in the City of
Huntington Beach Information Services Department
Geographic Information System. Information warranted for
City use only. Huntington Beach does not guarantee its
completeness or accuracy.
Map Produced on 5/23/2006
N
0 29 58
STREET NAMES
10/
CITY BOUNDARY
A'
STREET CENTERLINES (CLASS)
Smartstreet
Major
V Collector
Primary
ft Secondary
Residential
Travelway
Alley
ISOBATHS
One inch equals 29 feet HARBOR
Huntington Beach
Map produced by information contained in the City of
Huntington Beach Information Services Department
Geographic Information System. Information warranted for
City use only. Huntington Beach does not guarantee its
completeness or accuracy.
Map Produced on 5123/2006
N
0
r
MI5
29 58
One inch equals 29 feet
STREET NAMES
CITY BOUNDARY
A'
STREET CENTERLINES [CLASS)
PS Smartstreet
Major
Collector
Primary
Secondary
v/ Residential
Travelway
y Alley
ISOBATHS
HARBOR