HomeMy WebLinkAbout20190528_Application"·
Community Development Department
Planning Permit Application
1. Check Permits Requested:
D Approval-in-Concept -AIC # D Lot Merger
Iii Coastal Development Permit D Limited Term Permit-
0 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)/Assessdr's Parcel No(s)
3312-3318 Via Lido (APN 423-123-12) & 3322-3324 Via Lido (APNs 933-941-22 & 933-941-23)
~It dDl1-ltX>
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 -OMinor 0Conditional
D Amendment to existing Use Permit
D Variance
D Amendment -OCode OPC OGP OLCP
D Other:
3. Project Description and Justification (Attach additional sheets if necessary):
See Attached Project Description and Justificaiton statement
4 _ Applicant/Company Name ,_~_n_dr_e_w_a_n_d_J_ul_ie_s_tu_p_in ______________________ _.l
Mailing Address I 2 15 Sth Street Suite/Unit _I A---~-~'
City j Huntington Beach State 1 ..... -CA _______ I Zip -'-I _92_6_48 ___ ~]
Phone I 714.402.1185 Fax j.--7-1-4-.9-6-9-.5-7-75-_ --1 Email j andrewstupin@gmail.com j
5 C t tic N · l Anne Fox-MIG, Inc. I . on ac ompany ame _,___ _____________________________ ____._
Mailing Address j 801 North Harbor Boulevard Suite/Unit,..., ------,
City I Fullerton State!~ -CA-------1 Zip I 92832 J
Phone 1949.370.6623 (Anne mobile) Fax1 .---------, Email I annef@migcom.com I
0 N Andrew Stupin -Via Lido Group II, LLC & Palos V Investments, LLC
6. wner ame .,__-.=============================================i-------;:::=============-=.
M T Add j 215 5th Street S ·t /U ·t I A a1 mg ress .,__ _____________________ ____. m e m ~-=--=--=--=--=-=======
City I Huntington Beach State j CA J Zip .,_j _92_6_48 ___ ___,
Phone j 114.402.1185 Fax j 114.969.5775 I Email I andrewstupin@gmail.com
7 P rt O , Aff"d "t* (I) (W ) Anne Fox (See attached Designation of Authorized Agent) . rope y wner s I av1 : 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 sub ·tted are in all respects true and correct to the best of (my) (our) knowledge and belief.
j Date: j 281os12019
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
PA2019-100
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:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
5/28/2019
933 941 23
1
RM
RM
PA2018-100 and PA2018-051
PA2019-100
West Newport Beach Assn,
Mariners Mile Business Owners Assn, Lido Isle Comm Assn
CD2019-033
D2018-0190
City of Newport Beach -Planning Permit Application
Designation of Authorized Agent
To Whom It May Concern:
I am the owner of real property in the City of Newport Beach l ocated at:
• 3312, 3314, 3316 & 3318 Via Lido (APN 423-123-12)
• 3322 & 3324 Via Lido (APNs 933-941-22 & 933-941-23)
May 23, 2019
involved in the Planning Permit Application requesting approval of a Coastal
Development Permit seeking approval of a new single-family residence and related
improvements. Anne Fox with MIG, Inc., is the authorized agent for the Planning Permit
Application in this regard and at said address on behalf of the ownership of record Via
Lido Group II, LLC, of which I am the sole managing member; and Palos V Investments,
LLC, of which I am the managing member. Please do not hesitate to contact me should
you have any questions regarding these matters.
g Member of Via Lido Group II, LLC
Managing Member of Palos V Investments, LLC
215 5th Street, Suite A
Huntington Beach, CA 92648
714,402.1185
andrewstupin @g mail.com
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3. (Continuation Sheet) – Project Description and Justification:
3312-3318 Via Lido (APN 423-123-12)
3322-3324 Via Lido (APNs 933-941-22 & 933-941-23)
Description
The properties are located within the Coastal Zone and the applicant is requesting
approval of a Coastal Development Permit by the Zoning Administrator to construct a
new 7,876 square foot, three story, single-family residence with four attached garage
spaces, split between two garages and totaling 983 square feet; and related site
improvements.
The project has been designed to satisfy all applicable development standards for
development of a single-family residence within the RM Zoning District as it relates to
height, setbacks, floor area limit, and open space. The proposed design steps the structure
back from the street and provides architectural interest in roof lines, window placement,
use of finish materials to articulate the massing of the structure on all four building
elevations. No deviations to standards are requested.
The total gross floor area of the new building is 8,859 square feet, or 12% less than would
be allowed (1.75 times the buildable area, or 5,778 square feet = 10,110 square feet). Open
space areas consisting of both yard/entry areas and 2nd and 3rd floor decks totals to 2,897
square feet, or 33% of the gross floor area, where the minimum required would calculate
to 518 square feet (75 square feet common plus five percent of gross floor area). Of the
open space areas, 745 square feet is landscaped.
Surrounding properties all contain various structures/improvements and no singular or
dominant land use or zoning exists in the vicinity of the project site.
Related Planning Permit Application
PA2018-051 was approved by City Staff (SA2018 -006) on March 16, 2018, authorizing
the demolition of a four-unit residential structure in compliance with Zoning Code
Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34
(Conversion of Demolition of Affordable Housing). This approval verified that none of
the rental units within the four-unit apartment building located at 3312-3318 Via Lido
were found to qualify as affordable housing; therefore, the demolition of these units does
not require replacement of the units.
Subsequently, the City’s Zoning Administrator approved Planning Application (PA2018-
100) for Tentative Parcel Map (NP2018-012). The Final Map has been prepared and is
currently under review by the County and City Engineer for compliance with the map
requirements and to establish a legal building site. PA2018-100 also included approval
of a Coastal Development Permit (CD2018-045) for demolition of the existing structures
on the properties consisting of a two-unit condominium structure and four-unit
apartment structure.
PA2019-100
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P a g e 2 | 3
Land Use and Zoning of Project Site
General Plan: RM (Multiple-Unit Residential)
Zoning District: RM (Multi-Unit Residential)
Coastal Land Use Category: RM-D (Multiple-Unit Residential – 20 – 29.9 DU/AC)
Coastal Zoning District: RM (Multi-Unit Residential)
Surrounding Land Uses and Zoning
North: RM Zoning developed with two-unit, two-story condominium structure
South: CM Zoning developed with a parking lot, admin office/restroom building
for a public membership boating club business
East: Lido Channel Turning Basin of Newport Harbor
West: PC59 – Lido Villas Planned Community, 23 three-story, single-family
townhomes with flat roofs ranging in heights of 32 to 39 feet.
Justification/Findings
Coastal Development Permit – The required findings pursuant to Section 21.52.015
(F)of the Newport Municipal Code can be supported because the project:
1.Conforms to all applicable sections of the Certified Local Coastal Program.
The subject site is within the RM Coastal Zoning District, which allows for the
construction of a single-family residence, subject to certain development
standards. The proposed development complies with applicable residential
development standards including, but not limited to, floor area limitations,
setbacks, height and parking. The neighborhood is an eclectic mix of development
including multiple-unit residential, single-family residential, commercial marine
serving uses, a church and limited commercial. There is no predominant land use
or development site size. Structures are a mix of two and three stories varying in
heights and roof lines.
2.Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
The properties are located on Via Lido of the Balboa Peninsula between the nearest
public road and the sea. The provision for public access is only required for change
in land use, density or intensity that will result in increased demand on public
access and recreation opportunities. Public access must bear a reasonable
relationship between the requirement and the project’s impact and proportional to
the impact. In this case, the project will not affect the public’s ability to gain access
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to, use, and /or view the coast and nearby recreational facilities. In fact, the
development will result in an increase in views on either side of the residence due
to the requirement for widened side yard setbacks. The development does not
impede existing public access opportunities such as to the property immediately
abutting to the south that contains a public membership boating club with access
to the bay front.
Environmental Determination – The requested application is considered a project under
the California Environmental Quality Act (CEQA) and is considered exempt under CEQA
Guidelines Section 15303 (Class 3 – New Construction) because there is no potential to
have a significant effect on the environment. Class 3 exemption includes the construction
of one single-family residence on a legal parcel, or up to three single-family residences in
an urbanized area. The project proposes one single-family residence on a single building
site within a developed area of the City in conformance with all development standards.
PA2019-100
Order No. 350-1995412-11
Page 1
@ExtractStart@
Orange Coast Title Company of Southern California - Orange County Division
1551 N. Tustin Avenue, Suite 300 Santa Ana, CA 92705 714-558-2836
PRELIMINARY REPORT
Tiempo Escrow, Inc.
2100 Main Street Suite 330
Huntington Beach, CA 92648
Attention: Claire Land Your no.: 63185-CL
Property address: 1: 3322 Via Lido, Newport Beach, CA 92663
2: 3324 Via Lido, Newport Beach, CA 92663
Order no.: 350-1995412-11
Dated: March 12, 2019
In response to the above referenced application for a policy of title insurance, Orange Coast Title Company of Southern California
- Orange County Division hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth
in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance
which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report
carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the
terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as the condition of title and may not list all
liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,
a Binder or Commitment should be requested.
Dated as of March 4, 2019 at 7:30 AM
_____________________________________________________
John Fernando, Title Officer
Ph: 714-558-2836
Email: satitleunit@octitle.com
PA2019-100
Order No. 350-1995412-11
Page 2
The form of policy of title insurance contemplated by this report is:
A.L.T.A. Loan Policy (06-17-06)
The Policy of Title Insurance, if issued, will be underwritten by: Real Advantage Title Insurance Company, a
subsidiary of Orange Coast Title Company. See attached disclosure.
NOTE: The premium for a policy of Title Insurance, if issued, will be based on:
A liability of $3,000,000.00 Subject to any filed rate increases and/or changes in the liability.
Schedule “A”
The estate or interest in the land hereinafter described or referred to covered by this report is:
A condominium as defined in section 783 of the California Civil Code, in fee as to parcel(s) 1A, 1B, 2A, 2B and an easement as to
parcel(s) 3A, 4A, 3B, and 4B.
Title to said estate or interest at the date hereof is vested in:
Palos V Investments LLC, a California Limited Liability Company
The land referred to in this report is situated in the City of Newport Beach, the County of Orange, State of California, and is
described as follows:
Parcel 1A:
An undivided one half (1/2) interest as tenants in common in and to all the real property, including without limitation the c ommon
areas defined in the Declaration of Restrictions ("Declaration"), recorded March 28, 2012, as Instrument No. 2012000176252 of
Official Records, in Parcel No. 2, Parcel Map No. 2009-125, as per Parcel Map filed in Book 373, Pages 21 and 22 of Parcel Maps in
the Office of the County Recorder of Orange County, California.
Excepting therefrom, all Living Units as shown on the Condominium Plan ("Plan"), referred to below.
Parcel 2A:
Living Unit 2 as shown and described in that certain Condominium Plan ("Plan") recorded March 28, 201 2, as Instrument No.
2012000176251 of Official Records of said County.
Parcel 3A:
Non-exclusive easements for access, ingress, egress, encroachment, maintenance, drainage, use, enjoyment, repairs and for other
purposes, all as described in the Declaration.
Parcel 4A:
Exclusive easements appurtenant to Parcel 2 described above, for access to, from and over stairs, over all other appurtenant areas, if
any, defined as exclusive use common areas in the Declaration and as shown in the Plan.
An undivided one half (1/2) interest as tenants in common in and to all the real property, including without limitation the common
areas defined in the Declaration of Restrictions ("Declaration"), recorded March 28, 2012, as Instrument No. 2012000176252 of
Official Records, in Parcel No. 2, Parcel Map No. 2009-125, as per Parcel Map filed in Book 373, Pages 21 and 22 of Parcel Maps, in
the Office of the County Recorder of Orange County, California.
PA2019-100
Order No. 350-1995412-11
Page 3
Excepting therefrom, all Living Units as shown on the Condominium Plan ("P lan"), referred to below.
Parcel 2B:
Living Unit 1 as shown and described in that certain Condominium Plan ("Plan") recorded March 28, 2012, as Instrument No.
2012000176251 of Official Records of said County.
Parcel 3B:
Non-exclusive easements for access, ingress, egress, encroachment, maintenance, drainage, use, enjoyment, repairs and for other
purposes, all as described in the Declaration.
Parcel 4B:
Exclusive easements appurtenant to Parcel 2 described above, for access to, from and over stairs, ov er all other appurtenant areas, if
any, defined as exclusive use common areas in the Declaration and as shown in the Plan.
Assessor's Parcel Numbers(s):
1: 933-941-23
2: 933-941-22
PA2019-100
Order No. 350-1995412-11
Page 4
Schedule “B”
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form
would be as follows:
1 General and Special taxes for the fiscal year 2019-2020, including any assessments collected with taxes. A lien not yet
payable.
First installment due and payable 11/01/2019, delinquent if not paid by 12/10/2019
Second installment due and payable 02/01/2020, delinquent if not paid by 04/10/2020
2 General and Special taxes for the fiscal year 2018-2019, including any assessments collected with current taxes.
Total amount $26,574.70
1st installment $13,287.35, paid
Penalty $1,328.73 (after 12/10/2018)
2nd installment $13,287.35, open
Penalty $1,351.73 (after 4/10/2019)
Code area 07-001-City of Newport Beach
Parcel No. 933-941-22
Exemption $not shown
3 General and Special taxes for the fiscal year 2018-2019, including any assessments collected with current taxes.
Total amount $26,574.70
1st installment $13,287.35, paid
Penalty $1,328.73 (after 12/10/2018)
2nd installment $1,351.73, open
Penalty $1,351.73 (after 4/10/2019)
Code area 07-001-City of Newport Beach
Parcel No. 933-941-23
Exemption $not shown
4 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue and
taxation code of the State of California
5 Easements for ingress and egress, parking, pipeline, drainage, sanitary sewers, public utilities, slopes and rights incidenta l
thereto, as disclosed by instruments of record and the map of said tract, affecting only the common area shown in that certain
condominium plan recorded 3/28/2012, as Instrument No. 2012-176251, of Official Records.
6 Matters in an instrument which among other things may contain or make provisions for assessments and liens and the
subordination thereof; provisions relating to partition; restrictions on severability of component interests; provisions for
certain easements and/or encroachments; and containing covenants, conditions and restrictions which provide that a violation
thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust in good faith and for value, recorded
3/28/2012, as Instrument No. 2012-176252, Official Records, but omitting any covenants or restrictions, if any, based upon
race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a ) is
exempt under chapter 42, section 3604 of the United States code or (b) relates to handicap but does not discriminate against
handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on
race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state
and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful
restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as
restriction based on familial status."
Notwithstanding the mortgagee protection clause contained in the above mentioned covenants, conditions and restrictions,
they provide that the liens and charges for upkeep and maintenance are subordinate only to a first mortgage.
Said instrument may provide for levying regular as well as special assessments.
PA2019-100
Order No. 350-1995412-11
Page 5
7 Any assessments due the current managing Association(s).
8 An instrument, upon the terms and conditions contained therein
Entitled: Access Maintenance and Cost Sharing Agreement
Dated: 3/23/2012
Executed by and between: Pamela Whitesides and Judy A. Cole, individually and as Trustee of the Judy A. Gmur
Revocable Trust dated April 15, 1999 and Donald E. Cole, individually and as Trustee of
Donald E. Cole Revocable Trust dated November 12, 2004 and Richard C. Farrell
Recorded: 3/28/2012, as Instrument No. 2012-177021 of Official Records
Reference is hereby made to the above document for full particulars.
9 Any adverse claim based upon the assertion that any portion of said land was not tide land subject to disposition by the Stat e
of California, or that any portion thereof has ceased to be tide lands by reason of erosion or by reason of having b ecome
upland by accretion.
10 Any rights in favor of public which may exist on said land for access, parking, beach or recreational uses, if said land or
portions thereof were at any time used by the public for such purposes.
11 Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands or has been created by
artificial means or has accreted to such portions so created.
12 A Deed of Trust to secure the indebtedness of
Amount: $1,500,000.00
Trustor: Richard C. Farrell, a married man, as his sole and separate property
Trustee: FCI Lender Services, Inc.
Beneficiary: Private Mortgage Fund, LLC, a Limited Liability Company
Dated: 9/24/2012
Recorded: 10/5/2012, as Instrument No. 2012-606100 of Official Records
Said matter affects APN 933-943-22.
The trustee in said Deed of Trust was substituted by an instrument
Recorded: 12/20/2013 as Instrument No. 2013-701138, Official Records.
New trustee: California TD Specialists
Notice of default under the terms of said Deed of Trust was
Recorded: 12/20/2013 as Instrument No. 2013-701139, Official Records.
The beneficial interest under said Deed of Trust was assigned to Via Lido Group LLC, a California Limited Liability
Company, by Assignment recorded 5/20/2015 as Instrument No.2015-261220, Official Records, and by other Assignments
of record.
13 A Deed of Trust to secure the indebtedness of
Amount: $1,500,000.00
Trustor: Richard C. Farrell, Trustee of the Richard C. Farrell Trust Established May 11, 2001,
Amended May 23, 2007
Trustee: FCI Lender Services, Inc.
Beneficiary: Private Mortgage Fund, LLC, a Limited Liability Company
Dated: 9/24/2012
Recorded: 10/5/2012, as Instrument No. 2012-606101 of Official Records
Said matter affects APN: 933-942-23.
The trustee in said Deed of Trust was substituted by an instrument
Recorded: 12/20/2013 as Instrument No. 2013-700177, Official Records.
New trustee: California TD Specialists
PA2019-100
Order No. 350-1995412-11
Page 6
Notice of default under the terms of said Deed of Trust was
Recorded: 12/20/2013 as Instrument No. 2013-700178, Official Records.
The beneficial interest under said Deed of Trust was assigned to Via Lido Group LLC, a California Limited Liability
Company, by Assignment recorded 5/20/2015 as Instrument No.2015-261217, Official Records, and by other Assignments
of record.
14 A financing statement recorded 5/7/2014, as Instrument No. 2014-175955, of Official Records.
Dated: not shown
Debtor: Via Lido Group, LLC
Secured party: First Choice Bank
Record owner named: Via Lido Group, LLC
Said matter affects APN: 933-942-23.
15 A financing statement recorded 5/7/2014, as Instrument No. 2014-175958, of Official Records.
Dated: not shown
Debtor: Via Lido Group, LLC
Secured party: First Choice Bank
Said matter affects APN: 933-941-22.
16 A Deed of Trust to secure the indebtedness of
Amount: $3,787,500.00
Trustor: Palos V Investments LLC, a California Limited Liability Company
Trustee: First Choice Bank
Beneficiary: First Choice Bank
Dated: 5/4/2015
Recorded: 5/7/2015, as Instrument No. 2015-238242 of Official Records
17 An Assignment of rents and agreement not to sell or further encumber given as security for a promissory NOTE
Recorded: 5/7/2015, as Instrument No. 2015-238243, of Official Records
Dated: 5/4/2015
Executed by: Palos V Investments LLC, a California Limited Liability Company
In favor of: First Choice Bank
Amount: $3,787,500.00
18 A financing statement recorded 5/13/2015, as Instrument No. 2015-249831, of Official Records.
Dated: not shown
Debtor: Palos V Investments LLC
Secured party: First Choice Bank
19 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our
examination.
20 The requirement that we be provided:
(1) A copy of the filed articles of organization of Palos V Investments LLC, a California Limited Liability Compan y, a
limited liability company.
(2) A current list of the names of said limited liability company members.
(3) A copy of said limited liability company's operating agreement, with a verified certificate that the operating agreement is
a true and correct copy of the agreement now in effect.
End of Schedule B
“NOTES AND REQUIREMENTS SECTION”
PA2019-100
Order No. 350-1995412-11
Page 7
ORANGE COAST TITLE COMPANY
OF SOUTHERN CALIFORNIA
NOTE NO. 1
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE
This is to give you notice that Orange Coast Title Company is a shareholder in Orange Coast Title
Company of Southern California and Orange Coast Title Company owns an interest in Real Advantage
Title Insurance Company. This underwriter may be chosen by Orange Coast Title Company of Southern
California and this referral may provide Orange Coast Title Company a financial or other benefit.
You are NOT required to use the listed provider as a condition for settlement of your loan or purchase,
sale or refinance of the subject property and you have the opportunity to select any of the Orange Coast
Title Company of Southern California title insurance underwriters for your transaction. THERE ARE
FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR
SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING
THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES
Notes section continued on next page…
PA2019-100
Order No. 350-1995412-11
Page 8
NOTE NO. 2
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as
California State Income Tax, subject to the various provisions of the law as therein contained.
NOTE NO. 3 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended
demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
NOTE NO. 4
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods
for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier’s checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If fun ds are
deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such
loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow or sub-escrow.
PA2019-100
Order No. 350-1995412-11
Page 9
Orange Coast Title Company of Southern California -
Orange County Division
1551 N. Tustin Avenue, Suite 300
Santa Ana, CA 92705
714-558-2836
Tiempo Escrow, Inc.
2100 Main Street Suite 330
Huntington Beach, CA 92648
Attention: Claire Land
Borrower: Palos Verdes Investments LLC
Lenders supplemental report
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order t o
reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows:
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This
report discloses nothing, which would preclude the issuance of said American land title association loan policy of title
insurance with endorsement no. 100 attached thereto.
B. The improvements on said land are designated as:
A condominium
1: 3322 Via Lido, in the City of Newport Beach, County of Orange, State of California.
A condominium
2: 3324 Via Lido, in the City of Newport Beach, County of Orange, State of California.
C. Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of
this report are as follows:
None.
PA2019-100
Order No. 350-1995412-11
Page 10
Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no
markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. That
legal description page immediately follows this page.
Thank you for your support of Orange Coast Title Company of Southern California - Orange County Division. We hope that this
makes your job a little easier.
PA2019-100
Order No. 350-1995412-11
Page 11
Exhibit “A”
Parcel 1A:
An undivided one half (1/2) interest as tenants in common in and to all the real property, including without limitation the c ommon
areas defined in the Declaration of Restrictions ("Declaration"), recorded March 28, 2012, as Instrument No. 2012000176252 of
Official Records, in Parcel No. 2, Parcel Map No. 2009-125, as per Parcel Map filed in Book 373, Pages 21 and 22 of Parcel Maps in
the Office of the County Recorder of Orange County, California.
Excepting therefrom, all Living Units as shown on the Condominium Plan ("Plan"), referred to below.
Parcel 2A:
Living Unit 2 as shown and described in that certain Condominium Plan ("Plan") recorded March 28, 2012, as Instrument No.
2012000176251 of Official Records of said County.
Parcel 3A:
Non-exclusive easements for access, ingress, egress, encroachment, maintenance, drainage, use, enjoyment, repairs and for other
purposes, all as described in the Declaration.
Parcel 4A:
Exclusive easements appurtenant to Parcel 2 described above, for access to, from and over stairs, over all other appurtenant areas, if
any, defined as exclusive use common areas in the Declaration and as shown in the Plan.
An undivided one half (1/2) interest as tenants in common in and to all the real property, including without limitation the common
areas defined in the Declaration of Restrictions ("Declaration"), recorded March 28, 2012, as Instrument No. 2012000176252 of
Official Records, in Parcel No. 2, Parcel Map No. 2009-125, as per Parcel Map filed in Book 373, Pages 21 and 22 of Parcel Maps, in
the Office of the County Recorder of Orange County, California.
Excepting therefrom, all Living Units as shown on the Condominium Plan ("Plan"), referred to below.
Parcel 2B:
Living Unit 1 as shown and described in that certain Condominium Plan ("Plan") recorded March 28, 2012, as Instrument No.
2012000176251 of Official Records of said County.
Parcel 3B:
Non-exclusive easements for access, ingress, egress, encroachment, maintenance, drainage, use, enjoyment, repairs and for other
purposes, all as described in the Declaration.
Parcel 4B:
Exclusive easements appurtenant to Parcel 2 described above, for access to, from and over stairs, over all other appurtenant areas, if
any, defined as exclusive use common areas in the Declaration and as shown in the Plan.
PA2019-100
Order No. 350-1995412-11
Page 12
CLTA Preliminary Report Form – Exhibit B (06-03-11)
CLTA STANDARD COVERAGE POLICY – 1990
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 which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or re gulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensio ns or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regula tions, except to the extent that a notice of the enforcement thereof o r a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dat e of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation a ffecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the e xercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, bu t 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 prio r 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy,
state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ar ise by reason of: 1. Taxes or assessments which 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. Proceedings by a public agency which may result in taxes or assessments, or notices of such pro ceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an ins pection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are 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) w ater 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.
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, b. zoning, c.land use d. improvements on the Land, e.land division; and ,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 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 t he
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. The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 10,000
Covered Risk 18: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000
Covered Risk 19: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000
Covered Risk 21: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 5,000
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 inclu des building and zoning ordinances and also laws and regulations concerning: * land use * improvements on the land * land division * 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 notice of exercising the right appears in the public records *on the Policy Date *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: *that are created, allowed, or agreed to by you *that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records *that result in no loss to you *that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title.
5. Lack of a right: *to any land outside the area specifically described and referred to in Item 3 of Schedule A OR *in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in
Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
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 which arise by reason of:
1. (a) Any law, ordinance 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 e ffect 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 5.
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 I nsured 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 cover age provided under Covered Risk 11, 13 or 14);or(e) resulting in loss or damage that would not
have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with appl icable doing-business laws of the state in which the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or
truth in lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent
transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching bet ween Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This
Exclusion does not modify or limit the coverage provided under Covered Risk 11(b):
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 which 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.
2006 ALTA OWNER’S POLICY (06-17-06)
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:
PA2019-100
Order No. 350-1995412-11
Page 13
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) environment al 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 5. (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 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 da te 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 betw een 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 Exclus ions 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) t hat 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 that are not shown by t he 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.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, co sts, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including but not limited to building and zoning) restricting, re gulating, 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 the 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 Risks 5, 6, 13(c), 13(d), 14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided
under Covered Risks 5, 6, 13(c), 13(b), 14, and 16.
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 C laimant; (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 da te 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 Risks 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26);
or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with app licable doing-business laws of the state in which the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth
in lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no
longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy in accordance with applicable building codes. This Exclusion does not
modify or limit the coverage provided in Covered Risk 5 or 6..
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with app licable building codes. This Exclusion does not modify or limit the coverage
provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent
transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
PA2019-100
Order No. 350-1995412-11
Page 14
Orange Coast Title Company of Southern California - Orange County Division
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this
Privacy Policy to govern the use and handling of your personal information. Applicability
This Privacy Policy governs our use of the information which 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. Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us).
Information about your transactions with us, our Affiliated Companies, or others; and Information we receive from a consumer reporting agency. Use of Information
We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which
any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new Privacy Policy before the new policy becomes effective.
@ExtractEnd@
PA2019-100
Order No. 350-1995412-11
Page 15
Orange Coast Title Company of
Southern California - Orange
County Division
1551 N. Tustin Avenue, Suite 300
Santa Ana, CA 92705
714-558-2836
DECLARATION OF OCCUPANCY
(Loan Transaction)
The undersigned, _________________________________________________________________________,
(owner’s name) depose(s) and say(s) as follows:
1. The undersigned is/are the owner(s) of certain real property situated in the City of Newport Beach,
County of Orange and State of California, commonly known as 3322 Via Lido, herein referred to as
“Property”:
2. The undersigned is/are obtaining a loan from ________________________________________________
to be secured by a Deed of Trust against the Property, which is the subject of this transaction.
3. The undersigned currently occupy the Property as the undersigned’s principal address, and intend to
continue to occupy the same as the undersigned’s principal residence following the close of this
transaction.
4. The undersigned understand(s) that Orange Coast Title Company of Southern California - Orange
County Division is relying on this information in calculating the recording fees for all real estate
instruments, papers, and notices recorded in connection with this transaction in accordance with
California Government Code §27388.1(a)(2).
5. The undersigned agree(s) to indemnify and hold Orange Coast Title Company of Southern California -
Orange County Division harmless from and against, and to pay any additional recording fees and/or
penalties arising out of, or in connection with, the inaccuracy of the information set forth herein.
The undersigned declare(s) under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this Declaration was executed on _____________, at ______________________,
___________.
By:
By:
Name: Name:
PA2019-100
THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY
------ls-ASSUMED FOR 1 HE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY
WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
SHEET 11 OF 12 CONDOMINIUM PLAN
PARCEL NO. 2
PARCEL MAP NO. 2009-125
b
1.5'--..._
3.7'
N
I
I-
VJ
3.5'
5.4'
ST-1
~
0
N
5.4'
j'...
0)
N
CD
c:i
N
FIRST FLOOR PLAN
UNIT L-1 AND L-2 0 10' 20'
L-1
FFE = 9.67
FCE= 17.67
20.9'
9.0'
FFE
FCE
G-2
CD
c:i
N
9.0'
ST-1
under stairs
3.0'x 6.08' --.. ,.
9.0'
= 10.21
= 18.21
G-1
(0
0
N
9.0'
b
11.3'
9.5'
L-1
~
0
N
9.5'
SCALE 1"=10'
TYPICAL FLOOR PLAN NOTES
Dimensions shown for the unit boundaries
are along the interior unfinished surfaces
and are in feet.
All walls are 0.4' thick unless othetwise noted
and intersect at 90°.
@ Indicates an idential point in a vertical
plane.
LEGEND
FFE = Finished floor elevation
FCE = Finished ceiling elevation
PA2019-100
SHEET 12 OF 12
-:I'
0
2.2'
3.7'
C'\I ~ I .--Cl) N
r-
m
N
3.7'
3.5'
THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY
1s-ASSUM€D FOR THE--ACGYRAG¥ OF THE-DATA SHOWN.PARCEl-S--MAY--NOUOMm.'t
WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
CONDOMINIUM PLAN
PARCEL NO. 2 ~--
PARCEL MAP NO. 2009-125 _{)
-~
SECOND FLOOR PLAN 0 10' 20'
UNIT L .. 2
29.5'
SCALE 1"=10'
b
2.5' 0
9-5'
9.5'
TYPICAL FLOOR PLAN NOTES
Dimensions shown for the unit boundaries are
along the interior unfinished surfaces and are
in feet.
All walls are 0.4' thick unless otherwise noted and
L-2
FFE = 19.07
FCE= 27_07 ~ .--
LO
intersect at 90°.
Dimensions for exculusive use areas are to their
exterior limits.
@ Indicates identical point in a vertical plane.
LEGEND
FFE = Finish floor elevation
FCE = Finish ceiling elevation
DECKD-2
Upper limit elevation= 27.07
Lower limit elevation = 19. 07
8.3' ~
rr===oiil(') :' · .. 2.2' ~ S-2 21 -7'
34.5'
0 .. 2
34.5'
~ .--
N
PA2019-100
Tie mpo Escrow, Inc.
2100 Main Street Suite 330
Huntingto n Beach, CA 92648
Attention: C laire La nd
Order No. 350-1995413-1 1
Orange Coast Title Company of Southern California -
Oran2e County Division
1551 N. Tustin Avenue, Suite 300
Santa Ana, CA 92705
714-558-2836
PRELIMINARY REPORT
Your no.:
Property address: 3312-3318 Via Lido, Newpo rt Beach, CA 92663 Order no.:
63185-C L
350-19954 13-1 1
Dated: March 14 , 2019
In response to the above referenced application for a policy of title insurance, Orange Coast Title Comp any of So uthe rn Ca lifornia
-Orange County Division hereby reports that it is prepared to issue, or ca use to be issued, as of the date hereof, a P oli cy o r P o licies
of Title In s urance describing the la nd and t he estate or interest therein hereinafter se t forth , insuring aga in st loss which may be
s ustai ne d b y reason of any d efect, lien o r encumbra nce not s h own or referred to as a n Exception be low or not ex cluded from coverage
purs uant to the printed Schedules, Conditions an d St ipulations of said P olicy forms.
The printed Excepti o ns and Exclusions from the coverage and Li m ita ti ons on Covered Risks of said polic y or pol ic ies are se t forth in
Exhibit B attached. The policy to b e issued may con ta in an arbitration clause. Whe n the Amount oflnsurance is less than t ha t set forth
in the ar bitratio n clause, all arbitrab le matters sha ll be arbitrated at the opti o n of either the Company or t he I ns ure d as t he exclusive
remedy of the parties. Limit ations on Covered Risks appli cable to the CL TA and ALT A Homeowner 's Policies of Ti tl e In surance
w hi c h establi sh a Deductible Amount a nd a Maximum D o ll ar Limit of Liabil ity fo r ce11ain coverages are also set forth in Exhibit B.
Copi es of the policy forms should be read. They are availab le from the office which issued this repo 11 .
Please read the exceptions shown or r ef e rred to below and the exceptions and excl usi ons set forth in Ex hibit B of this report
carefully. The exceptions and exclusions arc meant to provide you with notice of matters , w hi ch arc not covered under the
terms of the title insurance policy a nd should be carefully co nsid ered.
It is important to note that this pre liminary r eport is not a written representation as the condition of title a nd may n ot Ii st a ll
li ens, defects , and encumbrances affecting title to the land.
This report (a nd a ny supplements or amendments hereto) is issued solely for t he purpose of facil ita tin g the iss uance of a pol icy of title
ins urance a n d no liability is assumed hereb y. I f it is desired that liabili ty be ass umed prior to the issuance of a pol ic y of title insurance,
a Binder or Commitment s hould be requested.
D ated as of February 28, 20 19 at 7:30 AM
Page 1
John Fern ando, Title Officer
Ph: 7 14-55 8 -2836
Ema il: sa ti tleu n it@ octitle.com
PA2019-100
Order No. 350-1995413-11
The form of policy of title insurance contemplated by this report is:
A.LT.A. Loan Policy (06-17-06)
See attached disclosure.
Schedule "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Via Lido Group II LLC, a California Limited Liability Company
The land referred to in this report is situated in the City of Newport Beach, the County of Orange, State of California, and is
described as follows:
Lots 1 and 2 of Tract No. 1622, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book
47, Page(s) 39 of Miscellaneous Maps, in the Office of the County Recorder of said C6unty. Except the Northwesterly 28 feet of said
Lot 2.
Assessor's Parcel Numbers(s): 423-123-12
Page2
PA2019-100
Order No. 350-1995413-1 1
Sched ule "B"
At th e date hereof exceptions to coverage in add ition to the prin te d exceptions and exclusion s contain ed in said po li cy for m
would be as fo ll ows:
Gen eral and Specia l taxes fo r the fisca l year 2019-2020, including any assessme nts coll ected w ith taxes. A li e n no t yet
payable.
First insta llment due a nd p ayab le 11/01 /20 19, de linque nt if not paid by 12/1 0 /20 19
Second installment due and payab le 02/0 1/2020, delinquent if not p a id by 04/ I 0 /2020
2 General a nd Specia l taxes for the fi scal yea r 2018-2019, includi ng any assessments collected with current taxes.
T o tal amount $62 ,083.26
I st ins tallment $31,041.63 , Pa id
P enalty $3 ,104.16 (after 12/10/2018)
2nd in sta llment $31 ,041.63 , Open
Pena lty $3,127.16 (after 04/10/20 19)
Code area 07-00 I -City of Newpo11 B each
P arce l No. 423-123-12
Exemption $None Shown
3 The Lie n of future sup p lementa l taxes, if any, assessed pursuant to the provis io ns o f section 75 , et seq of the revenu e a nd
taxation code of the s tate of Cal ifornia
4 An easeme nt for public uti liti es as s ho wn on the m ap of said tract affects: Southwes te r ly 4 feet of said la nd re cord ed in Book
47. Page 39 of Miscell aneous Maps.
5 Coven a nts, condi tions a nd restri c tion s in an instrument recorded 12/17/1953 in Book 2634 Page 624 o f Official Records , but
o mitting any covenant or res triction based o n race, color, religion, sex, han dica p , fa mi l ia l s ta tu s or nationa l o ri g in unl ess an d
only to the extent said covenant (a) is exempt under c ha pter 42, section 3604 of the United States code or (b) rela tes to
handicap but does n ot di scr iminate aga inst ha ndicapped p ersons.
"NOTE: section 12955 of the government co de provide the following : i r th is d ocume nt co nt ai ns any re stricti o n based o n
race, co lor, reli g ion, sex, fami lia l st a tu s, m arita l st atus, disabi lity, na ti onal o ri g in , or anc estry, that restri cti on vio lates state
a nd federa l fair housing Jaws a nd is void, and may be removed pursua nt to Sectio n 12 955 of the government code. Lawfu l
restriction unde r sta te a nd fed era l la w o n the age of occupants in seni o r housing for o lder persons s h a ll not b e co nstrue d as
res triction based on fami li al sta tus."
6 A ny adverse c la i m based up on the asserti on that any portion of sa id la nd was no t tid e land su bjec t to di s p ositi o n by the State
of California, or that any po rti on thereof has ceased to b e tide lands by reason of erosion or b y reason of having b ecome
up land by accreti on.
7 Any ri g hts in favo r of public w h ic h may exist on said la nd fo r access, pa rkin g, b each or recreatio nal uses, i f sa id la nd or
portions thereof were at any t ime use d by the public for s uc h purposes.
8 Any adverse claim based up o n the assertion that some po1ti on of said la nd is tide or s ubmerged land s o r has bee n created b y
artificial mea ns or h as accre ted to s uch ponions so c reated.
9 Rights and easements for commerce nav iga tio n and fi s hery in favo r of the p ub l ic, or the federa l, state or muni c ip a l
governme nt.
IO The condi t ion s, re stri c tions a nd l imitations, powers, duties, trusts reversionary r ig ht s and other ri ghts c reated or rese rved in
the Leg is lative Grant purs uant to Chapter 74 of th e Statutes o f 1978 and C hapter 7 15 of the Statutes of 19 84 and in any
s ubseque nt amending statutes affecting tid e and s ubmerged la nd s gra nted to th e C ity and/or County .
Page 3
PA2019-100
Order No. 350-1995413-11
11 A Deed of Trust to sec ure th e in debtedness of
Amount: $3,700,000.00
Trustor: Via Lido Group II LLC, a California Limited Liability Company
Trustee: Comerica Bank
Beneficiary: Comerica Barile
Dated: 12 /08/2017
Recorded: 12 /12 /2017, as Instrument No. 2017-534052 of Official Records
12 Rights of pa1i ies in possession of said land by reaso n of unrecord e d leases , if any. Please forward said leases for otu-
examinat ion.
13 Any facts , ri ghts, interest or claims which may be shown by an inspection of the la nd or w hi ch may be d isclosed by inq ui ry
of persons in possession of sa id land.
14 The require ment that we be provided:
(I) A copy of the filed anicles of orga ni zat ion of V ia Lido Group II LLC,, a limited li ability company.
(2) A c urrent li st of the names of said li mited liability co mpa ny members.
(3) A cop y of said limited liability co mpany's operating agreeme nt, w ith a veri fied ce1ti fic ate that t he o perating agreemen t is
a true and correct copy of the agreement now in effect.
End of Schedule B
Page4
PA2019-100
NOTEN0.1
Order No. 350-1995413-11
"NOTES AND REQUIREMENTS SECTION"
ORANGE COAST TITLE COMPANY
OF SOUTHERN CALIFORNIA
I AFFILIATED BUSINESS ARRANGEMENT DISCLOS~ STATEMENT NOTICE
This is to give you notice that Orange Coast Title Company is a shareholder in Orange Coast Title
Company of Southern California and Orange Coast Title Company owns an interest in Real Advantage
Title Insurance Company. This underwriter may be chosen by Orange Coast Title Company of Southern
California and this referral may provide Orange Coast Title Company a financial or other benefit.
You are NOT required to use the listed provider as a condition for settlement of your loan or purchase,
sale or refinance of the subject property and you have the opportunity to select any of the Orange Coast
Title Company of Southern California title insurance underwriters for your transaction. THERE ARE
FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR
SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEMNG
THE BEST SERVICES AND THE BEST RATE FOR THESE SER~ICES
Notes section continued on next page ...
Page5
PA2019-100
Order No. 350-1995413-11
NOTEN0.2
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as
California State Income Tax, subject to the various provisions of the law as therein contained.
NOTE NO. 3 PAYOFF INFORMATION: i
!
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended
demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
NOTEN0.4
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods
for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are
deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company. Those benefits may includ~, without limitation, credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such
loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow or sub-escrow.
Page6
PA2019-100
Tiempo Escrow, Inc.
2100 Main Street Suite 330
Huntington B each, CA 92648
Attention : Claire Land
Orde r No . 350-199541 3-1 1
Orange Coast Title Company of Southern California -
Orange County Division
1551 N. Tusti n Avenue, Suite 300
Santa Ana, CA 92705
714-558-2836
Borrower: Via Lido Group LLC
Lenders s upplemental report
The above numbered report (includ in g any supplements o r amendments th ereto) is hereby modified and/or supplemented in order lo
reflect the following a dditional items relating to the issuance of an American Land T itle Association lo an policy form as fo l lows :
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insw-ance. This
repo11 discloses noth ing, wh ich would preclude the issuance of said American land title association Joan po licy o f tit le
insurance w ith endorsement no. I 00 attac hed thereto.
B . The improvements on sa id land are designated as:
A multiple family residence
3312-3318 Via Lido, in the City of Newport Beach, County of Orange, Stale of California.
C. The only conveyance(s) affecting said land recorded within 24 months of the date of this report are as follows:
Grantor :
Grantee:
Recorded:
Page 7
Pamela L. Whitesides, as Trustee of the Pamela L. Whitesides Trust established April
26,20 16
Via Lido Group II LLC, a Cali fornia Limited Liabi lity Company
6/30/2017 as Instrument No. 2017-271644 , Official Reco rds.
PA2019-100
Order No. 350-1995413-11
Attention
Please note that this preliminary report now has an extra copy of the legal descripiion on a separate sheet of paper. There are no
markings on the page. The idea is to provide you with a legal description that can oe attached to other documents as needed. That
legal description page immediately follows this page.
Thank you for your support of Orange Coast Title Company of Southern Californ¥1 -Orange County Division. We hope that this
makes your job a little easier. I
I
Page8
PA2019-100
Exhibit "A"
i
I
Order No. 350-1995413-11
Lots 1 and 2 of Tract No. 1622, in the City of Newport Beach, County of Orange, Staie of California, as per Map recorded in Book
47, Page(s) 39 of Miscellaneous Maps, in the Office of the County Recorder of said County. Except the Northwesterly 28 feet of said
I Lot 2. i
Page9
PA2019-100
I Order No. 350-1995413-11
CL TA Preliminary Report Form -Exhibit B (06-03-11)
CLTA STANDARD COVERAGE POLICY-1
1
1990
EXCLUSIONS FROM COVERAGE
The following matters arc expressly excluded from the cowrage of this p<>licy nnd the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by n'llSon of:
I. (a} Any law, ordinance or governmental reguh11ion (including but not limited to building or zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating (i) the occupancy. use. or enjoyllll!nt of the
land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii} o separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or
was a pan: or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or
encumbrance resulting from a vio[11tion or alleged violation affecting the land has been recorded in the uublic records at Date of Policy. (b) Any govemm1.'tltal ~olice hewer not .:xcludcd bJ (a} above, except to the extent that
2.~t:!}';:mt~i:o::'~
0
!n~~
0
~!1'lc~f :f1~~e~~e~~:rh~~:r:a~~~e:~~:cfe3fn~h/J~t1\~~e~~:~e:~~::~}~~lfc~~t~~~~~:i~d': ~~ :!::e~~y ~f:~c;gfi~ o~::r~ p~\!;io Date of Policy which would
be binding on the rights ofo purchaser for value without knowledge. i
3. Defects, liens, encumbrances. adverse claim.~ or other matters: (a) whether or not recorded in the 11ublic records at Date of Policy. but created, suffered, as.~umed or agreed to b)'. lhe insured claimant; (b) not known 10 the
Co!llPany. not recorded in lhe eublic records at Date of Policy. bul known lo the insured claimant onil nol disclosed in writing lo lhe Company: hY. the insured claimant 11nor to the <late the insured claimant became an insun:d
under thlS policy; (c) resulting m no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulung in loss or damage which would not have b«n sustained if the inSUl'cd claimant
had paid value for the insured mortgnge or for the estate or interest insured by this policy.
4. Uncnforccability oflhe lien oftlit insured monsase because oflhc inability or failure of the insured 111 Date of Policy. or 1hc inability or failure ofnny subsequent owner of the indebtedness. to comply with the applicable
doing business laws of the state in which the land 1s situated. ! f~ l~~}~~itfu!'. unenforccability oflhe lien of the insured mortgage. or claim thereof. which arises out of the transaction evidenced by the insured mortgage and i.~ hased upon usury or any consumer credit protection or truth
6. Any claim, which arises out of the lnlnsaction vesting in the insured the estate of intercst insun:d by this policy or the transaction 1.-rcating lhe interest of the insured lender. by reason oflhe operation of federal bankruptcy.
state insolvency or similar erediton' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy docs not insure against loss or damage (and lhc Co!11Pany will 001 P.DY costs, attorneys' fees or expenses) which arise by reason of:
I. Taxes or assessments which arc not shown 118 existing liens by the records of any taxmg outhority that levies taxes or assessments on rent property or by the public records. Proceeding$ by a public agency which may rcsuh
in tnxcs or assessments, or notices of such proc~ings, whether or not shown by the records of such agem:y or !1 the public records. i: ~=/«:: o~=~b:::~~~tr~ 8fhe':,}.ho~t~:~~~~=:~~~;bl~~c~~~~~. be asc:enoin by an inspection of the land or whkh may be asserted by persons in possession thereof.
4. Dis~ncics, conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose, and which arc not shown by the public records.
S. (a) Unpa!ented mining claims: (b} reservations or exceplions in patents or in Acts authorizing the issunncc thereof; (c) water rights, claims or title to water, whether or not lhe matters excepted under (a). (b) or (c) arc shown
by the pllbhc records.
6. Any lien or right to a lien for services. bbor or material not shown by the public records.
CLTA/ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (02/03/10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You ore not insured against loss. coSls. attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building. b. mning. c.land use d. improvements on the Land, c.land di\'ision; and ,f.
environmental prol~1ion. This Exclusion docs not limit lbc coverage described in Covered Risk II.a .• 14, IS, 16, 18, 19. 20, 23 or 27.
2. The failure of Your existing structures, or any pan of them. to be constructed in accordance with applicable building codes. This Exclusion docs not limit the coverage described in Co\·ercd Risk 14 or IS.
3. The right lo take the umd by condemning ii. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks: a. that arc created, allowed, or agreed 10 by You, whether or not they 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 rcsub in no loss lo You; or d. that first occur after the Policy Date -this docs not limit the coverage dcs1.Tibed in Covered Risk 7, 8.e, 2S. 26, 27, or 28.
S. Failure 10 pay value for Your Title.
6. Lack of a right: 11. 10 any land outside the area spccific11lly descn'bed and ref med 10 in paragraph 3 of Schedule A; and b. in streets. alleys, or Wlllcrways that touch the Land. This Exclusion does not limit the
covcr.ige desml>ed in Covered Risk 11 or 21.
7. The transfer oflbe Till,; lo You is invalid as a ref1.-rcntial transfer or 115 a fraudulent transfer or convc cc under fi:d1.'Tlll banlcru tc • state insolvenc • or similar creditors' ri ts laws.
LIMITATIONS ON COVERED RISKS
our msurance or t wmg ov is 1m11e on t wner s o\'Ct'llge totcmc:nt as o ows:
• For Covered Risk 16. 18, 19, lllld 21 Your Deductible Amount and Our Maximum Dollar Limil of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Vour D(ductjbfe Amount Our Maximum Dollar Limit ofLiabjl~y
Covered Risk 16: I % of Policy Amount shown in Schedule A or S 2,500 (whichever is less) S 10,000
Covered Risk 18: I % of Polley Amount shown in Schedule A or S 5,000 (whichever is less) S 25,000
Covered Risk 19: I •;. of Policy Amount shown in Schedule A or S S,000 (whichever is less) S 25,000
Covered Risk 21: I •;. of Polley Amount shown la Schedule A or S 2,500 (\Yhichevrr Is less) S 5,000
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In nddition lo the Exceptions in Schedule B. you are not insured against loss. ,osts. auomeys' fees. and expenses resulting from:
I. Governmental police power, and the existence or viobtion of any law or govcrnmem regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the
land • land divisaon • cnvironmcutal JlT!)t~1ion. This exclusion docs not apply to violations or the 1.'llforccment oflhcse matters which appear in the public n.oeords nt Policy Date. This exclu.sion docs not limi1 the zoning
cowrage desml>ed in lt~'lllS 12 and 13 ofCov.:red Title Risks.
2. The righ1 to take the land by condemning ii, unless: •o notice of exercising the right appears in the public records •on the Policy Date •the taking happened prior to the Policy Date and is binding on you if you bought the
land witliout knowing of the tokinn
flicTP!t:/~i:~~=:i·,lin~~:·i:bo~~d!t~~en~':;'~ai;::g~~i':!: /:'rc·':~i;"J •T;I~ R~te Policy Date·· unless they appeared in the public records •that resuh in no loss 10 you •that first affect your title after
4. Failure to pay value for your title.
S. Lack ofa right: •to any land outside the area spedfically described and referred lo in Item 3 of Schedule A OR •in streets. alleys. or waterways Iha! touch your land. This exclusion docs not limit the a.:cess coverage in
Item S of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters arc expressly excluded from the coverage oflhis policy. and lhc Comp11ny will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of:
I. (a) Any low, ordinance or govcmmentol regubtion (including those relating to building o.nd 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 erc1.1cd on the Land: (iii) the subdivision of land: or (iv) environmental protection: or the effc..1 of any violation of these laws, ordinances or govcmmcntal regulations. This
Exclu.~ion )(a) docs not modify or limit the coverage provided under Covered Risk S.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 11.
). Dekcts, liens, encumbrances, adverse claims or other matters:(:i)created, suffered, 11SSUmcd or agr«d to by the Insured Claimant: (b)not known to lhe Company, not recorded in the public records at Date of Policy,
but known to the Insured Cbimant 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) resultillg in no loss or damage 10
the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however, this docs not modify or limit the coverage provided undtt Co\'ercd Risk 11. 13 or 14):or(e) resulting in loss or damage that would not
have been sustained if the Insured Claiman1 bad paid value for the Insured Mong:ige.
4. Unenforccability of the lien of the Insured Mongagc because oflhe inability or failure ofiin Insured to comply with applicable doing-business lows oflhe state in which the Lnnd is situated.
S. Invalidity or uncnfon:eability in whole or in pan oflhc lien of the Insured Mongage that arises out of the lnlnsaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protc..1ion or
truth in lending law.
6. Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. that the transaction creating lhe lien of the Insured Mortgage. is (ol n fraudulem conveyance or fraudulent
transfer, or (bl a preferential transfer for lilly renson not stated in Covered Risk I 3(bl of this policy.
7. Any lien on the Title for real esllltc tax.:s or assessments imposed hy governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This
Exclusion docs not modify or limit the coverage provided under Covered Risk l l(b):
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:
l.(a) Taxes or 11SSCUments that arc not shown as existing liens by the records ofany taxing authority that levies laxes or assessments on rcol property or by the Public Records: (b) proceedings by a public agency that may
result in taxes or 11ssessmcnts, or notices of such proceedings, whether or not shown by the records of such agency or by th-: Public Records.
2.Any facts, rights, interests or claims which are not shown by the Public Records but that could he asccnaincd by an inspection of the Land or that may be asserted by persons in possession oflhc Land.
3.Easemcnts, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment. encumbrance, violation. variation. or ndverse 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.
S.(a) Unpatcnted mining claims: (bl reservations or exceptions in patents or in Acts authorizing the issuance thereof; {c) water rights, claims or title to water, whether or not the matl<.'TS excepted under (a), (b) or (c) arc
shown by the Public Records.
6. Any lien or right 10 11 lien for services. labor or material not shown by the public record.~.
2006 ALT A OWNER,S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage oflhis policy. and the Company will not pay loss or damage. costs. ollorneys' fees. or expenses that arise by reason of:
Page 10
PA2019-100
1
Order No. 350-1995413-11
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating. prohibiting, or relating to: (ii the occupancy, use, or enjoyment of the: Land; (ii)
the character, dimensions, or location of any improvement crc:ctc:J on the: Land; (iii) the subdivision of land; or (IV) environmental protection; or th,: 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 govemmental 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 docs not modify or limit the coverage provided under Covered Risk 7 or 8. :
3. Defects, liens, encumbrances, adverse claims, or other mallc:rs: (a) created, sum:red, assumed, or agreed to by the Insured Claimant; (bl not;Known to the Company, not rccordcd in the Public Records ut Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the dale the Insured Claimant became an Insured under this policy;(c) resulting in no loss or
damage to the Insured Claimam; (d) attaching or created subsequent to Date: of Policy (howcvc:r, this docs not modify or limit the coverage provided under Covered Risk 9 and IO); or (cl rcsuhing in loss or
damage that would not have been sustained if the Insured Claimant had paid value for the Tille. ,
4. Any claim, by l"l!aSOn of the: operation of federal bankruptcy, state insolwncy, or similar crc:di1ors' rights laws, that the transaction vesting the Title as shown in Schedule: A. is (a) o fraudulent conveyance: or fraudulent
transfer; or (b) a preferential !Jansfc:r for any reason not a1ated 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 Cowrage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in o Standard Cowrage 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:
I. (a) Taxes or assessments that an: not shown as existing liens by lhe records ofony 1axing authority lhat levies taxes or assessments on rcal propcny 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, intc:n:sts, or claims that an: 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. ,·ariation. or adverse circumstance affecting the Title that would be di5Closed by an accurate and complete land survey of the Land and that arc not shown by the Public Records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the iS)"llllllCe thercof; (c) water rights, claims or title to water, whether or no! the mallc:rs excepted under (a), (bl, or (c) ore
shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following mattcn are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by rcDSon of:
I. (a) Any law, ordinance, permit, or governmental regulation (including but not limited to building and zoning) restricting. regulating. prohib!ting or relating to (ii the occupancy, use, or enjoyment of the Land; ( ii) the
character, dimensions or location of any improvement erected on the Land; (iii) 1he subdivision of the land; or (iv) environmental protection, or the effect of any violation of these lows, ordinances or governmental regulations
This Exclusion l(a) docs not modify or limit the coverage provided under Covered Risks 5, ti, I 3(c), 13(d), 14, and 16.(b) Any governmental police pow1.,"f. This Exclusion I (b)Jocs not modify or limit the coverage: provided
under Covered Risks S, 6, 13(c), 13(b). 14. and 16.
2. Rights of eminent domain. This Exclusion docs no1 modify or limil 1he coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other molters (a) created, sulfered, assumed or agreed to by the Insured Claimant; tb) not Known to the Company, not recorded in the Public Records at Dale 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 ofPolicy(howevcr, this docs not modify or limit the coverage provided under Covered Risks 11. 16. 17. 18, 19, 20, 21, 22, 23, 24, 27 or26):
or (c:)rcsulting in loss or damage which would not have been sustained iflhe liuured Claimant had paid value for the Insured Mongagc.
4. Unenforccability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with applicable doing-business laws of the stllle in which the Land is situated.
5. Invalidity or unenforccability in whole or in pan of the lien of the Insured Mortgage that .uisi:s out of the transaction evidenced by the lnsun:J Mortgage and is based upon usury, or any consumer credit protection or truth
in lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity. unenforceability or lack of priority of the lien of the Insured Mongagc as to Advances or modifications made after the Insured has Knowledge that the vestec shown in Schedule A is no
longer the owner of the estate or interest c:overcd by this policy. This Exclusion docs not modify or limit the co,·erage p1mided in Co,·ercd Risk 11.
7. Any lien on the Title for real estate taxes or asscs.,mcnls imposed by governmental authority and ercated or attaching subsequent to Date of Policy in accordance with applicable building codes. This Exclusion docs not
modify or limit the coverage provided in Covercd Risk S or 6 ..
8. The failure of the rcsidential structmc, or any portion ofil, to h.ive been constru1.,1ed before, on or uftcr Date of Policy in a~cordance with applicable building codes. This Exclusion docs not modify or limit the coverage:
provided in Covered Risk S or 6.
9. Any claim, by reason of the operation offcderal bankruptcy. state insolvency. or similar crcditors' rights laws, that the transaction ereating the lien of the lnsurcd Mottgage, is (a) a fraudulent conveyance or fraudulent
transfer, or (bl a preferential transfer for any reason not Slated in Covercd Risk 27(b) of this policy.
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PA2019-100
Order No. 350-1995413-11
Orange Coast Title Company of Southern Califorhia -Orange County Division
PRIVACY POLICY !
We Are Committed to Safeguarding Customer Information I
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 -particularlyiany personal or financial information. We agree
that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this
Privacy Policy to govern the use and handling of your personal information. i
Applicability [
This Privacy Policy governs our use of the information which 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
~~ I
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means. .
Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate
agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about
tne property that is the subject of your transaction with us).
Information about your transactions with us, our Affiliated Companies, or others; and
Information we receive from a consumer reporting agency .
Use of Information
We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore,
we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have
requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which
any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or
customer analysis.
Former Customers
Even if you are no longer our customer, our Privacy Policy will coJtinue 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 l?rovide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your mformation will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new
Privacy Policy before the new policy becomes effective.
Page 12
PA2019-100
Order No. 350-1995413-11
Orange Coast Title Company of
Southern Calif omia -Orange
County Division
1551 N. Tustin Avenue , Suite 300
Santa Ana, CA 92705
7 14-55 8-2836
DECLARATION OF OCCUPANCY
(Loan Transaction)
The unders igned,---------------------------------
(owner's name) depose(s) and say(s) as fo ll ows:
1. The unders igned is/are the owner(s) of ce11ain rea l property situated in the City of Newport Beach ,
County of Orange and State of Ca li fornia, commonly known as 3312 -33 18 Via Lido, herein referred to
as "Property":
2. The undersigned is/are obtaining a loan from---------------------
to be secured by a Deed of Trust against the Prope11Y, which is the subj ect of this transaction .
3. The unders igned currently occupy the Property as th e undersigned 's princ ip a l address, and intend to
continue to occupy the sa m e as the unders igned 's ptincipal residence fo ll owing the close of thi s
transaction.
4. The und ersigned understand(s) tha t Orange Coast Title Company of Southern Californi a -Orange
Coun ty Division is relying on this infom1ation in calculating th e r ecordin g fee s for a ll real es tate
in struments, papers , and notices r ecorded in connection w ith this transaction in accordance with
California Government Code §27388.J(a)(2).
5. The undersigned agree(s) to indemnify and hold Orange Coast Titl e Company of Southern California -
Orange County Division harmless from and aga in st , and to pay any additiona l recording fees and/or
pena lti es arising out of, or in connection w ith , the inaccuracy of th e info1mation se t forth herein.
The undersigned declare(s) under penalty of perjury under the laws of the State of Ca lifornia that the foregoing
is true and correct, and that this Declaration was execute d on , at ----------
By: B y:
Name: Name:
Page 13
PA2019-100
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PARCEL MAP
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BOOK 423 PAGE 12
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PA2019-100