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HomeMy WebLinkAboutContracts & Agreements_160-2014_CCv0001.pdf Commonwealth Land Tittle Insurance Company POLICY NO.: CA-FXFC-IMP-81306-1-15-09307760 OWNER"S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land `SNO TITLE 9 9 P P �ftOC1Al IUv Title Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Commonwealth Land Title Insurance Company Countersigned: � pnitF,ps By: (�/J ;SEAL'•a President By: !/� cL CZ i F�Lt s4I....8RA5K Attest: Authorized Officer Officer or Agent Secretary Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens,encumbrances, adverse claims, or other matters: (a) created, suffered, assumed,or agreed to by the Insured Claimant; (b) not Known t o the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a p referential transfer for any reason not stated in Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS (D) a grantee of an Insured notice that may be imputed to an Insured The following terms when used in this under a deed delivered without payment by reason of the Public Records or any policy mean: of actual valuable consideration conveying other records that impart constructive (a) "Amount of Insurance": The the Title notice of matters affecting the Title. amount stated in Schedule A, as may be (1) if the stock, shares, (g) "Land": The land described in increased or decreased by endorsement to memberships, or other equity interests of Schedule A, and affixed improvements this policy, increased by Section 8(b), or the grantee are wholly-owned by the that by law constitute real property. The decreased by Sections 10 and 11 of these named Insured, term"Land"does not include any property Conditions. (2) if the grantee beyond the lines of the area described in (b)"Date of Policy": The date wholly owns the named Insured, Schedule A, nor any right, title, interest, designated as 'Date of Policy" in Schedule (3) if the grantee is estate, or easement in abutting streets, A. wholly-owned by an affiliated Entity of the roads, avenues, alleys, lanes, ways, or (c) "Entity": A corporation, named Insured, provided the affiliated waterways, but this does not modify or partnership, trust, limited liability Entity and the named Insured are both limit the extent that a right of access to company, or other similar legal entity. wholly-owned by the same person or and from the Land is insured by this (d)"Insu red": The Insured named in Entity, or policy. Schedule A. (4) if the grantee is a (h) "Mortgage": Mortgage, deed of (i) The term "Insured" also trustee or beneficiary of a trust created by trust, trust deed, or other security includes a written instrument established by the instrument, including one evidenced by (A) successors to the Title of Insured named in Schedule A for estate electronic means authorized by law. the Insured by operation of law as planning purposes. (I) "Public Records": Records distinguished from purchase, including (ii) With regard to (A), (B), (C), established under state statutes at Date of heirs, devisees, survivors, personal and (D) reserving, however, all rights and Policy for the purpose of imparting representatives,or next of kin; defenses as to any successor that the constructive notice of matters relating to (B) successors to an Insured Company would have had against any real property to purchasers for value and by dissolution, merger, consolidation, predecessor Insured. without Knowledge. With respect to distribution, or reorganization; (e) "Insured Claimant": An Insured Covered Risk 5(d), "Public Records" shall (C) successors to an Insured claiming loss or damage. also include environmental protection liens by its conversion to another kind of (f) "Knowledge" or "Known": Actual filed in the records of the clerk of the Entity; knowledge, not constructive knowledge or 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA nMEalcnH members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land LAND TITLE af�Ol'I,l�,u Title Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-$1306-1-15-09307760 United States District Court for the district S. DEFENSE AND PROSECUTION OF securing evidence, obtaining witnesses, where the Land is located. ACTIONS prosecuting or defending the action or (j) "Title": The estate or interest (a) Upon written request by the proceeding, or effecting settlement, and described in Schedule A. Insured,_ and subject to the options (ii) in any other lawful act that in the (k) "Unmarketable Title Title contained in Section 7 of these Conditions, opinion of the Company may be necessary affected by an<alleged or apparent matter the Company, at its own cost and without or desirable to establish the Title or any that would permit a prospective purchaser unreasonable delay, shall provide for the other matter as insured. If the Company or lessee of the Title or lender on the Title defense of an Insured in litigation in which is prejudiced by the failure of the Insured to be released from the obligation to any third party asserts a,claim covered by to furnish the required cooperation, the purchase, lease, or lend if there is a this policy adverse to the Insured. This Company's obligations to the Insured contractual condition requiring the obligation is limited to only those stated under the policy shall terminate, including' delivery of marketable title. causes of action alleging matters insured any liability or obligation to defend, 2. CONTINUATION OF INSURANCE against by this policy. The Company shall prosecute, or continue any litigation, with The coverage of this policy shall have the right to select counsel of its regard to the matter or matters requiring continue in force as of Date of Policy in choice(subject to the right of the Insured such cooperation. favor of an Insured, but only so long as to object for reasonable cause) to (b) Th e Company may reasonably the Insured retains an estate or interest in represent the Insured as to those stated require the Insured Claimant to submit to the Land, or holds an obligation secured causes of action. It shall not be liable for examination under oath by any authorized by purchase money Mortgage given by a and will not pay the fees of any other representative of the Company and to purchaser from the Insured, or only so counsel. The Company will not pay any produce for examination, inspection, and long as the Insured shall have liabilityby fees, costs, or expenses incurred by the copying, at such reasonable times and reason of warranties in any transfer or Insured in the defense of those causes of places as may be designated by the conveyance of the Title.This policy shall action that allege matters not insured authorized representative of the not continue in force in: favor of any against by this policy. Company, all records, in whatever purchaser from the Insured of either(i) an (b)The Company shall have the medium 'maintained, including books, estate or interest in the Land, or (ii) an right, in addition to the options:contained ledgers, checks, memoranda, obligation secured by a purchase money in Section 7 of these Conditions, at its correspondence, reports, e-mails, disks, Mortgage given to the Insured. own cost, to institute and prosecute any tapes, and videos whether bearing a date 3. NOTICE OF CLAIM TO BE GIVEN action or proceeding or to do any other before or after Date of Policy, that BY INSURED CLAIMANT act that in its opinion may be necessary or reasonably pertain to the loss or damage. The Insured shall notify the Company desirable to establish the Title,as insured, Further, if requested by any authorized promptly in writing (i) in case: of any or to prevent or reduce loss or damage to representative of the Company, the litigation as set forth in Section 5(a) of the Insured. The Company may take any Insured Claimant shall grant its these Conditions, '(ii) in case knowledge appropriate action under the terms of this permission, in writing, for any authorized shall come to an Insured hereunder of any policy, whether or not it shall be liable to representative of the Company to claim of title or interest that is adverse to the Insured. The exercise of these rights examine, inspect, and copy all of these the Title, as insured, and that might cause shall not be an admission of liability or records in the custody or control of a_third loss or damage for which the Company waiver of any provision of this policy. If party that reasonably pertain to the loss may be liable by virtue of this policy, or the Company exercises its rights under or damage. Ail information designated as (iii) if the Title, as insured, is rejected as this subsection, it must dorso diligently. confidential by the Insured Claimant Unmarketable Title. If the Company is (c) Whenever the Company brings provided to the Company pursuant to this prejudiced` by the failure of the Insured an action or asserts a defense as required Section shall not be disclosed to others Claimant to provide prompt notice, the or permitted'by this policy, the Company unless, in the reasonable judgment of the Company's liability to the Insured may pursue the litigation to a final Company, it is necessary in the Claimant under the policy shall be reduced determination by a court of competent administration of the claim. Failure of the to the extent of the prejudice. jurisdiction, and it expressly reserves the Insured Claimant to submit for 4. PROOF OF LOSS right, in its sole discretion, to appeal from examination under oath, produce any In the event the Company is unable any adverse judgment or order. reasonably requested information, or to determine the amount of loss or 6. DUTY OF INSURED CLAIMANT TO grant permission to secure reasonably damage, the Company may, at its option, COOPERATE necessary information from third parties' require as a condition of payment that the (a) In all cases where this policy as required in this subsection, unless Insured Claimant'furnish a signed proof of permits or requires the Company to prohibited by law or governmental loss. The proof of loss must describe the prosecute or provide for the defense of regulation, shall terminate any liability of defect, lien, encumbrance,,or other matter any action or proceeding and any appeals, the Company under this policy as:to that insured against by this policy that the Insured shall secure to the Company claim. constitutes the basis of loss or damage the 'right to so prosecute or provide 7. OPTIONS TO PAY OR OTHERWISE and shall state, to the extent possible, the defense in the action or proceeding, SETTLE CLAIMS; TERMINATION OF basis of calculating the amount of the loss including the right to use, at its option, LIABILITY or damage. the name of the Insured for this purpose. In case of a claim under this policy, Whenever requested by the Company, the the Company shall have the following Insured, at the Company's expense, shall additional options: give the Company all reasonable aid (i),in 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMM it ICA 14 members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land `nN)550C1ATION nTION. Title Association. It Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 (a) To Pay or Tender Payment of of the Title subject to the risk insured deemed a payment to the Insuredunder the Amount of Insurance. against by this policy. this policy. To pay> or tender payment of the (b)If the Company pursues its rights 12. PAYMENT OF LOSS Amount of Insurance under this policy under Section 5 of these Conditions and is When liability and the extent of loss together with any costs, attorneys' fees, unsuccessful in establishing the Title, as or'damage have been definitely fixed in and expenses incurred by the 'Insured insured, accordance with these Conditions, the Claimant that were authorized by the (i) the Amount of Insurance payment shall be made within 30 days. Company up to the time of payment or shall be increased by 10%, and 13. RIGHTS OF RECOVERY UPON tender of payment and that the Company (ii) the Insured Claimant shall PAYMENT OR SETTLEMENT is obligated to pay, have the right to have the loss or damage (a) Whenever the Company shall Upon the exercise by the Company of determined either as of the date the claim have settled and paid a claim, under this this options, all liability and obligations of was made by the Insured Claimant or as policy, it shall be subrogated and entitled the 'Company to the Insured under this of the date itis settled and paid. to the rights of the Insured Claimant in policy, other than to make the payment- (c) In addition to the extent of the Title and all other rights and remedies required in this subsection, shall liability under (a) and (b), the Company in respect to the claim that the Insured terminate, including any liability or will also pay those costs, attorneys' fees, Claimant has against any person or obligation to defend, prosecute, or and expenses incurred in accordance with property, to the extent of the amount of continue any litigation. Sections 5 and 7 of these'Conditions. any loss, costs, attorneys' fees, and (b) To Pay or Otherwise Settle 9. LIMITATION OF LIABILITY expenses paid by the Company. If With Parties Other Than the Insured (a) If the Company establishes the requested by the Company, the Insured` or With the Insured`Claimant. Title, or removes the alleged defect, Dien Claimant shall execute documents to (i) To pay or otherwise settle or encumbrance, or cures the lack of a evidence the transfer to the Company of with other parties for or in the name of an right of access to or from the Land, or these rights and remedies. The Insured Insured Claimant any claim insured' cures the claim of Unmarketable Title, all Claimant shall permit the Company to against under this policy. In addition, the as insured, in a reasonably diligent; sue, compromise, or settle in the name of Company will pay any costs, attorneys' manner by any method, including the Insured Claimant and to use the name fees, and expenses incurred by the litigation and the completion of any of the Insured Claimant in any transaction Insured Claimant that were authorized by appeals, it shall have fully performed its or litigation involving these rights and the Company up to the time of payment; obligations with respect to that matter remedies. and thattheCompany is>obligated'to pay; and shall not be Liable for any loss or If a payment on account of a claim or damage caused to the Insured. does not fully cover the loss of the (ii) To pay or otherwise settle (b) In the event of any litigation, Insured Claimant, the Company shall with the Insured Claimant the loss or including litigation by the Company or defer the exercise of its right to recover damage provided for under this policy, with the Company's consent, the until after the Insured Claimant shall have together with any costs, attorneys' fees, Company shall have no liability for loss or recovered its loss. and expenses incurred by the Insured' damage until there has been a final (b)The Company's right of Claimant that were authorized by the determination by a court of competent subrogation includes the rights of the Company up to the time of payment;and jurisdiction, and disposition of all appeals, Insured to indemnities, guaranties, other that the Company is obligated to pay. adverse to the Title,as insured. policies of insurance, or bonds, Upon the exercise by the Company of (c) The Company shall not be liable, notwithstanding any terms or conditions either of the options provided for in for loss or damage to the Insured for contained in those instruments that subsections (b)(i) or (ii), the Company's liability voluntarily assumed by the address subrogation;rights. obligations to the Insured under this Insured in settling any claim or suit 14. ARBITRATION policy for the claimed loss or damage, without the prior written consent of the Either the Company or the Insured other than the payments required to be Company. may demand that the claim or controversy made, shall terminate, including any 10. REDUCTION OF INSURANCE; shall be submittedto arbitration pursuant liability or obligation to defend, prosecute, REDUCTION OR TERMINATION OF to the Title Insurance Arbitration Rules of or continue any litigation. LIABILITY the American Land Title Association 8. DETERMINATION AND EXTENT OF All payments under this policy, except ("Rules")'. Except as provided in the Rules, LIABILITY payments made for costs, attorneys'fees, there shall be no joinder or consolidation This policy is a contract of indemnity and expenses, shall reduce the Amount of with claims or controversies of other against actual monetary loss or damage Insurance by the amount of the payment. persons. Arbitrable matters may include, sustained or incurred by the Insured 11 LIABILITY NONCUMULATIVE but are not limited to, any controversy or Claimant who has suffered loss or damage The Amount of Insurance shall be claim between the Company and the by reason of matters insured against by reduced by any amount the Company Insured arising out of or relating to this this policy. pays under any policy insuring a Mortgage policy, any service in connection with its (a) The extent of liability of the to which exception is taken in Schedule B issuance or the breach of a policy Company for loss or damage under this or to which the Insured has agreed,; provision, or to any other controversy or policy shall not exceed the lesser of assumed, or taken subject, or which is claim arising out of the transaction giving (I) the Amount of Insurance; or executed by an Insured after Date of rise to this policy. All arbitrable matters (ii) the difference between the Policy and which is a charge or lien on the when the Amount of Insurance is value of the Title as insured and the value Title, and the amount so paid shall be $2,000,000 or less shall` be arbitrated at 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association.All rights reserved.The use of thisFormis restricted to ALTA licensees and ALTA AM Ertl CAN members in good standing as of the date of use.All other uses are prohibited._Reprinted under license from the American Land `""u r"" Title:Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81.306-1-15-09307760 the option of either the Company or the authorized person, or expressly remedies, or enforcement of policies of Insured. All arbitrable matters when the incorporated by Schedule A of this policy. title insurance of the jurisdiction where Amount of Insurance is in excess of (d) Each endorsement to this policy the Land is located. $2,000,000 shall be arbitrated only when issued at any time is made a part of this Therefore, the court or an arbitrator agreed to by both the Company and the policy and is subject to all of its terms and shall apply the law of the jurisdiction Insured. Arbitration pursuant to this policy provisions. Except as the endorsement where the Land is located to determine and under the Rules shall be binding upon expressly states, it does not (i) modify the validity of claims against the Title that the parties. Judgment upon the award any of the terms and provisions of the are adverse to the Insured and to rendered by the Arbitrator(s) may be policy, (ii) modify any prior endorsement, interpret and enforce the terms of this entered in any court of competent (iii) extend the Date of Policy, or (iv) policy. In neither case shall the court or jurisdiction. increase the Amount of Insurance. arbitrator apply its conflicts of law 15. LIABILITY LIMITED TO THIS 16. SEVERABILITY principles to determine the applicable law. POLICY; POLICY ENTIRE CONTRACT In the event any provision of this (b)Choice of Forum: Any litigation or (a) This policy together with all policy, in whole or in part, is held invalid other proceeding brought by the Insured endorsements, if any, attached to it by or unenforceable under applicable law,the against the Company must be filed only in the Company is the entire policy and policy shall be deemed not to include that a state or federal court within the United contract between the Insured and the provision or such part held to be invalid, States of America or its territories having Company. In interpreting any provision of but all other provisions shall remain in full appropriate jurisdiction. this policy, this policy shall be construed force and effect. 18. NOTICES,WHERE SENT as a whole. 17. CHOICE OF LAW; FORUM Any notice of claim and any other (b)Any claim of loss or damage that (a) Choice of Law: The Insured notice or statement in writing required to arises out of the status of the Title or by acknowledges the Company has be given to the Company under this policy any action asserting such claim shall be underwritten the risks covered by this must be given to the Company at restricted to this policy. policy and determined the premium Commonwealth Land Title Insurance (c) Any amendment of or charged therefor in reliance upon the law Company, Attn: Claims Department, Post endorsement to this policy must be in affecting interests in real property and Office Box 45023, Jacksonville, Florida writing and authenticated by an applicable to the interpretation, rights, 32232-5023. 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AM FRICAId members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land AANo nr.e •SSSICI.TIOH Title Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 Commonwealth Land Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Lawyers Title Company 4100 Newport Place Dr. ,Suite 120 Newport Beach, CA 92660 Policy No.: CA-FXFC-IMP-81306-1-15-09307760 Order No.: 09307760-903-CMC Address Reference: 1625 REMAND BLVD, SAN BERNARDINO, CITY OF REDLANDS, CA 92375 Amount of Insurance: $40,000.00 Premium: $418.00 Date of Policy: April 22, 2015 at 8:23 a.m. 1. Name of Insured: City of Redlands, a municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Permanent and exclusive easements and rights of way over the land described in Exhibit "A" in Schedule A herein and as described and shown in that certain "Grant of Easement" recorded April 22, 2015 as Instrument No. 2015-0158890, Official Records. 3. Title is vested in: City of Redlands, a municipal corporation 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 81306A (6/06) 1 ALTA Owner's Policy 6/17/06 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AnXgKiCAN members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 EXHIBIT A LEGAL DESCRIPTI©N That portion of Parcel 1 of Parcel Map No. 2863, in the City of Redlands, County of San Bernardino, State of California, per map recorded in Book 30 Pages 68 and 69 of Parcel Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Northerly terminus of that certain course shown as having a bearing of North 001100'00" East and a length of 141.25 feet on the boundary line of said Parcel; thence along said certain course, South 00000'00"West, 10.00 feet to a line that is parallel with and 10.00 feet South of the Southerly right of way line of Redlands Boulevard as shown on said Parcel Map; thence along said parallel line, North 88043'40" West, 94.54 feet; thence North 84011'25" West, 126.37 feet to said Southerly right of way line of Redlands Boulevard; thence along said Southerly right of way line South 88043'40" East 220.20 feet to the point of beginning. The above-described parcel of land contains approximately 1,574 square feet. APN: 0292-157-16 81306A (6/06) 2 ALTA Owner's Policy 6/17/06 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land `AN°"Y`t essocisrnN Title Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 SCHEDULE B EXCEPTIONS FROM COVERAGE PART I This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. (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. 2. 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. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. 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. 5. (a) Unpatented 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. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. END OF SCHEDULE B— PART I 813066 (6/06) 3 ALTA Owner's Policy (6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Li ND TI LE Title Association. Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 SCHEDULE B PART II 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: pipelines Recording No: In Book 530, Page 294 of Deeds Affects: said land more particularly described therein. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: pipelines Recording No: In Book 32, Page 166 of Official Records Affects: said land more particularly described therein. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: pipelines Recording No: In Book 185, Page 291 of Official Records Affects: said land more particularly described therein. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The County of San Bernardino Purpose: highway and road Recording Date: August 31, 1966 Recording No: In Book 6690, Page 146 of Official Records Affects: a portion of said land 6. The matters contained in a document entitled "Agreement" recorded September 15, 1966 In Book 6697, Page 143 of Official Records. Reference is made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: General Telephone Purpose: underground conduits Recording Date: August 13, 1976 Recording No: In Book 8990, Page 1172 of Official Records Affects: a portion of said land 813066 (6/06) 4 ALTA Owner's Policy 6/17/06 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AAI ERI CAN members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land LANE TITLE .561)CITION Title Association. e Order No.: 09307760-903-CMC Policy No.: CA-FXFC-IMP-81306-1-15-09307760 SCHEDULE B-Part II (Continued) 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company, a Corporation Purpose: underground conduits Recording Date: September 3, 1976 Recording No: In Book 9005, Page 1096 of Official Records Affects: a portion of said land 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Parcel Map 2863 Recording Date: November 19, 1976 Recording No: In Book 30, Page(s) 68 and 69 of Parcel Maps Purpose: public use and public ways Affects: said land more particularly described therein. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company, a Corporation Purpose: underground conduits Recording Date: December 21, 1976 Recording No: In Book 9077, Page 1373 of Official Records Affects: a portion of said land 11. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Redlands Redevelopment Project Area Recording Date: December 5, 2007 Recording No: as Instrument No. 2007-0680912 of Official Records 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company, a corporation Purpose: public utilities Recording Date: September 2, 2014 Recording No: 2014-317997, of Official Records Affects: a portion of said land END OF SCHEDULE B -- Part II Endorsements: NONE ALTA Owner's Policy (6/17/06) Page 5 813078 (6/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land RAND TITIF snaATI— Title Association. a Y E 71 REDLA NDS `BQ�ULE 'ARD' ° NSa°43'401!14 i 0 588OA3'40"E o, ; ,tU _20.20. }}�� 500'.oc 00: i, 2 • `C'7 V84 y 1 "1� ' 94:54':' 10:"00 .. :1 ' 7' ;N88°43`40"Y! W NrU q AAA[.-0292-157-16 PARC 1LtAP ,NO., -286 ' P;sYC,.B. ; 30168 69z i— '. . \t ( � FWl E ) ,I INDICAMS W."A.i'etiAY EASEMENT TO 8E ACUR£U ® AREA = 1, 74 5F �U`REOLANt�` ANO EXHIBIT „g„ ALABAMA s BLVD.PROJECT ,tLit8ill�Ak ST,,IMP PRRlECT SHCET: ; CF S I APN 02924-15'-15'—� �LAIE:a/3l13 SK=TCI- TO kL'CbU`;�rrY CI'Y OF-REDLANDS DRAIN) BYt TLK . � CUNTY QF SAW,E?ERNAI;G140 t lFrasJotir T'�%�ti►4�r,� ,l:a�d "LEGAL DESCRIPTION' STATE CF �CAUFW(A SCALE-I"-50' i i� La�e�rs rI'1t1e� Lawyers Title tCompany 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 May 13, 2015 City Clerk's Office City of Redlands P.O. Box 3005 Redlands, California 92373 OUR NO.: 09307760 Property: 1625 REDLAND BLVD, CITY OF REDLANDS, CA 92375 Policy No.: CA-FXFC-IMP-81306-1-15-09307760 Dear Customer: On behalf of our company, please find your ALTA Standard Owners Policy of Title Insurance. NOTE: Your policy is a computer generated product. Although lacking color and "live"signatures, it is the original of your policy. Thank you for selecting our company for your transactional management needs. Enclosure