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HomeMy WebLinkAbout20190225_ApplicationPA2.01q -03~ Community Development Department Planning Permit Application CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach , California 92660 949 644-3200 newportbeachca .gov/communitydevelopment 1. Check Permits Requested: 02, / 2-16 / 2D1 q D Approval-in-Concept -AIC # I Lot Merger -~ Coastal Development Permit D Limited Term Permit - / ""o Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -D Major D Minor ~ Lot Line Adjustment D Parcel Map D Staff Approval D Tract Map D Traffic Study D Use Permit -OMinor 0Conditional D Amendment to existing Use Permit D Variance D Amendment -DCode OPC OGP DLCP D Other: 2. Project Address(e_ s)/Assessor_'s Parcel No(s) 1610 E BalboaM. / APN : 048-231-42 & Portion of 048-231-33 -Parcel 1 / APN: 048-231-17 & Portion of 048-231-33 -Parcel 2. -·1 '-------~¥JL~\f_:_D.w:._ ______________________________ __J 3. Project Description and Justification (Attach additional sheets if necessary): Lot Line Adjustment of Lots 17 , 18 and 19 of Block 25 of East Side Addition to the Balboa Tract, recorded in Book 4 , Page 20 , M.M. 4 A I. t/C N j Forkert Engineering & Surveying, Inc. I . pp 1can ompa~n..,:.y __ am_e ________________ _ Mailing Address 122311 Brookhurst St. J Suite/Unit 1203 I City I Hunti~~~~-~-------------------J State lcA =1 Zip ~~------j Phone 1714 963-6793 Ext. 244 I Fax _ __, Email l tomd@forkertengineering .com . I _ ___ =i Suite/Unit l.--2-03 ______ J State lcA ] Zip j92646 --~j ] Fax .--------1 Email j tomd@forkertengineering.com I 5 C t tic N !Thomas E. Decker . on ac ompany ame .,___ ____ _ M .1• Add 122311 Brookhurst St. a1 mg ress __ _ C ·t I Huntington Beach I y -- Phone 1714 963-6793 Ext. 244 0 N I Elizabeth Segerstrom J 6. wner ame __ ----------------·----- Mailing Address G~:.~~~~-~~~_:: ___________________________________ J Suite/Un it ~--·-------------· City j Newport Beach . State _l c_A ______ ~I Zip ]92661 Phone 1949 675-9870 ] Fax ___ =i Email - ----·--------" 7 . Property Owner's Affidavit*: (I) (We) !Elizabeth s __ e_g_e _rs_tr_om ____________________ ___, depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application . (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submi d re in all respects tru nd correct to the best of (my) (our) knowledge and belief. ] Date alFf )J, I iJ ~D/MO/YEAR Signature(s): _ ___.,.,,__ ____________ Title: .-------~~~----_-] Date: __ ] *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application . Please note , the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized . F:\Use rs\CDD\Shared \A dmin\Planning_Divis io n\Applications\Application_Guidelin es\Planning Permit Appli cation -CDP added .do cx Re v: 01 /24117 PA2019-036 \\cnb.lcl\data\Users\CDD\Shared\Admin\Planning_Division\Applications\Office Use Only.docx Updated 08/15/17 FOR OFFICE USE ONLY\ Date Filed: _______________________ 2700-5000 Acct. APN No: __________________________ Deposit Acct. No. ________________________ Council District No.: _________________ For Deposit Account: General Plan Designation: ____________ Fee Pd: _______________________________________ Zoning District: _____________________ Receipt No: ____________________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ APPLICATION Approved Denied Tabled: _________________________ ACTION DATE Planning Commission Meeting Zoning Administrator Hearing Community Development Director Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________ Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 2/25/2019 048 231 42 / 048 231 33 / 048 231 17 1 RS-D R-1 Balboa Peninsula Point PA2019-036 1) 048 231 42 - 1610 E. Balboa Blvd; 2) 048 231 33 - 1612 E. Balboa Blvd; 3) 048 231 17 - 1614 E. Balboa Blvd. D2019-0106 CD2019-010 & LM2019-001 PA2019-036 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californ~ ) County of V'ree fl<('.e-) ,_,. 1 ? ,":;c, A me!<~ rJ-en -~ <-hJ?tP.!1. )Uc:,ht-yh.),,c On Va11uc1 ~0 , ~ I' before me, er o.i , ate Here Insert Name and Title of the Officer personally appeared t:../2 b~t. .(.~ Seqe1r.J..., ;/r-01rYr ...r Name(~of Signer(* who proved to me on the basis of satisfactory evidence to be the p~on~ whose name(BJ([s)are' subscribed to the within instrument and acknowle~d to me that ~t.Aefy executed the same in j)ts/~tl)eir authorized capacityµes), and that by J;l+S~t!J,eir signature..(sJon the instrument the person.(.s), or the entity upon behalf of which the personkB") acted, executed the instrument. r a a t a a a 1,.1.U 1"l/J\A4Ei a C -· Ca1111'9111ton # 1119364 I i -Notary Pulllic • California I I Orl!!lltCouftly ~ . l'J·Comm . -j61S, 20 19 J ·····~ ... . ... Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 'D; "' r/} J /, h Title or Type of Document: r fttf?l7 rn ~ re vrn, J-_,?"'rft1 ;·ca ,· ··ov, Document Date: \fat.v'/(,{ a""? I~ k I q .., Number of Pages: 5 _____ _ Signer(s) Other Than Named Above: _-4-IV~c~a~t-lv-~v_-.Si~!'J--,......_c;u,~r_· ~> ___________ _ Capacity(ies) Claimed by Signer(sJ. . Signer's Name: k/z 6 ~ ;~f (( ~r2:p~·J--s/-rovrl D Corporate Officer -Title(s): ______ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General ~ Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2015 National Notary Association • www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PA2019-036 OWNERS ELIZABETH SEGERSTROM ELIZABETH SEGERSTROM PARCEL 1: EXHIBIT "A" CITY OF NEWPORT BEACH LOTMERGER NO. LM 2018- (LEGAL DESCRIPTION) EXISTING PARCELS A.P. NUMBER 048-231-42 & POR. OF 048-231-33 048-231-17 & POR. OF 048-231-33 PROPOSED PARCELS REFERENCE NUMBERS PARCEL 1 PARCEL 2 BEING ALL OF LOT 17 AND A PORTION OF LOT 18 IN BLOCK 25 OF EAST SIDE ADDITION TO THE BALBOA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 17, THENCE NORTH oo·oo'oo" EAST A DISTANCE OF 90.00 FEET; THENCE NORTH go·oo·oo" EAST A DISTANCE OF 60.00 FEET; THENCE SOUTH oo·oo·oo" WEST A DISTANCE OF 45.00 FEET; THENCE SOUTH 90·00·00" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH oo·oo·oo" WEST A DISTANCE OF 45.00 FEET; THENCE SOUTH go·oo·oo" WEST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING . CONTAINS: 0.09 ACRES 4,050 SQUARE FEET. PARCEL 2: BEING ALL OF LOT 19 AND A PORTION OF LOT 18 IN BLOCK 25 OF EAST SIDE ADDITION TO THE BALBOA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19, THENCE NORTH oo·oo·oo" EAST A DISTANCE OF 90.00 FEET; THENCE SOUTH 90·00·00" WEST A DISTANCE OF 40.00 FEET; THENCE SOUTH oo·oo·oo" WEST A DISTANCE OF 45.00 FEET; THENCE SOUTH go·oo·oo" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH oo·oo·oo" WEST A DISTANCE OF 45.00 FEET; THENCE NORTH 90·00·00" EAST A DISTANCE OF 60.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 0.09 ACRES 4,050 SQUARE FEET. Exp. 9-30-19 PREPARED BY: EXPIRES 9-30-19 DA TE: 1 - 7 -1 9 PA2019-036 OWNERS EXHIBIT "B" CITY OF NEWPORT BEACH LOTMERGER NO. LM 2018- (MAP) EXISTING PARCELS PROPOSED PARCELS A.P. NUMBER REFERENCE NUMBERS ELIZABETH SEGERSTROM 048-231-42 & POR. OF 048-231-33 PARCEL 1 ELIZABETH SEGERSTROM 048-231-17 & POR. OF 048-231-33 PARCEL 2 l I I BASIS OF BEARINGS LEGEND SURVEY LINE LOT LINES TO REMOVE PROPOSED PARCEL LINE CENTERLINE THE BASIS OF BEARINGS SHOWN HEREON BEING THE SURVEY LINE ON BALBOA BOULEVARD BEING N90"00'00"E. FOUND MANHOLE WITH 4-3' L&T TIES STAMPED "LS 4653" IN CONC. PER CR 2015-1924. SCALE: 1" = 40' 0 0 0 0, w a 0 0 0 0 b 0 z ALLi::y N90"00~0"E i.n -N90"00'06nE 60.00' I I I I I I I I I PARCEL 1 EAST SIDE ADDITION TO THE BALBOA TRACT M.M. 4/20 0.093 ACRE(GROSS) I LOT17 I LOT18 I N90"00'00"E 40.00' I I I I I I I I 0 N w g. . 0 oo PL{) 0...-t 0 z LOT18 I I I I I I I I I I I I I I I I I I I I I N90"00'00"E 10.00' I I I LOT19 I I PARCEL 2 EAST SIDE ADDITION TO THE BALBOA TRACT M.M. 4/20 0.093 ACRE(GROSS) I I I I I I N90"00'00"E 60.00' 0 0 0 0, w a 0 0 0 0 b 0 z N90"00'00"E 75.00' ___ _Ji V-----SURVEY LINE-------- BASIS OF BEARING N90'00'00"E -:::J75.00' r--- FOUND L&T STAMPED "LS 4653" N90"00'00"E 330.00' FLUSH ON CONCRETE PER BALBOA BOULEVARD CORNER RECORD 2016-1668. FOUND MANHOLE WITH 4-3' L&T TIES STAMPED "LS 5411" FLUSH PER CORNER RECORD 2016-1668 0 0 I{') I- I ;: UJ l I I w UJ b 0::: p I- ~ (I) 0- 0 z PA2019-036 OWNERS ELIZABETH SEGERSTROM ELIZABETH SEGERSTROM LEGEND - - - - -SURVEY LINE ---------LOT LINES TO REMOVE PROPOSED PARCEL LINE CENTERLINE EXHIBIT "C" CITY OF NEWPORT BEACH LOTMERGER NO. LM 2018- (SITE PLAN) EXISTING PARCELS A.P. NUMBER 048-231-42 & POR. OF 048-231-33 048-231-17 & POR. OF 048-231-33 PROPOSED PARCELS REFERENCE NUMBERS PARCEL 1 PARCEL 2 BASIS OF BEARINGS SCALE: 1" = 40' THE BASIS OF BEARINGS SHOWN HEREON BEING THE SURVEY LINE ON BALBOA BOULEVARD BEING N90"00'00"E. I 1--~---------A_LL_EY I I-I Ll.J Ll.J 0:: I-C/) I I l I I I PARCEL 1 EAST SIDE ADDITION 0 THE BALBOA TRAC M.M. 4/20 0.093 ACRE(GROSS) LOT17 (CONC) (GRASS) LOT19 PARCEL 2 EAST SIDE ADDITION TO THE BALBOA TRACT M.M. 4/20 0.093 ACRE(GROSS) : (DIRT) EXIST. WALL I (BRICK) Imm •SL td!J I- I Ll.J Ll.J 0:: I- I (/) l I I __ L ___ ~,---------{CONC} -------~r __ L __ r SURVEY LINE r BALBOA BOULEVARD PA2019-036 CONDITION OF TITLE Guarantee Number: Issued By: @. CHICAGO TITLE INSURANCE COMPANY 58601807879 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Company 16969 Von Karman Ave Suite 150 Irvine, CA 92606 Countersigned By: Authorized Officer or Agent Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page 1 Chicago Title Insurance Company By: Attest: President Secretary Printed: 10.29.18 @ 01 :53 PM CA-CT-FWK0-02180.055860-SPS-1-18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY $7,500.00 :IS$UING pF!=ICE :. Title Officer: John F Allen Chicago Title Company 16969 Von Karman Ave Suite 150 Irvine, CA 92606 Phone : (949)263-6961 Fax: (949)263-0872 Main Phone : (949)263-6800 Email : ChicagoAllen@ctt.com SCHEDULE A ·Eee $500.00 Date of Guarantee: October 19, 2018 at 07:30 AM 1. Name of Assured: Lender Name 2. The estate or interest in the Land which is covered by this Guarantee is : Fee 3. The Land referred to in this Guarantee is described as follows : SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in : GUARANTEE NO. 58601807879 John F Allen 1610 East Balboa Partners LLC, a California Limited Liability Company, as to Parcels 1 and 2 Henry T. Segerstrom and Renee Segerstrom , husband and wife as community property, as to Parcel 3 Subject to item 17 of Schedule B b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Condition of T itle Guarantee CL TA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE A Page 2 Printed : 10 .29 .18@01 :53 PM CA-C T-FWK0-02180 . 055860-S P S-1-18-58601807879 PA2019-036 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 048-231-33 1 048-231-42 and 048-231-43 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 16 IN BLOCK 25 OF EAST SIDE ADDITION TO THE BALBOA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4 , PAGE 20 OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOT 17 IN BLOCK 25 OF EAST SIDE ADDITION TO THE BALBOA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE , STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4 , PAGE 20 OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: LOT 18 IN BLOCK 25 OF EAST SIDE ADDITION TO THE BALBOA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4 , PAGE 20 OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Condition of Title Guarantee Cl TA Guarantee Form No . 28 (06/05/2014) Page 3 Printed : 10.29 .18@01 :53 PM CA-C T-FWK0-02180. 055860-S P S-1 -18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 58601807879 SCHEDULE B 1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No .: Fiscal Year : 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Code Area: Affects: Parcel 2 048-231-42 2018-2019 $17 ,595.67, open $1,759.56 (Due after December 10) $17,595.67, open $1,782 .56 (Due after April 10) 07-001 2. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No .: Fiscal Year: 1st Installment: Penalty : Delinquent: 2nd Installment: Penalty : Delinquent: Code Area : Supplemental Bill No.: Affects: Parcel 2 048-231-42 2018 $7,577 .74 , open $757 .77 December 10, 2018 $7,577.74, open $780.77 April 10, 2019 07-001 0100 3. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No .: Fiscal Year: 1st Installment: Penalty : 2nd Installment: Penalty and Cost: Code Area : Affects : Parcel 1 Cond ition of Title Guarantee CL TA Guarantee Form No . 28 (06/05/2014) 048-231-43 2018-2019 $17,595 .67 , open $1,759.56 (Due after December 10) $17,595.67 , open $1 ,782.56 (Due after April 10) 07-001 Page 4 Printed: 10 .29 .18@01 :53 PM CA-C T-FWK0 -02180 . 055860-SP S-1 -18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 58601807879 4 . Supplemental taxes, including any personal property taxes and any assessments collected with taxes , assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No .: Fiscal Year: 1st Installment: Penalty : Delinquent: 2nd Installment: Penalty : Delinquent: Code Area: Supplemental Bill No.: Affects : Parcel 1 048-231-43 2018 $7,577.74, open $757 .77 December 10, 2018 $7,577 .74 , open $780.77 April 10 , 2019 07-001 0100 5. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No .: Fiscal Year: 1st Installment: Penalty : 2nd Installment: Penalty and Cost: Code Area: Affects: Parcel 3 048-231-33 2018-2019 $2,306 .65 , open $230.66 (Due after December 10) $2,306 .65 , open $253.66 (Due after April 10) 07-001 6 . Water rights, claims or title to water, whether or not disclosed by the public records . 7 . Covenants, conditions and restrictions but omitting any covenants or restrictions, if any , including but not limited to those based upon race, color, relig ion, sex , sexual orientation , familial status, marital status, disabil ity, handicap , national origin, citizenship, immigration status , primary language, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date : December 5, 1912 Recording No : Book 153 1 Page 21 t of Deeds . 8. Matters contained in that certain document Entitled: Dated : Executed by : Recording Date: Recording No .: Encroachment Agreement July 30, 2001 City of Newport Beach and Henry T. Segerstrom August 13, 2001 2001-556949, Official Records Reference is hereby made to said document for full particulars . Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 5 Printed : 10.29 .18 @ 01 :53 PM CA-CT-FWK0-02180 .055860-SPS-1-18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY Affects: Parcel 3 SCHEDULE 8 (continued) GUARANTEE NO. 58601807879 9. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. 10. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 11. Any easements not disclosed by the Public Records as to matters affecting title to real property, whether or not said easements are visible and apparent. 12. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page6 Printed: 10.29.18 @ 01 :53 PM CA-CT-FWK0-02180.055860-SPS-1-18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 58601807879 13. Information has been provided to the Company which discloses that a work of improvement is contemplated, in progress or recently completed. To assist the Company in determining if it can give the priority coverage contained within the policy contemplated by this report, please provide the following: a) Current Financial Statement and/or Current Loan Application. b) Project Cost Breakdown. c) Completed Loss of Priority Questionnaire. (This form furnished by the Company.) d) A fully executed Indemnity Agreement. (This form furnished by the Company.) e) If work has commenced prior to the recordation of the Construction Deed of Trust, there will be further requirements and the closing of the transaction could be delayed. f) Copy of current appraisal g) Copy of loan agreement and disbursement schedules h) Name of Fund Control/Disbursement Agent Work may include, among other things, any preparation of the site for the planned construction, delivery of construction materials or equipment andany labor furnished. The Company reserves the right to add additional items and/or make further requirements after review of the requested documentation. 14. Prior to the close of escrow and the insurance of an AL TA Coverage Policy, an inspection of the property will be required. 15. This transaction requires high liability approval prior to close of escrow together with an inspection of the subject property. Please advise title department with an estimated date that your transaction will close so we can schedule the necessary approvals and inspections. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page 7 Printed: 10.29.18 @ 01 :53 PM CA-CT-FWK0-02180.055860-SPS-1-18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 58601807879 16. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 17 . Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Ba nc se rv or oth er approved third -party se rvic e . If th e above requirement cannot be met, please call the Company at the number provided in this report . Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE B Page 8 Printed : 10 .29 .18 @01 :53 PM CA-CT-FWK0-02180 055860-SPS-1-18 -58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 58601807879 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, 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. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (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. GUARANTEE CONDITIONS 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 Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, 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, 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": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate 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 the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED 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 Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A 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 liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent 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 provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the 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 the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to 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. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page 9 Printed: 10.29.18 @ 01 :53 PM CA-CT-FWK0-02180.055860-SPS-1-18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 58601807879 ( continued) 5. PROOF OF LOSS OR DAMAGE (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company 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 designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page 10 Printed: 10.29.18 @ 01 :53 PM CA-CT-FWK0-02180.055860-SPS-1-18-58601807879 PA2019-036 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 58601807879 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. 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 to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) 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 Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. 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. 13. SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW; FORUM (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) END OF CONDITIONS Page 11 Printed: 10.29.18@ 01:53 PM CA-CT-FWK0-02180.055860-SPS-1-18-58601807879 PA2019-036 ~;t. (1) rt, !?.~ (1)12. ;} "O cii' 2. 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