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HomeMy WebLinkAboutLot Line Adjustment 03-10 - 715 Huntington Street - James D. Mail recorded copies to: CITY OF HUNTINGTON BEACH DEPARTMENT OF PLANNING 2000 Main Street Huntington Beach, CA 92648 space above reserved for County Recorder's use fee: $ 0 CITY OF HUNTINGTON BEACH ° LOT LINE ADJUSTMENT ° N . 0 3 `o RECORD OWNER(S): PARCEL 0214-197 -02 PARCEL NAME: ADDRESS: 0. L/0�5 rL/u yii�✓C'7��J Eg�J� rx DAYTIME 9Zl147 TELEPHONE: 7I4 -224-/0S - (IMe) hereby certify that: 1) (1 am/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) (IMe) 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: PAR D - %S2 PARCEL Signature Signature Name: N ES G�• �� /� Name: Signature Signature Name: Name: GAForms\Planning\LLA l CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT NO® 03 ® /o STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS,- DAY OF &PiO , 200.3, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Aj PERSONAL 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 HISIHER/THEI� AUTHORIZED CAPACTITIES1 THEINSTRUMENT THE PERSON(S), OR THE ENTITY ND THAT BY HIS/HER/THEIR SIGNATURE(S) O UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL MARTHA A. MORROW Comm.#1445701 ►� n "/"—�` Nolo FUSUC-CAUFORNIA Orange County My Comm.Explre�0 c1 .14,2007 NOTARY PUBLIC WON G:Forms\LLA Z 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT v D3 CONTACT PERSON: ADDRESS: /86� /lam/r11 .�T� �6,0 - i`-f yi✓ iUG ��t/ B A�f� 6.4 �z 9f DAYTIME TELEPHONE NO: (71:6) ��8✓ ¢� � This document consisting of pages was prepared by me or under my direction. Sip Li1�D SG�` L.S. 4683 DG'eq F6 By: j�O�AG� � .c��R— N0.4683 7D � 3 �.Dper MY REGISTRATION / LICENSE EXPIRES: EXAMINED AND APPROVED By: Robert F. Beardsley, R.C.E. 22876 Director of Public Works of the City of Huntington Beach My Registration 1 License Expires on 12131/05 DATED THIS DAY OF , 200_ 7DA_TE---FILE-D: ZONE: PLANNING DEPARTMENT ACTT®N DATE: G:Forms\LLA 3 o CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT NO. LEGAL DESCRIPTION Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: OZ 4- /92 'O Z BEING A PORTION OF LOTS 8, 9 AND THE NORTH 19 FEET OF LOT 7 IN BLOCK 702 , VISTA DEL MAR TRACT, KNOLL SECTION, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 4 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 : LOT 9 TOGETHER WITH THE NORTH 9. 50 FEET OF LOT 8 . PARCEL 2 : THE NORTH 19 FEET OF LOT 7 TOGETHER WITH LOT 8 . •EXCEPTING THEREFROM THE NORTH 9 . 50 FEET OF LOT 8 . SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. SUBJECT TO ALL EASEMENTS OF RECORD, . IF ANY . o NO.40 cn� Exp.Date �Q q�FOF CA1.�Fo�� � .s. 4G83 G:Forms\LLA CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT Oo Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: O. 6ZEA,w oz4 - /BZ-0Z P.4/,ZGEL 1 J.9 lYES D. 6 Lin/^/ D Z 4 - /8 2.-O Z PA RC EL 2 OND PREPfE REO DCIAI I'/-D G. LiftKCR o N0.4683 y /3 0 05 QF C �X. L07- T(7 /17q/N LLJ �c-;x• �xL/O40 7-0 /3E NF W5 RL A'Gt�r0/l1NFvJhIJ4- Lor eVS_E5 , 30 ' To 2EMA/N �q I ALz- 'X G:Forms\LLA s CITY OF HUNTINGTON BEACH d LINE ADJUSTMENT NO. o® LOT /® SITE PLAN Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: J•�MCS 0. 6Lelvly 024 - /82-02- /0,4Re-EL .t �/A/`I E s !�• GL.�N� OZ4 - �BZ-OZ �f►R�EL 2 LLL I N .p ' 6,i'- 07-1-GN a/=-kY A0,/u57"F-0 /-or uvc' kX) I I EX /sT. 57WVCT41RE I To a� r;�/7ovEA z OND G.6 F� NQ1ti839�� f9FF A9 r_'D 8Y 9/3 N91 Ev.Date 1 �� .00AIA 4-0 6. 6/f,K4E2 CO3C CAL�F�@ G:Forms\LLA 4 ®4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS DEVELOPMENT REVIEW REQUEST TO: ® Terri Elliott ® Geraldine Lucas, Environmental ® Lill Tom, Water ® Mando Brizuela, Senior Plan Ck ® Bill Janusz, Transportation ® Gail Pickart ® Chuck Davis, Park, Tree & Landscape ❑ Kris Winchak ® Todd Broussard, Design FROM: Jo Claudio Extension 5380 DATE: November 7, 2003 ENTITLEMENT: LLA 03-10 'A"clsi. `'° REQIIEST(S): -Merge 3 parcels intI. � JAW 2 2 Z004 LOCATION: 715 Huntington Street Please submit your,ro cerris and reC Inmended changes©r eon+dat�ons 14 writing can a COMMENTS: (Use attachments or backside of sheet if necessary) 471 /a T' ,G/,VAf- .�ZD tTl/✓�P'�i'�nl�'. Sv 6 r t 7 T.�� �s rP� /9 J'�>.+�,�?i 9/0 RESPONSE BY: � � � DATE: (Sant-) DRR Memo to Staff(Santos) November 25, 2003 ca� . a��, q�, 3 `"��`J tit/t'�ice. City of Huntington Beach OV26 ,_j Planning Department Attention: Rami Tellah Subject: LLA No. 03-10, Public Works Plan Check#1 Comments. (,-1. `�Provide Preliminary Title report for Ownership verification, and provide name of title company and title officer to be contacted when the Lot Line Adjustment is ready to record. �5 �2 Lot Line Adjustment Number must be shown at top of all sheets. C,3� Provide Parcel 1 and 2 closure calculations 4 j Revise the Legal Description as shown on Plan Check#1. 5 'Add Legend reference to Map sheet or indicate lines as noted. 6.,r'Provide the grant deeds for new adjusted parcels to review. The City must review and be sure that they will record after the Lot Line Adjustment. F; /7;'Please address all the plan check comments and resubmit revised Lot Line Adjustment along with the materials requested. 0rT 312003 Mail recorded copies to: CITY OF HUNTINGTON BEACH DEPARTMENT OF PLANNING 2000 Main Street Huntington Beach, CA 92648 space above reserved for county Recorder's use fee: $ o umpmqLCITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT REC_)RD_1yNER S : PARCEL O Z4-19?-v Z PARCEL D. 6Zj NAME: /� /A ADDRESS: 0 90K G �� DAYTIME TELEPHONE: (I/We) hereby certify that: 1) (I am/We are) the record owled a of and consent to the filing fof adjustment by this aor pplication: 2) (111Ne) have 9 application is this application: and 3) The information submitted in connection with this app ' true and correct: PAR D J PARCEL )4- Signature Signature Name: Name: ES ,�. �� ;�/ Signature Signature Name: Name: G AFo rm s\Planning\LLA STANDARD COVERAGE ISSUED BY POLICY OF TITLE INSURANCE lawyersTi elnsumnce COMA POLICY NUMBER COPY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the,estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land;and in addition,as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage,provided the ignment is shown in Schedule B,or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insu e assignee free and clear of all liens. The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the tit e r the lien of the insured mortgage,as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,LAWYERS TITLE INSURANCE COPORATIO has caused its orate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned a horized office or agent of the Company. YERS TITLE INSURANCE CORPORATION Attest: Secret fli •• .•No�P_= President EXC SIGNS FROM COVERAGE The following matters are expressly ex u ed from the o erage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1.(a)Any law,ordinance or governmental r u i (including but not limited to building or zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improve- ment now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. CLTA Standard Coverage Policy-1990 Valid only if Schedules A and B are attached Form 1183-12X COPY CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT 0 r_ STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF CX� , 2003, BEFORE ME, 1�-�-7 A' Ilk A NOTARY PUBLIC IN AND FOR SAID ATE, PERSONALLY APPEARED PERSONALLY KNOWN TO �EOR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) EpGSED TO ME )TFIAT IS/ARE hIE SHESTHEIBED Y EXECUTED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTITIES,INSTRUMENT THE PERSON(S�OR THE ENTITY ND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. , WITNESS MY HAND AND OFFICIAL SEAL Comm.A, MORROW Com #1445701 tipOM Oronge Counly My Comm.Expires Oct 14.2 07 '' NOTARY PUBLIC G:Forms\LLA 2— 0�� CITY OF HUNTINGTON BEACH LOT LINE�A®JUSTIVIENT N o CONTACT PERSON: __ c�/✓ i4 %«,/2_, e&,f ADDRESS: lcq�Oo &! /// 677, 5^6'/7-2-= /60 Ht'w7liy`G7 6/tl 9",614L, 64 ft>4d' DAYTIME TELEPHONE NO: L71�) 4%9--4 9,5-1 This document consisting of pages was prepared by me or under my direction. 4,APID S�j9G L.S. By: D oN41-D NO.4683 7D MY REGISTRATION / LICENSE EXPIRES: .30 2PO3' Pao.,. OF Cg1.�F0 EXAMINED AND APPROVED By: Robert F. Beardsley, I .C.E. 22876 Director of Public Works of the City of Huntington Beach My Registration / License Expires on 12/31/05 DATED THIS DAY OF , 200_ DATE FILED: ZONE: PLANNING DEPARTMENT ACTION DATE: G:Forms1LLA 3 CITY OF HUNTINGTON BEACH a LOT LINE A®JUSTIVIEW No LEGAL DESCRIPTION 5XIOE17- "A ' Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: JA/`1E5 D. 64,8VAI Oz 4 - /*Z -0 Z CEG. ! ,/,�(�! s D. 646V 02 - ieZ -oz c L 2 Tr*9ff- c,Q&T4-WfS - LOTS 8, 9 'AND THE NORTH 19 FEET OF LOT 7 IN BLOCK 102 , VISTA DEL MAR TRACT-, KNOLL SECTION,_ IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 4 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 : LOT 9 TOGETHER WITH THE NORTH 9 . 50 FEET OF LOT 8,aSAB= PARCEL 2 : THE NORTH 19 FEET OF LOT 7 TOGETHER WITH LOT 8 EXCEPTING THEREFROM THE NORTH 9. 50 FEET OF LOT. 8 GFs-ZM-3D- �B-L�C�7o=2 SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. SUBJECT TO ALL EASEMENTS OF RECORD, IF ANY. �� l.$N®,�'G9G NO 40MO3 z .6. 4693 CAI���� G:Forms\LLA ¢- T � 00 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT A a/77' .15 Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: ,DAMES D. 6Z.--A d 0Z4 - /82-02- ,oq,Q Z- Z 1> 6G,fiYA1 O Z44 - /g z.-0 2 I ,t'A QC EL 2 �p LAN N0.4683 q OP. ���3o r �two�°� � 3 a , r w ;� L0T G/NES R,er1oVc-0 p� ' ►� 40' 3 A LLEE-Y ' No G:FormslLLA s o�� CITY OF HUNTINGTON BEACH e LOT LINE ADJUSTMENT SITE PLAN Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: J�EMC5 D. cSLEIVAI 024 - 182-OZ fARGLL t J,Q�`/ES G'• G1-ZNA1 d Z4 - /gL -0 Z pf+RcE`- 2 ALLL-.1V �0 ►�7/ ti �5 g II IZs 57,4�VCTURe Z To Er(ocry,0 LAU s�9 �► 7fr ® Ha 40 � � P2F F'ARrD BY F®F CA1.��®� L,5 . 46$3 G:Forms\LLA CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. a claim adverse to the title or interest as insured,but only as to those stated causes of action The following terms when used in this policy mean: alleging it defect,lien or encumbrance or othermatter insured against by this policy.The Company (a) "insured":the insured named in Schedule A,and,subject to any rights or defenses the shall have the right to select counsel of its choice(subject to the right of such insured to object Company would have had against the named insured,those who succeed to the interest of the for reasonable cause)to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel.The Company will not pay any fees, named insured by operation of law as distinguished from purchase including,but not limited costs or expenses incurred by an insured in the defense of those causes of action which allege to,heirs,dtstributees,devisees,survivors,personal representatives,next of kin,or corporate or matters not insured against by this policy. fiduciary successors.The term"insured"also includes (i)the owner of the indebtedness secured by the insured mortgage and each successor (b) The Company shall have the right,at its own cost,to institute and prosecute any in ownership of the indebtedness except it successor who is an obligor under the provisions of action or proceeding or to do any other act which in its opinion may be necessary or desirable Section 12(c)of these Conditions and Stipulations(reserving,however,all rights and defenses to establish the title to the estate or interest or the lien of the insured mortgage,as insured,or to as to any successor that the Company would have had against any predecessor insured,unless prevent or reduce loss or damage to an insured.The Company may take any appropriate action the successor acquired the indebtedness as a purchaser for value without knowledge of the under the terms of this policy,whether or not it shall be liable hereunder,and shall not thereby concede liability or waive any provision of this policy.If the Company shall exercise its rights asserted defect,lien,encumbrance,adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); under this paragraph,it shall do so diligently. (it)any governmental agency or governmental instrumentality which is an insurer or (c) Whenever the Company shall have brought an action or interposed a defense as guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness required or permitted by the provisions of this policy,the Company may pursue any litigation secured by the insured mortgage,or any part thereof,whether named as an insured herein or to final determination by a court of competent jurisdiction and expressly reserves the right,in not; its sole discretion,to appeal from any adverse judgment or order. (iii)the parties designated in Section 2(a)of these Conditions and Stipulations. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding,an insured shall secure to the Company the right to (b) "insured claimant":an insured claiming loss or damage. so prosecute or provide defense in the action or proceeding,and all appeals therein,and permit (c) "insured lender":the owner of an insured mortgage. the Company to use,at its option,the name of such insured for this purpose.Whenever requested (d) "insured mortgage":a mortgage shown in Schedule B,the owner of which is named by the Company,an insured,at the Company's expense,shall give the Company all reasonable as an insured in Schedule A. aid(i)in any action or proceeding,securing evidence,obtaining witnesses,prosecuting or (e) "knowledge"or"known":actual knowledge,not constructive knowledge or notice defending the action or proceeding,or effecting settlement,and(it)in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the which may be imputed to an insured by reason of the public records as defined in this policy or estate or interest or the lien of the insured mortgage,as insured.If the Company is prejudiced any other records which Impart constructive notice of matters affecting the land. by the failure of an insured to furnish the required cooperation,the Company's obligations to (t) "land":the land described or referred to in Schedule A,and improvements affixed such insured under the policy shall terminate,including any liability or obligation to defend, thereto which by law constitute read property.The term"land"does not include any property prosecute or continue any litigation, with regard to the matter or matters requiring such beyond the lines of the area described or referred to in Schedule A,nor any right,title,interest, cooperation. estate or easement in abutting streets,roads,avenues,alleys.lanes,ways or waterways,but 5. PROOF OF LOSS OR DAMAGE. nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy In addition to and after the notices required under Section 3 of these Conditions and (g) "mortgage":mortgage_deed of trust,trust deed,or other security instrument Stipulations have been provided the Company,a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured (h) "public records":records established under state statutes at Date of Policy for the claimant shall ascertain the facts giving rise to the loss or damage.The proof of loss or damage purpose of imparting constructive nonce of matters relating to real property to purchasers for shall describe the defect in,or lien or encumbrance on the title,or other matter insured against value and without knowledge by this policy which constitutes the basis of loss or damage and shall state,to the extent possible, (i) "unmarketability of the title" an alleged or apparent matter affecting the title to the the basis of calculating the amount of the loss or damage.If the Company is prejudiced by the land,not excluded or excepted from coverage,which would entitle a purchaser of the estate or failure of an insured claimant to provide the required proof of loss or damage,the Company's interest described in Schedule A of the insured mortgage to be released from the obligation to obligations to such insured under the policy shall terminate,including any liability or obligation purchase by virtue of a contractual condition requiring the delivery of marketable title. to defend,prosecute,or continue any litigation,with regard to the matter or matters requiring 2. CONTINUATION OF INSURANCE. such proof of loss or damage. (a) After Acquisition of Title by Insured Lender.If this policy insures the owner of In addition,an insured claimant may reasonably be required to submit to examination under the indebtedness secured by the insured mortgage,the coverage of this policy shall continue in oath by tin authorized representative of the Company and shall produce for examination, force as of Date of Policy in favor of(i)such insured lender who acquires all or any part of the inspection and copying,at such reasonable times and places as may be designated by any estate or interest in the land by foreclosure,trustee's sale,conveyance in lieu of foreclosure,or authorized representative of the Company,all records,books,ledgers,checks,correspondence other legal manner which discharges the lien of the insured mortgage;(it)a transferee of the and memoranda,whether bearing a date before or after Date of Policy,which reasonably pertain estate or interest so acquired from an insured corporation,provided the transferee is the parent to the loss or damage.Further,if requested by any authorized representative of the Company, or wholly-owned subsidiary of the insured corporation,and their corporate successors by the insured claimant shall grant its permssion,in writing,for any authorized representative operation of law and not by purchase,subject to any rights or defenses the Company may have of the Company to examine, inspect and copy all records, books, ledgers, checks, against any predecessor insureds; and (iii) any governmental agency or governmental correspondence and memoranda in the custody or control of a third party,which reasonably instrumentality which acquires all or any part of the estate or interest pursuant to it contract of pertain to the loss or damage.All information designated as confidential by the insured claimant insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. provided to the Company pursuant to this Section shall not be disclosed to others unless,in (b) After Conveyance of Title by an Insured.The coverage of th s policy shall continue the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath,produce other reasonably in force as of Date of Policy in favor of an insured only so long as the insured retains an estate requested information or grant permission to secure reasonably necessary information from or interest in the land,or holds an indebtedness secured by it purchase money mortgage given third parties as required in the above paragraph,unless prohibited by law or governmental by a purchaser from the insured,or only so long as the insured shall have Lability by reason of regulation,shall terminate any liability of the Company under this policy as to that insured covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. for that claim. This policy shall not continue in force in favor of any purchaser from an insured of ether(i)an 6 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF estate or interest in the land,or(i)an indebtedness secured by a .purchase money mortgage LIABILITY. given to an insured. (c) Amount of Insurance.The Amount of insurance after the acquisition or after the In case of it claim under this policy, the Company shall have the following additional conveyance by an insured lender shall in nether event exceed the least of: options: (i)The amount of insurance stated in Schedule A, (a)To Pay or Tender Payment of the Amount of Insurance or to Purchase the (ii)The amount of the principal of the indebtedness secured by the insured mortgage Indebtedness. as of Date of Policy,interest thereon,expenses of foreclosure,amounts advanced pursuant to (i) to pay or tender payment of the amount of insurance under this policy together the insured mortgage to assure compliance with laws or to protect the fien of the insured mortgage' with any costs, attorneys'fees and expenses incurred by the'insured claimant,which were prior to the time of acquisition of the estate or interest in the land and secured thereby and authorized by the Company,up to the time of payment or tender of payment and which the reasonable amounts expended to prevent deterioration of improvements,but reduced by the Company is obligated to pay;or amounts of all payments made;or (it) in case loss or damage is claimed under this policy by the owner of the (in)The amount paid by any governmental agency or governmental instrumentality, indebtedness secured by the insured mortgage,to purchase the indebtedness secured by the if the agency or the instrumentality is the insured claimant,in the acquisition of the estate or insured mortgage for the amount owing thereon together with any costs,attorneys'fees and interest in satisfaction of its insurance contract or guaranty. expenses incurred by the insured claimant which were authorized by the Company up to the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided,the owner of the An insured shall notify the Company promptly in writing(i)in case of any litigation as set forth indebtedness shall transfer,assign,and convey the indebtedness and the insured mortgage, in 4(a)below,(it)in case knowledge shall come to an insured hereunder of any claim of title or together with any collateral security,to the Company upon payment therefor. interest which is adverse to the title to the estate or interest or the hen of the insured mortgage, as insured,and which might cause loss or damage for which the Company may be liable by Upon the exercise by the Company of the option provided for in paragraph a(i),all liability virtue of this policy,or(iii)if title to the estate or interest or the lien of the insured mortgage,as and obligations to the insured under this policy,other than to make the payment required in insured,is rejected as unmarketable.If prompt notice shall not be given to the Company,then that paragraph,shall terminate,including any Liability or obligation to defend,prosecute,or as to that insured all liability of the Company shall terminate with regard to the matter or continue any litigation,and the policy shall be surrendered to the Company for cancellation. matters for which prompt notice is required;provided,however,that failure to notify the Company Upon the exercise by the Company of the option provided for in paragraph a(ii) the shall in no case prejudice the rights of any insured under this policy unless the Company shall Company's obligation to an insured lender under this policy for the claimed loss or damage, be prejudiced by the failure and then only to the extent of the prejudice other than the payment required to be made,shall terminate,including any hability or obligation 4. DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSURED CLAIMANT to defend,prosecute or continue any litigation. TO COOPERATE. (b)To Pay or Otherwise Settle With Parties Other than the Insured or With the (a) Upon written request by an insured and subject to the options contained in Section 6 Insured Claimant. of these Conditions and Stipulations,the Company,at its own cost and without unreasonable (i) to pay or otherwise settle with other parties for or in the name of an insured claimant delay,shall provide for the defense of such insured in litigation in which any third party asserts .my claim insured against under this policy,together with any costs,attorneys' fees and continued on next page of'cover sheet \ ' ' ' J"�� �����k^�� Lawyers a Title POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation SCHEDULE A ` Policy/File No: 05300465 Amount ofInsurance: Premium: $3~380.0U0 Date of Policy: �w�L��, 20Q3 at 11:13 a.m. 1. Name ofInsured: James D. Glenn 2. The estate or interest in the land described herein and which is covered by this policy is: A^ FEE 3. The estate or interest referred to herein isatthe Date of Policy vested in: James D. Glenn, a single man 4. The land referred to in this Policy is situated in the County of Orange, State of California and is more particularly described in Exhibit^A^attached hereto and made a part hereof. ' oA Authorized [LTA Standard Owners Coverage -19Q0 ' Page File No.: 05300465 EXHIBIT `"A" All that certain real property situated in the County of Orange, State of California described as follows: Lots 8 and 9 and the North 19 feet of Lot 7 in Block 702, Vista Del March Tract Knoll Section of Huntington Beach, City of Huntington Beach, County. of Orange, State of California, as shown on a map recorded in Book 4, Page 4 of Miscellaneous Maps, records of said Orange County. Assessor's Parcel Number: 024-182-02 CLTA Standard Owners Coverage -1990 Page 2 f File No.: 05300465 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or 'assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. END OF SCHEDULE B - PART I CLTA Standard Owners Coverage -1990 Page 3 y 0 File No.: 05300465 SCHEDULE B PART II A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. C.- Special Taxes as disclosed by a "Notice of Special Tax Lien",pursuant to Government Code Section 53328.3 and Streets and Highways Code Section 3114.5, if any, or pending Special Taxes evidenced by the inclusion of said land within the boundaries of a Mello-Roos (or other) Community Facilities District as disclosed by a district map or diagram, if any appearing in the public records. Said Special Taxes may be collected with the property taxes. 1. Water rights, claims or title to water, whether or not shown by the public records. END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INORMATION NECESSARY TO COMPLETE THIS TRANSACTION, CLTA Standard Owners Coverage -1990 Page 4. File No.: 05300465 SCHEDULE B - PART II Continued END-OF SCHEDULE B - PART II Endorsements: None CLTA Standard Owners Coverage -1990 Page 5 "This plat is for your aid in locating your land with reference to streets or other parcels.While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon". MLandAmerica Lawyers Title MIS W MAS PREPARED FDR MANDE 024—1 8 r&NrY ASSESSW DEPT. RMOSES LNR Y. 7X ASSESSOR AGAKES A@ GOARANlEE AS rD IrS ACCI9UCY AG4 AS9AE3 ANY LIABILITY FDR on"USES. Atli TO BE AEPRM"D. ATS LL IRPED LCPY� T A cDfANTr ASS£SS04 1001 - ~�-z-- r' 21 � L � � 22 1RiVr�MGTLW r Slum �,. Is.• rr rr Is.• 1 ti• i, m �, e 2S 8 4 4F 1I 3 ?9 8 6 1 2 e v I u T B al{ t,J{2 1 t al 1 e s 4of AJ 0 FYn • } IL N mso•Y- LJ — _SL — —� 4 3 _n A— 1 —n' --�-B—Li 7LR—f� IB 34 �n- . O s — �✓ =� i w tV ,� ~ i 33 15 a — a - Ile lrA H 2 2 32 2 •, In a 35 5vzar 1°Y 5 �. 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COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANC-V9WN IN ciRCL.ES couNrY of GRANGE u a s try 'T; v tW O 71 �nsura1nce G raff'on A WORD OF THANKS ..... A LANDAMERICA COMPANY As we make your policy a part of our permanent records,we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium. STANDARD COVERAGE This policy provides valuable title protection and POLICY OF TITLE we suggest you keep it in a safe place where it INSURANCE199® will be readily available for future reference. - If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Insurance prp®rati®n A LANDAMERICA COMPANY P.O. Box 27567 Richmond, Virginia 23261-7567 ISSUED By TOLL FREE NUMBER: 1-800-446-7086 lawyers itleInsurance&Rgpgtt9p HOME OFFICE: 101 Gateway Centre Parkway,Gateway One Richmond,Virginia 23235-5153 a r CONDITIONS AND STIPULATIONS-CONTINUED expenses incurred by the insured claimant which were authorized by the Company up to the 11. PAYMENT OF LOSS. time of payment and which the Company is obligated to pay:or (a) No payment shall be made without producing this policy for endorsement of the pay- (it) to pay or otherwise settle with the insured claimant the loss or damage provided ment unless the policy has been lost or destroyed,in which case proof of loss or destruction for under this policy,together with any costs,attorneys'fees and expenses incurred by the shall be furnished to the satisfaction of the Company insured claimant which were authorized by the Company up to the time of payment and which (b)When liability and the extent of loss or damage has been definitely fixed in accordance the Company is obligated to pay. with these Conditions and Stipulations,the loss or damage shall be payable within 30 days Upon the exercise by the Company of either of the options provided for in paragraphs thereafter b(i)or(ii),the Company's obligations to the insured under this policy for the claimed loss or 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. damage,other than the payments required to be made,shall terminate,including any liability (a)The Company's Right of Subrogation. or obligation to defend,prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY. Whenever the Company shall have settled and paid a claim under this policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. This policy is a contract of indemnity against actual monetary loss or damage sustained The Company shall be subrogated to and be entitled to all rights and remedies which the or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. insured claimant would have had against any person or property in respect to the claim had this policy not been issued.If requested by the Company,the insured claimant shall transfer to the (a) The liability of the Company under this policy to an insured lender shall not exceed Company all rights and remedies against any person or property necessary in order to perfect the least of: this right of subrogation.The insured claimant shall permit the Company to sue,compromise (i) the Amount of Insurance stated in Schedule A, or,if applicable, the amount of or settle in the name of the insured claimant and to use the name of the insured claimant in any insurance as defined in Section 2(c)of these Conditions and Stipulations; transaction or litigation involving these rights or remedies. (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage If a payment on account of a claim does not fully cover the loss of the insured claimant,the as limited or provided under Section 8 of these Conditions and Stipulations or as reduced Company shall be subrogated(i)as to an insured owner, to all rights and remedies in the under Section 9 of these Conditions and Stipulations,at the time of loss or damage insured proportion which the Company's payment bears to the whole amount of the loss;and(ii)as to against by this policy occurs,together with interest thereon,or an insured lender,to all rights and remedies of the insured claimant after the insured claimant (iii) the difference between the value of the insured estate or interest as insured and shall have recovered its principal,interest,and costs of collection. the value of the insured estate or interest subject to the defect,lien or encumbrance insured If loss should result from any act of the insured claimant,as stated above,that act shall not against by this policy. void this policy,but the Company,in that event,shall be required to pity only that part of any (b)In the event the insured lender has acquired the estate or interest in the manner losses insured against by this policy which shall exceed the amount,if any,lost to the Company described in Section 2(a)of these Conditions and Stipulations or has conveyed the title.then by reason of the impairment by the insured claimant of the Company's right of subrogation. the liability of the Company shall continue as set forth in Section 7(a)of these Conditions (b)The Insured's Rights and Limitations. and Stipulations. Notwithstanding the foregoing,the owner of the indebtedness secured by an insured mort- (c) The liability of the Company under this policy to an insured owner of the estate or gage,provided the priority of the lien of the insured mortgage or its enforceability is not af- interest in the land described in Schedule A shall not exceed the least of fected,may release or substitute the personal liability of any debtor or guarantor,or extend or (i) the Amount of Insurance stated in Schedule A,or, otherwise modify the terms of payment,or release it portion of the estate or interest from the (ii) the difference between the value of the insured estate or interest as insured and lien of the insured mortgage,or release any collateral security for the indebtedness, the value of the insured estate or interest subject to the defect,lien or encumbrance insured When the permitted acts of the insured claimant occur and the insured has knowledge of against by this policy any claim of title or interest adverse to the title to the estate or interest or the priority or enforce- abi lity of the lien of an insured mortgage,as insured-the Company shall be required to pay only (d)The Company will pay only those costs, attorneys'fees and expenses incurred in that part of any losses insured against by this policy which shall exceed the amount,if any,lost accordance with Section 4 of these Conditions and Stipulations to the Company b reason of the impairment b the insured claimant of the Company's ri ht of P� Y Y P� Yg 8. LIMITATION OF LIABILITY. subrogation (a) If the Company establishes the title,or removes the alleged defect,lien or encmmbrance, (c) The Company's Rights Against Non-insured Obligors. or cures the lack of it right of access to or from the land,or cures the claim of umnarketability The Company's right of subrogation against non-insured obligors shall exist and shall in- of title,or otherwise establishes the lien of the insured mortgage,all as insured,in a reasonably clude,without limitation,the rights of the insured to indemnities,guarantees,other policies of diligent manner by any method, including litigation and the completion of any appeals insurance or bonds,notwithstanding any terms or conditions contained in those instruments therefrom,it shall have fully performed its obligations with respect to that matter and shall which provide for subrogation rights by reason of this policy. not be liable for any loss of damage caused thereby. The Company's right of subrogation shall not be avoided by acquisition of an insured (b) In the event of any litigation, including litigation by the Company or with the mortgage by an obligor(except an obligor described in Section I(a)(ii)ofthese Conditions and Company's consent, the Company shall have no liability for the loss or damage until there Stipulations)who acquires the insured mortgage as a result of an indemnity,guarantee,other has been it final determination by it court of competent Jurisdiction, and disposition of all policy of insurance,or bond and the obligor will not be an insured under this policy,notwith- appeals therefrom,adverse to the title,or,if applicable,to the lien of the insured mortgage, standing Section 1(a)(i)of these Conditions and Stipulations. as insured. (c) The Company shall not be liable for loss or damage to any insured for liability 13. ARBITRATION. voluntarily assumed by the insured in settling any claim or suit without the prior written consent Unless prohibited by applicable Jaw,either the Company or the insured may demand arbi- of the Company. tration pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Associa- tion.Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the insured arising out of or relating to this policy,any service of the Com- subsequent to Date of Policy except for advances made to protect the lien of the insured party in connection with its issuance or the breach of it policy provision or other obligation.All mortgage and secured thereby and reasonable amounts expended to prevent deterioration of ;arbitrable matters when the Amount of Insurance is$1,000,000 or less shall be arbitrated at the improvements;or(it)construction loan advances made subsequent to Date of Policy,except option of either the Company or the insured.All arbitrable matters when the Amount of Insur- construction loan advances made subsequent to Date of Policy for the purpose of financing ante is in excess of S1.000,000 shall be arbitrated only when agreed to by both the Company in whole or in part the construction of an improvement to the land which at Date of Policy ,and the insured.Arbitration pursuant to this policy and under the Rules in effect on the date the were secured by the insured mortgage and which the insured was and continued to be obligated demand for arbitration is made or,at the option of the insured,the Rules in effect at Date of to advance at and after Date of Policy Policy shall be binding upon the parties The award may include attorneys'fees only if the laws 9. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF of the state in which the land is located permit it court to award attorneys'fees to a prevailing LIABILITY. party Judgment upon the award rendered by the Arbitrator(s)may be entered in any court (a) All payments under this policy,except payments made for costs,attorneys'fees and having Jurisdiction thereof expenses,shall reduce the amount of the insurance pro tanto However,as to an insured lender, The law of the situs of the land shall apply to an arbitration under the Title Insurance any payments made prior to the acquisition of title to the estate or interest as provided in Arbitration Rules Section 2(a)of these Conditions and Stipulations shall not reduce pro Canto the amount of A copy of the Rules may be obtained from the Company upon request insurance afforded under this policy as to any such insured,except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. 14. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. (b)Payment in part by any person of the principal of the indebtedness, or any other (a) This policy together with all endorsements,if any,attached hereto by the Company is obligation secured by the insured mortgage,or any voluntary partial satisfaction or release of the enure policy and contract between the insured and the Company.In interpreting any provi- the insured mortgage,to the extent of the payment,satisfaction or release,shall reduce the sions of this policy,this policy shall be construed as it whole. amount of insurance pro tanto. The amount of insurance may thereafter be increased by (b)Any claim of loss or damage,whether or not based on negligence,and which anses out accruing interest and advances made to protect the lien of the insured mortgage and secured of the status of the title to the estate or interest covered hereby or by any action asserting such thereby,with interest thereon,provided in no event shall the amount of insurance be greater claim,shall be restricted to this policy. than the Amount of Insurance stated in Schedule A. (c) No amendment of or endorsement to this policy can be made except by it writing en- (c) Payment in full by any person or the voluntary satisfaction or release of the insured dorsed hereon or attached hereto signed by either the President,a Vice President,the.Secretary, mortgage shall terminate all Lability of the Company to an insured lender except as provided an Assistant Secretary,or validating officer or authorized signatory of the Company. in Section 2(a)of these Conditions and Stipulations. 15. SEVERABILITY. 10. LIABILITY NONCUMULATIVE. In the event any provision of the policy is held invalid or unenforceable under applicable It is expressly understood that the amount of insurance under this policy shall be reduced law,the policy shall be deemed not to include that provision and all other provisions shall by any amount the Company may pay under any policy insuring it mortgage to which exception remain in full force and effect. is taken in Schedule B or to which the insured has agreed,assumed,or taken subject,or which 16. NOTICES WHERE SENT. is hereafter executed by an insured and which is it charge or hen on the estate or interest All notices required to be given the Company and an statement in writing required to be described or referred to in Schedule A,and the amount so paid shall be deemed a payment q g P' y' Y g 9 furnished the Company shall include the number of this policy and shall be addressed to: under this policy to the insured owner. Consumer Affairs Department,PO.Box 27567,Richmond,Virginia 23261-7567. The provisions of this Section shall not apply to an insured lender,unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. B 1183-12X