HomeMy WebLinkAbout20190401_ApplicationCommunity Development Department
Planning Permit Application
1. Check Permits Requested:
D Approval-in-Concept -AIC # D Lot Merger
D Coastal Development Permit D Limited Term Permit -
D Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days
D Coastal Residential Development D Modification Permit
D Condominium Conversion D Off-Site Parking Agreement
D Comprehensive Sign Program D Planned Community Development Plan
D Development Agreement D Planned Development Permit
D Development Plan D Site Development Review -D Major D Minor
D Lot Line Adjustment D Parcel Map
2. Project Address(es)/Assessor's Parcel No(s)
3424 Via Oporto, Suite 103, Newport Beach, CA 92663 APN: 423 123 06
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
D Staff Approval
D Tract Map
D Traffic Study
D Use Permit -li!Minor □Conditional
Iii Amendment to existing Use Permit
D Variance
0 Amendment -□Code □PC □GP □LCP
D Other:
3. Project Description and Justification (Attach additional sheets if necessary):
With the tremendous success of the recent opening of Malibu Farm at Lido Marina Village, we are proposing to expand the dining seating into the adjacent
retail home store located at 3424 Via Oporto, suite 103. This operational strategy should reduce waiting time and long lines, improve table turnover, and
increase customer satisfaction. Restaurant tables can be combined to handle parties of any number of customers, as well as be used for larger parties and
private events, which is not feasible in the main restaurant.
A I. t/C N !John Stockwell/ Malibu Farm Lido I 4. pp ,can om pa,....n ___ y_a_m_e_::-_-_-_-_:_-_-_-_-_-_-_:_-_-_-.:_-_-.:_-_-_-.:_-_-_-_:_-_-_-_-_-_-.:-=i-----~-------=-----_-_-_-_----=i·
Mailing Address '-I
3_42_o_v_i_a_o_p_ort_o _________________________ -_:-_ ~ __ S_u_i_te/Unit "';:I
1=01=========::::.I
City !Newport Beach State lcalifomia I Zip 192663 I
Phone 1323-397-3178 Fax _I ______ ~I Email ljohnstockwell4@gmail.com I
5. Contact/Company Name Kristofer Golder I DJM Capital Partners, Inc.
M .1. Add 13434 Via Lido a, mg ress
City !Newport Beach
Suite/Un it _l.--
2
_
0
_
0
-=--=--=--=--=--=--=--=--=:
Statel.--c_a_lifo-r-ni_a ____ _,I Zip'-I9_26_6_3 ___ ____.
Phone 1714-430-8023 Fax .--------1 Email holder@djmcapital.com
0 N ludo Group Retail, LLC
6. wner ame ~-:::============================================:.------;::.....=-=-=-=-=-=-=-=-=-=-=~
Mai Ii ng Address .,_l 3_4_34_· _v_ia_L_id_o ____________ ~-=--=--=--=--=--=--=--=--:::._S_u_i_,te/Unit .,_l,....
2_0_0-=--=--=-=======
City !Newport Beach State jcalifornia I Zip ,_j9_2_66_3 ____ _.
Phone 1714-430-8023 I Fax I Email lkgolder@djmcapital.com
7 P rt O , Aff"d . "t* (I) (W ) Kristofer Golder for Lido Group Retail, LLC c/o DJM Capital Partners, Inc. . rope y wner s I av, : e
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all res~1ts true and correct to the best of (my) (our) knowledge and belief.
Signature(s): cL CL T~le: Is,. Development Manager I Date: ..... ,4-,1-,2-0-19 ____ _,
DD/MO/YEAR
Signature(s): ______________ Title:.:..__ ________ ___.! Date:,,_! _____ _.
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application -CDP added.docx Rev: 01/24117
PA2019-057
F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\Office Use Only.docx
Updated 08/15/17
FOR OFFICE USE ONLY\
Date Filed: _______________________ 2700-5000 Acct.
APN No: __________________________ Deposit Acct. No. ________________________
Council District No.: _________________ For Deposit Account:
General Plan Designation: ____________ Fee Pd: _______________________________________
Zoning District: _____________________ Receipt No: ____________________________
Coastal Zone: Yes No Check #: __________
Visa MC Amex # ____________
CDM Residents Association and Chamber
Community Association(s): _______________________ Development No: __________________________
_____________________________________________ Project No: ________________________________
_____________________________________________ Activity No: _______________________________
Related Permits: ___________________________
APPLICATION Approved Denied Tabled: _________________________
ACTION DATE
Planning Commission Meeting
Zoning Administrator Hearing
Community Development Director
Remarks:
__________________________________________________________________________________________
__________________________________________________________________________________________
APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________
APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________
Remarks:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
□
□
□
□
□
□
□ □
□
□
□
□ □ □
PA2019-057
DJ:vl
Where People Thrive
City of Newport Beach
Attn: Planning Division
100 Civic Center Drive
Newport Beach, CA 92660
April 2, 2019
Re: Lido Marina Village -Malibu Farm's
Dear Planning Representative:
Lido Group Retail, LLC
7777 Edinger Avenue #133
Huntington Beach, CA 92647
Office: 714-793-1131
bthornton@djmcapital .com
This letter authorizes Kristofer Golder -Senior Development Manager to submit for permits and
planning entitlement applications with the City of Newport Beach for the project known as Lido Marina
Village, located on Via Lido and Via Oporto, Newport Beach, CA.
If you have any question, please do not hesitate to contact me .
Senior Vice President Construction & Development
DJM Capital Partners, Inc.
PA2019-057
RAND KRUSE
ARCHITECTURE AND INTERIORS
3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416
PROJECT DESCRIPTION FOR MALIBU FARM -LIDO MARINA
Minor Use Permit Amendment
Project Address: 3424 Via Oporto, Suite 103, Newport Beach, CA 92663
The proposed project consists of Minor Use Permit Amendment expanding the existing Malibu Farm
food service, eating and drinking establishment, previously approved under Minor Use Permit No.
UP2017-026 (PA2017-190). The indoor dining and outdoor patio seating area will be expanded into the
adjacent retail home store located at 3424 Via Oporto, Suite 103. This operational strategy should
reduce customer waiting time and long lines, improve table turnover, and increase overall customer
satisfaction. Restaurant tables can be combined to handle parties of any number of customers, as well
as be used for larger parties and private event, which is not feasible in the main restaurant. No other
changes are proposed under this Amendment. Please reference the Project Summary below.
Project Summary
Approved CUP Tabulations:
Previously approved Minor Use Permit No. UP2017-026 (PA2017-190)
Restaurant:
Total:
2,171 sq. ft. (indoor seating)
866 sq. ft. (outdoor seating)
3,037 sq.ft
Coffee/Ice Cream/Take-Out Component:
322 sq. ft.
Dedicated Restrooms:
308 sq. ft.
Proposed Minor Use Permit Amendment (Expanded Area):
Restaurant:
Total:
763 sq. ft. (indoor seating)
132 sq. ft. (outdoor seating)
895 sq.ft
Landscaping:
Refer to approved CUP UP2014-014 (PA2014-002)
No site work improvements under Malibu Farm's scope of work.
Paving:
Refer to approved CUP UP2014-014 {PA2014-002)
No site work improvements under Malibu Farm's scope of work.
Parking:
Page 113
PA2019-057
Restaurant:
Grease Interceptor:
Entertainment
RAND KRUSE
ARCHITECTURE AND INTERIORS
3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416
641 sq. ft. (indoor seating)
132 sq. ft. (outdoor seating)
Below ground Trapzilla located in the exterior breezeway.
Refer to approved CUP UP2017-026 (PA2017-190)
No changes proposed under Malibu Farm's Minor Use Permit Amendment
Sample Menu
Refer to approved CUP UP2017-026 (PA2017-190)
No changes proposed under Malibu Farm's Minor Use Permit Amendment
Page3l3
PA2019-057
1' ?>Mt:: It I ~~ (' --~'~ ~~ti-
Order Number: NCS-949029-SC
Page Number: 1
Amended March 21, 2019
First American Title Insurance Company
National Commercial Services
1737 North First Street, Suite 500
San lose, CA 95112
March 21, 2019
Dawn Simone
DJM Capital Partners, Inc
7777 Edinger Ave Ste 133
Huntington Beach, CA 92647-8689
Phone:
Fax:
Customer Reference: 3420 and 3424 Via Oporto
Escrow Officer: Carol M. Herrera
Phone: ( 408)451-7829
Title Officer: Mike D. Hickey
Phone: ( 408)451-7905
Fax No.:
E-Mail: mhickey@firstam.com
Buyer:
Owner: Lido Group Retail, LLC
Property: 3420 and 3424 Via Oporto, Newport Beach, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set
forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
First American Title Insurance Company
PA2019-057
Dated as of March 08, 2019 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To be determined
Order Number: NCS-949029-SC
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Lido Group Retail, LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple, as to Parcels B and C; and
A leasehold estate as created by that certain unrecorded lease dated June 1, 1973, executed by
Earl G. Sawyer and Eleanor B. Sawyer, husband and wife as lessor and Donald M. Koll and
Dorothy B. Koll, husband and wife as lessee, as disclosed by a Ground Lease (Short Form)
recorded June 6, 1973 as Book 10736, Page 326 of Official Records, as to Parcel A;
The Lessee's interest has been assigned to Lido Group Retail, LLC, a California limited liability
company by Assignment of Ground Leases recorded May 30, 2013 as Instrument No.
2013000327613 and by intervening assignments recorded February 16, 1978 in Book 12566,
Page 1673, October 22, 1981 in Book 14264, Page 1541, October 22, 1981 in Book 14264, Page
1691, May 23, 1990 as Instrument No. 90-277175 and May 30, 2006 as Instrument No.
2006000362434, all of Official Records.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment: $43,162.23, PAID
Penalty: $0.00
Second Installment: $43,162.23, DUE
Penalty: $0.00
Tax Rate Area: 07-001
A. P. No.: 423-123-07
3. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment: $15,060.69, PAID
Penalty: $0.00
Second Installment: $15,060.69, DUE
First American Title Insurance Company
PA2019-057
Order Number: NCS-949029-SC
Page Number: 5
14. An Off-Site Parking Agreement dated July 29, 1975, recorded August 4, 1975 in Book 11474, Page
924 of Official Records, executed by and between Donald M. Koll and the City of Newport Beach, a
municipal corporation, pertaining to parking rights, upon the terms, covenants and conditions therein
provided.
Note 1: The interest of Donald M. Koll has since passed to Traweek Investment Fund No. 12, Ltd., a
California limited partnership by an instrument recorded October 22, 1981 in Book 14264, Page 1760
of Official Records.
Note 2: The interest of Marvin Engineering Co., Inc., a California corporation has since passed to
WREC Lido Venture LLC, a Delaware limited liability company pursuant to the terms and provisions
contained in an "Assignment of Parking Agreements, Joint Use Agreements and Off-Site Parking
Agreements" recorded May 30, 2006 as Instrument No. 2006000362436 of Official Records.
15. This item has been intentionally deleted.
16. A Deed of Trust to secure an original indebtedness of $51,330,000.00 recorded April 22,
2014 as Instrument No. 2014000153551 of Official Records.
Dated: April 22, 2014
Trustor: Lido Group Retail, LLC, a California limited liability company
Trustee: First American Title Insurance Company, a California corporation
Beneficiary: Lido Lender, LLC, a Delaware limited liability company
(Affects the Leasehold Interest of Parcel A, the Fee Interest of Parcels Band C, with other property)
The terms and provisions contained in the document entitled "Memorandum of Agreement"
recorded November 30, 2015 as Instrument No. 2015000608803 of Official Records.
The Deed of Trust/Mortgage was partially reconveyed as to other property by instrument recorded
March 11, 2016 as Instrument No. 2016000102993 of Official Records.
The terms and provisions contained in the document entitled "Second Memorandum of Agreement"
recorded November 22, 2016 as Instrument No. 2016000592240 of Official Records.
The terms and provisions contained in the document entitled "Third Memorandum of Agreement"
recorded August 24, 2017 as Instrument No. 2017000360178 of Official Records.
17. Terms and provisions of an unrecorded lease dated August 5, 2015, by and between Lido Group
Retail, LLC, a California limited liability company as lessor and Bailey 44 LLC, a Delaware limited
liability company as lessee, as disclosed by an Agreement of Subordination, Non-Disturbance and
Attornment recorded September 15, 2015 as Instrument No. 2015000474142 of Official Records.
Subject to upon the terms and conditions contained in the Agreement of Subordination, Non-
Disturbance and Attornment recorded September 15, 2015 as Instrument No. 2015000474142 of
Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
18. Terms and provisions of an unrecorded lease dated August 5, 2015, by and between Lido Group
Retail, LLC, a California limited liability company as lessor and Three Dots, LLC, a California limited
liability company dba Three Dots as lessee, as disclosed by an Agreement of Subordination, Non-
First American Title Insurance Company
PA2019-057
Order Number: NCS-949029-SC
Page Number: 7
26. An easement for pipelines and incidental purposes, recorded June 12, 2017 as Instrument No.
2017000238266 of Official Records.
In Favor of:
Affects:
Southern California Gas Company, a California corporation
Lot 17 of Parcels A and B
27. An easement for public utilities and incidental purposes, recorded June 12, 2018 as Instrument No.
2018000213571 of Official Records.
In Favor of:
Affects:
Southern California Gas Company, a California corporation
Parcels B and C
The location of the easement cannot be determined from record information.
28. Any failure to comply with the terms, provisions and conditions of the lease referred to in Schedule A.
29. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181
et seq.) or under similar state laws.
30. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
31. Rights of parties in possession.
First American Title Insurance Company
PA2019-057
Order Number: NCS-949029-SC
Page Number: 9
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of
any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating .
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require. ·
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
First American Title Insurance Company
PA2019-057
LEGAL DESCRIPTION
Order Number: NCS-949029-SC
Page Number: 11
Real property in the City of Newport Beach, County of Orange, State of California, described as follows:
PARCEL A:
LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 17; THE SOUTHEASTERLY 30.00 FEET THEREOF.
ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR HEREAFTER
CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY.
SAID LAND IS SHOWN AS A PORTION OF PARCEL NO. 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED
IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: A PORTION OF 423-123-07
PARCEL B:
ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW LOCATED ON THE LAND
HEREINAFTER DESCRIBED AT THE DATE HEREOF, WHICH BUILDINGS AND IMPROVEMENTS ARE, AND
SHALL REMAIN, REAL PROPERTY.
LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 17 THE SOUTHEASTERLY 30.00 FEET THEREOF.
SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL NO. 1 OF PARCEL MAP, AS SHOWN ON A MAP
FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
APN: A PORTION OF 423-123-07
PARCEL C:
LOTS 22 AND 23 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 23, THE NORTHWESTERLY ONE-HALF THEREOF.
PURSUANT TO A CERTIFICATE OF COMPLIANCE NO. CO2015-184 RECORDED NOVEMBER 20, 2015 AS
INSTRUMENT NO. 2015000599086 OF OFFICIAL RECORDS.
APN: 423-123-06
First American Title Insurance Company
PA2019-057
Order Number: NCS-949029-SC
Page Number: 13
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
( c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19,
and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
( c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
First American Title Insurance Company
PA2019-057
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Order Number: NCS-949029-SC
Page Number: 15
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 l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(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 to 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 preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. 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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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:
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.
First American Title Insurance Company
PA2019-057