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HomeMy WebLinkAbout20190725_ApplicationCommunity Development Department Planning Permit Application 1. Check Permits Requested: pproval-in-Concept -AIC # D Lot Merger oastal Development Permit D Limited Term Permit- Waiver for De Minimis Development O Seasonal O < 90 day 0>90 days astal Residential Development D Modification Permit ndominium Conversion · D Off-Site Pqrking Agreement mprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -0 Major O Minor D Lot Line Adjustment ~ Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I i3zll VC4C,{ic, D{ 1Ve.. ~tu' ('o/t' \Se11ic~ 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment P,\~~--'"-~ D Staff Approval D Tract Map D Traffic Study ·1--1.:S~l'1 D Use Permit -□Minor □Conditional D Amendment to existing Use Permit D Variance 0 Amendment -□Code □PC □GP □LCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): (6t\V'tl+ TWO Sfrvc.h,✓t-Pvf' (l,Jt tV14--~ l Vlc:C ,v, dvt, l [01.,,1r/t)s 4. Applicant/Compa~ny~N~am~e~l==~=t1=~J=t=ro=~===R==e="=l ===-=~=-f=e.-l--=L===(,=,r=o=tJ=l'=;-___ ---::::======::::::::I Mailing Address I 20("'r S-e~ {vfll,, lfA"'IC:.,, Suite/Unit -'--I,...::-_-_::-_-_-_:-_-_ ___._I City I COS f" /Hu L. I State .....--I C_fl ___ l Zip I 12 6 n I Phone I 7tl/ LU~ ,s&~ I Fax----, Email I bitvit-~ e1A1St10 ~ ,wf' Co-, / I T oc-s l r tllj/ net/ lVl A l~V\ ff; I){) t, -v; t}o ✓ {YleuV'-°' I 5. Contact/Company Name-'--------'---~---___.. _____________ ____._ Mailing Address I n ~ A v8VI' J"' ti CA w, / ro I Suite/Unit ,__,....--_ ~-----~--_-_ __._I City I <; ,1 ., lef'VleV\ ~{! I State I C ,/t I Zip I cm n I Phone I ~q,_ qqi-~,~, )( ,ojl Fax-'--------'' Email I A broolls@ h~l elllflvltelttllj. lov-) V "' 6. Owner Name .,__I ----;::::=~==U==b z,===i==~==~===~==t--A==u=='-==,-==L==l==l===========s ==ii "==lt==o "';----'~=----"'-L...:.>::__h_i.o--;::::-===========:' Mailing Address .,__I ---'-ll_l,~30-=----=~-......:....~ -=-----ft_tt_\-______ ..-__________ __._, _S_u_ite/Unit I V f lh,;lf I City\ lJtvfof I-ie<.l~ state\ C It I Zip\ ~UH I Phone I 71q ~zq l{ZJ l I Fax~___,.,______, Email I Stv19f f,01-.. Z'f@ 9r~d · Cc> -I. 7. Property Owner's Affidavit*: (I) (We) .,___----,.:::,,,.~'----"-"~-V-\.,__,_,'-------=--l-J£~~~=-=-----------___J depose and say that (I am) (we are) the ow ,.er(s) of the pro rty (ies) in lved in this application. (I) (We) further certify, under enalty of perjury, that the foregoing statements and answers herein contained and the information herewith sub dare in all r, pects true and correct to the best of (my) (our) knowledge and belief. 1 I Signature{s): ~-~I----' ~r--µ.L.11.....J---l--Title: I D\AOOJ I Date: I 1! elu d foo,Moit"EAR Signature(s): ______________ Title: '-------------'I Date: I I *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_Divlslon\Applications\Application_Guidellnes\Planning Permit Application -CDP added.docx Rev: 01/24/17 PA2019-144 F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\Office Use Only.docx Updated 08/15/17 FOR OFFICE USE ONLY\ Date Filed: _______________________ 2700-5000 Acct. APN No: __________________________ Deposit Acct. No. ________________________ Council District No.: _________________ For Deposit Account: General Plan Designation: ____________ Fee Pd: _______________________________________ Zoning District: _____________________ Receipt No: ____________________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ APPLICATION Approved Denied Tabled: _________________________ ACTION DATE Planning Commission Meeting Zoning Administrator Hearing Community Development Director Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________ Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ □ □ □ □ □ □ □ □ □ □ □ □ □ □ PA2019-144 CALIFORNIA ACKNOWLEDGMENT. CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Countt of .,./."" On Jut \ before me, 102)&0 \J, µciV1LfDW ~oi-3-f1'Vll61'1L Date L'\I\ \ C Here Insert Name and Title of the 6rncer personally appeared ur~{OV1 c:::-ngsh'o VY\ / / / me(s) of Signer(s) 7 who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ... Description of Attached Document . ~ "' ..t-L./1{ l ( Title or Type of D~cu~ent: :P \IMI n w3 rev \i],1,l I n::r:v , (c\)he5Y'-- Document Date: 1 d--6 -l 9 Number of Pages: ___ _ Signer(s} Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s}: ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association PA2019-144 Engstrom Real Estate Group 2055 Sea Cove Lane Costa Mesa, CA 92627 Attention: Brent Engstrom Order No. 140-2012912-32 Orange Coast Title Company 3536 Concours, Suite 120 Ontario, CA 91764 909-987-5433 UPDATED PRELIMINARY REPORT Your no.: Property address: 2324 Pacific Drive, Newport Beach, CA 92625 Order no.: 2324 Pacific Dr 140-2012912-32 Dated: July 3, 2019 In response to the above referenced application for a policy of title insurance, Orange Coast Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit 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. 1 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 June 24, 2019 at 7:30 AM Page 1 Manny Villalobos, Title Officer Ph: 909-987-5433 Email: mannyv@octitle.com PA2019-144 Order No. 140-2012912-32 The form of policy of title insurance contemplated by this report is: 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: 16462 24th Street, 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: Lot 2, Block 329, Corona del Mar, in the City ofNewport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page(s) 42, of Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor's Parcel Numbers(s): 459-102-12 Page2 PA2019-144 Order No. 140-2012912-32 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: 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 ifnot paid by 12/10/2019 Second installment due and payable 02/01/2020, delinquent ifnot 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 $46,016.38 1st installment $23,008.19, Paid Penalty $2,300.81 (after 12/10/2018) 2nd installment $23,008.19, Paid Penalty $2,323.81 (after 04/10/2019) Code area 07-001 -City of Newport Beach Parcel No. 459-102-12 Exemption $None Shown NOTE: Taxes above mentioned have all been paid and are reported for proration purposes only. 3 Supplemental taxes including special assessments and/or personal property taxes if any, for the fiscal year 2018-2019. 4 1st installment: $12,227.72 paid 2nd installment: $12,227.71 paid Bill No.: None Shown Supplemental No.: 459-102-12.0100 Assessment no.: District: Created for: Issued: None Shown City of Newport Beach Bayside Dr.I Avocado Ave. Coast Hwy. Carnat None Shown This assessment is currently collected with taxes and may be "stripped" from the rolls if said taxes are not kept current. NOTE: SAID ABOVE EXCEPTION IS TO REMAIN AND SHOWN ON THE POLICY. TIDS COMP ANY WILL REQUIRE APPROVAL FROM THE INSURED TO REMAIN ON THE POLICY, EVEN IF SAID BOND IS TO BE SUBORDINATED. IF THE BOND HAS BEEN PAID OR IS TO BE PAID, THIS COMPANY WILL REQUIRE PROOF OF PAYMENT ORA DEMAND FOR PAYMENT. Please Note: All Current/Delq Taxes must be paid before agency will accept payoff Make Check Payable To: City of Newport Beach Address : Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, ca 92590 Attention: (800) 755-6864 (866) 807-6864 5 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 6 The effect of a map of community facilities district and the notice of special tax authorization and the lien of any taxes or assessments levied by or bonds issued by City of Newport Beach, filed in Book 92, Page(s) 20, assessment map~, as disclo~ed by a document recorded ori 03/23/2007. as Instrument No. 2007-188186, Official Records. Page3 PA2019-144 Order No. 140-2012912-32 7 Covenants, conditions and restrictions' in an instrument recorded 12/18/1909, in Book 169, Page 120, of Deeds, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent 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." 8 Matters, rights or boundary discrepancies that may exist or be disclosed by a Record of Survey filed 10/19/2012. as Instrument No. 2012-638543 in the office of the County Recorder of said County. 9 A Deed of Trust to secure the indebtedness of Amount: $2,000,000.00 Trustor: 16462 24th Street, LLC Trustee: California Title-Company Beneficiary: Banc of California, National Association.,serviced by Mortgage Electronic Registration Systems, Inc. (MERS) Dated: 11/14/2017 Recorded: 11/17/2017, as Instrument No. 2017-499496 of Official Records Said Deed of Trust contains a provision that the NOTE secured thereby provides for a variable interest rate and allows periodic adjustments in the rate of interest. 10 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 04/18/2019, as Instrument No. 2019-125372, of Official Records. For : Pipelines together with metering and other appurtenances and incidental purposes In favor of: Southern California Gas Company, a California Corporation Affects: A 5.00 foot strip ofland, lying 2.50 feet on each side of the gas pipeline 11 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our examination. 12 The requirement that we be provided: (1) A copy of the filed articles of organization of 16462 24th Street, LLC, 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 Page4 PA2019-144 Order No. 140-2012912-32 "NOTES AND REQUIREMENTS SECTION" BUILDER SERVICES NOTEN0.1 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE This is to give you notice that Orange Coast Title Company owns an interest in Real Advantage Title Insurance Company. This underwriter may be chosen by Orange Coast Title Company and this ref err al 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 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 ... Page5 PA2019-144 Order No. 140-2012912-32 NOTENO.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 cppy of the servicing agreement prior to close. NOTENO.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 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. Page6 PA2019-144 Attention: Order No. 140-2012912-32 Orange Coast Title Company 3536 Concours, Suite 120 Ontario, CA 91764 909-987-5433 Borrower: 16462 24th Street LLC Lenders supplemental report The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to 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 single family residence 2324 Pacific Drive, in the City of Newport Beach, County of Orange, State 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: Page7 Diane Lynne Cameron, also known as Diane Lynne Carson, successor Trustee of the Melody Diane Orr Family Trust dated November 30, 1999 16462 24th Street, LLC, a California Limited Liability Company 11/17/2017 as Instrument No. 2017-499495, Official Records. I PA2019-144 Order No. 140-2012912-32 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. We hope that this makes your job a little easier. Page8 PA2019-144 Order No. 140-2012912-32 Exhibit "A" ( Lot 2, Block 329, Corona del Mar, in the City ofNewport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page(s) 42, of Miscellaneous Maps, in the Office of the County Recorder of said County. Page 9 PA2019-144 Order No. 140-2012912-32 CL TA 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 regulations) restricting, regulating1 prohibiting or relating (i) the occupancy, useJ or enjoyment of the land; (ii) the character, dimensions or location of any nnprovement now or hereafter erected on the land; (iii) a separation in ownership or a change in the aimensions or area of the land or any parcel or which the land is or was a part; 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 enfurcement thereof or 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 Date 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 ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise 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, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the J?Ublic records at Date of Policy, but known to the insured claimant an<l not disclosed in writing to the Company by the insured claimant prior to the <late the insured claimant became an insured under this policy; (c) resulting m no loss or damage to the insured clainlant; (d} attaching or created subsequent to Date of Policy; or (e} resultmg in loss or damage which would not have been sustained if the insured clainlant had paid value for the insured mortgaie or fur the estate or interest insured by this policy. 4. Unenforceability of the lien of the msured mortiage 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. fu {:;3~~i?:i!~ 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 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the trarISaction creating the interest of the insured lender, by reason of the operation offederal 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 arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that leVJes 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 proceedings, whether or not shown by the records of such agency or bd the public records. l t::Ie!~:/e~~:· o~::c~~b~~!~~~!i~ru;h:r~~t~hicg~~~f~~~!icb;i:;~bl~~c~~i~. be ascertaine by an inspection of the land or which may be asserted by persons in possession thereof. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct surve(c would disclose, and which are not shown 'tl; the public records. ~y \~e~':ibit~~';;!~ing claims; (b} reservations or exceptions in patents or in Acts authorizing the issuance thereof; c} water rights, claims or title to water, whe er ornot the matters excepted under (a), (b) or (c) are shown 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 conceming: a.building, b. zoning, c.land used. 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 I 7. 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 the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically descnoed 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 I I or 21. 7. The transfer of the Title to You is invalid as a referential transfer or as a fraudulent transfer or conve ance under federal bankru tcy, state insolvency, or similar creditors' ri hts laws. LIMITATIONS ON COVERED RISKS our msurance or t e o owmg vere 1s s 1s 1m1t on t wner s overage tatement as o ows: • 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: l~n~ 0 rii::~i~Fo°nliC.e!~~~~t~ep:~:ri~ 0 ~~~!~1::S1!:1lo!:~~rai;1~1~~i~a~~:1;/!!ro~~~~~~~r~~~::i~t:n~iih!=~ina:e~~bli~~::rt~J~U~;8o~~~ew;~g~x;1~:nd~e:!~f~i~~h:~~~in:e 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 witliout knowing of the takinn flieT;~li~~s~!i;~~~d:~a!:·umit~:·1~bo~~dd~t~iliiI01ie:~~;e~~~tit~: l~r' ~~!!~1tTi¥1~ ~s:e Policy Date -unless they appeared in the public records *that result in no loss to you *that first affect your title after 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: I. (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 charac\er, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion I (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 Insured Clainlant 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 I I, 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 ofan Insured to comply with applicable 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 Insl,lfed 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 I 3(b} of this policy. 7. 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 ofrecording of the Insured Mortgage in the Public Recor~s. This Exclusion does not modify or limit the coverage provided under Covered Risk I l(b}: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) that arise by reason of: l.(a) Taxes or assessments that are not shown as existing liens by the records ofany 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: Page 10 PA2019-144 Order No. 140-2012912-32 I. (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 ofland; or (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion J(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording 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 affurd either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (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 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. 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, costs, attorneys fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including but not limited 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 the land; or (iv) environmental protection, or the effect ofany violation of these laws, ordinances or govemmentid regulations This Exclusion l{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 l(b)does not modify or limit the coverage provided under Covered Risks 5, 6, l3{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 Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;(c) resulting in no loss or damage to the Insured Claimant;(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered 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 applicable 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 fur 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 applicable 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 offederal 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. Page 11 PA2019-144 Orange Coast Title Company PRIVACY POLICY We Are Committed to Safeguarding Customer Information Order No. 140-2012912-32 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 -I?articularly 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 wtth 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 p~oses and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (I) 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 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 tq.e new Privacy Policy before the new policy becomes effective. Page 12 PA2019-144 Order No. 140-2012912-32 Orange Coast Title Company 3536 Concours, Suite 120 Ontario, CA 91764 909-987-5433 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 2324 Pacific Drive, 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 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.l(a)(2). · 5. The undersigned agree(s) to indemnify and hold Orange Coast Title Company 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: Page 13 PA2019-144 .--1 ALI..E"Y ~ "' JIB" I,{-' . ,,,,, -50' ~ in CORONA ~ @ ~ ~ ~ ~ -----. 0 ___ 14 13 ~ ~ @ ~ :s: ~ :s "'l. V ~ 12 ~ II . ~ 'i 10 9 ®,,s· @ ~ BU(, -,,..328 1/8' ~ { IOI} ALl.EY ~ ~I I el 7t1z5• 61-'. "-. '.,./''4 ,, , SD' i! I .~,s• ;; I I s 35• I -3()' j .. I 36' '\ :i: 1 I I I,,; ~ ~r : $ I . ·©. 0 © G,)· C,'), l I ~ <q I I l ~ ~ : I I ~ I I I 25' I I I ~ . I \j ~ '-r ~ -----...J 5t:J' P4C/r;c MARCH 1:183 CORONA DEL MAR b FIRSl 'I\ Ill}' ·::.. 0 ,. .. 18 09 I l THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WlTH LOCAL SUBDIVISION OR BUILDING ORDINANCES. (53 RO. PL./ AVENUE ~ ,,,. 118' 5C' @ ~ IT PRQ.JfCT 938-01-,118,419 ® ~ ~ ./ / $-. Q.Q81@Ac. ~ 16 15 ~ ~ 111 ~ @ @ 14 /3 JIB' ~ ~ 086. ® /2 IJ ~~ /0 $ @ @ ~, " ("' )l f>i BLK~ -,329 118' 118' -~ 35' (1 =· 7 ,. 6 (I i© 0 @ I I I I os< ... 01 M. M. 3~42 { JQ2} All£>' ~ ..... l.,j .,,,, _,/"4 @ ® I I ., 3 30• 2 I es· @ @ i YI ~®' I I--, 1' .I- @5 ~ ~ "I "i1: I,; ~ ~ ~ ~ 1:-tl so' -O~,..~e • ' NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES BEGONJA P/JRI< BU. 330 / @/ I ✓ '· ,,. '-; CD I §/ I Cl;; "' 1,4J2AC,; '- I I I I i I I I .1 I "· / DEL .,;, ~ ~i· ( I . i / / I ~~ s " j ~ '• t5 ...... ..... i ~ ·~· "' 0'2:'V, cs . ASSESSOR'S MAP BOOK 459 PAGE 10 · COUNTY. OF ORANG£ . 1·o .-i :◄st:-::_--~--· _.,; ::: I Cl . •·' '' ' . ~ .·, ;··.t .··! ',/ ,,.:' .. r I :t, r: .:':°d :--:i . 'J •,: · .. : , I :,:,:! ··l· \ 1" = .60' ' : ~ .. ..,: •.; . ' :_'j /.i. " ;-~· t ,:"( .:_.t . ~ . ~ ', f :,., ~ PA2019-144