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HomeMy WebLinkAboutContracts & Agreements_55-2020.t„ ALTA Commitment for Title Insurance ISSUED BY Commitment First American Title Insurance Company File No: NCS-1005171-ONT1 COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TMEMSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER. TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. LKOILMIA 0L140Y0t9)(-5-9J41914COCA Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, FirstAmerican Title rnsurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title insurance Company thAlTddl%d'.. �ltri�� �'f$YYt��1lC: Ssuelacy If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by FirstAmerican Tide Insurance Company. This Commitment is not valid without the Notice, the Commitment to Issue Policy, the Commitment Conditlons,- Schedule A; Schedule B, PartI-Requirements• Schedule 8, Part II-Exceptlons. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. lForm 50003700 (8-23-18) lPage I of 11 1 ALTA Commitment for Title Insurance (8-1-16; COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described In Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security Instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; and (f) Schedule B, Part II —Exceptions. - 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I —Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or (III) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. This page is only a part of 2016 ALTAO Commitment for Tite insurance issued by First American TiNe Insurance Company. -This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conciitons- Schedule A, Schedule 8, Parti-Requirements,- Schedule 8, Part II-Exceptons,. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 50003700 (8-23-18) ll 2 of 11 1 ALTA Commitment for Title Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Transaction Identification Data for reference only.• Issuing Agent: First American Title Insurance Company National Commercial Services Commitment No.: NCS-1005171-ONT1 Property Address: Vacant Land, Redlands, CA Revision No.: Issuing Office: 3281 E Guasti Road, Suite 440, Ontario, CA 91761 Issuing Office File No.: NCS-1005171-ONTI Escrow Officer/Assistant: Kelly Simoneau/Lori Allison Phone:(909)510-6206/(909)510-6214 Email: ksimoneau@flrstam.com/loallison@firstam.com Title Officer/Assistant: Matthew Hooks/Erin West Phone:(909)510-6207/(909)510-6215 Email: mhooks@firstam.com/ewest@firstam.com SCHEDULEA 1. Commitment Date: March 04, 2020 at 8:00 AM 2. Policy to be issued: (a) ® 2006 ALTA@ Standard Owners Policy Proposed Insured: Donn Grenda Proposed Policy Amount: $ 1,390,000.00 (b) ❑ 2006 ALTA(A) Policy Proposed Insured: Proposed Policy Amount: $ 0.00 (c) ❑ 2006 ALTA@ Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple 4. The Title is, at the Commitment Date, vested in: City of Redlands, a municipal corporation The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by Rlst American Tide Insurance Company. This Commitment is not valid without Me Notice; the Commitment to Issue Policy,• the Commitment Condib'ons; Schedule A; Schedule B, Pahl -Requirements,• Schedule 8, Part IFExceptons. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (8-23-18) iPage 4 of 11 1 ALTA Commitment for Title Insurance ALTA Commitment for Title Insurance & FirstAmerican ISSUED BY Schedule BI & BII First American Title Insurance Company File No: NCS-1005171-ONT1 Commitment No.: NCS-1005171-ONTI SCHEDULE B, PART I Requirements All of the following Requirements must be met: A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. B. Pay the agreed amount for the estate or interest to be insured. C. Pay the premiums, fees, and charges for the Policy to the Company. D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. E. Releases(s) or Reconveyance(s) of Item(s): F. Other: None G. You must give us the following information a. Any off record leases, surveys, etc. b. Statement(s) of Identity, all parties. c. Other: Prior to closing, the Company must confirm whether the county recording office in which the Land is located changed its access policies due to the COVID-19 outbreak. If recording has been restricted, specific underwriting approval is required: and , additional requirements or exceptions may be made. The following additional requirements, as indicated by "X', must be met: [X] H. Provide information regarding any off -record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by the company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] I. An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company This page is only a part of 2016 AL TAO Commitment for Title Insurance issued by RrstAmedcan Tide Insurance Company. This Commitment is not WO without the Notice, the Commitment to Issue Policy, the Commitment Conditions Schedule A; Schedule B, Patt I-Requiraments,,, Schedule B, Part IFExceptons. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] J. The following LLC documentation is required from: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (ill) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction [] K. The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (ill) express Partnership Consent to the current transaction [] L. The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (ill) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [] M. Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] N. A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] 0. Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. P. Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by RtstAmencan Title Insurance Company. This Commitment is not valid without the Notice,' the Commitment to Issue Policy; the Commibnent Condib'ons,• Schedule A; Schedule B, Partl-Requirements,' Schedule B, Part II-Excepb'ons. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 6 of 11 1 ALTA Commitment for Title [] Q. The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] R. Financial statements from the appropriate parties must be submitted to the Company for review. [] S. A copy of the construction contract must be submitted to the Company for review. [] T. An inspection of the Land must be performed by the Company for verification of the phase of construction. [] U. The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. This page is only apart of a 2016 ALTAO Commitment for Title Insurance issued by HistAmaricsn Tide Insurence Company. 7his Commitment is not valid without the Notice,, Me Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Pahl -Requirements,• Schedule 8, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (Form 50003700 (8-23-18) IPage 7 of 11 I ALTA Commitment for Title Insurance (8-1-16N California 0, .1",C .'.r'rt eras: Schedule BI & BII (Cont.) Commitment No.: NCS-1005171-ONTI ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 3. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. S. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable. 8. General and special taxes and assessments for the fiscal year 2019-2020 are exempt. If the exempt status is terminated an additional tax may be levied. A.P. No.: 0169-121-06-0-000. This page is only a pact of 2016 ALTAO Commitmentfor Title Insurance issued by NistAmencan Tide Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions, Schedule A, Schedule B, Partl-Requiremants; Schedule S Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 9. General and special taxes and assessments for the fiscal year 2019-2020 are exempt. If the exempt status is terminated an additional tax may be levied. A.P. No.: 0169-121-10-0-000, 10. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 11. An easement for right of way for pipelines and incidental purposes, recorded March 2 , 1896 in Book 222 of Deeds, Page 299. In Favor of: Ben Barton Affects: as described therein 12. Abutter's rights of ingress and egress to or from the freeway have been relinquished in the document recorded October 11, 1960 as Book 5256, Page 507 of Official Records. 13. The fact that the land lies within the boundaries of the Redlands Redevelopment Project Area, as disclosed by the document recorded September 26, 1972 as Book 8057, Page 789 of Official Records. Document(s) declaring modifications thereof recorded December 05, 2007 as Instrument No. 2007- 0680912 of Official Records. 14. Abutter's rights of ingress and egress to or from the freeway have been relinquished in the document recorded July 01, 1988 as Instrument No. 88-2.13391 of Official Records. 15. Water rights, claims or title to water, whether or not shown by the public records. 16. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 17. Rights of parties in possession. This page is only a part of 2016 ALTAO Commitment for Title Insurance issued by i`m;tAmencan Tite Insurance Company. This Commitment is not ✓a/id witrrout the Notice, the Commitment to Issue Policy; the Commitment Conditions Schedule A; Schedule 8, Patt I -Requirements, Schedule S, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 9 of 11 ALTA Commitment for Title Insurance (8-1-16 California INFORMATIONAL NOTES ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. The map attached, if any, may or may not be a survey of the land depicted thereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of this Commitment or the Policy, if any, to which the map is attached. This page is only apart of a 2015 ALTAO Commitment for Tide Insurance issued by FinstAmerican Title Insurance Company. This Commitment is not valid without the Notice,, the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule S. Partf-Requirements,• Schedule 8, Part II -Exceptions Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 50003700 (8-23-18) lPage 10 of 11 I ALTA Commitment for Title Insurance q4 kH@,a� FirstAmerican hibit A File No.: NCS-1005171-ONT1 ISSUED BY First American Title Insurance Company File No: NCS-1005171-ONTI The Land referred to herein below is situated in the City of Redlands, County of San Bernardino, State of California, and is described as follows: THAT PORTION OF BLOCK 28, OF BARON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFONIA, AS PER PLAT RECORDEDIN BOOK 6 OF MAPS, PAGE 19 THEREOF, RECORDS OF SAID COUNTY, PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF TEXAS STREET, 80 FEET WIDE, DISTANCE THEREON SOUTH 1 DEG. 00' 07" EAST 460 FEET FROM THE SOUTH LINE OF COLTON AVENUE, 80 FEET WIDE, AS SAID TEXAS STREET AND COLTON AVENUE ARE SHOWN ON SAID MAP; THENCE SOUTH 88 DEG 59' 51" WEST 303.95 FEET TO A NON -TANGENT CURVE HAVING A RADIUS OF 3,500 FEET AND BEING CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 70 DEG. 59' 54" WEST, THROUGH AN ANGLE OF 5 DEG. 17' 28"1 AN ARC DISTANCE OF 323.22 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID LOT OR BLOCK 28; THENCE ALONG SAID WEST LINE, SOUTH 0 DEG. 01' 45" EAST 220.27 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4 , THENCE NORTH 89 DEG. 38' 25" EAST 619.85 FEET TO SAID WEST LINE OF TEXAS STREET, THENCE ALONG SAID WEST LINE, NORTH 1 DEG. 00' 07" WEST 159.66 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA AS DESCRIBED IN A GRANT DEED RECORDED JULY 07, 1988 AS INSTRUMENT NO. 88-213391 OF OFFICIAL RECORDS. NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY ISSUED BY THIS COMPANY AND IS SUBJECT TO CHANGE AT ANY TIME. For conveyancing purposes only: APN 0169-121-06 and 0169-121-10 This page is only a part of a 2016 ALTAO Commitment ior Title Insurance issued by FrrstAmerican Tide Insurance Company. This Commitmentis not valid without the Notce; the Commitment to Issue Policy,,, the Commitment Condib'ons; Schedule A, Schedule B, Part7-Requirements; Schedule B, Part IFExceplions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) IPage 11 of 11 1ALTA Commitment for Title Insurance (8-1-16