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Transmittal
12/29/2015
Order No:741687
Redlands City Manager
PO Box 3005
Redlands CA 92373
Enclosed please find 1 attached documents.
First American Title Company National Commercial Services
Page Count 10
Form No. 1402.06 �� �»'�.� Policy Page 1
ALTA Owner's Polity (6-17-06) y Q 4= Policy Number: 741687
1100302PO50600
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to 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 police power not covered by Covered Risk 5 if a notice of the
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE enforcement action,describing any part of the Land, is recorded
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a in the Public Records, but only to the extent of the enforcement
Nebraska corporation (the "Company'o insures, as of Date of Policy referred to in that notice.
and, to the extent stated in Covered Risks 9 and 10, after Date of 7. The exercise of the rights of eminent domain if a notice of the
Policy, against loss or damage, not exceeding the Amount of exercise, describing any part of the Land, is recorded in the
Insurance,sustained or incurred by the Insured by reason of: Public Records.
1. Title being vested other than as stated in Schedule A. 8. Any taking by a governmental body that has occurred and is
2. Any defect in or lien or encumbrance on the Title. This Covered binding on the rights of a purchaser for value without Knowledge.
Risk includes but is not limited to insurance against loss from 9. Title being vested other than as stated in Schedule A or being
(a) A defect in the Title caused by defective
(1) forgery, fraud, undue influence, duress, incompetency, (a) as a result of the avoidance in whole or in part, or from a
incapacity,or impersonation; court order providing an alternative remedy,of a transfer of
(ii) failure of any person or Entity to have authorized a all or any part of the title to or any interest in the Land
transfer or conveyance; occurring prior to the transaction vesting Title as shown in
(iii) a document affecting Title not properly created, Schedule A because that prior transfer constituted a
executed,witnessed,sealed,acknowledged,notarized,or fraudulent or preferential transfer under federal bankruptcy,
delivered; state insolvency,or similar creditors'rights laws;or
(iv)failure to perform those acts necessary to create a (b) because the instrument of transfer vesting Title as shown in
document by electronic means authorized by law; Schedule A constitutes a preferential transfer under federal
(v) a document executed under a falsified, expired, or bankruptcy,state insolvency, or similar creditors'rights laws
otherwise invalid power of attorney; by reason of the failure of its recording in the Public Records
(vi)a document not properly fled, recorded, or indexed in (i) to be timely,or
the Public Records including failure to perform those acts (ii) to impart notice of its existence to a purchaser for value
by electronic means authorized by law;or or to a judgment or lien creditor.
(vii)a defective judicial or administrative proceeding. 10. Any defect in or lien or encumbrance on the Title or other matter
(b) The lien of real estate taxes or assessments imposed on the included in Covered Risks 1 through 9 that has been created or
Title by a governmental authority due or payable,but unpaid. attached or has been filed or recorded in the Public Records
(c) Any encroachment, encumbrance, violation, variation, or subsequent to Date of Policy and prior to the recording of the
adverse circumstance affecting the Title that would be deed or other instrument of transfer in the Public Records that
disclosed by an accurate and complete land survey of the vests Title as shown in Schedule A.
Land. The term "encroachment" includes encroachments of
existing improvements located on the Land onto adjoining The Company will also pay the costs, attorneys'fees, and expenses
land, and encroachments onto the Land of existing incurred in defense of any matter insured against by this policy, but
improvements located on adjoining land. only to the extent provided in the Conditions.
3. Unmarketable Title.
4. No right of access to and from the Land. First American Title Insurance Company
S. 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 0,�nnls,l (sIlln6r r
(d) environmental protection t resdont
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. ,lF Huly S f ob-.nsan
6. An enforcement action based on the exercise of a governmental Secrc+wn
Form No. 1402.06 Policy Page 2
ALTA Owner's Policy(6-17-06) Policy Number:741687
EXCLUSIONS FROM COVERAGE (ii) With regard to (A) (B), (C), and (D)reserving,however, all rights
The following matters are expressly excluded from the coverage of this policy,and and defenses as to any successor thattheCompany would have had
the Company will not pay loss or damage,costs,attorneys'flees,or expenses that against any predecessor Insured.
arise by,reason of: (e) "Insured Claimant":An Insured claiming loss or damage.
1. (a) Any law, ordinance, permit,or governmental regulation (including those (f) "Knowledge"or "Known": Actual knowledge, not constructive:knowledge
relating to building and zoning) restricting, regulating, prohibiting, or or notice that may be imputed to an Insured by reason of:the Public
relating to Records or any other records that impart,constructive;notice of matters
(i) the occupancy,use,or enjoyment of the Land•, affecting the Title.
(ii)the character,dimensions,or location of any improvement erected on (g) "Land":The land described in Schedule A,and affixed improvements that
the Land by law constitute real property. The term "Land"does not include any
(iii) the subdivision of land;or property beyond the fines of the area described in Schedule A, nor any
(iv)environmental protection right, title, interest, estate, or easement in abutting streets, roads,
or the effect of any violation of these laws, ordinances, or governmentalavenues, alleys, lanes, ways, or waterways, but this does not modify or
regulations.This Exclusion 1(a)does not modify or limit the coverage provided' limit the extent that a right of access to and from the Land is insured by
under Covered Risk 5. this policy.
(b) Any,governmental police power.This Exclusion 1(b)does not modify or (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
limit the coverage provided under Covered Risk 6. instrument, including one evidenced by electronic means authorized by
2. Rights of eminent domain. This Exclusion does not modify or limit the law.
coverage provided under Covered Risk 7 or 8. (1) "Public Records": Records established under state statutes at Date of
3. Defects,liens,encumbrances,adverse claims,or other matters Polity for the purpose of imparting constructive notice of matters relating
(a)' created,suffered,assumed,or agreed to by the Insured Claimant;_ to real property to purchasers for value and without Knowledge.With
(b) not Known the Company,not recorded in the Public Records at Date of respect to Covered Risk 5(d), "Public Records" shall also include
Policy,but Known to the Insured Claimant and not disclosed in writing to environmental protection liens filed in the,records of the clerk of the
the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located.
Claimant became an Insured under this policy (j) "Title":The estate or interest described in Schedule A.
(c) resulting,inno loss or damage to the Insured Claimant; (k) "Unmarketable Title".Title affected by an alleged or apparent matter that
(d) attaching or created subsequent to Date of Policy(however,this does not would permit;a prospective purchaser or lessee of the Title or lender on
modify or limit the coverage provided under Covered Risks 9 and 10);or the Title to be released from the obligation to purchase, lease,or lend if
(e) resulting in loss or damage that would not have been sustained if the there is a contractual condition requiring the,delivery of marketable title.
Insured Claimant had paid value for the Title.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency, 2. CONTINUATION OF INSURANCE
or similar creditors'rights laws,that the transaction vesting the Title as shown, The coverage of this policy shall continue in force as of Date of Policy in flavor
in Schedule A,is of an Insured,but only so long as the Insured retains an estate or interest in the
(a) a fraudulent conveyance or fraudulent transfer;or Land, or holds an obligation secured by a purchase money Mortgage given by'a
(b)` a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as theInsuredshall have liability by
policy. reason of warranties in any transfer or conveyance of the Title.This policy shall not
5. Any lien on the Title for real estate taxes or assessments imposed by continue in force in favor of any purchaser'from the Insured of either(i)an estate
governmental authority and created or attaching between Date of Polity and or interest in the Land,or(ii)an obligation secured by purchase money Mortgage
the date of recording of the deed or other instrument of transfer in the Public given to the Insured.
Records that vests Title as shown in Schedule A.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT'
CONDITIONS The:Insured shall notify the Company promptly in writing (i) in case of any
1. DEFINITION OF TERMS litigation as set forth in Section 5(a) of these Conditions, (ii) in Knowledge
The following terms when used in this policy mean: shall come to an Insured hereunder of any claim of title or interest that is adverse
(a) "Amount of Insurance": The amount stated in Schedule A,as may be to the Title, as insured, and that might cause,loss or damage for which the
increased or decreased by endorsement to this polity, increased by Company may;be liable by virtue of this policy, or<(ii) if the Title,as insured, is
Section 8(b),or decreased by Sections 10 and 11 of these Conditions, rejected as Unmarketable Title.If the Company is prejudiced by the failure of the
(b) "Date of Policy":The date designated as"Date of Policy"in Schedule A. Insured Claimant to provide prompt notice,the Company's liability to the Insured
(c) "Entity": A corporation,;partnership, trust, limited liability company, or Claimant under the policy shall be reduced to the extent of the prejudice.
other similar legal entity.
(d) Insured":The Insured named in Schedule A. 4. PROOF OF LOSS
(1) The term"Insured"also includes In the event the Company is unable to determine the amount of loss or
(A) successors to the Title of the Insured by operation of law as damage,the Company may, at its option, require as<a condition of payment that
distinguished from purchase,including heirs,devisees,survivors,- the Insured Claimant furnish a signed proof of loss.The proof of loss must describe
personal representatives,or next of kin; the defect, lien, encumbrance,or other matter insured against by this policy that
(8) successors to an Insured by;dissolution,merger,;consolidation, constitutes the basis of loss or damage and shall state,to the extent possible,the
distribution,or reorganization; basis of calculating the amount of the loss or damage.
(C) successors town Insured by its conversion to another kind of
Entity;; S. DEFENSE AND PROSECUTION OF ACTIONS
(D) a_grantee of an Insured under a deed rdelivered without (a) Upon written request,by the Insured,and subject to the options contained
payment of actual valuable consideration conveying the Title in Section 7 of these Conditions,the Company,at its own cost and without
(1) if the stock,shares,memberships,;or other equity interests: unreasonable delay, shall provide for the defense of an Insured in
of the grantee are wholly-owned by the named Insured, litigation in which any;third;party asserts a claim covered by this policy
(2) if the grantee wholly owns the named Insured, adverse to the Insured. This obligation is limited to only those stated
(3) if the,grantee is wholly-owned by an affiliated Entity of the causes of action alleging matters insured against by this policy. The
named Insured, provided the affiliated Entity and the Company shall have the right to select counsel of its choice(subject to the
named insured are both wholly-owned by the same person right of the Insured to object for reasonable cause) to represent the
or Entity,or Insured as to those stated causes of action.It shall not be liable for and
(4) if the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel.The Company will not pay any
by a written instrument established by the Insured named fees,costs,or expenses incurred by the Insured in the defense of those
in Schedule A for estate planning purposes. causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right,in addition to the options contained in
First American Title Insurance Company
Form No. 1402.06 Policy Page 3
ALTA Owner's Policy(6-17-06) Policy Number:741687
` Section 7 of these Conditions,at its own cost,to institute and prosecutes attorneys'fees,,and expenses incurred by the Insured Claimant that were
any action or proceeding or to do any other act that in its opinion may be authorized by the Company up to the time of payment and that the
necessary or desirable to establish the Title,as insured,or to prevent or Company is obligated to pay.
reduce loss or damage to the Insured. The Company may take any Upon the exercise'by the Company of either of the options provided for in
appropriate action under the terms of this policy, whether or not it shall subsections'(b)(i)or(ii),the Company's obligations to the Insured under this
be liable to the Insured. The exercise of these rights shall not be an policy for the claimed loss or damage,other than the payments required to be
admission of liability or waiver of any provision of this policy. If the made,shall terminate,including any liability or obligation to defend,prosecute,
Company exercises its rights under this subsection, it must do_so or continue any litigation.
diligently.
(c) Whenever the Company brings an or asserts a defense as required S. DETERMINATION AND EXTENT OF LIABILITY
or permitted by this policy,the Company may pursue the litigation to a This policy is a contract of indemnity against actual monetary loss or damage
final determination by a court of competent jurisdiction, and it;expressly sustained or incurred by the Insured Claimant who has suffered loss or damage by
reserves the right, in its sole discretion,to appeal any adverse judgment reason of matters insured against by this policy.
or order. (a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
6. DUTY OF INSURED CLAIMANT TO COOPERATE (1) the Amount of Insurance;or
(a) In all cases where this policy permits or requires the'Company to (ii) the difference between the value of the Title as insured and the value
prosecute or provide for the defense of any`action or proceeding and any of the Title subject to theriskinsured against by this policy.
appeals, the Insured shall secure to the Company the right to so (b) If the Company pursues its rights under Section 5 of these Conditions and
prosecute or provide defense in the action or proceeding, including the is unsuccessful in establishing the Title,as insured,
right to use,at its option, the name of the Insured for this purpose. (i) the Amount of Insurance shall be increased by 10%,and
Whenever requested by the Company, the Insured, at the Company's (ii) the Insured Claimant shall have the right to have the loss or damage
expense, shall give the Company all reasonable aid (i) in securing determined either as of the date the claim was made by the Insured
evidence, obtaining witnesses, prosecuting or defending the action or Claimant or of the date it is settled and paid,
proceeding,or effecting settlement,and(ii)in any other lawful act that in (c) In addition to the extent of liability under(a)and (b),the Company will
the opinion of the Company may be necessary or desirable to establish also pay those costs,attorneys'fees,and expenses incurred in accordance
the Title or any other matter as insured.If the Company is prejudiced by with Sections 5 and 7 of these Conditions.-
the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate, 9. LIMITATION OF LIABILITY
Including any liability or obligation to defend,prosecute,or continue any` (a) If the Company establishes the Title,or removes the alleged defect,lien,;
litigation, with regard to the matter or matters requiring such or encumbrance, or cures the lack of a right of access to or from the
cooperation. Land, or cures the claim of Unmarketable Title; all as insured, in a
(b) The Company may reasonably require the Insured Claimant to submit to reasonably,diligent manner by any method, including litigation and the:
examination under oath by any authorized representative of the Company completion of any appeals, it shall have fully performed its obligations
and to produce for examination, inspection, and copying, at such with respect to that matter and shall not be liable for any loss or damage
reasonable times and places as may be designated by the authorized caused to the Insured.
representative of the Company, all records, in whatever medium (b) In the event of any litigation,including litigation by the Company or with
maintained, including books, ledgers, checks, memoranda, the Company's consent, the Company shall have no liability for loss or
correspondence, reports, e-mails, disks, tapes, and videos whether= damage until there has been a Bnal determination by a court of
bearing a date before or after Date of Policy, that reasonably pertain to competent jurisdiction,and disposition of all appeals,adverse to the Title,
the loss or damage. Further, if requested by any authorized' as insured.
representative of the Company, the Insured Claimant'shall grant its: (c) The Company shall not be liable for loss or damage to the Insured for
permission,in writingr for any authorized representative of the Company liability voluntarily assumed by the Insured in settling any claim or suit
to examine, inspect, and copy all of these records in the custody or without the prior written consent of Company.
control of a third party thatreasonablypertain to the loss or damage.All
information designated as confldential by the Insured Claimant provided 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
to the Company pursuant to this Section shall not be disclosed to others' LIABILITY
unless,in the reasonable judgment of the Company,it is necessary in the All payments under this policy, except payments made for costs,attorneys'
administration of the claim.Failure of the Insured'Claimant to submit for fees, and expenses, shall reduce,the Amount of Insurance by the amount of the
examination under oath, produce any reasonably requested information, payment.
or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or 11. LIABILITY NONCUMULATIVE
governmental regulation, shall terminate any liability of the Company The Amount of Insurance shall be reduced by any amount the Company pays
under this policy as to that claim. under any policy insuring a Mortgage to which exception is taken in Schedule B or
to which the Insured has agreed,assumed,or taken subject,or which is executed
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or lien on the Title, and
OF LIABILITY the amount so`paid shall be deemed a payment to the Insured under this policy.
In case of a claim under this policy, the Company shall have the following
additional options: 12. PAYMENT OF LOSS
(a) To Pay or Tender Payment of the Amount of Insurance. When liability and the extent of loss or damage have been definitely`fixed in
To pay or tender payment of the AmountofInsurance under this policy accordance with these Conditions,the payment shall be made within 30 days.
together with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of` 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT`
payment or tender of payment and that the Company is obligated to pay. (a) Whenever the Company shall have settled'and paid a claim under this
Upon;the exercise by the Company of this option, all liability and policy, it shall be subrogated and entitled to the rights of the Insured
obligations of the Company to the Insured under this policy,other than to Claimant in the Title and all other rights and remedies in respect to the
make the payment required in this subsection,shall terminate, including claim that the Insured Claimant has against any person or property,to the
any liability or obligation to defend,prosecute,or continue any litigation, extent of the amount of any loss, costs, attorneys'fees, andexpenses
(b) To Pay or Otherwise-Settle`With parties Other Than the Insured or With paid by the Company.If requested by the Company,the Insured Claimant
the Insured Claimant. shall execute documents to evidence the transfer to the Company of these
(1)` To payor otherwise settle with other parties for or in the name of an rights and remedies.The Insured Claimant shall permit the Company to
Insured Claimant any claim insured against under this policy.'In sue, compromise, or settle in the name of the Insured Claimant and to
addition, the Company will, pay any costs, attorneys'fees, and use the name of the Insured Claimant in any transaction or litigation
expenses incurred by the Insured Claimant that were authorized by involving these rights and remedies.
the Company up to the time of payment and that the Company is If a payment on account of a claim does not fully cover the loss of the
obligated to pay;;or Insured Claimant,the Company shall defer the;exercise of its right to
(1i) To pay`or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss.
damage provided for under this policy, together with any costs,
First American Title Insurance Company
Form No. 1402.06 Policy Page 4
ALTA Owner's Policy(6-17-06) Policy Number:741667
(b) The Company's right of subrogation includes the rights of the Insured to (d) Each endorsement to this policy issued at any time is made a part of this
indemnities, guaranties, other policies of insurance, or bonds, policy and is subject to all of its terms and provisions. Except as the
notwithstanding any terms or conditions contained in those instruments endorsement expressly states,it does not(i)modify any of the terms and
that address subrogation rights. provisions of the polity,(ii)modify any prior endorsement,(iii)extend the
Date of Polity,or(iv)increase the Amount of Insurance.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy 16. SEVERABILITY
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this policy,in whole or in part,is held invalid or
the American Land Title Association ('Rules'l. Except as provided in the Rules, unenforceable under applicable law,the policy shall be deemed not to include that
there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be invalid,but all other provisions shall remain in full
persons.Arbitrable matters may include,but are not limited to,any controversy or force and effect.
claim between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a policy 17. CHOICE OF LAW;FORUM
provision,or to any other controversy or claim arising out of the transaction giving (a) Choice of Law:The Insured acknowledges the Company has underwritten
rise to this policy. All arbitrable matters when the Amount of Insurance is the risks covered by this policy and determined the premium charged
$2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests in real property and
Insured. All arbitrable matters when the Amount of Insurance is in excess of applicable to the interpretation, rights, remedies, or enforcement of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title insurance of the jurisdiction where the Land is located.
Insured. Arbitration pursuant to this polity and under the Rules shall be binding Therefore,the court or an arbitrator shall apply the law of the jurisdiction
upon the parties.Judgment upon the award rendered by the Arbitrator(s)may be where the Land is located to determine the validity of claims against the
entered in any court of competent jurisdiction. Title that are adverse to the Insured and to interpret and enforce the
terms of this policy.In neither case shall the court or arbitrator apply its
15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law.
(a) This policy together with all endorsements, if any, attached to it by the (b) Choice of Forum: Any litigation or other proceeding brought by the
Company is the entire policy and contract between the Insured and the Insured against the Company must be filed only in a state or federal court
Company.In interpreting any provision of this policy,this policy shall be within the United States of America or its territories having appropriate
construed as a whole. jurisdiction.
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim shall be restricted to this polity. 18. NOTICES,WHERE SENT
(c) Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be
authenticated by an authorized person, or expressly incorporated by given to the Company under this policy must be given to the Company at 1 First
Schedule A of this policy. American Way,Santa Ana,CA 92707,Attn:Claims Department.
POLICE' OF TITLE INSURANCE
A m & R I C 11
IV
First American Title Insurance Company
Form No.1402.86 Policy Page 5
ALTA Owner's Policy(6-17-86) Policy Number:741687
SCHEDULE A
First American Title Insurance Company
Name and Address of the issuing Title Insurance Company:
First American Title Insurance Company
3281 E Guasti Road, Suite 440
Ontario, CA 91761
File No.: NCS-741687-ONTI Policy No.: 741687
Address Reference: Vacant Land, Redlands, CA
Amount of Insurance: $533,500.00 Premium: $2,192.00
Date of Policy: December 16, 2015 at 4:27 P.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:
Fee as to Parcels 1 and 2, an Easement as to Parcel 3
3. Title is vested in:
City of Redlands, a municipal corporation
4. The Land referred to in this policy is described as follows:
Real property in the City of Redlands, County of San Bernardino, State of California, described as
follows:
PARCEL 1:
BEING THAT PORTION OF LOTS 5 AND 6 OF BLOCK 79 OF RANCHO SAN BERNARDINO, AS PER
PLAT ON FILE IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY AND STATE, LYING
SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 6, BLOCK 79 WHICH IS ALSO THE
SOUTHWEST CORNER OF BLOCK 161 OF SUBDIVISION NO. 4 OF PART OF DUNLAP RANCH, AS
PER PLAT ON FILE IN BOOK 21, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY AND STATE;
THENCE EAST, ALONG THE SOUTH LINE OF SAID BLOCK 161, A DISTANCE OF 977.80 FEET,TO
A POINT BEING 21.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID BLOCK 161;
THENCE SOUTH 050 20' 15" EAST, A DISTANCE OF 361.94 FEET;
THENCE SOUTH 570 50' 45" EAST, A DISTANCE OF 356.12 FEET;
THENCE SOUTH 270 51' 13" EAST, A DISTANCE OF 629.25 FEET;
THENCE SOUTH 030 08' 00" EAST, A DISTANCE OF 686.00 FEET;
THENCE SOUTH 380 06' 00" EAST, A DISTANCE OF 666.33 FEET;
THENCE SOUTH 440 14' 00" WEST,A DISTANCE OF 482.56 FEET, TO A POINT HEREINAFTER
KNOWN AS POINT"A";
THENCE SOUTH 830 23' 00" WEST, A DISTANCE OF 168.55 FEET;
THENCE SOUTH 140 00' 45" EAST, A DISTANCE OF 115.65 FEET,
THENCE NORTH 830 16' 00" EAST, A DISTANCE OF 337.84 FEET,
THENCE NORTH 630 0600" EAST, A DISTANCE OF 335.02 FEET;
THENCE SOUTH 770 18' 45" EAST(RECORDED SOUTH 870 18' 45" EAST BY DEED RECORDED
JANUARY 28, 1955 IN BOOK 3556 OF OFFICIAL RECORDS, PAGE 295), A DISTANCE OF 82.57
First American Title Insurance Company
Form No.1402.06 Policy Page 6
ALTA Owner's Policy(6-17-06) Policy Number:741687
FEET,TO A POINT IN THE CENTERLINE OF LIVE OAK CANYON ROAD, AS SAID LINE WAS
DETERMINED AND ESTABLISHED BY THE SAN BERNARDINO COUNTY SURVEYOR IN JULY 1950,
SAID POINT BEING LOCATED, SOUTH 120 41' 15" WEST(COUNTY RECORDS INDICATE: SOUTH
120 43' 00"WEST) A DISTANCE OF 87.22 FEET FROM AN ANGLE POINT IN SAID CENTERLINE
AS SO ESTABLISHED AND SAID POINT ALSO BEING LOCATED NORTH 470 20' WEST, A
DISTANCE OF 34.64 FEET FROM THE NORTHWEST CORNER OF THE PROPERTY CONVEYED TO
MARSHALL G. RICHARDSON BY DEED RECORDED JANUARY 25, 1954, IN BOOK 3316, PAGE 18
OF OFFICIAL RECORDS.
EXCEPT THEREFROM ANY PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 5, BLOCK 79, NORTH 00° 59' 36"
EAST, A DISTANCE OF 918.87 FEET ALONG SAID WEST LINE FROM THE INTERSECTION OF THE
CENTERLINE OF LIVE OAK CANYON ROAD;
THENCE NORTH 830 57' 43" EAST, A DISTANCE OF 1556.55 FEET;
THENCE SOUTH 500 30' 59" EAST, A DISTANCE OF 281.09 FEET,TO THE AFOREMENTIONED
POINT"A", WHICH IS AN ANGLE POINT IN THE EAST LINE OF THE PROPERTY CONVEYED TO
LLOYD E. MC LAUGHLIN BY DEED RECORDED JANUARY 28, 1955 IN BOOK 3556, PAGE 295 OF
OFFICIAL RECORDS OF SAID COUNTY AND STATE.
PARCEL 2:
THAT PORTION OF BLOCK 161 OF SUBDIVISION NO. 4 OF A PART OF THE DUNLAP RANCH, AS
PER PLAT ON FILE IN BOOK 21, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY AND STATE,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 161;
THENCE EAST, ALONG THE SOUTH LINE OF SAID BLOCK 161, A DISTANCE OF 998.80 FEET, TO
THE SOUTHEAST CORNER OF SAID BLOCK 161;
THENCE NORTH 240 51' 00"WEST, ALONG THE EASTERLY BOUNDARY OF SAID BLOCK 161, A
DISTANCE OF 53.60 FEET;
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY, NORTH 340 20' 00" WEST, A
DISTANCE OF 12.77 FEET, TO A POINT IN THE SIDELINE OF HIGHVIEW DRIVE AS SHOWN ON
SAID MAP, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
TO THE NORTHEAST, HAVING A RADIUS OF 62.40 FEET AND AN INITIAL RADIAL BEARING OF
SOUTH 030 03' 10" EAST;
THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE, AND SAID SIDE LINE, THROUGH A
CENTRAL ANGLE OF 580 43' 10", AN ARC LENGTH OF 63.95 FEET, TO A TANGENT LINE, SAID
TANGENT LINE ALSO BEING ON THE SIDELINE OF SAID HIGHVIEW DRIVE;
THENCE NORTH 340 20' 00" WEST, ALONG SAID SIDELINE,A DISTANCE OF 24.77 FEET,TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 20.00
FEET;
THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90° 00' 00" AN ARC
DISTANCE OF 31.42 FEET,TO A TANGENT LINE;
THENCE SOUTH 550 40' 00" WEST,A DISTANCE OF 48.36 FEET;
THENCE NORTH 600 44' 16" WEST,A DISTANCE OF 414.65 FEET;
THENCE SOUTH 890 36' 02" WEST, (RECORDED AS WEST ON DEED RECORDED SEPTEMBER 24,
2009 AS DOCUMENT NO. 2009-0417126 O.R.) A DISTANCE OF 129.27 FEET, TO A POINT THAT
IS NORTH 890 36' 02" EAST,A DISTANCE OF 8.81 FEET FROM THE SOUTHEAST CORNER OF
THAT PARCEL DEEDED TO THE WESTERN HEIGHTS WATER COMPANY ON NOVEMBER 5, 1925
IN BOOK 26, PAGE 375 OF OFFICIAL RECORDS OF SAID COUNTY AND STATE;
THENCE SOUTH 220 S9' 20" WEST,A DISTANCE OF 69.77 FEET;
THENCE NORTH 320 42' 00" WEST,A DISTANCE OF 90.61 FEET, TO THE SOUTHERLY LINE OF
LAND CONVEYED TO THE WESTERN HEIGHTS WATER COMPANY ON NOVEMBER 5, 1925 IN
BOOK 26, PAGE 375 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 790 50' 00" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 53.30
FEET;
THENCE SOUTH 45° 14' 00" WEST, A DISTANCE OF 25.23 FEET;
THENCE NORTH 840 46' 27" WEST, A DISTANCE OF 42.77 FEET;
First American Title Insurance Company
Form No.1402.06 Policy Page 7
ALTA Owner's Policy(6-17-06) Policy Number:741687
THENCE NORTH 01° 14' 12" WEST, A DISTANCE OF 100.81 FEET;
THENCE NORTH 850 24' 44" WEST, A DISTANCE OF 169.88 FEET,TO A POINT IN THE WEST
LINE OF SAID BLOCK 161, SAID POINT BEING THE NORTHWEST CORNER OF LAND CONVEYED
TO LARRY JACINTO, TRUSTEE OF THE LARRY JACINTO LIVING TRUST AND DESCRIBED ON
DEED RECORDED SEPTEMBER 24, 2009 AS DOCUMENT NO. 2009-0417126 O.R.;
THENCE SOUTH 000 31' 06" WEST,ALONG THE WEST LINE OF SAID BLOCK 161, A DISTANCE
OF 375.41 FEET,TO THE POINT OF BEGINNING.
PARCEL 3:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER AND ACROSS THE WEST 60
FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 5, BLOCK 79, RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS,
RECORDS OF SAID COUNTY AND STATE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF LIVE OAK CANYON
ROAD AND THE WEST LINE OF LOT 5;
THENCE NORTH 000 59' 36" EAST, ALONG SAID WEST LINE,A DISTANCE OF 918.87 FEET;
THENCE NORTH 830 5743" EAST, A DISTANCE OF 1556.55 FEET;
THENCE SOUTH 500 30' 59" EAST, A DISTANCE OF 281.09 FEET,TO AN ANGLE POINT IN THE
EAST LINE OF THE PROPERTY CONVEYED TO LLOYD E. MC LAUGHLIN BY DEED RECORDED
JANUARY 28, 1955 IN BOOK 3556, PAGE 295 OF OFFICIAL RECORDS OF SAID COUNTY, SAID
POINT BE THE AFOREMENTIONED POINT"A";
THENCE SOUTH 830 23' 00" WEST, A DISTANCE OF 168.55 FEET, TO AN ANGLE POINT
THEREIN;
THENCE SOUTH 140 00' 45" EAST, A DISTANCE OF 115.65 FEET;
THENCE NORTH 830 16' 00" EAST, A DISTANCE OF 337.84 FEET;
THENCE NORTH 630 06' 00" EAST, A DISTANCE OF 335.02 FEET;
THENCE SOUTH 770 18' 45" EAST, (RECORDED SOUTH 87° 18' 45" EAST BY SAID DEED
RECORDED JANUARY 28, 1955 IN BOOK 3556 OF OFFICIAL RECORDS, PAGE 295), A DISTANCE
OF 82.57 FEET,TO A POINT IN THE CENTERLINE OF LIVE OAK CANYON ROAD, AS SAID LINE
WAS DETERMINED AND ESTABLISHED BY THE SAN BERNARDINO COUNTY SURVEYOR IN JULY
1950, SAID POINT BEING LOCATED, SOUTH 12° 41' 15" WEST (COUNTY RECORDS INDICATE:
SOUTH 120 43' 00"WEST)A DISTANCE OF 87.22 FEET FROM AN ANGLE POINT IN SAID
CENTERLINE AS SO ESTABLISHED AND SAID POINT ALSO BEING LOCATED NORTH 470 20'
WEST, A DISTANCE OF 34.64 FEET FROM THE NORTHWEST CORNER OF THE PROPERTY
CONVEYED TO MARSHALL G. RICHARDSON BY DEED RECORDED JANUARY 25, 1954, IN BOOK
3316, PAGE 18 OF OFFICIAL RECORDS;
THENCE, ALONG SAID CENTERLINE THE FOLLOWING COURSES, SOUTH 120 41' 15"WEST, A
DISTANCE OF 400.78 FEET;
THENCE SOUTH 500 16' 45" WEST, A DISTANCE OF 993.40 FEET,
THENCE NORTH 74` 04' 45" WEST,A DISTANCE OF 919.46 FEET;
THENCE SOUTH 770 33' 45" WEST, A DISTANCE OF 500.00 FEET;
THENCE SOUTH 640 07' 15" WEST,A DISTANCE OF 146.30 FEET, TO THE POINT OF
BEGINNING.
NOTE: SAID DESCRIPTION IS PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. LLA-570, RECORDED MARCH 01,
2013, AS INSTRUMENT NO. 2013-0087753 OF OFFICIAL RECORDS.
APN: 0301-191-19-0-000
First American Title Insurance Company
5 Form No.1402.06 Polity Page 8
ALTA Owner's Policy(6-17-06) Policy Number:741687
a
SCHEDULE B
File No. NCS-741687-ONTI Policy No. 741687
EXCEPTIONS FROM COVERAGE
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:
Part One:
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 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.
6. Any lien, or right to a lien for services, labor or material not shown by the public records.
Part Two:
1. General and special taxes and assessments for the fiscal year 2015-2016.
First Installment: $7,796.98, PAID
Penalty: $0.00
Second Installment: $7,796.96, OPEN
Penalty: $0.00
Tax Rate Area: 005050
A. P. No.: 0301-191-19-0-000
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. An easement for pipe lines and incidental purposes in the document recorded in Book 463 of
Deeds, Page 381.
The location of the easement cannot be determined from record information.
First American Title Insurance Company
Form No.1402.06 Policy Page 9
ALTA Owner's Policy(6-17-06) Policy Number:741687
A
4. An easement for pipe lines and incidental purposes in the document recorded in Book 688 of
Deeds, Page 114.
The location of the easement cannot be determined from record information.
5. An easement for pipe lines and incidental purposes, recorded as Book 2065, Page 32 of Official
Records.
In Favor of: F. A. Beauchamp, a married man and Willis H. Burrows, a single
man
Affects: As described therein
The location of the easement cannot be determined from record information.
6. The terms and provisions contained in the document entitled "Agreement" recorded August 04,
1933 as Book 903, Page 139 of Official Records.
7. An easement for either or both pole lines, conduits and incidental purposes, recorded as Book
2306, Page 338 of Official Records.
In Favor of: Southern California Edison Company Ltd., a corporation
Affects: As described therein
8. An easement for either or both pole lines, conduits and incidental purposes, recorded as Book
2440, Page 406 of Ofl•tcial Records.
In Favor of: Southern California Edison Company Ltd., a corporation
Affects: As described therein
9. The terms and provisions contained in the document entitled "Agreement" recorded May 19,
1961 as Book 5435, Page 388 of Official Records.
10. An easement for road and utility purposes and incidental purposes, recorded as Book 6003, Page
375 of Official Records.
In Favor of: ADA Burrows Desmet and Yvome Kay Desmet mother and
daughter as joint tenant
Affects: As described therein
11. Water rights, claims or title to water, whether or not shown by the public records.
12. Any rights, interests, or easements in favor of the public, which exist or are claimed to exist over
any portion of said land covered by water.
First American Title Insurance Company
Form No.1402.06 Policy Page 10
ALTA Owner's Policy(6-17-06) Policy Number:741687
t
FirstAmerican 77de
Privacy Information
We AreCommitted 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 you provide to us.Therefore,together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us.It does not govern 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.First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information values.
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 about your transactions with us,our affiliated companies,or others;and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the 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.We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty
insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore,
we may also provide all the information we coiled,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
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 and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet.
In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the
domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of
collection how we will use the personal information.Usually,the personal Information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific
account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we by to link only to sites that share our high standards and respect for privacy,we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site
can send to your browser,which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
productive web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in ail our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information.
When,as with the public record,we cannot correct Inaccurate Information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on
our fair information values and on the responsible collection and use of data.we will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation)
First American Title Insurance Company