HomeMy WebLinkAboutC-5106(A) - Settlement Agreement for Acquisition of Real Property interests and Joint Escrow Instructions (Jamboree Road Improvements - Bristol Street North to Fairchild RoadL) ORIGINAL
AP,N: 445-132-11 (Bates Johnson Building, LTD)
TITLE REPORT NO: Orange Coast Title, Order # 1029788-32
r� PROJECT: Jamboree Road Improvements — Bristol Street North to Fairchild Road
SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(� INTERESTS AND JOINT ESCROW INSTRUCTIONS
This SETTLEMENTAGREEMENT FOR ACQUISITION OF REAL PROr TY I TERESTS
ry AND OINT SCR W INSTRUCTIONS ("Agreement") is entered into t day of
r• , 2012 by and between the City of Newport Beach, a Municipal
Corporation (hereinafter called "Buyer"),and Bates Johnson Building, Ltd, a California Limited
Partnership (hereinafter called "Seller") for acquisition by Buyer of certain real property and interests
in real property hereinafter set forth.
RECITALS
WHEREAS, Buyer desires to acquire certain easements and all of Seller's rights, interests
and title in and to a portion of Seller's real property for the Jamboree Road Improvements — Bristol
Street North to Fairchild Road Project ("Project"). The real property interests to be acquired herein
are more particularly described in the following attached Exhibits:
Easement Deed (for street, sidewalk, and other right-of-way purposes) with legal
description and plat map attached, and Certificate of Acceptance, which shall be in
the form of Exhibit 1 attached hereto and incorporated by reference herein (the
"Easement Deed"); and
Temporary Construction Easement (for construction purposes) with legal description
and plat map attached, and Certificate of Acceptance, which shall be in the form of
Exhibit 2 attached hereto and incorporated by reference herein (the "Temporary
Construction Easement"); and
WHEREAS, Seller desires to sell to Buyer the above described real property interests; and
WHEREAS, Buyer has established an amount believed to be just compensation for such
property interests and has advised Seller of the basis for its determination of just compensation; and
WHEREAS, Seller has accepted Buyer's offer as fair and just compensation for such
property interests and acknowledges such compensation is no less than fair market value; and
WHEREAS, Seller acknowledges and agrees that Buyer only intends to proceed with this
acquisition of Seller's Property and the Project if Buyer is able to simultaneously acquire those
portions of Assessor Parcel Numbers 445-132-09 and 445-132-18 necessary to complete the
Project; and
WHEREAS, the Easement Deed and the Temporary Construction Easement conveying such
property interests have been executed and delivered to Orange Coast Title Company, which has
agreed to act as Escrow Agent pursuant to this Agreement for the benefit of both Buyer and Seller.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT
AND LEGAL SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE FOREGOING
RECITALS ARE HEREBY INCORPORATED IN THIS AGREEMENT BY REFERENCE AND IT IS
MUTUALLY FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. AGREEMENT TO SELLAND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees
to purchase from Seller, upon the terms and for the consideration set forth in this Agreement
(hereinafter called "Agreement'), all that certain real property and easements (hereinafter
collectively 'Property ") situated in the City of Irvine, County of Orange, State of California,
and legally described as follows:
SEE EXHIBIT 1 AND EXHIBIT 2 ATTACHED HERETO
AND BY THIS REFERENCE MADE APART HEREOF
2. PURCHASE PRICE. The total purchase price of the Property, which includes the value of
the land and improvements thereon and compensation for the Temporary Construction
Easement described in Section 3.2, payable in cash through escrow, shall be the sum of
One Hundred Fifty -Six Thousand Dollars ($156,000.00) (the `Purchase Price ").
3. CONVEYANCE OF TITLE.
3.1. Seller agrees to convey to Buyer at the close of escrow hereunder by the Easement
Deed in the form of Exhibit 1, certain real property interests to the real property
described therein, free and clear of all recorded and unrecorded liens,
encumbrances, assessments, easements, leases, and taxes EXCEPT:
a. Non - delinquent real property taxes and assessments for the fiscal year in which this
transaction closes which shall be cleared and paid by Buyer in the manner required
by Sections 4986 and 5082.1 of the Revenue and Taxation Code, if unpaid at the
close of this transaction.
Buyer and Seller agree that any real property taxes and assessments for the
Property for the fiscal year in which this transaction closes shall be prorated between
Buyer and Seller as of the date of close of escrow hereunder pursuant to a written
proration statement provided to Escrow Agent and approved by Buyer and Seller in
writing. In addition, Buyer and Seller further agree regarding real property taxes and
assessments with respect to the Property as follows: Any unpaid real property taxes
and assessments attributable to the period prior to the close of escrow hereunder
shall be paid by Seller as and when due, and any refund of such real property taxes
and assessments attributable to the period prior to the close of escrow hereunder
that have been paid by Seller, if any, shall be refunded to Seller. In addition, any
non - delinquent real property taxes and assessments attributable to the period on
and after the close of escrow hereunder shall be cleared and paid by Buyer in the
manner required by Sections 4986 and 5082.1 of the Revenue and Taxation Code
as provided above; provided however, that any refund of such real property taxes
and assessments attributable to the period on or after the close of escrow hereunder
that have been paid by Seller, if any, shall be refunded to Seller, and any refund of
such real property taxes and assessments attributable to the period on or after the
close of escrow hereunder that have been paid by Buyer, if any, shall be refunded to
Buyer.
b. Quasi - public utility; public alley, public street easements, and rights of way of record
(except rights in any such items conveyed under this Agreement).
c. ALL of the items shown as exceptions to title in the above referenced preliminary title
report issued by Orange Coast Title Company dated March 1, 2012, a copy of which
is attached hereto as Exhibit 3 and incorporated by reference herein (the
"Preliminary Report"), except that, as part of satisfying the conditions to the close of
escrow set forth in Section 5 below, items 17, 22 and 23 shown in the Preliminary
M
Report relating to Seller's existing financing shall be removed from the Property that
is described in the Easement Deed attached as Exhibit 1.
3.2. Seller further agrees to convey to Buyer at the close of escrow hereunder by the
Temporary Construction Easement in the form of Exhibit 2, certain real property
interests in, on, over and above the portion of the Seller's Property depicted on the
attached Exhibit 2 and incorporated herein by this reference.
4. TITLE INSURANCE POLICY. EscrowAgent shall, following the recording of the Easement
Deed attached hereto as Exhibit 1 and the Temporary Construction Easement attached
hereto as Exhibit 2, provide the Buyer with a CLTA Standard Coverage Policy of Title
Insurance in the amount of $156,000.00 issued by Orange Coast Title Company showing the
title to the real property identified in Exhibit 1 vested in Buyer, subject only tp the exceptions
set forth in Section 3.1 of thisAgreement and the printed exceptions and stipulations in such
policy. Buyer agrees to pay the premium charged for such policy.
5. ESCROW. Buyer and Seller agree to open an escrow in accordance with this Agreement
with Orange Coast Title Company ( "Escrow Agent "). Buyer and Seller acknowledge and
agree that Buyer will also be entering into separate escrows pursuant to the separate
agreements between (a) Buyer and CIP Centerpointe 1236 LLC, a Delaware limited liability
company, (b) Buyer and First California Bank, a California banking corporation, and (c)
Buyer and Centerpointe Owners Association, a California corporation, for the acquisition of
all of the other property necessary to complete the Project and these separate escrows will
also be entered into with Escrow Agent. This Agreement constitutes the joint escrow
instructions of Buyer and Seller to the EscrowAgent, and EscrowAgent is hereby authorized
and instructed to act under this Agreement. The parties acknowledge and agree that the
escrow under this Agreement shall close concurrently with the escrows under each of the
other agreements mentioned above so that the Buyer is able to acquire all the property set
forth in this Agreement and in the other agreements mentioned above that is necessary to
complete the Project. The parties acknowledge and agree that the escrow under this
Agreement shall not close if Buyer is unable to acquire those portions of Assessor Parcel
Numbers 445- 132 -09 and 445 - 132 -18 necessary to complete the Project. If for any reason
whatsoever the escrow under this Agreement is unable to close due to the foregoing, then
neither Seller nor Buyer shall be in default hereunder.
Prior to the close of escrow hereunder, as a condition for the benefit of each of Buyer and
Seller, the trustee(s) and beneficiary(ies) with respect to Seller's existing financing for the
Property shall (i) give its written consent to the transactions contemplated hereunder,
including the recording of the Easement Deed and the Temporary Construction Easement,
and (ii) deliver a partial reconveyance of such Lender's deed of trust and such Lender's
other recorded financing documents with respect to the Propertyto be conveyed to Buyer by
the Easement Deed attached hereto as Exhibit 1. If the parties are unable for any reason
whatsoever to satisfy the condition set forth in this paragraph, then neither Seller nor Buyer
shall be in default hereunder.
The parties hereto agree to perform all acts reasonably necessary to close this escrow in the
shortest possible time; provided, however, that the escrow shall close not later than May 31,
2012, unless the parties mutually agree otherwise in writing.
Seller shall execute and deliver the Easement Deed and the Temporary Construction
Easement to Escrow Agent concurrently with execution and delivery of this Agreement by
Buyer and Seller. After opening of escrow, Buyer will deposit the executed Certificate of
Acceptance for each of the Easement Deed and the Temporary Construction Easementwith
EscrowAgent. Buyer agrees to deposit the Purchase Price upon demand of EscrowAgent
on or before the close of escrow hereunder, togetherwith all otherfunds required from Buyer
Won-4
hereunder. Buyer and Seller agree to deposit with Escrow Agent any additional instruments
as may be reasonably necessary to complete this transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall be
made by check from such account or by wire transfer pursuant to the written instructions of
the party to whom or for whose benefit such disbursement is made.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
Upon the close of escrow hereunder:
a. Pay and charge Seller, but only upon Seller's priorwritten approval, for any amount
necessary to place title in the condition necessary to satisfy Section 3 of
this Agreement;
b. Pay and deduct from the Purchase Price, any amount necessary to satisfy any
delinquent real property taxes or assessments, together with penalties and interest
thereon, provided, however, that any non - delinquent real property taxes and
assessments shall be ,prorated and paid as provided in Section 3.1.a of this
Agreement;
c. Pay and charge Buyer for all reasonable fees incurred in this transaction including
payment of reconveyance fees and forwarding fees for partial orfull reconvenances
of deeds of trust or release or mortgage by Buyer;
d. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Section 7 of this Agreement; and
e. Disburse the funds comprising the Purchase Price to Seller, subject to any
deduction(s) authorized by this Agreement, by wire transfer pursuant to Seller's
written instructions and record the Easement Deed and the Temporary Construction
Easement upon the close of escrow when the conditions of this escrow have been
fulfilled by Buyer and Seller. In no event will the funds comprising the Purchase
Price to be disbursed to Seller at the close of escrow be reduced except upon
Seller's prior written approval of an estimated closing statement showing each
specific item to be paid from Seller's funds with Seller's prior written approval.
The term "close of escrow ", if and where written in these instructions, shall mean the date
the Easement Deed and the Temporary Construction Easement recorded in the Office of the
County Recorder for the County of Orange, State of California, and the funds comprising the
Purchase Price, subject to any deduction(s) authorized by this Agreement, have been
disbursed to Seller by wire transfer pursuant to Seller's written instructions. Recordation of
instruments delivered through this escrow is authorized if necessary or proper in the
issuance of the policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended
by mutual agreement of the parties hereto. Any amendment of, or supplement to, any
instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS
SOON AS POSSIBLE; provided, however, that the escrow shall close not later than May 31,
2012, unless Buyer and Seller mutually agree otherwise in writing.
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7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all of Buyer's and Seller's
and Escrow Agent's reasonable fees, charges, and costs which arise in this escrow.
8. FULLAND COMPLETE SETTLEMENT Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement of any and
all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically
including, but not limited to, any and all damage to Seller's remainder property by reason of
the acquisition of the Property or the installation of the improvement Project in the manner
proposed, the value of improvements pertaining to the realty, leasehold improvements, any
and all claims of rental or leasehold value and loss of business goodwill, any claim of Seller
for relocation benefits or assistance, and any and all other claims that Seller may have,
whether or specifically mentioned here, relating directly or indirectly to the acquisition by
Buyer of the Property. Seller and Buyer, and each and all of their individual collective agents
representatives, attorneys, principals, predecessors, successors, assigns, administrators,
executors, heirs, and beneficiaries, hereby release the other party, and each of them, from
any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating tojust compensation,
damages, which any of them now have, or might hereafter have by reason of any matter or
thing arising out or in any way relating to Buyer's acquisition of the Property interests
described herein.
9. CONSTRUCTION CONTRACTAND CURATIVE WORKAND OTHER CONSIDERATION.
a. It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Section 2 hereinabove, the Buyer, its contractors or assigns,
shall perform the following construction contract items at the time of the installation
of the proposed Project:
i. Construct both retaining and planter walls at the intersection of MacArthur
Blvd. and Jamboree Rd. in accordance with City's construction drawing
number R- 5998 -S.
b. It is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this Agreement, the right of possession and use of the subject Property by the
Buyer, shall only commence on the date of the close of escrow hereunder and that
the amounts referred to in Section 2 and Section 10 herein includes, but is not
limited to, full payment for such possession and use, including damages to the
subject Property, if any, from said date.
c. All work done under this Agreement by Buyer shall conform to all applicable building,
fire and sanitary laws, ordinances, and regulations relating to such work, and shall
be done in a good and workmanlike manner, fully paid for and lien free, at Buyer's
sole cost and expense. All structures, improvements or other facilities, when
removed, and relocated, or reconstructed by the Buyer, shall be left in as good
condition as found.
d. Buyer agrees to indemnify and hold harmless Seller from any liability arising out of
Buyer operations under this Agreement. Buyer further agrees to assume
responsibility for any damages proximately caused by reason of Buyer operations
under this Agreement and Buyer will, at its option, either repair or pay for such
damage.
10. PERMISSION TO ENTER ON PREMISES. It is understood and agreed that for Project
planning and funding purposes the Seller hereby grants to Buyer and authorized agents or
contractors, from and afterthe close of escrow hereunder, the right of possession and use of
P41 M�Z �
the area described in Exhibit 1 and Exhibit 2 attached hereto to perform the work described
in Section 9.a. However, said right of possession and use shall not be exercised prior to the
Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written notice to perform the
construction items listed in Section 9.a above.
The right to use the Property shall continue in effect for a period of three (3) months. Said
use shall begin from the date, after the close of escrow hereunder, that Buyer, or Buyer's
agent, provides Seller with a 48 -hour prior written notice. All efforts shall be made to
complete the described work within such three (3) month period of time; provided, however,
that extraordinary circumstances may occur which may require additional time to complete
the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual
use extend beyond the three (3) month time period delineated above, and the occurrence is
verified through the contractor or City inspection logs, the Buyer agrees to pay to Seller for
such additional use of the Property beyond the three (3) months time period at the rate of
$39.39 per calendar day, for each additional day until the actual date of Buyer's termination
of use.
It is further understood that in no event shall the Buyer's use of the Property extend beyond
the earlier of either (i) the termination of the Temporary Construction Easement in
accordance with its terms, or (ii) the date construction of the Project is completed.
11. RENTAL AND LEASEHOLD INTEREST. Seller warrants that Seller has no knowledge of
any third parties in possession of any portion of the Property as lessees, tenants at
sufferance, trespassers, or invitees, and that there are no oral or written recorded or
unrecorded leases or other agreements concerning all or any portion of the Property
exceeding a period of one month. Seller further agrees to hold Buyer harmless and
reimburse Buyer for any and all of its losses and expenses occasioned by reason of any
lease of any portion of the Property held by any tenant of Seller for a period exceeding one
month.
12. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and /or covenants to Buyer that:
a. To Seller's actual knowledge, there are no actions, suits, material claims, legal
proceedings, or any other proceedings affecting the Property or any portion thereof,
at law, or in equity before any court or governmental agency, domestic or foreign.
b. Other than as listed in the Preliminary Report, to the best of Seller's knowledge,
there are no encroachments onto the Property by improvements on any adjoining
property, nor do any buildings or improvements encroach on other properties.
c. Until the closing of the escrow hereunder, Seller shall not do anything which would
impair Seller's title to any of the Property.
d. Subject to the satisfaction of the conditions set forth in Section 5 above, to the
Seller's actual knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which the Property may be bound.
e. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations this Section 12 not to be true as of
closing, immediately give written notice of such fact or condition to Buyer.
13. HAZARDOUS WASTE. Seller does not have actual knowledge of, or reasonable cause to
believe that, there exists any release of hazardous substances, as defined in California
Health and Safety Code section 25316, on the Property that would require notice from Seller
to Buyer pursuant to California Health and Safety Code Section 25359.7.
14. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
15. CONTINGENCY. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein. The execution of these documents and the
delivery of same to Escrow Agent constitute such acceptance and approval.
16. NO BROKERS. Buyer and Seller each represents to the other that no brokers have been
involved in this transaction. Buyer and Seller agree to indemnify one another against any
claim, suits, damages and costs incurred or resulting from the claims of any person for any
fee or remuneration due in connection with this transaction pursuant to a written agreement
made with said claimant.
17. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to the jurisdiction of
the California Courts with venue in Orange County.
18. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or
under the Escrow without the consent of Seller provided, however, that such assignment
shall not release Buyer from its obligations hereunder.
19. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
20. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
supersedes all prior agreements and understandings, whether oral or written, between the
parties with respect to the matters contained in this Agreement. Any waiver, modification,
consent or acquiescence with respect to any provision of this Agreement shall be set forth in
writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any
party of any breach hereunder shall be deemed a waiver of any otheror subsequent breach.
[The remainder of this page intentionally left blank.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
Mailing address of Seller:
19742 MacArthur Blvd., Suite 240
Irvine, CA 92612-2446
Mailing Address of Buyer:
PO Box 1768
Newport Beach, CA 92658-8915
APPROVED AS TO FORM:
City Attorney's O%/,
By:
Aarn . Harp,
City ttorney
Mailing Address of Escrow Agent:
'jo® ® 2�
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SELLER:
Bates Johnson Building, LTD a California
Limited Partnership
Name:. .ale- 'T. 4 At.scv 31-2-31 S -
Title:
BUYER:
The City of Newport Beach, a Municipal
Corporation
AlLIM
IE61 IU:
B:
ei i I. Brown, CitxClerk �E oRT
CONSENT OF ESCROW AGENT: u
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By its signature hereto, the undersigned
Escrow Agent agrees with each of Buyer and
Seller to act in accordance with all of the terms
and conditions of the foregoing Agreement
that are applicable to the Escrow Agent.
ESCROW AGENT:
ORANGE COAST TITLE COMPANY
By: _
Name: Irene Genders _
Title: AVP
EXHIBIT 1
EASEMENT DEED WITH LEGAL
DESCRIPTION AND PLAT MAP
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuantto Government Code Section 6103 Pursuant to RST Code § 11922
(Space above this line for Recorder's use)
EASEMENT DEED
Orange County Assessor's Parcel Number: 445 -132 -11 (Portion)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bates Johnson Building, Ltd, a California Limited Partnership
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, a Municipal Corporation
an easement for public STREET AND UTILITY purposes and all other uses appurtenant
thereto in, on, over, under, and through the real property in the City of Irvine, County of
Orange, State of California described on Exhibit "A" and shown on Exhibit "B ", which
exhibits are attached hereto and by reference made a part hereof (the "Property ").
SUBJECT TO:
1. General and special taxes and assessments for the current fiscal tax year; and
2. All covenants, conditions, restrictions, reservations, rights, rights -of -way and
easements recorded against the Property, and all other matters of record.
[Continued on next page.]
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement Deed to be
executed as of this day of 12012.
Bates Johnson Building, Ltd,
a California Limited Partnership
By:
Name:
ETHrM.M�fVLVVLri
State of California
County of Orange
On , before me,
(insert name and title of the officer) Notary Public, personally appeared
, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(Seal)
EXHIBIT `A'
RIGHT -OF -WAY ACQUISITION
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 107,
PAGES 10 THROUGH 11 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF JAMBOREE BOULEVARD AND
MACARTHUR BOULEVARD AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF JAMBOREE BOULEVARD NORTH 40 °38'23° EAST,
220.09 FEET;
THENCE LEAVING SAID CENTERLINE OF JAMBOREE BOULEVARD SOUTH 49 021'37'
EAST, 60.00 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 2, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 SOUTH 49 °21'37" EAST, 14.00
FEET TO THE BEGINNING OF A LINE THAT IS PARALLEL WITH AND 74.00 FEET
SOUTHEASTERLY OF SAID CENTERLINE OF JAMBOREE BOULEVARD;
THENCE LEAVING SAID WESTERLY LINE ALONG SAID PARALLEL LINE NORTH 40 038'23°
EAST, 139.91 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WITH
A RADIUS OF 2557.00 FEET;
THENCE LEAVING SAID PARALLEL LINE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 01 015'48" AN ARC LENGTH OF 56.37 FEET TO THE EAST LINE OF SAID
PARCEL2;
THENCE ALONG SAID EAST LINE NORTH 49 021'37' WEST, 13.38 FEET TO THE
NORTHERLY MOST CORNER OF SAID PARCEL 2;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 40 °38'23" WEST,
196.28 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINS AN AREA OF 2,736 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT'B' ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
VALD 129
PAGE 1 OF 2
EXHIBIT 'A'
RIGHT -OF -WAY ACQUISITION
LEGAL DESCRIPTION
THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED
THIsQf6 DAY OF JUNE, 2011.
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VALD 129
PAGE 2 OF 2
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VALD 129
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EXHIBIT 'B'
EXHIBIT
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REVISION DATE:
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IRVINE, CA 92618
COUNTY OF ORANGE, STATE OF CALIFORNIA
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Figure Name: VALD 129
North: 2186953.19 East: 60 7125 6. 10
Course: S 40 -38 -23 W Distance: 196.28
North: 2186804.25 East: 6071128.26
Course: S 49 -21 -37 E Distance: 14.00
North.: 2186795.13 East: 6071138.88
Course: N 40 -38 -23 E Distance: 139.91
North: 2186901.30 East: 6071230.01
Arc Length: 56.37 Radius: 2557.00 Delta: 1 -15 -48
Tangent. 28.19 Chord: 56.37 Ch Course: N 40 -00 -29 E
Course In: N 49 -21 -37 W Out: S 50 -37 -25 E
Ctr North: 2188566.67 East: 6069289.70
End North: 2186944.48 East: 6071266.25
Course: N 49 -21 -37 W Distance: 13.38
North: 2186953.19 East: 6071256.10
Perimeter. 419.94
Area: 2736.24 0.06 acres
Mathematical Closure - (Uses Survey Units)
Error of Closure: 0.000 Course: S 90 -00 -00 E
Precision. 1: 419943142.79
I OF 1
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by the Easement Deed dated from Bates Johnson Building,
Ltd, a California Limite arttiership to the City of Newport Beach, a municipal corporation
is hereby accepted on i L (O , 2012, by the undersigned officer on behalf of the
City of Newport Beach pursuant to authority conferred by Resolution No. 92 -82 of the City
Council adopted on July 27, 1992. The City consents to the recordation of said document
in the Officer of the Recorder of Orange County, State of California.
APPROVED AS TO FORM:
City Attorney' Office
By: v
Aar WC. Harp
City Attorney
ATTEST:
I�
eid�ni 1. Brown
City Clerk
P _N�
t
CITY OF NEWPORT BEACH,
A Municiaal Coraoration
M
Nancy
Mayor
EXHIBIT 2
TEMPORARY CONSTRUCTION EASEMENT
WITH LEGAL DESCRIPTION AND PLAT MAP
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA
Attention: City Clerk 92658
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
Orange County Assessor's
Parcel Number: 445 - 132 -11
FULL[ ] PORTION [X ]
TEMPORARY CONSTRUCTION
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bates Johnson Building, Ltd, a California Limited Partnership
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, a Municipal Corporation
A temporary easement for construction purposes in, on, over, under, and through the real
property in the City of Irvine, County of Orange, State of California described on Exhibit "A"
and shown on Exhibit "B °, which exhibits are attached hereto and by reference made a part
hereof (the "Property ").
SUBJECT TO all covenants, conditions, restrictions, reservations, rights, rights -of -way and
easements recorded against the Property, and all other matters of record.
This Temporary Construction Easement shall terminate upon the filing of a Notice of
Completion for the Jamboree Road Improvements — Bristol Street North to Fairchild Road
Project, or within two (2) years of the date of this document shown below.
[Continued on next page.]
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement Deed to be
executed as of this day of 2012.
Bates Johnson Building, Ltd,
a California Limited Partnership
By:_
Name:
ACKNOWLEDGMENT
State of California
County of Orange
On , before me,
(insert name and title of the officer) Notary Public, personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(Seal)
EXHIBIT `A'
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 107, .
PAGES 10 THROUGH i 1 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTERLINE INTERSECTION OF JAMBOREE BOULEVARD AND
MACARTHUR BOULEVARD AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF JAMBOREE BOULEVARD NORTH 40 °38'23" EAST,
220.09 FEET;
THENCE LEAVING SAID CENTERLINE OF JAMBOREE BOULEVARD SOUTH 49 021'37"
EAST, 60.00 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 2;
THENCE ALONG THE WESTERLY LINE OF,SAID PARCEL 2 SOUTH 49 °21'37" EAST, 14.00
FEET TO THE BEGINNING OF A LINE THAT IS PARALLEL WITH AND 74.00 FEET
SOUTHEASTERLY OF SAID CENTERLINE OF JAMBOREE BOULEVARD, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE ALONG SAID PARALLEL LINE NORTH 40 038'23"
EAST, 139.91 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WITH
A RADIUS OF 2557.00 FEET;
THENCE LEAVING SAID PARALLEL LINE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 01 015'48" AN ARC LENGTH OF 56.37 FEET TO THE EASTERLY LINE OF SAID
PARCEL2;
THENCE ALONG SAID EASTERLY LINE SOUTH 49 °21'37" EAST, 18.62 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 40 038'23" WEST, 196.28 FEET TO THE
WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE NORTH 49 °21'37" EAST, 18.00 FEET TO THE TRUE
POINT OF BEGINNING;
CONTAINS AN AREA OF 3,545 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
VALD 129 -01
PAGE 1 OF 2
EXHIBIT 'A'
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED
THIS 23"" DAY OF JUNE, 2011.
NANO SU
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� No. 5394 z
ti} Exp. 09/30/12 �}
15:10. AUSTINSON, L.S. 5394 9TF OF CAME Oti
LICENSE EXPIRES 09/30/12
VALD 129 -01
PAGE 2 OF 2
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S49 21'37 "E
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/ 18.00' -
AIdO'91'i7 " W
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R= 2557.00'
L= 56.37'
r -
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739.91'
N40 38'23 "E
S40'38'23'W
196.28'
PARCEL 2
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LEGEND:
No. 5394
Exp. 09/30/12
RIGHT OF WAY
F
CENTER LINE —
OP CALM'
PARCEL LINE
LEGAL DESCRIPTION
VALD
BOUNDARY LINE
AREA =3,54
A=3, 4JSHEET
VA CONSULTING INC
EXHIBIT 'B'
REVISION DAM-
y
CIVIL ENGINEERS
LAND SURVEYORS LAND PLANNERS
PLAT
PROJ. N ]]3.01.0500
0'-
DATE: DSlil f1
TO ACCOMPANY LEGAL DESCRIPTION
IN
PROJ MGR im
640D OAK CANYON, SUM 150 (94B) 47P1400
THE CITY OF IRVME
SURVEYOR: JOA
IRVINE,. CA 92610
COUNTY OF ORANGE, STATE OF CALIFORNIA
DRAFTER: ORB
Figure Name: VALD 129 -1
North: 2186901.30 East: 6071230.01
Course: S 40 -38 -23 W Distance: 139.91
North: 2186795.13 East 607113 8.8 8
Course: S 49 -21 -37 E Distance: 18.00
North: 2186783.41 East: 6071152.54
Course: N 40 -38 -23 E Distance: 196.28
North: 2186932.35 East: 6071280.38
Course: N 49 -21 -37 W Distance: 18.62
North: 2186944.48 East: 6071266.25
Arc Length: 56.37 Radius: 2557.00 Delta: 1 -15A8
Tangent: 28.19 Chord: 56.37 Ch Course: S 40 -00 -29 W
Course In: N 50 -37 -25 W Out: S 49 -21 -37 E
Ctr North: 2188566.67 East: 6069289.70
End North: 2186901.30 East: 6071230.01
Perimeter: 429.19
Area: 3544.72 0.08 acres
Mathematical Closure - (Uses Survey Units)
Error of Closure: 0.000 Course: S 90 -00 -00 E
Precision 1: 429185991.24
1 OF 1
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by the Temporary Construction Easement dated from Bates
Johnson Building, Ltd, a California Limited Partnership to the City of Newport Beach, a
municipal corporation is hereby accepted on AJOKI /U , 2012, by the undersigned
officer on behalf of the City of Newport Beach pursuant to authority conferred by
Resolution No. 92 -82 of the City Council adopted on July 27, 1992. The City consents to
the recordation of said document in the Officer of the Recorder of Orange County, State of
California.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
City Attorney' -q Office A Mun7Fipal Corp9satkon
Aar n.C. Harp Mancy
City Attorney Mayor
ATTEST:
S,.
=�I
Browii
City Clerk
f
EXHIBIT 3
COPY OF PRELIMINARY TITLE REPORT
r_
UPDATE
VA Consulting
17801 Cartwright Road
Irvine, CA 92614
Attention: BUTCH
Your Reference No.: APN 445 - 132 -011
Property address: 19742 MacArthur Boulevard
Newport Beach, CA 92660
Dated: MARCH 1, 2012
Order No. 1029788 -32
ORANGE COAST TITLE COMPANY
Builder Services /Commercial Division
3536 Contours Drive #120
Ontario, CA 91764
In response to the above referenced application for a policy of title insurance, Orange Coast Title Builder Services
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 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 said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's
Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages
are also set forth in Exhibit B. Copies of the policy forms should be read. They are available from the office which issued this
report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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 a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
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.
Dated as of FEBRUARY 21, 2012 at 7:30 A.M.
Manuel Villalobos
Title Officer
Phone # 909 - 987 -5433
Fax # 909 - 297 -2547
mannyv@octitle.com
The form of Policy of Title Insurance contemplated by this report is:
A.L.T.A. HOMEOWNER'S POLICY (01/01/08)
Order No. 1029788 -32
SCHEDULE "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee
Title to said estate or interest at the date hereof is vested in:
Bates, Johnson Building, LTD, a California Limited Partnership
The land referred to in this report is situated in the County of Orange, State of California, and is described as follows:
Parcel A:
That portion of Block 50 of Irvine's Subdivision, in the City of Irvine, County of Orange, State of California, as shown on a map
recorded in book 1, page 88 of miscellaneous records maps, records of Orange County, California described as follows:
Parcel No. 2 as shown on a map filed in book 107, pages 10 and 11 of Parcel Maps in the office of the Comity recorder of Orange
County, California
Parcel B:
Appurtenant Non - exclusive easements, right of entry and an appurtenant non- exclusive easement for automobile parking as set
forth in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Centerpohrte
recorded December 13, 1977 in book 12490, page 1134 of Official Records of Orange County, California.
Order No. 1029788 -32
SCgLDULT+ "B"
At the date hereof exception to coverage in addition to the printed exceptions and exclusion contained in said policy form
would be as follows:
1 General And Special Taxes For The Fiscal Year 2012 -2013, Including Any Assessments Collected With Taxes.
A Lien Not Yet Payable.
2 Second Installment General And Special Taxes For The Fiscal Year 2011 -2012, Including Any Assessments
Collected With Taxes.
1stlnstalhnent $14,53821 PAID
2nd Installment $14,53821 OPEN
Penalty $1,476.92 (AFTER 4-10)
Code Area 26 -037
Parcel No. 445- 132 -11
Exemption $0
3 The properly covered herein lies within the boundaries of City of Irvine Landscape Maintenance District 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 33, 34, 35, 36 and 37, as disclosed by an assessment
district map filed in book 38, page 1 of Assessment Maps, recorded August 6, 1987 as Instrument No. 87-
448557 of Official Records
And as disclosed by an Assessment District Map filed in book 42, page 1 of Assessment Maps, recorded July 7,
1988 as Instrument No. 88- 325691 of Official Records.
And as disclosed by an Assessment District Map filed in book 47, page 19 of Assessment Maps, recorded July
25, 1989 as Instrument No. 89- 391811 of Official Records
And as disclosed by an Assessment District Map filed in book 53, page 19 of Assessment Maps, recorded July
26, 1990 as Instrument No. 90- 392575 of Official Records
The property covered herein lies within the boundaries of City of Irvine Lighting Maintenance District, as
disclosed by an Assessment District Map filed in book 21, page 16 of Assessment Maps, recorded June 25, 1982
as Instrument No. 82- 219047 of Official Records
And as disclosed by an Assessment District Map filed in book 21, page 41 of Assessment Maps, recorded June
25, 1982 as Instrument No. 82- 219048 of Official Records.
And as disclosed by an Assessment District Map filed in book 23, page 1 of Assessment Maps, recorded August
22, 1983 as Instrument No. 83- 366185 of Official Records
And as disclosed by an Assessment District Map filed in book 27, page 50 of Assessment Maps, recorded July 8,
1986 as Instrument No. 86- 290745 of Official Records
And as disclosed by an Assessment District Map filed in book 31, page 1 of Assessment Maps, recorded July 8,
1986 as Instrument No. 86- 291925 of Official Records
And as disclosed by an Assessment District Map filed in book 37, page 16 of Assessment Maps, recorded
August 6, 1987 as Instrument No. 87- 448556 of Official Records
And as disclosed by an Assessment District Map filed in book 41, page 30 of Assessment Maps, recorded July 7,
1988 as Instrument No. 88- 325690 of Official Records
And as disclosed by an Assessment District Map filed in book 48, page 1 of Assessment Maps, recorded July 25,
1989 as Instrument No. 89- 392635
And as disclosed by an Assessment District Map filed in book 53, page 1 of Assessment Maps, recorded July 26,
1990 as Instrument No. 90- 392576 of Official Records
Exceptions Continued
Order No. 1029788 -32
4 The lien of supplemental taxes, if any, assessed pursuant to the provisions of section 75, at seq. of the revenue
and taxation code of the State of California.
5 A perpetual avigation easement in and through the air above the herein described and other land, as conveyed to
the County of Orange by the Irvine Company, by deed recorded March 17, 1964 in book 6965 page 721, of
Official Records, and the terms and conditions as set forth in said deed to which record. Reference is hereby
made for all particulars
6 The fact that the owners of said land have no right of vehicular access to Jamboree Boulevard except the public
right to travel same, said rights having been relinquished by the dedication provisions on the map of said tract.
Said land, however, abuts on a public thoroughfare other than the one referred to above, over which rights of
vehicular access have not been relinquished.
7 Covenants, conditions and restrictions in an instrument recorded in book 7385, page(s) 915, in book 8059,
page(s) 79 and in book 8546, page(s) 799 all of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but
omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or
national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of
the United States code or (b) relates to handicap but does not discriminate against handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction
based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that
restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section
12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior
housing for older persons shall not be construed as restriction based on familial status."
Covenants, conditions and restrictions in an instrument recorded in book 7529, page(s) 600, Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust
made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color,
religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is
exempt under chapter 42, section 3604 of tine United States code or (b) relates to handicap but does not
discriminate against handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction
based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that
restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section
12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior
housing for older persons shall not be construed as restriction based on familial status."
An instrument declaring a modification thereof was recorded in book 7946, page(s) 90 and as Instrument Nos.
89- 580884, 90- 009885, 90- 5351521, 91 -014595, 91- 014596, 91- 026673 and 91- 160564 all of Official Records.
An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: July 1, 1969 as Instrument No. 109 in book 9008, page(s) 808, Official Records
For: public utilities and incidental purposes
In favor of: Irvine Industrial Complex, a California Corporation
Affects: The location of said easement is set forth therein.
Exceptions Continued
Order No. 1029788 -32
10 Covenants, conditions and restrictions in an instrument recorded in book 12490, page(s) 1134, Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust
made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color,
religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is
exempt under chapter 42, section 3604 of the United States code or (b) relates to handicap but does not
discriminate against handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction
based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that
restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section
12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior
housing for older persons shall not be construed as restriction based on familial status."
11 An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Exceptiars Continued
Recorded:
in book 12621, page(s) 1322, Official Records.
For:
underground lines and incidental purposes
Affects:
a portion of the land.
12
An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Recorded:
April 4, 1978 in book 12621, page(s) 1325, Official Records.
For:
underground lines, above ground enclosure and incidental purposes
Affects:
a portion of the land.
13
An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Recorded:
February 13, 1979 in book 13033, page(s) 918, Official Records.
For.
water line purposes and incidental purposes
Affects:
portion of the land land.
14
An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Recorded:
February 15, 1979 in book 13036, page(s) 1140, Official Records.
For:
pipe lines and incidental purposes
Affects:
portion of the land land.
15
An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded:
September 5, 1979 in book 13298, page 175 and December 13, 1977 in book 12490,
page(s) 1134, Official Records
For:
right of entry and incidental purposes
In favor of.
Sterling Association, a Limited Partnership
Affects:
The location of said easement is set forth therein.
Exceptiars Continued
Order No. 1029788 -32
16 The following unrecorded leases as disclosed to this company in writing:
Office Lease dated May 20, 1991 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Fran A. Mulvania, DBA Mulvania & Associates and DM Publishing, Inc., a
Corporation, as Lessee;
Office Lease dated March 28, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Fran A. Mulvania, an individual DBA Mulvania & Associates, as Lessee;
Office Lease dated February 11, 1983 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Charles Schwab & Company, Inc., a California Corporation, as Lessee;
Office Lease dated May 24, 1991 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Deborah I(hoshaba Maddi and Salvatore R. Maddi, both individuals and Hardiness
Institute, an Illinois Corp., as Lessee;
Office Lease dated February 19, 1998 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Dolores A. Cronin, an Individual, DBA Corporate C Areers Personnel Service, as
Lessee;
Office Lease dated October 18, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Metrofed Realty Finance, a California Corporation, as Lessee;
Office Lease dated May 14, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Edward J. Sterchele, an individual, Sam Pitassi, an individual and Richard B. Cannon,
an individual, as Lessee;
Office Lease dated November 30, 1998 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Squar & Clarke, an Accountancy Corporation, a California Corporation, as Lessee;
Office Lease dated January 1, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Johnson, Hart & Dyson, an Accountancy Corporation, as Lessee;
Office Lease dated April 20, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Mortgage Related Services, Inc., a California Corporation, as Lessee;
Office Lease dated October 3, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Amco Marketing, LTD, a California Corporation, as Lessee;
Office Lease dated October 4, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Kencabco, Inc, a California Corporation, as Lessee;
Office Lease dated February 1, 1991 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Regional Warehouse Center, Inc., a California Corporation, as Lessee;
Office Lease dated November 16, 1990 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and D Lynda H. Detling, Mary Kathryn Gustinella audJean L. Whitney, all as individuals,
jointly and severally, as Lessee;
Office Lease dated February 26, 1991 by and between Bates Johnson Building, LTD., a California Limited
Partnership as Lessor and Newport West Properties, a California Corporation;
Office Lease by and between Bates Johnson Building, LTD„ a California Limited Partnership as Lessor and
Univ. Train/Lipsco, as Lessee
,5 ceptions Continued
Order No. 1029788 -32
17 A Deed of Trust to secure an indebtedness of
Amount:
$1,000,000.00
Trustor.
Bates, Johnson Building, LTD, a California Limited Partnership
Trustee:
California Reconveyance Company, a California Corporation, its successors in trust
and between:
and assigns.
Beneficiary:
Commerce West Bank
Dated:
May 4, 2007
Recorded:
May 11, 2007 as Instrument No. 2007000308420, Official Records.
The beneficial interest
under said Deed of Trust was assigned
To:
Washington Mutual Bank, FA, a federal association
By Assignment
Recorded:
May 11, 2007 as Instrument No. 2007000308421, Official Records.
IS An instrument, upon the terms and conditions contained therein
Entitled:
Lease Subordination Agreement
Dated:
May 4, 2007
Executed by
and between:
Commerce West Bank and Bates, Johnson Building, LTD; a California Limited
Partnership
Recorded:
May 11, 2007 as Instrument No. 2007000308422, Official Records
Reference is hereby made to the above document for full particulars.
An unrecorded lease disclosed by said instrument.
The lien or charge of said instrument was subordinated to the lien or charge of the Deed of Trust shown in
_paragraph 17.
Recorded: May 11, 2007 as Instrument No. 2007000308422, Official Records.
19 An instrument, upon the terms and conditions contained therein
Entitled: Access Easement Agreement
Dated: April 1, 2007
Executed by
and between: Scholle Development SPE I, LLC, a Delaware Limited Liability Company
( "Scholle "), Impac Center Owners Association, a California nonprofit mutual benefit
corporation (Scholle Association "), Centerpointe Owners Association, a California
nonprofit mutual benefit corporation ( "Centerointe Assoication"), CIP Centerpointe
123 LLC, a California limited liability company ( "CIP 123 ") and is expressly
approved and consented to by CIP Centerpointe LLC, a California limited liability
company ( "CIP "), Centerpointe L.P., a Delaware Limited Partnership ( "Centerpointe
L.P. "), Bates. Johnson Building, Ltd, a California Limited Partnership ('Bates,
Johnson ") and First California Bank, a California Banking Corporation ( "First
California ")
Recorded: May 11, 2007 as Instrument No. 2007000308910, Official Records
Reference is hereby made to the above document for full particulars.
20 The requirement that there be filed in the office of the Secretary of State a Certificate of Limited Partnership for
Bates, Johnson Building, LTD, a California Limited Partnership, in compliance with the provisions of the
California revised limited partnership act, section 15611 et seq. Corporations Code, and a copy thereof certified
by the Secretary of State be recorded in the office of the county recorded of said county.
Exceptions Continued
Order No. 1029788 -32
21 An Unrecorded Lease, Upon The Terms, Covenants And Conditions Therein Provided, Disclosed By Notice Of
Responsibility
Dated: February 12, 2010
Lessor: Bates Johnnon Building, Ltd.
Lessee: Caduceus Medical Group, Inc., A California Professional Corporation
Recorded: February 16, 2010 As Instrument No. 2010 - 71708, Official Records
22 A Deed Of Trust To Secure An Indebtedness Of
Amount:
$1,000,000.00
Trustor:
Bates, Johnson Building Ltd., A California Limited Partnership
Trustee:
American Security Bank
Beneficiary:
American Security Bank
Dated:
October 1, 2010
Recorded:
October 5, 2010 As Instrument No. 2010-501196, Official Records,
23 An Assignment Of Rents, Royalties, Issues And Profits Accruing From Said Land As Additional Security For
The Payment Of The Indebtedness Secured By The Deed Of Trust Shown In Paragraph 22 Of Schedule B.
Recorded: October 5, 2010 As Instrument No. 2010 - 501197, Official Records.
Executed By: Bates, Johnson Building, Ltd, A California Limited Partnership
In Favor Of: American Security Bank
24 Rights Of Parties In Possession Of Said Land By Reason Of Unrecorded Leases, If Any. Please Forward Said
Leases For Our Examination.
25 Any Facts, Rights, Interest Or Claims Which May Be Shown By An Inspection Of The Land Or Which May Be
Disclosed By Inquiry Of Persons In Possession Of Said Land.
End of Schedule B
Order No. 1029788 -32
"NOTES AND RE, OUIREMENTS SECTION"
Note No.1
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California. Real instate may be required to withhold 3 and 113% of the total sales price as
California State Income Tax, subject to the various provisions of the law as therein. contained.
NOTE NO.2 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the
amended demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy
of the servicing agreement prior to close.
Note No. 3
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold
periods for checks deposited to escrow or sub - escrow accounts. The mandatory hold is one business day after the day deposited.
Other checks require a hold period from three to seven business days after the day deposited
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 124I3 er. Seq. Regulates the disbursement of escrow and sub - escrow funds by title
companies. The law requires that funds be deposited in the title company escrow and sub - escrow accounts and be available for
withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds
deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after
the day of deposit. If funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub -
escrow funds received by the Company will be deposited with other funds in one or more non - interest bearing escrow accounts of
the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain
direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts
with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the
value of, or to pay such party, any benefit received by the Company and/or'its parent Company. Those benefits may include,
without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings
on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial
institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow
or sub- escrow. If funds are to be deposited with Orange Coast Title Builder Services by wire transfer, they should be
wired to the following bank/account:
Wiring Instructions for This Office:
CITIZENS BUSINESS BANK
301 VANDERBILT WAY
SAN BERNARDINO, CA 92408
ABA NO. 122234149
ACCT NO. 245121776
Credit to the account of Orange Coast Title Builder Services
Reference Title Order No. 1029788 -32
and Manuel Villalobos, title officer
MIN,
Order No. 1029788 -32
J
ORANGE COAST TITLE COMPANY
{� Builder Services /Commercial Division
' 3536 Concours Drive #120
Ontario, CA 91764
Borrower: Bates, Johnson Building, LTD
Lenders supplemental report
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order
to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as
follows:
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This report
discloses nothing, which would preclude the issuance of said American land title association loan policy of title insurance
with endorsement no. 100 attached thereto.
B. The improvements on said land are designated as:
A Commercial Property
19742 MacArthur Boulevard, in the City of Irvine, County of Orange, State of California,
C. Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of this
report are as follows:
None.
Order No. 1029786 -32
Exhibit B (Revised 11- 17 -06)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE
rat not mdudhng fmm covmge any taking whiel: hu amoned prismD is ofPcifny which
flaofty but.nattd, waved assumed ar Agrced to byl,e instead daimbnl; @) not known
din writing to duo COMrpeRy (ry the hnsured elaimdnt prior to the date thelrrcumd clolmnnt
rbsequenrto Data ofPchoy; to (a) resulting in loss or derange which would not have been
or Nuinvbilky or failure of any subsequent owner of the indebtedness, W comply wish It*
..lelm tlmrmS which vista out Ofthahauadhan evidenced by ilia inwrod mongrga aM is based upon usury warty, wmumeromilk proientim or
6. Myalairts wbia anus out ofilatmmvaion vasd.g in she insured the numofh a nst iroded by this policy or Netnnssvim cantle, die Wearttdfil a imumd leader, by reason oftho openthonoffdenl
bankmptry, stele insolvency or simllor adltore dglm laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE R, PART I
This policy don not lowrc :ustlav or damage (and the Company will not pa cosµ almme,'fees or expanses)whidi arise by rceson or.
1. Tote or asae emouts whi.I arc not shown 0 exhaling Ilem by the records oreny kkIren a �adty that 1.im axes or anetvneds on real property or by the public mcards. Prowedngs by s tudift agency whisd
may, made iv tmv araswssmmn wamiea afwchpccecdingowlrtthvarno, shown
by the .,do F..h agemy or by dx publl. r.ad..
2. Any fells, deht5 har.9 . w claims Witch en.1ft. by die public records but which could be uncertain ad by an imp one on afllie land or which may be aswnad by persons in ju nession thereof.
3,rmmands, liensorenwm:anvx, orclaims thereof whicham not drown by die public retards.
4. Dln -sties , sonQku in boundary lienshortagem atm, enaoechmente, oreny Baerfoes Miibha conca wrvy wo.lddi,lIneMwhlcliamnotshownby Nepubflcrecords.
Anew. ubmimesdeans;(bJ reserveikns wexmptionsbpatents grinArn eutiiodzhng We isswmethereoi; 7) watarighq Balms drfi[le towatV, wbethvar rotdic manes exmpicd under (e), (b)or (c)orc
diwn by tlm public remelt.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10122/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS
In addhkn to the Lxosphiovs in Schedule B. You am me lmured ngeiwt lose, trots, elmmeys' fees, and expenses resitting from
1. Gwemwmal Puliaepowv, eM Ne vti,tmoe orvloletlon ofany law orgamminumni regulation. Tlds includes ordinances. Imes end re,.1.0ws cannating nbuhldia& b. sand.,. ..Land use d. improvements an the
Iand,e.LeM dividon,f. mvironmemdlpmtemlon. This Fxdwion don mnpplyto violMonaorUx onfomament oitliue menus ifnoGm ofdm violation ar mforcvnmt mpmrsin olio publk Aewrda dlM Policy
Dek. This Fxdudvn don nollimit tirc mvvega desaibd in Cawed Risk 14,15, 17
2. Tha flurt w , be AcmwctM In ..ends.. .. with epplimbleouilding mdm. This Exolwion tldes we apply to violations ofbuilding codas ifnoliee of the Violation
unless: a. a Action otexercidng die right eppma in the Publle Retards at ilia Policy Derr, or b, the taking happened before the Parley Dec. end i¢ binding m You KY.
u they opworin UmPublic Records; b.thet woXmwn to You at the Polley Da s, LAW msto U1,.41201acy appear In ilia Public Remands al ilia
aliolley Dam -this dmmol limit Urc mvemge dewdbd in COV.d Risk 7, &d, 4 13, 24 or 25.
mtl :afened to in parMmph 3 of Schedule A; end b. In euew, alloys,.,waterways the, touch thoLnd. This BW. lon don mtlhmhi the
-he For-Covered Risk 14, I5,idandtg YourDduts shown Amount udule &Tons ollows: im tofLiabiliry shown inSchdvle A.
The deductible announce minimum dollar limits Blown en Sdiddle Ae follows:
YourDdu1r.L11YAL w Our Mexsm2m D011arlimit ofLiabili[v
GoverMRiskl4: Y. ofPalicy Amount ors wblcheverblen S
Cavwrc RiskM %ofPalicy yuoounl oe5 hichever la l.t S-
C2verMlDSkl6: —_ %ofPalicy Amount ors wbitlmver is Lott $—_
Covered Risk IS: %or May Amount or S_(whirbever is lest) S
AMERICAN LAND TITLE ASSOCIATIONRESEDENTIAL TITLE INSURANCE POLICY (6 -1 -87) EXCLUSIONS
In addition to the Exaeptlons in Scl dulc B. you am net insued against lase, an; atumyd fees, and expenses resulting fmm:
I. GovemmmW polies poorer, and she allotment or violation oreny law Or govammem regulation This Malaria beili inGG end zoning adireame end.1. laws end regvlvione cmmming; a lied use a hmprovement,
an the IoM lend dlvemw- mvireneramigrotmdan. This exdmlon doer not apply m violeGom crthe wfmawwt aFNeu mounts which e,me in Um Via meals at Pull.y Data. This exclusion does not limit
the meinpp mverepadmWhed Inlacce 72 eM 13ofC vvd'lltleMski.
2, T1m dgl:t u, eke the lend by coademnitg it, udessf lee mtiee of cinching the right ippuro in the P.M. .,do von the Policy Dote sex tddog happened prior m the Pogar, Data mtl h, binding An you ifyore
boaggbt the land without knowing ofibeukmg
3. TitleAlzks:Wat ere erWeQ ollawM, wagredmby yes alit ere knownmYV bvl not to us,mthe PO) icy Dehe - unless they W ➢earedmthe Public records 4bat recall inmlost As yen mNatfirtl a/fW your
title aficrthaPdicy Date -title does not limit the labor and material Ilan coverage in Item 8 atCosxmd Ttle Rids
4.Peilu atopeyvalueforyourdtle.
S. Lack are rghe eto any IoM ov:dde Use use spedftcally described and rofanM to u Item 3 affichdule A OR *].,true; Alleys, orwaverways dart towhyovr land. This excludan tloa not limhthe noes,
mvenge in R em i e(Cvvercd Tino Riskt.
ALTA LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM I COVERAGE EXCLUSIONS FROM COVERAGE
The following mmtrvs monstrously excluded Gwo do coming. ofthis policy And die Company wig not pay loss ordamage; win, eaormys' fees or expenses which mdse by reason all.
1. (a) My hew, amiame. orgovemmemel aopladan.(ndudiug but net limited to building And acting law; ordinances, or mgulethms)occ4hniv& rejeulalln, prolitalft orrcbung to Cl) the ocmponey, usq or
ajorystent of the Intl; (I)the eMndw, dinkmiwa m Location arany improvement new arherai areclM on the lend; (ih.) a separation le ownership or a ebonee In Na dimmdans or ann oftixlend or any psrevl
ofwhld, Ne had Is orwas a pe:G or(v) ew4own.14 Protection, orthe effect oreny violation ofthem laws, ordumces orgovrmmmlrl regulations. cumpttathe name than nmhmafue anfo wnweriNU or...
nmoh dekog liviorecomalo asonsuldng fromavidatiw nrdlegd vuletlonaffeadngthe land bra beesnmodedin NepublicrecordsdDareafP.Hy. (b) Anygovemmeew police powermanaeltad by
@) except Idtha meat IWfemgu oftae exvci,e Nveofw a mdmafe tlefte4 start or rnmmbranu resulting Rom a violedon or alleged violetim eReding Ne Ind has been tmortlM in iM1e pubGo rands of
Dab.fF ofPoliry.
2, Wdbbe o fm nig on the ridgo h u un olafnd puml m r fo m eMm luevAtlmtikwwlcdgt.
3. Defect; Jh m; encumbrances, adverse claims or oLhu aaltn(e)Ama(,d, r
ecvdd in Ne puhlia mcorda et DoeofPOlicy, but na mchding fmm coveragemylaking whidi Ms occunrtd prim w Dem ofPOGcy waicb
wiRrd, wwmd at agreed to by the inward aleimnt; (b)rot known to the Company, rat recorded in the public records at Date ofPalicy,
but knowob Um 1pwrcd daimaat andnotdimlamd in wr6ingla she Company by tM iusiiml2ldmant pdwto Ux datellx sewed ddimdnl beenme m inmrM uidv this policy; (e) ncwiting in no io0 Ordamagato
tlm imurcd de{men; (d) attrehieg or.eated subsequent It Detc ofPalicy ( exupt to the extea Nel Nis policy hnsumaue priority ofthe him ofihe Inmrad mortgage avwury smlmory Gen for ¢ervlue, loborar
metedal wtashe roue inwnnm la sRvdd hvdn as lb asseumrnl, for sum improvements under emswnion ormmpkld el DeteoFPOliey);anje)newldng in Iwo or damegewhkh would ml hove lien wneind
4. mhnsurtd Geimml hd paid value for Um heavnMmmgega
4. U nbledeability of the Ilan cretin iwnd mongege bemuse Dunne inability orfeilum ofthe Insured an Dam of Policy, or 0e inability whilvre ofaay wbsequmt owner afthe indebtedness, to comply with
5. Imalbdley ea hiders Iowaofthe It. hnwhichtheland Is stunned.
S,th 1.lalre or umNoweabiliry ofNelimafthe inward martgegq wclaim lbcrmf, wlsich vise¢out oflhe Vennaion evidenced by the Insured mortgage end is bard upon usury or any mnwmaercdltproknim or
win y monetary bus.
0. the My which1lienforhod roc, bbom encedeb(ortbetto vofpdodtyofinysatdory nced in xrvhu;in poor by pmcwoverheindeofdmhnsuredd by the iarisingfromm which am em or worky ilia m
No hand which la cad or 4 obligated and co.dvwmU wbsequentta DaoofPalicy end b eat financed in whole or in pen by proartls ofthe iadcblednous mwmd by the kwrd mortgage which et Oale ofPalicy Ne
uwred lass , which sues u of di madmme
7. Any Balm, which arises out of die maue.hm crmdng u the d mon Interest of being Inwrdby this conversation by reason ofue tonfo n otil) dies banlauptcy, sum insolvency, often, insured dmdilmd dgbls buss, that u
hued oar O the trmuNm Lrce6ng the shewers dw; insured m mented 6dng dmmd a trndWml conumed nu m fnim bean demand A mo Nc oral Moore, except win. the a mar, Insured mortgagee ue resdt e
appgmtlon of the dodrimarequiublc whordimtion;o il)N5=11 ra aionc1itoI the iinimat
ot[=ofinehnsured ear valueo6dngdeemed oprefuamdaowmuar Acceptwcy farm maybe inteunnslorrd elta Rom the
hilts re(ahotlmdy:emroveragswmemfliml. fer,b.va o lei nmNr Covens"4'nmlmtoa PUrom C."rvduea judgement or lien Cowgcpolicy will Theo bcluditltyfarwingEchswMmomoddlhv Slenderd
COVUagewgxteded Cwengt ]n eddltionto tix abav2 tmluaioro Loom Covens" dm Excc➢livns from Coverage Ina Smndad Cowege policy will Also Induskthc following Exuptiam from Cwvegv
EXCEPTIONS FROM COVERAGE
Thl, policy does.. Inwmagainst Ion orifices'. (.it the Company will not paymsu, attorneys' fete orcip remo)wild, Ads. by mason a.
].I. or niessmant, wale, em rat shown u meaning liras bythe records ofanytaxh e, authoritythat levier Use ...coo hncnn on reel property troy the public mcards.
Proceedings by. public agency width may n alt in taxes ormaeaomenu, mnadms afouch proceedings, whatheror wtsbown by them ods of ,.b Agency arby the public records.
2.Any fans, rights, hmarosu..let u wdfxh Am not shown by Nepublle records but which mild be ueeruimd by an Inspection oftholand orwhich may be e0estd by persons in pans ow thereof
3.Emmenu, Ilanswem:mbramu, or Alaimo lhemo[ ml shown byth. public recoils.
4.DiscmpmelM cour ass in boundary line; shortage In a.... encroechmmu, arany other fats wbieh a warms eurvoy would disclose, and which am not drawn by the public records.
5.(s) Unpeteaed mining ddms; (b) na rvetiew or wale thom in patents or In Asia w1bodsing the issuance thermi, (o) weft, night,, dalmt wNle to water, whether area the manors excepted under (A). (b) or (c) Am
,how. by Ne public records.
2006 ALTA. LOAN POLICY (06- 17 -06) EXCLUSIONS FROM COVERAGE
Tlx following motion art eopreuly colored gem ilia canting, oftbis policy, and the Company will at pay loss orde lei owµ memcys' fees, ar nepensesthe mimby on I.
1. (a)A4y law, onknm., permit, orgo carma sal reep0allon (isduding those relative, Iolailding end ismi reskiNng,.nitumuag, pnNbltbg orrclw.g lo: O Nameupsnoy, w.. ar mjoymem oftho Lend; (10
Um character, dimensbtµ or lowdm ofmy improvemmu named on theLand; (hh) the subdividw of land; or (R') environmental pate nknion ilia offe-c[ofmy, violation oftbae laws, ordinances, arelovernmenivl
regulations. Ter sEmlusion Ila) dots not modify or limit die cov.agv provided under Covered )Usk 5. (b) Any governmental police power. Tbls Exclusion 1 (b) data not modify or limit Ne coverage provided unit.
Cavcred Risk 6, Page 1 aft pages
Order No. 1029788 -32
2. Rights afdminea domdn. This Padusion does rot mdily m limit tlnwvengapmWdd udv Godard Risk? m e.
3. Defaas, got, cowmbreaws, adve¢e claims, mvlbezmnlme (a) created, mRad, assumed, at agreed lv by the lamted Claimmk (b) OcaXnawm to We Cvmpeny. ram mcmdad in the Public Rmmds at Data of
Policy, but Known lotheye=ad Clamad and ml duebzed In wddug m this Cmmuny by the Insured Cleimam prim to the dacthc humrd Clamant bacema an Insured under ilia pvgey,(e) rosubing In vo Ina ar
damagcm Welaatrte �aimem; (d) aznbistg orveso d absequutl to Raid value far the Insured this don tea mdiiy oz limit iheewvege provktl undo Covad RiW 11, 13, ar 14); m(e) reminng in Law m
demegctlmlwmuk rot iw been suralmd Vti foamed Cinrmw had paid slue far the Intured Mongegv
4, Unmfo,yesioityfunicbiroN. what. min Pon agebxcounortin Iinabilitynpd ofmlesondm.ameanwits epiderecd yd a,! red Mat affirm, Mtw the Land,, doled.
S.InvaliditymurmNmwnhlllty In gfiole Orin put Ntigw vfthe Inryred MonSOge Uw vrisa rot Ntlm smwaioa evidmcrd bytiinand MMgzge dodo bend upm usury mmywnamu aedh pmted¢s or
adltm' dgMs Law, Ibn tin lmmcctiov na=il si Iim ohha Immd MongnSS La: (c) o lnuEUlcot convryeraear
7.MyGmmNe Title fm seal one¢Iwo aasmcmenu imyvsd by gtvemmwlu mtirbyend natd anteehirkq hetwvcoDale efPagry era the riot offecoding vfthelrwrzd Mortpecditleloillo Rdwrds
This fsebdroa dam rot modify arlimh Wemvemgepmvikd undo Covered Risk ll @),fiea�o�� policy form mvYh1ano egad eilhuail.; C.VCngCw Extmtld C.vungr Ivaddifwv to tiebot'v
Fadu:iom Gam Covaege, li Paaptiom from Cmessge La v gladvd Covvme poRry avgl also include the fagowing Caeplivm from Cavvage:
EXCEPTIONS FROM COVERAGE
This poRry dm ram ianseegdaa Initialization (ad ILe Compnry will col prymuR nmmefd fen m expwl and mi.by reean.G
1, (a) Tax. ar asersmcm, dam, art not shown as mining flms by We records artily taxing maturity that levies I. ar asa dons a. reel property, may the Public RSONs;(b) proceedings bye Public agmry
that my =11 hi tan or"naumns, or notion ofsudi prom dings, wheWv or net shown by the records crawls egmcy or by she Public Rmnrds.
2.My (ben.right, imemns. or dame and uc tea shown by ti Publie Rocodz but that wind be amenamd by m Impedim afthe Land ortlim may be mauled by person in posf"ao. oftfie Lend.
3X- ascmwt; Item or emumbranm, arddumilamo( wt dmiw by dm Pubgo Rewsds.
4.My,ncraaehm,n4 e,monf rmn, maid". veriadoa, wadveno arcormus. affecting We Title that would be disclosed by an .mote and complete Land survey ofthe Land and not dawn, by the Public Awed,
5. (e) Unpmmid mining claims; (b) raaveliow arenepdvm in puma ar In Act, agmri if, she isswme tbemoP, (.) we¢rd da, derma dull- Lowlier, wheWer ar withe maters escepied under (n), (b), or (e)
me shown by the Public Records.
ALTA OWNER'S POLICY (10- 17 -92) EXCLUSIONS FROM COVERAGE
Tile fallow)vg maters art expantly wooded from the coverage ofibls policy and she Co.,., will not Pty Ins or domegq costa, an ... ya'fkes ar we.," width ads. by ration or..
1. (v) My law, oN(nawe or govemmmml m,fiali n ( uciuding but wt limild to building ad Zoning firs, odinewez, or rapacious) rmlriaing, regulating, prohbidng orleluing to 0) the accounts, m, Or
Jayezent aftha hod; a We cimmav, dimendommimnon ofnny improvemed now mircaflv erected w IAe Land; R) a repvmdon in owwalilp or a ehenge in ilia dimmda. yr env aftbe brad meaty l ...I
Nwbicb the fwd is or was a per;m(rv)mvirnm i proleabq or We card efany violation ofthem laws, affiliates. org.vumiwtsi nguJnioo, aarpt tb itu wild shat a nad. fN, m(omemed,huwfine
mrit,.rvdues, dimeneco .newt emashingf ram. violali moralltGMvlolztimadeairgamltd has been recorded in Wepubiictacmds a DatavfPdiry.(b) M11o1wm1maI poGwpowelcolasaWdzd by
(e) above, adept l.Ihe Wwl lit v wWsofWeexrdw Wemof am ndw vfe deRC, Iim a msmmbrewn rea1lNg limn a W olaRvo erdleged violafmn e2eding Wo and has ban recorded in We pablidrecads n
Dam ofPollry.
2 uldb a bla ftan davain tarn ndw Nils exad without Imo sbcen rsodd In the pubReremrdz at Data ofPollry, but col eadud'F.g from covmgoary taking wsirJi is owned prkrto ➢maafPoliey which
wouldbe, JaM onsirights NvPufehasafor crate¢Mtbome(a) wand
3.fWeomi to mcomhclaimaedvaw1 dsmsseubm von,zw(a)awed,byis, nmtfetleaeeddtoby the baud chnned al ). lmeti to Wesured and not eNc, Inmzpublic. nor1 an, da e,,
fins red d e she insured to claimant eel col disclosed lv silting m she Company r(c) r by ism insured cleared which the date i have been damdm be.tne nc Insured undo cads paid the c in rap loo er st hum d y ft
Iasmed aeimaZK (.� ettsdtbtg maenad wbsemm:d b Date ofPdlry, or(c) rewhir4} In Wa or damage which would rot love Gemwneind ifine Iezund tlaimant had paid value for the dilate Or Interest Lnwrd by
Wu cl
4. Mycal hin(which anus out i I theaion craning Gli inured the poky ingde insured im this pdiuy,e rcmw Ntiopvw)oallorC.1he cresclry, tlucimedvu¢y,mrif ilex altoaa'riSSU Is tit caus. or
isbaldw: nWeva maniaaamong.herwmemintueuImrdby WLa JNIry bangdeemed •(nndWewy twormd orfie eranofninal or Cu) of vchmulaoailingW art oclm to nip lawred by Wh pvGry
hch�g domed awUacotial ttwfer except Mart We PnfaeatW IremfarmWRom the Gilmc:(e)mtime)y rtrmd Weinurommt Nvemfed,.r@)ofswhd.ond uioaimpmvotlwmtha=pU
forvaue m ajvdgemed maim edcdhor. fie Wee poR.y from maybe ismd Lo af(vd r3thu Stamford Coveeege ar Fatwdd Cmxnge iv ddsskivto We ebawfixelminm fiom Cawry^,q ilm Ficeptlom film
Cavraege i a glmdW Covavge PoRry will elm iaMe Wv fagvwmg Farepilans film Garage
EXCEPTIONS FROM COVERAGE
fire pdicy don ram inure e�imtlm a dvmvgc (ad rise CamPaeY MII col Pay con; womey,' fns orupemn) vAich vise by rteson of:
1. Twee ar mscnmems whiN em cot eMvm m dining Iicns bytAe secods Nmyteang euWoritY Wet IeWn law orvsiestmcou on rat prvperry rosy the puhlle nwrda. Rmatiny by a public egemy Mich
may result in wwesarassesnnml, or mtim ofaW proaadmg; whaler mom Warn by We meords vfsmh vgenrymby ihepubge scads.
3. Any GUS, rights, ouncrus or an es, whirs em ram shown by We public w s by but Mdch could heescesLLined by nn Ivspenim vfti Idnd or which mvy be aimed byperam in possevion fliereol
3. isclauot, ll,csmww in bouncm;or chimertae i am,a ecolamwn by Wo public
her fa is which
a. Disaemaia, codliaa In boundary Ilws, shortage in ant, weroeehmanm, m any other fans cosies awned survey world d @tbie and which ea w shownet er or natamwMn, tile
5. (v)e=by ha mining dorms; @)msenntivn, orwecPtiwzIn potato min Acts euntorizing Ise Inuence Wenaf
(c) wain sights, delms or ntie owner, wheWmmvv[W. mepae aeepttl undo (v), @)or(c)
ua ssvwn by the public records.
PmlcNan;.,ilm dfect N
power. nn Hmlm;on 1 (b)
am
rights dew , that the ma dozz Irbil the Title m shown I. Schedule A u (e) a Gasdulad ccompliance m
EXCEPTIONS FROM COVERAGE
Thiv pagry dot not inam sgeimt I= Or damage (and the Company wit wt pay cons, umrvrys' fen or eapensm)that adze by reason 0..
1. (a) Taxes or documents, lit w m loot as Wstig Ran, by the records army taaeg atEodtY and Was== a mesvmcots an feel Pmltetry or by the Public Record; @) proceedinga by a Judge agaory,
flan way mrsk in teas Or no —memo, ormidem, ofsueb procaLimg, whether orw shown by the reads ofsich egeay or by We Public Remud,
2 Any teas, right,iat=,a, or dams WU are wt shown a We Publi.Re"rdz but that could be mamelaed by m Idiotism oftfie Land or that may be named by pawns in possession of We Lead
3. Pasemmm, fee, mmusmbzame,mclaim thezrof, col shown by We Public Reevsdr.
4. Any wamedowt. mwmhnecq violation, vvinag orad.. irwmaw".Ragog the TAcdot would be dlsWSd by m maxrem and aompicm land survey Nthc Lash and tit are at Moro by We
Puldie Awards.
5. (a) Unpe'mied md,deimr, (b)rtse 9. or awpgom in patwts or 1. ACS wlhariziag the bsuence thaeuf;(a) was rights, delmv ar title m rue,MleWam col We mmcn aeepted udv(e),fall, ar
(a) arc above, by the Public Rwanda.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10 /13 /01)EXCLUSrONS FROM COVERAGE
The following matters are erprmsly excluded from tht covmvge adds policy ad the Campeny will net p, Imo or demng, wail, avmeys for ar crpemcs which else by [wan of.
1. (a) Any law. ordimnce or governmental regulation (including but col llmlld n building and zoning laws, ordinances, or regulation) rmddng, mgulating, prddblHAS or rdNng in 0) the oewpmmy, use, or
enjoyment ofthe Led; (14 Res einreu, dimensio" m London army Improvement nowt lweelter elated an the Land; CHI) a separation In owner ilp or a tinge in We dimensional or areas of No Land w my
P.) orwhf,h fie land Iv Or wee. Port;.(iv) wviromeual induction, or dm eflat of any violation orWne laws, ordimnda or gam nmwW mgaid.d. a, caepl to am wed that a win. ofshe enforcement
lhenofaa make are defeµ Ilan a annmhnnea rcalang from n valid. vkluiw efteam, the Land he, born nwrded in li Public Rwanda at Dan rNli,, 71dx wduzion don not limit the
coverage provided udu Covered Risks 12, 13, 14, and 16 ofdds pWky.(b) My goveenr meal pollee pawernm wduded by (a) ohave, wept to We Want that a rate. oftho wemlse Wmeof.r a vanes ofd ddwk
Ilex or anwmbnrce nwlting from a vldialem or alleged v1did. aflidni, the land ha been mwdd in ram Public Ilec.dvu Data ofPollry. This wclmlen dam at limit We mvUagv provided Order Coverd
Idik, 12, 13,14, and 16 afthls policy.
2 Rights NUNnwldomelvuNac mike afthe ozrdtt Wuwfis ben savWed in tlm PoWi. Records rat DalvarPolicy,bv[ ram mauding from coveregeeny taking wbich Lam owuned piiorto Dem of741icy
which would babied'mgm We righlsoA lumAaerfm va7ucwllltwlKwMedgq .
3.DUmuRasaew thasI an averse camsm dIumled In rivmto to Rued,aamd megrad eland hand Cldnung @)wed aMito Lbw Cme, anI nummertNth JiW.(.e Rezardsm ➢a Ion
Paltry, but Ievvwntotffi Imufed Chlmvm and ram dlrJosd In writing to We DwnWry by We r "e..d Q4Imw1 pdwmW: Gle li IruvfeL ClahneN hweme an In,aed undo this pNlcy, @) realtivgln m tom er
or(.)mto Wei.... r deem lawasdmeratdeenw l wDee vfPdiry(Milspangnpadmwtlimit Inand M< pmvdtlundoCevucd Riau 8, 16, 1g, 19, 2g, 21, 2], 21, 19,ueel 2fi},
aRe)rmlling ivlou mdemage whkbwwk vex hew been syssaiad [fact Insured Oelmedlud pad V.I.L. for li l:tred Modgege
4. Vneaimevbssyafli Iiw a(aminared Mar�gehemuse ofWe imbiliry wfollum afWelnswW u Oale ofPOgry, mW: hmhRiry w ration oCary wbsequem vwra NSiidebsdms, w rrmmly MW
eppguUle dying buamav IamafLb damn whidssilad h siweted.
Rbk27.w mmenfaweabiliitp==knor=tbinued Mangeg, orrlam lM1am( Mucls erpes oil tithe Vevsvctiov avidcwed'ay nx lncrrrd Mvngae eMuhwrd upm mury,aaPt esPmvidd in COartd
6.RcA ,army will..... tpnvtaZbn ortsuWin IcdivB Give:
tidal propurymss er vaenmmn efany gavwaemvl wlhedlY a4ilrL become a Rco an shefand miequent m DenafPdiry. Tlua aduzsan dmanos limit Wecovrnge provided trio Cmud Risks?. 8(e)
and U.
We tamed has Rrntvldge Wet liveslee shown In Srbdule A Is no
BJ..Zk Nprimh, oftfie life ofilmlaaued Mortgega w to weds end every ad.. made du Data orPlai y. acrd ell interest cbarged thamn, over gw, awumhrauas eel alb - Zdfi..Heeling the title, the
eancnceofwhkh aim Known m We Insured u:(e)The tineofWe advance; 00) The time a modification Is made to the terms Nan Instead MoWgawhich changes We rateafintaeu cirged, INnmm cauti si
hgratvaateals oftfie modl0celion the itwwld have hens heron the modifi.tioa This caauaon do. not limit taw covengeprnided ts Covered Risk g.
P. Tim fiRurt Nlb, residential immune, W any portion therwfm haw been comintd berm, on or der Dal. fPcIl y In awaNmce with applicable building cadre. Thin admian dot raw apply la violetims of
building coda IC nml. aftha violation appeals I. ram Publlc Reads aDme ofPollry. Pego2 oft peg.
Order No. 1029788 -32
ORANGE COAST TITTLE BUILDER SERVICES
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information — particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have
adopted this Privacy Policy to govem the use and handling of your personal information.
Applicability
This Privacy Policy govemus our use of tire, information which you.provide to us. It does not govenr the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another
person or entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means.
• Information we receive from providers of services to us, such as appraisers, appraisal management companies, real
estate agents and brokers air insurance agencies (this may include the appraised value, purchase price and other
details about the property that is the subject of your transaction with us).
• Information about your transactions with us, our Affiliated Companies, or others; and
• Information we receive from a consumer reporting agency.
Use off Information
We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know, that information to provide products
or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will
be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
Opting Out
We may also share the information we collect about you within our family of companies (our "Affiliated Companies"). We may
also provide this information to coin anies that perform marketing or other services on our behalf, or on behalf of our Affiliated
Companies ( "Service Providers "). However, we will not share this information with our Affiliated Companies or our Service
Pronders if iyou choose to opt out m writing. To opt out, please use the form entitled "Request Not to Share Nonpublic Personal
Information' ,which is attached hereto. Thu form provides instructions on how to request us not to sliare'information with third
parties.
Please be aware that Orange Coast Title Builder Services and its Affiliated Companies maintain high standards to safeguard
nonpublic, personal information, and do not rent or sell such information. Please note, however, that unless you opt out in
writing, our Affiliated Companies and Service Providers will have access to the information in our files.
Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the
new Privacy Policy and the ability to opt out (as required by law) before the new policy becomes effective.
Order No. 1029788 -32
AitentHOn
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of
paper. There are no markings on the page. The idea is to provide you with a legal description that can be
attached to other documents as needed.
Thank you for your support of Orange Coast Title Builder Services. We hope that this makes your job a
little easier.
Exhibit "A"
Parcel A:
Order No. 1029788 -32
That portion of Block 50 of Irvine's Subdivision, in the City of It-vine ' County of Orange, State of California, as shown on a map
recorded in book 1, page 88 of miscellaneous records maps, records of Orange County, California described as follows:
Parcel No. 2 as shown on a map filed in book 107, pages 10 and I 1 of Parcel Maps in the office of the County recorder of Orange
County, California.
Parcel B:
Appurtenant Non - exclusive easements, right of entry and an appurtenant non - exclusive easement for automobile parking as set
forth in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Centerpointe
recorded December 13, 1977 in book 12490, page 1134 of Official Records of Orange County, California.