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HomeMy WebLinkAboutLot Line Adjustment LLA1997008 - Supporting DocumentsNOTICE OF EXEMPTION To: Office of Planning and Resi arch 1400 Tenth Street, Room 121 Sacramento, CA 95814 ® Gary L. Granville Orange County Clerk-Recorder 630 N. Broadway P.O. Box 238 Santa Ana, CA 92702 FE 1g Project Title: Lot Line Ad'ustnlent No. 97-83 GARByYL, Gq 1 Clerk-Recorder DEPUTYM1 Project Location-Specific : 6152 Forester and 19131 & 19141 Festival` 'ircle (Lots l . 24. 25 and lot B of Tract 15034 Huntin ton Beach CA 92649 Project Location -City: HUNTINGTON BEACH Project Location -County : ORANGE Project Description : To ad'ust common lot lines between lots 1.24 25. and lot B of Tract 15034 for a landsca e easement Lot B maintained b the Homeowners Assoc. Public Agency Approving Project: Huntin ton. Beach Plannin De artment. Person or Agency Carrying Out Project : Walden & Associates. David Couch 1801.2 Cowan Suite 210 Irvine CA 92679. Filed in the County of Orange, CaliforniaExempt Status: Gary L. Granville, Clerk/Recorder Ministerial (Sec. 21080(b)(1); 15265).11elillll!!!1!IIfII1lillll!IIIIIIIIIlII! Ilill!II fI!111'BtOo Declared Emergency (Sec. 210S0(G)(3); 15269(a)). . Emergency Project (Sec. 21O8O(b)(4);15269(b)(c)).19988500104 11: 25ai 0.2/03/98 l Categorical Exemption (Class 1 ; Section 15301).856 51 19930 05 10 El Statutory Exemption (State Code Number 1.Z01 1 38.00 Other (Govt. Code Sec. Reasons why the project is exempt: The lot line ad'ustment will not result in the creation of an new arcels or buildin sites. Lead Agency Contact Person: IKimberlyKlopfenstein Telephone: (714) 374-1683 1 f filed by applicant: 1, Attach, certified document of exemption finding. 2. Has a Notice of Exemption been filed by the Public Agency approving the project? Yes Signature : L,i: '11 • Signed by Lead Agency Sighed byApplicant From: City of Huntington Beach Planning Department 2000 .Main Street Huntington Beach, CA 92648 COMMUNITY DEVELOPMENT DEPARTMENT TO: Bruce Crosby, Public Works FEB 131 8 FROM: Kim Klopfer tein Ext: 1683 tAPl DATE: February 10, 1998 LOT LINE ADJUSTMENT NO. 97-8 WAS APPROVED BY ZA ON JAN. 20, 1998 LOCATION: 6152 Forester, 19131 & 19141 Fesitval Cccle EXISTING USE: Landscape Easement PLEASE REVIEW AND HAVE CITY ENGINEER STAMP AND SIGN THE LOT LINE ADJUSTMENT. PLEASE RETURN THE APPROVED DOCUMENT TO ME AND I WILL FORWARD IT TO THE APPLICANT TO BE RECORDED WITH THE COUNTY. 1Z11V1 4F4-c /9' A/O AL5' Gam, -s l r2 i,9`; r 1/ F lGvn`-S'lG'-r1 )(4 A ' r /F`.^'C. ' ! THANKS, KIM 4 77 RESPONSE BY: Attachments: 1. Sit Ian DEVELOPMENT REVIEW REQUEST tt IVUI?ks 197-998 '1UNTjNC7. Cl,ryopONg11qC8' ckr COMMUNITY DEVEL OPMENT DEPARTMENT DEVELOPMEN T REVIEW REQUEST TO: Bruce Crosby, Public Works Howard Hubert, Fire Khanh Nguyen, Building Daryl Smith, Park, Tree, Landscape Jim Lamb, Economic Development Jan Thomas, Police FROM: 1JMBERLY KLOPFENSTEIN Ext: 1683 DATE: November 24, 1997 PC X ZA. PETITION(S): LOT LINE ADJUSTMENT NO. 97-8 REQUEST(S): To permit adjustment of lot lines for Lot 1, 24, 25 and Lot B of Tract 15034 To move three lot, lines (1,24, 25) from the toe of slope along, Seapoint Street (adjacent to Lot B) to the top of the slope, thereby eliminating the need for an easement over these three lots to maintain landscaping for the HOA. LOCATION: 6152 Forester, 19131 & 19141 Festival Circle ZONE:Holly Seacliff SpecificPlan GENERAL PLAN: PM-15-0-SP EXISTING USE: Slope Adjacent to the City Right of way Please submit your concerns and recommended changes or conditions in. writing on or before 12112197. CONDITIONS OF APPROVAL: (Use attachments or back side of sheet if necessary) RESPONSE. BY: . ' Attachments: 1. Site Plan COMMUNITY DEVELOPMENT DEP f EN,Ty T 'Ll11 ''IVICN I hCGV 1 VV KtI B 4°UC YC RUt., TO: Bruce Crosby, Public Works Howard Hubert, Fire -,© Mann Nguyen, Building Daryl Smith, Park; Tree, Landscap 0, F Jim Lamb, Economic Development Jan Thomas, Police FROM: KIMBERLY KLOIY ': NSTEIrN Ext: 1683 DATE: November 24, 1997 PC X ZA PETITION(S): LOT LINE ADJUSTMENT NO. 97-8 REQUEST(S): To permit adjustment of lot lines for Lot 1, 24, 25 and Lot B of Tract 15034 To move three lot lines (1,24, 25) from the toe of slope along Seapoint Street (adjacent to Lot B) to the top of the slope, thereby eliminating the need for an easement over these three lots to 'maintain landscaping for the HOA. LOCATION: 6152 Forester, 19131 & 19141 Festival Circle ZONE :Holly Seacliff Sp;,,-.ificPlan GENERAL PLAN: RM-15-0-SP EXISTING USE: Slope Adjacent to the City Right of way Please submit your concerns and recommended changes or conditions in writing on or before 12112197. CONDITIONS OF APPROVAL: (Use attachments or back side of sheet if necessary) RESPONSE BY: ' Extension COMMUNITY DEVELOPMEN T DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Bruce Crosby, Public Works Howard Hubert, Fire Khanh Nguyen, Building Daryl Smith, Park, Tree, Landscape Jim Lamb, Economic Development Jan Thomas, Police FROM: KIMBERLY KLOPFENSTEIN Ext: 1683 DATE: November 24, 1997 PC X ZA PETITION(S): LOT LINE ADJUSTMENT NO. 97-5 REQUEST(S): To permit adjustment of lot lines for Lot 1, 24, 25 and Lot B of Tract 15034 To move three lot lines (1,24, 25) from the toe of slope along Seapoint Street (adjacent to Lot B) to the top of the slope, thereby eliminating the need for an easement over these three lots to maintain landscaping for the HOA. LOCATION: 6152 Forester, 19131 & 19141 Festival Circle ZONE:Holly Seacliff SpecificPlan GENERAL PLAN: RM-15-0-SP EXISTING USE: Slope Adjacent to the City Right of way Please submit your concerns and recommended changes or conditions in writing on or before 12/12/97. CONDITIONS OF APPROVAL: (Use attachments or back side of sheet if necessary) k o C6;'A-4-JX - RESPONSE BY: Attachments. 1. Sue, Ian Extension _,' /E' y ( 5 1 COMMUNITY DEVELOPMENT DEPA RTMENT DEVELOPMENT REVIEW REQUEST TO: Bruce Crosby, Public Works Howard Hubert, Fire Khanh Nguyen, Building Daryl Smith, Park, Tree, Landscape Jim Lamb, Economic Development Jan Thomas, Police FROM: KIMBERLY KLOPFENSTEIN Ext: 1683 DATE: November 24.997 CS X ZA P of PETITION(S): LOT LINE ADJUSTMENT NO. 97-8 REQUEST(S): To permit adjustment of lot lines for Lot 1, 24, 25 an ' $ `T act 15034 To move three lot lines (1,24, 25) from the toe of slope along Se M Street (adjacent to Lot B) to the top of the slope, thereby eliminating the need for an easement over these three lots to maintain landscaping for the HOA. LOCATION: 6152 Forester, 19131 & 19141 Festival Circle ZONE:Holly Seacliff SpecificPlan GENERAL PLAN: RM-15-O .SP EXISTING USE: Slope Adjc-. ent to the City Right of way Please submit your concerns and recommended changes or conditions in writing on or before 1211,2197. CONDITIONS OF APPROVAL: (Use attachments or back side of sheet if necessary) I RESPONSE BY: Attachments: 1, Si e Plan CITY OF HUNTINGTON BEACH L.OT UNE ADJUMENT LLi OWNERS (LEGAL DESCRIPTION)060 EXISTING PARCELS AP NUMBER r 000 **. PROPOSED PARCELS -REFERENCE p ul lDFR LENNAR HOMES OF CALIFORNIA 110-411-27 & 110 11-26 1 PA=. 2 WI(R HOMES OF CALIFORNIA 110-411-01 & 116-411-02 PARCEL 3 &FARM 4 BEING THOSE PORTIONS OF LOTS 1, 24, 25 AND LETTERED LOT "B" OF TRACT NO. 15034, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 740, PAGES 32 THROUGH 35, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I LOT B O~ SAID TRACT NO. 15034, TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT 1; BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 935.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 45007'04 WEST; THENCE NORTHEASTERLY 207.95 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE OF SAS LOT 1 THROUGH A. CENTRAL ANGLE OF 12°44'34" TO THE MOST NORTHERLY CORNER OF SAID LOT 1, A RADIAL LINE TO SAID POINT BEARS NORTH 32°22'30" WEST; THENCE SOUTHI 32°2230" EAST 8.60 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 TO THE WESTERLY CORNER-OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 32°22'30" EAST; THENCE SOUTHWESTERLY 13.60 FEET ALONG SAID CURVE AND SOUTHEASTERLY LINE OF SAID LOT I THROUGH A CENTRAL ANGLE OF 16°56'42", A RADIAL LINE TO SAID POINT BEARS NORTH 49019'12" WELT; THENCE SOUTH 54002'16" WEST 49.04 FEET; THENCE SOUTH 49°15'32" WEST 35.49 FEET; THENCE SOUTH 46°09'06 WEST 37.74 FEET; THENCE SOUTH 46°20'49" WEST 44.68 FEET; THENCE SOUTH 41°19'45" WEST 16.33 FEET T? A POINT ON THE SOUTHWESTERLY LINE OF. SAID LOT I; THENCE NORTH 68°52'42" WEST 20.68 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT I TO THE POINT OF BEGINNING. ALSO, TOGETHER WITH THE FO" .OWING DESCRIBED PORTION OF SAID LOT 25; BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 25, SAID POINT BEING 'ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1065;00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32°4535" WEST, THENCE SOUTHWESTEK ,Y 102.62 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE OF SAID LOT 25 THROUGH A CENTRAL ANGLE OF 05°31'1.4" TO THE BEGINNING OF A CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT LL (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUMBER A *REt;'EREUC . NU BFR LEIfIAR HOPES OF CALIFORNIA 110-411-27 &110411-2G M 0 4 6 0P ° ai PAR< LL 2 LEM4 R HOMES OF CALIFORNIA 110-411-0 1 &110-411-02 PARCEL 3 t FM 1. 4 REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 935.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 27°14'21" EAST; THENCE SOUTHWESTERLY 93.81 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE OF SAID LOT 2S THROUGH A CENTRAL ANGLE OF 05°08'09" TO THE WESTERLY lCORNER. OF SAID LOT 25, A RADIAL LINE TO SAID POINT BEARS NORTH 32°22'30" WEST; THENCE SOUTH 32°22'30" EAST 8.60 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 25 TO THE SOUTHWESTERLY CORNER OF SAID LOT 25, SAID POINT BEING ON CURVE CONCAVE SOIT THEAS'IERLY HA LNG A -2 AEIUS OF 46.00 FEET, A RADIAL LINE TO SAID PO. NT BEARS NORTH 32°22'30" WEST; THENCE NORTHEASTERLY 19.57eFEET ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT 25,TIM I CENTRAL ANGLE OF 24°22'42", A RADIAL LINE TO SAID POINT BEAR Q 59'48" 5P; THENCE NORTH 60°55' 16" EAST 63.25 FEET TO THE BEGIN'-NITN%TG OF A NON NG NT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1077.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 27°12'58" WEST; THENCE NORTHEASTERLY '99.67 FEET ALONG SAID CURVE THROUGH A CEtS RAL ANGLE OF 05°17'57" TO POINT ON THE EASTERLY LINE OF SAID LOT 25, ARADIAL LINE TO SAID POINT BEARS NORTH 32°30'55" WEST; THENCE NORTH 12°4745" WEST 13.47 FEET ALONG SAID EASTERLY LINE OF SAID LOT 25 TO THE POINT OF BEGINNING. ALSO, TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT 24; .A, BEGINNING AT THE MOST NORTHERLY ;CORNER OF . LOT 24, SAID POINT BETh G ON A CURVE CONCAVE NORTHWESTERLS,,,HA G A RADIUS OF 1065.00 FEET, A RADIAL LINE TO SAID POINT BEARSSOUTH 36°58'2 " EAS -. THENCE SOUTH ESTERLY 78.34 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE CF SAID LOT 24 THROUGH A CENTRAL ANGLE OF 04012'54" TO THE WESTERLY CORNER OF SAID LOT 24, A RADIAL LINE TO SAID POINT BEARS NORTH 32°45'35 WEST; THENCE SOUTH 12°47'45" EAST 13.47 FEET ALONG THE WESTERLY LINE OF SAID LOT 24 TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1077.67 FEET, A RADIAL LINE TO SAID POINT BEARS,'NORTH 32°30'55 WEST; THENCE NORTHEASTERLY 89,85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°46'38" TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 24, A RADIAL LINE TO SAID POINT BEARS NORTH 37°17'33" WEST; THENCE NORTH 62°15'34" WEST 14.00 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 24 TO THE POINT OF BEGIN' `lN:'., PARCEL I CONTAINING AN AREA OF 0.503 ACRES, MORE OR LESS. SHEET OF 5 CITY OF HUNTINGTON BEACH LOT UNE AAJUSNE +(T LL (LEGAL DESCi;IPTION) OWNERS EXISTING PARCELS AP NUMBER m 4 h - 0 H 4 A 0 w M S PROPOSED PARCELS 'REI"' cENbE NUMBER LM AR IiOffS OF CALIFORNIA 110-411-27 &110-411-2G 1 AI Ctl-1 r fir` PARCEL; 2 LF fMR fO1t5 OF CALIFORNIA 110-411-01 &110-411-02 PARCEL 3 dk PARCEL. 4 PARCEL 2 LOT 1 OF SAID TRACT NO. 15034, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT 1;, BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1 , SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 935.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 45°07'04" WEST; THENCE NORTHEASTERLY 207.95 FEET ALONG SAID CURVE AND NORTHWESTERLY LIFE OF SAID LOT I THROUGH A CENTRAL ANGLE OF 12°44'34" TO THE MOST NORTHERLY CORNER OF SAID LOT 1, A RADIAL LINE TO SAID POINT BEARS NORTH 32°22'30" WEST; THENCE SOUTH 32°22'30" EAST 8.60 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 TO THE WESTERLY CORNER OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 46.(;0 FEET, A RADIAL LINE TO SA) POINT BEARS SOUTH 32°22'30" EAST; THENCE SOUTHWESTERLY 13.60 FEET ALONG SAID CURVE SOUTHEASTERLY LINE OF SAID LOT 1 THROUGH A CENTRAL ANGLE OF 16°56'42", A RADIAL LINE TO SAID POINT BEARS NORTH 49°19' 12" WEST; THENCE SOUTH 54'02'16"' WEST 49.04 FEET; THENCE SOUTH 49°1532" WEST 35.49 FEET; THENCE SOUTH 46°09'06" WEST 37.74 FEET; THENCE SOUTH 46°20'49" 'NEST 44.68 FEET; THENCE SOUTH 41°19'45" WEST 16.33 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT :, THENCE NORTH 68°52'42" WEST 20.68 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 TO THE POINT OF BEGINNING.I PARCEL 2 CONTAINING AN AREA OF 0.161 ACRES, MORE OR LESS. SHEET 3 OF 5 CITY OF HUNTINGTON BEACH LOT UNE ADJUSTMENT I _ a P A „4. St m 9F '4 t3 !` y. a'^ ' tl G # R ap qoa m xrvo ++r(LEGAL DESCRIPTION) OWNERS EXISTING PARCELS PROPOSE PARCELS AP NUMBER EFt EjCE " 1U BFR L HOW S OF CALIPC N!A 110.11-27 & 1i0'411-2 6 P,AJZG.CL 2 LIVAR I10tf9 OF CALIFORNIA 110-411-01 110-411-02 PARCH. 3 &PARCEL 4 PARCEL 3 LOT 25 OF SAID TRACT NO, 15034, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT 25; BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 25, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1065.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32°4535" WEST; THENCE SOUTHWESTERLY 102.62 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE OF SAID LOT 25 THROUGH A CENTRAL ANGLE OF 05031'14" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 935.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 27°14'21" EAST; THENCE SOUTHWESTERLY 83.81 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE OF SAID LOT 25 THROUGH A CENTRAL ANGLE OF 05°08'09" TO THE WESTERLY CORNER OF SAID LOT 25, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 32°22'30" WEST; THENCE SOUTH 32°22'30" EAST 8.60 FEE T ALONG THE SOUTHWESTERLY LINE OF SAID LOT 25 TO THE SOUTHWESTERLY CORNER OF SAID LOT 25, SAID POINT BEING ON CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32°22'30" WEST; THENCE NORTHEASTERLY 19.57 FEET ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT 25 THROUGH A CENTRAL ANGLE OF 24°22'42", A RADIAL LINE TO SAID POINT BEARS ;.07°59'48" WEST; THENCE NORTH 60055'16" EAST 63.25 FEET TO THE BEGINNING OF A 'INON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1077.67 FET, A RADIAL LINE TO SAID POINT BEARS NORTH 27012'59" WEST; THENCE NORTHEASTERLY 99.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°17'57" O POINT ON THE EASTERLY LINE OF SAID LOT 25, A RADIAL LINE TO SAID POIyT BEARS NORTH 32°30'55 WEST; THENCE NORTH 12°47'45" WEST 13.47 FEET ALONE. SAID EASTERLY LINE OF SAID LOT 25 TO THE POINT OF BEGINNING. PARCEL 3 CONTAINING AN AREA OF 0.279 ACRES, MORE OR LESS. CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT LL (LEGAL DESCRIPTION) o y q L 9 U OWNERS U 6 d P U qm Y 1x96 +m q.# EXISTING PARCELS #PRQPQSEO PARCELS AP NUMBER 1 R REh.CE NUMaEt L (HOMES OF CALIFORNIA 110-411-27 &110-41126 PARCEL e PPRCL1 2 W14R I1OWS OF CALIFORNIA 110-411-01 &110-411-02 PARCEL 3 & PARCEL 4 PARCEL 4 LOT 24 OF SAID TRACT NO. 1.503,, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT 24;e'er -a A BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 24, SAID POINT BEING ON A CURVE CONCAVE NORTHWES7E43 ,HAVING A RADIUS OF 1065.00 FEET, A RADIAL LINE TO SAID POINT BEARS. GU 3b°5829" EAST; THENCE SOUTHWESTERLY 78.34 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE OF SAID LOT 24 THROUGH A CENTRAL ANGLE OF 04°12'54" TO THE WESTERLY CORNER OF SAID LOT 24, A RADIAL LINE TO SAID POINT BEARS NORTH 32°45'35" WEST; THENCE SOUTH 12°47'45" EAST 13.47 FEET ALONG THE WESTERLY LINE OF SAID LOT 24 TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1077.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32°30'55" WEST; THENCE NORTHEASTERLY 89.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°46'38" TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 24, A RADIAL LINE TO SAID POINT BEARS NORTH 37°17'33" WEST; THENCE NORTH 62°15'34" WEST 14.00 -FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 24 TO THE POINT OF BEGINNING. PARCEL 4 CONTAININ 3 AN AREA OF 0.192 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF.. SHEET 5 OF 5 CITY OF HUNTINGTON LOT LINE ADJUSTMENT LL MAP OWNERS LENNAR HOMES OF CALIFORNIA LENNAR HOME5 OF CALIFORNIA W'LY. COR. LOT 1 00 o v cl I "' Cz a Y N N A N a * 0 * n N PROPOSED PARCELS REFERENCE NUMBER .F N N 4 .r - ?ARM 1: & f AYC L 2 PARG .03 PAi.GEL 4 EXISTING LOT LINES EXISTING LOT LINE TO BE DELETED PROPOSED LOT LINE SCALE PARCEL I 0 EXISTING PARCELS AP NUMBER 110-411-27 & 110-411-26 110-411-01 & 110-411-02 NOTES: SEE SHEET 4 FOR COURSE DATA TABLES. LEGEND: 81.00' a43•`9s-• Aso ' if A,7 bEACH ® P D VR R' P 'a'' B R - PARCEL 3 50' CITY OF HUNTINGTON BEACH LOT LANE ADJUSTMENT LL N q I m a n a U4 P 0 OWNERS EXISTING PARCELS AP NUMBER P a • } PROPOSED PARCELS REFERENCE NUMBER LENNAR FIOME5 OF CALIFORNIA 110-411-27 & 110-411-2G FARM 1-4& PARC9L 2 .x a YLENNAR HOMES OF CALIFORNIA 110-411-01 & 110-411-02 PARCECa3}k PAPtEL 4 N */,r 4 SCALE: 1" = 50'z"9.d. 4,lp. OSa C?DSO r \ 41 >N, SEE SHEET e 61 o?505 Cli t ,vr H A if t_ 'J t fl o 9 'RJ g y1 1 N -B . 4,g k 365829" E N LY COR: "LOT 24 0'oN 1400' ARCEL 1A3 ,._C 01 PARCEL4 SEE SHEET 3 NOTES: SEE SHEET 4 FOR COURSE DATA TABLES. 7 N VARIES VARIES . W 4 CITY OF HUNTINGTON BEACH LOT LJNE ADJUSTMENT LL 4 D OWNERS MAP EXISTING PARCELS AP NUMBER e s w p w 0 e 4 4 6 a S 8 PROPOSED PARCELS REFERENCE NUMBER O q ,. LENNAR HOMES OF CALIFORNIA 110-411-27 & 110-411-2G 'PAW n 1 s& PAI C L 2 LENNAR HOMES OF CALIFORNIA 110-411-01 & 110-411-02.PARGct'3 °& PARCEL 4 f SEE SHEET ! 2 VAR/ESVARIES NOTES: SEE SHEET 4 FOR COURSE DATA TABLES. CfT OF HUNTINGTON btACH LOT UNE ADJUSTMENT LL OWNERS EXISTING PARCELS AP NUMBER LENNAR 11011E5 OF CALIFORNIA 11.0-411-27 &110-411-26 LEHNAR 11014E5 OF CALIFORNIA 110-411-01. &110-411-02 LINE LINE DIRECTION D1S74NCE El S 4;' 19'45° W 16.33' L2 S 46'20'49" W 44.68' L3 S 40'09'06' W 37.74' L4 S 49'15'32' W 35.49'. L5 S 54'02'16' W 49.04' L6 N 68'5242' W 27.54' L7 N 32'22 '30' W R)8.60' CURVE CURVE DELTA 0%OFESS OA, 14 0.19402 Exp •iia/ r CIVIL Ci C2 C3 C4 C5 C6 C7 C8 C9 C1o Cli C12 C13 C14 C15 C16 C17 C18 C19 41.1922' 10'04'35' 62'20'09' 8Z06'2f 67'50'41" 82' 14'55` 53'07'48° 106'05'047 2704'28' 138'00'14" 81'56'58" 56'03'16` 05'08'09' 16'56'42' 24'22'42" 05'31'14 04'12'54* 05'1757" 04'46'38' RADIUS LENGTH 46.00 33.18 1077.67 189.52 28.00 30.46 32.00 45.86 46.00 54.47 46.00 66.03 54.00 50,07 19.00 35.18 54.00 20.80 46.00 110.80 46.00 65.79 46.00 45.00 935.00 83.81 46.00 13.60 46.00 19.57 1065.00 102.62 1065.00 78.34 1077.67 99.67 1077.67 89.85 PROPOSED PARCELS REFERENCE NUMBER er a Al oe f ARCM, 1: & PAkCL'L 2 FAttCLI' "3 '& PAR EL 4 CITY OF HUNTINGTON BEACH LOT UNE ADJUSTMENT LL OWNERS SITE MAP EXISTING PARCELS AP NUMBER N P ii LENNAR HOMES OF CALIFORNIA 110-411-27 & 110-411-2G LENNAR HOMES OF CALIFORNIA 110-411-01 & 110-411:-02. NOTES: PROPOSED BUILDING LOCATIONS. WILY. CDR LOT 1 PARCEL 1 `FIIRl9VI 503 LEGEND: 4/7 PROPOSED PARCELS , REff?ENCE t U,M9ER Y, P 8! R I$APCF 1 a PAkGt;L 2 PARCEL :3 & PARCEL. 4 EXISTING LOT LINES - EXISTING LOT LINE TO BE DELETED PROPOSED LOT LINE ^ ,r -, ~; r LET cr- j La..C1 SEE `SHEET1 2 N N PARCEL N SHEET 1 OF 2 A4 CITY OF HUNTINGTON BEACH LOT UNE ADJUSTMENT saLL / I/ lY Ae a ItSITE MAP * *M ai EXISTING PARCELSOWNERSAP NUML°ER LENNAR HOMES Of CALIFORMA 110--411-27 &110-411-26 LENNAR HOMES OF CILIFORNIA 110-411-01 &110-411-02 SEE SHEET 1 * A Afi d M q PROPOSED PARCELS REFERENCE NUMBER 4PA C,!l I PARCL L 2 PARCtL9 '3 PARCEL 4 NOTES: PROPOSED BUILDING LOCATIONS. OR-9738712 TITLE OFFICER - GOMEZ o a a First American Title Insurance `c m pc x y ° ° aw ., (714) 558-3211 m114 East Fifth Street, Santa Ana, California 92 Wt1°e A w a a o (P.O. Box 267, Santa Ana, California 92702) LENNAR HOMES 23333 AVENIDA LA CAZA COTO DE CAZA, CALIFORNIA 92679 ATTN : TRUDIE WILSON YOUR NO. TRACT 15034, LOTS B, 1, 25 AND 25 ya a s a a Y2 fi 4 F w O aFa 4,wa ,IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE D 1TE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF 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 REPORT. .THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A ?OLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED, PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TEEMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLX.CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF SEPTEMBER 17, 1997 AT 7:30 A, M. BY RONALD J. GOMEZ -TITLE OFFICER THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS; AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY. OR-9738712 TITLE OFFICER - GOMEZ TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: e a rt bd 7 9 A 4 N n , 17 9 k4 0 i ti S Y " 4 b 4 4 0-0 LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION. *% bb , v 9 4 4 0 740 i7 R G THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS; 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-1995, NOW A LIEN NOT YET DELINQUENT. OT ZFIRST INSTALLMENT 39 05 L.-: $3,0 . SECOND INSTALLMENT: $3,039.05. / CODE AREA: 04-001. / Lo-t ! L A. P. NO.: 110-411-01 AND 110-411-02,110-411-26 AND 110-411-27. #. I 2. THE LIEN OF SUPPLEMENTAL, TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT 88-1 (RESERVOIR HILL), AS DISCLOSED BY ASSESSMENT DIAGRAM FILED IN BOOK 45, PAGE 29 OF ASSESSMENT DISTRICT MAPS, A NOTICE OF WHICH WAS RECORDED DECEMBER 7, 1988 AS INSTRUMENT NO. 88-637474 OF OFFICIAL RECORDS. 4, THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS (COLLECTIVELY, "DEVELOPER"), RECORDED NOVEMBER 14, 1990 AS INSTRUMENT NO. 90-599766 OF OFFICIAL RECORDS. NOTE 1: AN INSTRUMENT ENTITLED "CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, POLYGON COMMUNITIES, INC., AND PLC" RECORDED DECEMBER 26, 1996 AS INSTRUMENT NO. 19960649338 OF OF:. ICIAL RECORDS; REFERF'7CE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. NOTE 2: AN INSTRUMENT ENTITLED "CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, LENNAR HOMES OF CALIFORNIA, INC., AND TLC" RECORDED DECEMBER 26, 1996 AS INSTRUMENT NO. 19960649339 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. OIL-9738712 TITLE OFFICER - GOMEZ 9 9 ° m 4 NOTE 3: AN INSTRUMENT ENTITLED "CERTIFICATE OF CONSENT. TGI 3 HE SAYE F'PItO ERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS B?'-AIWBETWEI6THE-CITY OF HUNTINGTON BEACH, SHEA VICKERS RESIDENTIAL, L.L.C., AND PLC RECORDED JUNE 16, 1997 AS INSTRUMENT NO. 19970276144 OF OFFICIAL RECORDS; REFERENC,F BFI.NG MAIZE.TO THE RECORD THEREOF FOR. FULL PARTICULARS. G M B W 8 4 5. EASEMENTS, TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS PERTAINING TO THE LAND CONTAINED IN THE DEED FROM PACIFIC COAST HOMES, A CALIFORNIA CORPORATION, AS GRANTOR, TO PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTEE, RECORDED MAY 9, 1996 AS INSTRUMENT NO. 1996023451'7 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 6, THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL EASEMENT AGREEMENT", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND NATIONAL GOLF OPERATING PARTNERSHIP, L.P., A DELAWARE LIMITED PARTNERSHIP, RECORDED MAY 9, 1996 AS INSTRUMENT NO. 19960234835 OF OFFICIAL RECORDS. 7. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 8. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOTS 24 AND 25. 9. ALL VEHICULAR ACCESS RIGHTS TO THE SOUTH SIDE OF SUMMIT DRIVE, EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION, HAVE BEEN RELEASED AND RELINQUISHED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. 10. AN EASEMENT AS SHOWN AND RESERVED BY PLC ON THE MAP OF SAID TRACT TO BE GRANTED PER SEPARATE DOCUMENT. FOR: SEWER AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOT 1. 11. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTOR, TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, AS GRANTEE, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610528 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610529 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDEP 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, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. PAGE 3 OR-9738712 TITLE OFFICER - GOMEZ & iY d! b M iw 4Nf k N p ++ 4 a 41 b r. 13. A DEED OF TRUST FOR THE PURPOSE OF SECURING THE PtRIG MAY'+ICE-'AS SEA'" FORTH THEREIN, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610530 OF OFFICIAL RECORDS. DATED: DECEMBER 3, 1996.A• e 101 0 G 0 04 TRUSTOR: LENNAR HOMES OF CALIFORNIA, INC., A CAI IFDIIZA CSR°PORA°TI&ON. TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY.**. BENEFICIARY: PLC, A CALIFORNIA GENERAL PARTNERSHIP. 14. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF OPTION AGREEMENT AND ESCROW INSTRUCTIONS", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPOI`RATION, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610531 OF OFFICIAL RECORDS. 15. AN EASEMENT AS SETFORTH IN AN INSTRUMENT RECORDED APRIL 25,1997 AS INSTRUMENT 19970189496 OF OFFICIAL RECORDS, IN FAVOR OF, SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. FOR: ELECTRICAL SUPPLY SYSTEMS, COMMUNICATION SYSTEMS AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOTS 1, 24 AND 25. 16. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 25, 1.997 AS INSTRUMENT NO. 19970189496 OF OFFICIAL RECORDS, IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY, FOR. PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: WITHIN 6 FEET OF ALL FRONT LOT LINES AN ? WITHIN 4 FEET OF ALL SIDE LOT LINES OF SAID LAND. 17. LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES IN AN INSTRUMENT RECORDED JANUARY 3, 1997 AS INSTRUMENT NO. 19970002774 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, C :NU SON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT S'JCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. NOTE I. AN INSTRUMENT ENTITLED "DECLARATION OF ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA (COMMON AREA)" WAS RECORDED MAY 14, 1997 AS INSTRUMENT NO. 19970225771 OF OFFICIAL RECORDS, DECLARING THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS TO BE EFFECTIVE AND APPLY TO AND BE BINDING UPON THE LAND, NOTE I A: AFFECTS LOT B OF TRACT NO. 15034. NOTE 2: AN INSTRUMENT ENTITLED "DECLARATION OF ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA" WAS RECORDED JUNE 25, 1997 AS INS'T'RUMENT NO. 199702955 550 OF OFFICIAL RECORDS, DECLARING THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS TO BE EFFECTIVE AND APPLY TO AND BE BINDING UPON THE LAND, ?AGE 4 OR-9738712 TITLE OFFICER - GOMEZ NOTE 2A: AFFECTS LOT 1, 24 AND 25 OF TRACT NO. 15034. 18. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JULY 16, 1997 AS INSTRUMENT a Aft WA M PPP *-* OVER, THE FOLLOWING: IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY.","P * 4 fmaFOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES.4 a G.r Vd rK {,- r,+ y d xa NO. 19970335092 OF OFFICIAL RECORDS, BEGINNING AT THE MOST EASTERLY SOUTHEASTERLY CORNER OF SAID LOT B, SAID POINT ALSO BEING ON THE WESTERLY LINE OF PEPPERMILL LANE, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT B, 182.00 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 10,00 FEET, TO A POINT DISTANT 5.00 FEET FROM THE NORTHEASTERLY LINE OF SAID LOT B, AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY PARALLEL TO SAID NORTHEASTERLY LINE OF LOT B, 18.00 FEET. 19. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "SCHOOL FACILITIES MITIGATION AGREEMENT", EXECUTED BY AND BETWEEN HUNTINGTON BEACH UNION SCHOOL DISTRICT AND PLC, A C: .IFORNIA GENERAL PARTNERSHIP, RECORDED AUGUST 1, 1997 AS INSTRUMENT NO. 19970367888 OF OFFICIAL RECORDS. RAGES b a V .-973$712 TITLE OFFICER GOMEZ n R 4 p 44 f4 4 4 4 4 # , DESCRJPTION 4 4 i4 4p..+. 4 0me w.nw THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA., COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS;A 8 M E4 LOTS 1, 24,25 AND LETTERED LOT B, INCLUSIVE OF TRACT NO. 15034 AS SHOW ON A MAP FILED IN BOOK 740 PAGES 32 TO 35 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING FROM A PORTION OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY, AND FURTHER EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS OR OTHER WORKS INTO OR THROUGH SAID PROPERTY AND THE ADJOINING STREETS, ROADS OR HIGHWAYS BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS, OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING THE RIGHT TO PEI FORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS. THE RIGHTS HEREINABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR RESERVE ANY RIGHT TO THE SURFACE OF THE PROPERTY OR THE FIRST 500 FEET BELOW THE SURFACE OF THE PROPERTY OR TO CONDUCT ANY OPERATIONS THEREON OR THEREIN, AS RESERVED IN THE DEEDS FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 1590 AS INSTRUMENT NO. 90-577992 AND RECORDED JUNE 24, 1991 AS INSTRUMENT NO. 91-321437, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING FROM APORTION OF SAID LAND, ANY AND ALL WATER RIGHTS OR INTERESTS THEREIN, TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE PROPERTY TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE PROPERTY OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY, 'WHETHER. SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RIGHTS OR UPON THE UPPER THIRTY (30) FEET OF THE SUBSURFACE OF THE PROPERTY, AND ALSO WITHOUT ANY RIGHTS TO ENTER UPON THE SUBSURFACE THEREUNDER IN SUCH MANNER AS TO MATERIALLY IMPAIR THE SUPPORT OR STABILITY OF ANY STRUCTURES OR IMPROVEMENTS FROM TIME TO TIME LOCATED ON THE PROPERTY, AS RESERVED IN THE DEED FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 1990 AS INSTRUMENT NO. 90-577992 AND RECORDED JUNE 24, 1991 AS INSTRUMENT NO. 91-321437, BOTH OF OFFICIAL RECORDS. PAGE 6 OR-9738712 TITLE OFFICER - (QOMEZ WARNING 4y 4 "THE MAP ATrACHED HERETO MAY OR 7YfAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY,DISCLATIS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". DM PLATS (CC&RWS, IF ANY) ENCLOSED. NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: BANK OF AMERICA ABA 121000358 1130 S., FIGUEROA STREET ACCOUNT #12354-19952 LOS ANGELES, CALIFORNIA CREDIT TO FIRST AMERICAN TITLE INSURANCE CO. OR-9738712 TITLE OFFICER - RONALD J. GOMEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT CON'T`ACT ESCROW OFFICER FOR WIRING INSTRUCTIONS COPY WITH PLAT (AND CC&R, IF ANY) TO. WALDEN & ASSOCIATES 18012 COWAN, SUITE 210 IRVINE, CALIFORNIA 92714 ATTN: DAVE COUCH OR-9738712 TTFLE OFFICER - GOMEZ Sa R 9 4 + M A 4 4 0 Q 4; 4; 4 Q ti- 6 # H - Ra b dY b R ,x. pwn 4 444 ti'mR +,. NOTICE 644 4*a a 0u N 4 a a a e. SECTION 12413,1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQVIF.ES THA-r:kNY TITLI" INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY 11ARDLIAG FUNDa " IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT, IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAYBE DISBURSED THE NEXTDAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS, * $ * # d 4 * * 'ka * $ NOTICE 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUALTO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PFJCE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THATTHE SELLER IS A RESIDENT OF t::tLIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3, THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE8 IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNTEQUALTO THREEAND ONE-TT]IRD PERCENT OF THESALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR OR-97387.2 TITLE OFFICER - GOMEZ , First American Title Insurance o a e fi 114 East Fifth Street, Santa Ana, California 92701 (P.O. Box 267, S:.ta Ana, California 92702) (714)558-3211 LENNAR HOMES 23333 AVENIDA LA GAZA COTO DE CAZA, CALIFORNIA 92679 ATTN: TRUDIE WILSON YOUR NO. TRACT 15034, LOTS B, 1, 25 AND 25 ,IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAYBE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM, THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A, ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE PROM THE OFFICE WHICH. ISSUED THIS REPORT. THIS REPORT /AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A. POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO' BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY, THE EXCEPTIONS AND EXCLUSIONS ARE, MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT AWRITTENN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF SEPTEMBER 17, 1997 AT 7:30 A.M. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY. PAGEI OR 9738712 TITLE OFFICER - GOMEZ TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: " YI N 4a s 4 4 + t e w A I* K 4 `4 4 Q '4 # pMp - ho- X44 fPf ¢+ U. A LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION.nom" THE ESTATE OR, INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-1998, NOW A LIEN NOT YET DELINQUENT .LaC 24'L_01-f (, 'le>OT Z' r05FIRST INSTALLMENT: $3 039 . -. 1 I 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A. P. NO.: 110-411-01 AND 110-411-02, 110-411-26 AND 110-411-27. SECOND INSTALLMENT: $3,039.05, ` CODE AREA: 04-001. j Z 3. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT 88-1 (RESERVOIR HILL), AS DISCLOSED BY ASSESSMENT DIAGRAM FILED IN BOOK 45, PAGE 29 OF ASSESSMENT DISTRICT MAPS, A NOTICE OF WHICH WAS RECORDED DECEMBER 7, 1988 AS INSTRUMENT NO. 88-637474 OF OFFICIAL RECORDS. 4. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, AND PACIFIC COAST HOMES AND GARFIELD PARTNERS (COLLECTIVELY, "DEVELOPER"), RECORDED NOVEMBER 14, 1990 AS INSTRUMENT NO. 90-599766 OF OFFICIAL RECORDS. NOTE 1: AN INSTRUMENT ENTITLED "CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, POLYGON COMMUNITIES, INC., AND PLC" RECORDED DECEMBER 26, 1996 AS INSTRUMENT NO. 19960649338 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS, NOTE 2. AN INSTRUMENT ENTITLED "CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, LENNAR HOMES OF CALIFORNIA, INC., AND PLC" RECORDED DECEMBER 26, 1996 AS INSTRUMENT NO. 19960649339 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. ()R-9738712 TITLE OFFICER GOMEZ 4 C 4 d 4 4 X7 d 13 4 m 4 0 NOTE 3: AN INSTRUMENT ENTITLED "CERTIFICATE OF CONSEN b.;&O8TtiE S'.tiEo-nF PRCPEI<TY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, SHEA VICKERS RESIDENTIAL, L.L.C., AND PLC RECOMED4.IUN,.E 16, 1997 AS INSTRUMENT NO. 19970276144 OF OFFICIAL RECORDS; REFERENCI, ,E1NG „Mr°k1iE TO THE#06 *6 0RECORD THEREOF FOR FULL PARTICULARS.n 4 D 4 4 5, EASEMENTS, TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS PERTAINING TO THE LAND CONTAINED IN THE DEED FROM PACIFIC COAST HOMES, A CALIFORNIA CORPORATION, AS GRANTOR, TO PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTEE, RECORDED MAY 9, 1996 AS INSTRUMENT NO. 19960234587 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 6. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL EASEMENT AGREEMENT", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND NATIONAL GOLF OPERATING PARTNERSHIP, L.P., A DELAWARE LIMITED PARTNERSHIP, RECORDED MAY 9, 1996 AS INSTRUMENT NO. 19960234835 OF OFFICIAL RECORDS. 7. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 8. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES, OVER: A PORTION OF LOTS 24 AND 25. 9. ALL VEHICULAR ACCESS RIGHTS TO THE SOUTH SIDE OF SUMMIT DRIVE, EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION, HAVE BEEN RELEASED AND RELINQUISHED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. 10. AN E ;SEMENT AS SHOWN AND RESERVED BY PLC ON THE MAP OF SAID TRACT TO BE GRANTED PER SEPARATE DOCUMENT. FOR: SEWER AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOT 1. It, EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTOR, TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, AS GRANTEE, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610528 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610529 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, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. PAGE 3 ®R 9738712 TITLE OFFICER - GOMEZ w A a4 4,p,b A #4 4i 4ii0. 4 k. u. 13. A DEED OF TRUST FOR THE PURPOSE OF SECURING THE PERFORMANCE AS SET FORTH THEREIN, RECORDED DECEMBER 3, 1996 AS :NSTRUMENT NO. 19960610530 OF OFFICIAL RECORDS. DATED: DECEMBER 3, 1996. TRUSTOR: LENNAR HOMES OF CALIFORNIA, INC., A CALIFO; ajlA^FCO.P,ORATtOV. TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY. BENEFICIARY: PLC, A CALIFORNIA GENERAL PARTNERSHIP. 14. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF OPTION AGREEMENT AND ESCROW INSTRUCTIONS", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610531 OF OFFICIAL RECORDS. 15. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 25,1997 AS INSTRUMENT NO. 19970189496 OF OFFICIAL RECORDS, IN FAVOR OF : SOUTHERN CALIFORNIA EDISON COMPANY , A CORPORATION. FOR: ELECTRICAL SUPPLY SYSTEMS, COMMUNICATION SYSTEMS AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOTS 1, 24 AND 25. 16. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 25, 1997 AS INSTRUMENT NO. 19970189496 OF OFFICIAL RECORDS, IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: WITHIN 6 FEET OF ALL FRONT LOT LINES AND WITHIN 4 FEET OF ALL SIDE LOT LINES OF SAID LAND. 17. LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES IN AN INSTRUMENT RECORDED JANUARY 3, 1997 AS INSTRUMENT NO. 19970002774 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN O1 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, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. NOTE 1: AN INSTRUMENT ENTITLED "DECLARATION OF ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA (COMMON AREA)" WAS RECORDED MAY 14, 1997 AS INSTRUMENT NO. 19970225771 OF OFFICIAL RECORDS, DECLARING THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS TO. BE EFFECTIVE AND APPLY TO AND BE BINDING UPON THE, LAND. NOTE IA: AFFECTS LOT B OF TRACT NO. 15034. NOTE 2: AN INSTRUMENT ENTITLED "DECLARATION OF ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA" WAS RECORDED JUNE 25, 1997 AS INSTRUMENT NO. 19970293650 OF OFFICIAL RECORDS, DECLARING THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS TO EE EFFECTIVE AND APPLY TO AND BE BINDING UPON THE LAND. PAGE 4 OR-9738712 TITLE OFFICER GOMEZ NOTE 2A: AFFECTS LOT 1, 24 AND 25 OF TRACT NO. 15034. 18. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JULY 16, .1997 AS INSTRUMENT NO. 19970335692 OF OFFICIAL RECORDS, IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY. FOR, PUBLIC UTILITIES AND INCIDENTAL PURPOSES.G, d OVER: THE FOLLOWING: BEGINNING AT THE MOST EASTERLY SOUTHEASTERLY CORNER OF SAID LOT B, SAID POINT ALSO BEING ON THE WESTERLY LINE OF PEPPERMILL LANE, AS SHOWN ON' SAID MAP; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT B, 182.00 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 10.00 FEET, TO A POINT DISTANT 5.00 FEET FROM THE NORTHEASTERLY LINE OF SAID LOT B, AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY PARALLEL TO SAID NORTHEASTERLY LINE OF LOT B, 18.00 FEET. 19. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "SCHOOL FACILITIES MITIGATION AGREEMENT", EXECUTED BY AND BETWEEN HUNTINGTON BEACH UNION SCHOOL DISTRICT AND PLC, A CALIFORNIA GENERAL PARTNERSHIP, RECORDED AUGUST 1, 1997 AS INSTRUMENT NO. 19970367888 OF OFFICIAL RECORDS. OR-9738712 TITLE OFFICER - GOMEZ DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CTl`Y OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS:14 Q Y! a 44 LOTS 1, 24,25 AND LETTERED LOT B, INCLUSIVE OF TRACT NO. 15034 AS SHOWN ON A MAP FII ED IN BOOK 740 PAGES 32 TO 35 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING FROM A PORTION OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY, AND FURTHER EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS OR OTHER WORKS INTO OR THROUGH SAID PROPERTY AND THE ADJOINING STREETS, ROADS OR HIGHWAYS BELOW A DEPTH OF 500 FEET AND TO PaODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS, OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING THE RIGHT TO PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS, THE RIGHTS HEREINABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR RESERVE ANY RIGHT TO THE SURFACE OF THE PROPERTY OR THE FIRST 500 FEET BELOW THE SURFACE OF THE PROPERTY OR TO CONDUCT ANY OPERATIONS THEREON OR THEREIN, AS RESERVED IN THE DEEDS FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 1990 AS 1.4STRUMENT NO. 90-577992 AND RECORDED JUNE 24, 1991 AS INSTRUMENT NO. 91-321437, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING FROM A PORTION OF SAID LAND, ANY AND ALL WATER RIGHTS OR INTERESTS THEREIN, TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNEDOR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE PROPERTY TOGETHER WITH THE RIGHT AND POWER TC EXPLORE, DRILL, REI?RILL, REMOVE AND STORE THE SAME FROM THE PROPERTY OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY, WHETHER SUCH WATER RIGHTS. SHALL BE RIPARIAN, OVERLYING, P PPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RIGHTS OR UPON THE UPPER THIRTY (30) FEET OF THE SUBSURFACE OF THE PROPERTY, AND ALSO WITHOUT ANY RIGHTS TO ENTER UPON THE SUBSURFACE THEREUNDER IN SUCH MANNER AS TO MATERIALLY IMPAIR THE SUPPORT OR STABILITY OF ANY STRUCTURES OR IMPROVEMENTS FROM TIME TO TIME LOCATED ON THE PROPERTY, AS RESERVED IN THE DEED FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION," RECORDED OCTOBER 31, 1990 AS INSTRUMENT NO. 90-577992 AND RECORDED JUNE 24, 1991 AS INSTRUMENT NO. 91-321437, BOTH OF OFFICIAL RECORDS. PAGd6 OR-9738712 TITLE OFFICER - GOMEZ sk***kykk WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON . YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIEN TATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP" DM PLATS (CC&R'S, IF ANY) ENCLOSED. NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: BANK OF AMERICA 1130 S. FIGUEROA STREET LOS ANGELES, CALIFORNIA A3A 121000358 ACCOUNT #12354-19952: CREDIT TO FIRST AMERICAN TITLE INSURANCE CO. OR-9738712 CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS TITLE OFFICER - RONALD . GOMEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT -- COPY WITH PLAT (AND CC&R, IF ANY) TO: WALDEN & ASSOCIATES 18012 COWAN, SUITE 210 IRVINE, CALIFORNIA 92714 A':TN: DAVE COUCH PAGE? OR-9738712 TITLE OFFICER - GOMEZ P 4 NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES ?HRT AHY TITLE` INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW ORSUB-ESCROW CAPACITY, WAITA SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS, THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAYBE DISBURSED THE NEXT DAYAFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. i a*• i A f i q, i t t f s NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 186,68 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNTEQUALTO't HREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: L A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE. OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYERMAY BECOME SUBJECT TO PENALTY FORFAILUBE TO WITHHOLD AN AMOUNTEQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL L.E REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLDIF, 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT TILE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, 'UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS, THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANTS, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT a ACT ON ANY STATEMENTS, MADE OR OMITTED BY TIE ESCROVi OR CLOSING OFFICER. PACE 8 G UARANTEE AME FirstA m erican Title Insurance Company 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 ,esuft 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 (c) (d) 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. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (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 anu without knowledge. " (e) "date': the effective date, , 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 Vie 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 ur.less the Company shall be prejudicedby.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;- dsuch action or proceeing. 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 estailish 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. (o) if the Lampany 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 uompany 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 bu vr,^ Company, an Assured, at the Company's ePc,'rse, shall give the Company all reason- able aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending t' action or lawful actwhich In the opinion of the Compaq";_, 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- nishedto 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 damag shall describe the matters covered by this Guaranteewhi,,h constitute the basis of loss or damage and shad 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 damagn, the Company's obligatiN, tosuch Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submitto exam- ination under oath by any authorized representative of the Company and shalt 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 U 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- nate.d as coo`idential 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 ether reasonably requested information or grant permission to secure. reasonably necessary information from third parties as required i (5 continued) ,., to the Assured shall not exceed the least of, in the above paragraph, unless prohibited by law (a) the amount of liability stated in Schedule A t governmental regulation, shall terminate any liability of in Part 2; the Company under this Guarantee to the Assured for (b) the amount of the unpaid principal indebted- that claim,ness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these6. Options to Pay or Otherwise Settle Claims:Conditions and Stipulations or as reduced under SectionTermination of Liability.9 of these Conuitions and Stipulations, at the time the In case of a claim under this Guarantee, the loss or damage assured against by this Guarantee Company shall have the following additional options:occurs, together with interest theron; or (a) To Pay or Tender Payment of the Amount of (c) the difference between the value of the estate Liability or to Purchase the Indebtedness.or interest covered hereby as stated herein and the value The Company shall have the option to pay or settle of the estate or interest subject to any defect, lien or or compromise for or In the name of the Assured anyencumbrance assured against by this Guarantee. claim which could result in loss to the Assured within S. Limitation of Liability.the coverage of this Guarantee, or to nay the full amount of this Guarantee or, if II" .,e Is issued for the (a) If the Company establishes the title, or benefit of a holder of isgc' e of a lienholder, the removes the alleged defect, lien or encumbrance, or Company shall have t to purchase the indebt-cures any other matter assured against by this edness secured by said mortgage or said lien for theGuarantee in a reasonably diligent manner by any amount owing thereon, together with any costs, reason-method, including litigation and the completion of any able attorneys' fees and expenses incurred by theappeals therefrom, it shall have fully performed its Assured claimant which were authorized by the obligations with respect to that matter and shall not be Company up to the time of purchase.liable for any loss or damage caused thereby. Such purchase, payment or tender of payment of (b) In the event of any litigation by the Company or the full amount of the Guarantoe shall terminate all lia-with the Company's consent, the Company shall have bility of the Company hereunder. In the event after no liability for loss or damage until there has been a final notice of claim has been given to the Company by the determination by a court of competent jurisdiction, and Assured the Company offers to purchase said indebted-disposition of all appeals therefrom, adverse to the title, ness, the owner of such indebtedness shall transfer and as stated herein. assign said Indebtedness, together with any collateral .(c) The Company shall not be liable for loss or security, to the Company upon payment of the purchase damage to any Assured for liability voluntarily assumed price. by the Assured in settling any claim or suit without the Upon the exercise by the Company of the option prior written consent of the Company, provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss 9. Reduction of Liability or Termination of or damage, other than to make the payment required In Liability. that paragraph, shall terminate, including any obligation All payments under this Guarantee, except pay- to continue the defense or prosecution of any litigationments made for costs, attorneys' fees and expenses for which the Company has exercised its options underpursuant to Paragraph 4 shall reduce the amount of Paragraph 4, and the Guarantee shall be surrendered toliability pro tanto, the Company for cancellation. (b) To Pay or Otherwise Settle With. Parties Other10. Payment of Loss. Than the Assured or With the Assured Claimant.(a) No payment shall be made without producing To pay or otherwise settle with other parties for or this Guarantee for endorsement of the payment unless11 in the name of an Assured claimant any claim assuredthe Guarantee has been lost or destroyed, in which case against under this Guarantee, together with any costs, proof of loss or destruction shall be furnished to the attorneys' fees and expenses incurred b,' the Assuredsatisfaction of the Company, claimant which were authorized by the Company up to (b) When liability and the extent of loss or damage the time of payment and which the Company is obligat-has ben definitely fixed in accordance with theseed to pay,Conditions and Stipulations, the loss or damage shall be Upon the exercise by the Company of the option payable within thirty (30) days thereafter, provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss11. Subrogation Upon Payment or Settlement. or damage, other than to make the payment required in Whenever the Company shall have settled and that paragraph, shall terminate, including any obligationpaid a claim under this Guarantee, all right of subroga-to continue the defense or prosecution of any litigation{ion shall vest In the Company unaffected by any act offor which the Company has exercised its options underthe Assured claimant,Paragraph 4.The Company shall be subrogated to and be 7. Determination and Extent of Liability.entitled to all rights and remedies which the Assured would have had, against any person or property in This Guarantee is a contract of Indemnity againstrespect to the claim had this Guarantee not been issued, actual monetary loss or damage sustained or incurredIf requested by the Company, the Assured shall transferby the Assured claimant who hes suffered loss or dam-to the Company all rights and remedies against any per- age by reason of reliance upon the assurances set forthson or property necessary in order to perfect this right in this Guarantee and only to the extent herein;tt subrogation. The Assured shall permit the Company described, and subjectto the Exclusions From Coverageto sue, compromise orsettle in the name of the Assured of This Guarantee,and to use the name of the Assured in any transaction The liability of the Company under this Guaranteeor litigation involving these rights or remedies. F 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 $1,060,000 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. t : 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 114 East Fifth Street, Santa Ana, California 92701. r titiLR3 t 1Ml5 AL4P WAS PREPARED FOR ORANGE CGLAVTY ASSESSOR DEPT. PURPOSES ONLY. TxE ASSESSOR MAKES NO GUARANTEE AS TO fq 0 H RAUSES. NOTUTOSBE REPRODUCED. ILL RIGHTS RESERVED. O COPYR,(GHT ORANGE COUNTY ASSESSOR 1997 P1YC`p16, •19 24TRACT23 ('?• 45' 1997 so. P05°t y ' r • m 1 S0. 10, B0 r00. N 6'S5•SS,.F• ?7'5a•y't d:CJ !09Iq -- 5. 5 b ! a;•9r. 2120 9 10 b 3 6•ZSO.Q. . LOT C °1 28 NC ! !Q J1 0S•B6. ^ ^ !J ' 0 $0. B9' 99 1 50 213 C 15034.°', Oq. rB TRACT NC. 15034 M. M. 740-32 TO 35 INC.NOTE - TH!S MP WAS PREPAREDFOR ORANGE COJ1k'`'N SESSORI Ei'I.PLRPr1C.",i YTF,v; .:..r,Ol CC iuA!'•;17L'tr'\(iffL'l AS O!T • J{ .°.U; !.l ES Ake JAS LTYro . :.I r 1 ._,;. "O NO jE RErRODuc IiU : Z!{.:.! 17ESt IV U COPYRIGHT ORANGE COUNTY ASSESSOR 1997 ASSESSOR'S BLOCK d PARCEL NUMBERS SHOWN IN CIRCLES ASSESSOR'S MAP BOOK 110 PAGE 41 COUNTY OF ORANGE 1" 1U0' PRIVATE STREET a t„ p, LOT B 27 j1 \ S.Sq 9 \Ar!1 0 X77 q9s' `9! Zn,srl,"/2219