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HomeMy WebLinkAboutPA2019-157PA2019-157 Batch 5458863 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder Page 1 of2 RECORDING REQUESTED BY: I IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll 1111111111111111111111111111 12 . 00 Community Development Department Planning Division · 100 Civic Center.Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 AND WHEN RECORDED MAIL TO: Community Development Department Planning Division 100 Civic Center Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 * $ R O O 1 1 2 7 6 6 1 1 $ * 2019000454075 2:59 pm 11/14/19 48 401 C17 2 0.00 0.00 0.00 0.00 3.00 0.00 0.000.000.00 3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF COMPLIANCE N·o. CO2019-018 {PA2019-157} California Government Code Section No. 66499.35(c) CITY OF NEWPORT BEACH Owner: an undivided Fifty percent (50%) interest to GARRETT PATRICK SHUMWAY, as Trustee of the SURVIVOR'S TRUST created under the FORREST N. SHUMWAY AND PATRICIA K. SHUMWAY TRUST dated April 26, 1994: and an undivided Fifty percent(50%) interest to GARRETT PATRICK SHUMWAY, as Trustee of the SHUMWAY NON-EXEMPT MARITAL TRUST created under the FORREST N. SHUMWAY AND PATRICIA K. SHUMWAY TRUST dated April ~6. 1994 · Site Address: 1404 East Balboa Boulevard City of Newport Beach, County of Orange Assessor Parcel Number: 048-181-21 Number of parcels for which this Certificate of Compliance is being issued and recorded: One {1) LEGAL DESCRIPTION Lot 13 in Block 23 of "East Side Addition to the Balboa Tract," in the City of Newport Beach, as per map recorded in book 4 page 20 of Misc~llaneous Maps, in the office of the county recorder of said county, together with the west half of Lot 14 in said Block 23. Tmplt: 09-10-18. https://gs.secure-recording.com/Batch/Confirmation/5458863 11/14/2019 PA2019-157 Batch 5458863 Confirmation 1404 E. Balboa Blvd. Page: 2 of 2 CERTIFICATE OF COMPLIANCE California Government Code Section No. 66499.35(c) CONTINUATION Newport Beach Certificate of Compliance No. CO2019-018 (PA2019-157) Notice: This document certifies compliance with the State Subdivision Map Act, specifically Government Code 66499.35, and the local subdivision ordinance enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. - Cfy~ ·~r,fur Seimone Jurjis, PE, CBO Community Development Director ACKNOWLEDGEMENT BY NOTARY PUBLIC November.14, 2019 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. STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) Page 2 of2 On No\/~wal>u /'-I 20/C/, before me, Ki M.. \{te_U, b(o~ -Pu~li-c. personally appeared . J? a..v t d s. L~ ' (Place Notary Seal Above) Tmplt: 09-10-!8 who proved to me on the basis of satisfactory evidence to be the person~ whose name-'81 is/are" subscribed to the within instrument and acknowledged to me that he/SRe/tbey executed the same in his/htirftbeir authorized capacity~, and that by his/hsrltbeir signatur~ on the instrument the person'8t, or the entity upon behalf of which the perso~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha~d ~ official s Signature ~ Signature of Notary P. 1 https://gs.secure-recording.com/Batch/Confirmation/5458863 11/14/2019 PA2019-157 'f>tt2ot4 -\r7 Certificate of Compliance Community Development Department Planning Division 100 Civic Center Drive/ P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)6#3204 Telephone/ (949)644-3229 Facsimile www.newportbeachca.gov Pro e Owners Name . SHu~wA'C ~\..I.RVJver(s TR1JST (set/~) Address ~G.,l Sc.oTT AvE. City,State W iNN E.TKA , '.L.L.. Zip Code G,CC<i3 Email 5.p.5hu.~-vc,y@ co""'c:.u..~+8 •,e .. f Phone No. (~4?) l;l 't-,'143 Fax No. A licant s Name . GAiR-t=::.1T ?. S\-\v.KwA-Y, TR.uS1E£ Address City, State Zip Code Email Phone No. Fax No. Site/Pro· ect Address Assessor's Parcel No. li..\' D'-t £. BALBOA °BLVD. 0 4~ -l '81 -'l \ Along With the above portion of this form completely filled out, please submit the following: 1. A legible copy of the latest Recorded Grant Deed or Contract of Sale showing current ownership, include the Title Insurance Policy if available. 2. A copy of the latest Tax Bill and Assessor's Map. 3. A copy of any and all documents supporting original creation of the parcel (e.g. Grant Deeds, Contracts of Sale, Records of Survey, Building Permits, or other documents). 4. If the project is improved, include legible copies of: • A Plot P Ian, fully di mensioned on an 8½ " x 11 •: s heet s hawing entire parcel, al I improvements, and parcel area in square feet. • A Building Permit for a Principal Building on the Property. 5. An application fee in the amount of $330 ($318 + OC Recorders Fee·$12) payable to the City of Newport Beach. Please note parcels not in compliance with Subdivision or Zoning regulations may incur additional costs. Do Not Complete Application Below This Line -For Office Use Only Submitted: ~ ) IS ) l'i Planner t>. L. ext. CO No. Fee Paid: Date Malled DNo. Form of Payment: Check No. Date of OR 0 Check D Credit Card Pin ChckNo. Receipt No. ORNo. IS" Remarks: Updated 02/28/19 PA2019-157 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1973 CHICAGO TITLE INSURANCE COMPANY SUBIBCT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or dam.age, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being·vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highw~y if the land, in fact, abuts upon one or more such str~ets or highways; and in addition, as to an insured lender only: S. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured . mortgage and is based upon · a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or · · 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A,· the policy to become valid when countersigned by ~ authorized signatory. Issued by: ORANGE COUNTY OFFICE 17 671 Irvine Boulevard Tustin, California 92680 (714) 832-7222 ClllCAGO TITLE INSURANCE COMPANY ~217-:, ATTEST: Secretary PA2019-157 CONDITIONS AND STIPULATIONS 1. Definition of 'rerms · The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or :fiduciary successors. The term "insured" also includes (i) the owner of the indebted- ness secured by the insured mortgage and each successor in ownership of such indebtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebted- ness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have bad against the successor's transferor), and further includes (ii) any govern- mental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in para- graph 2(a) of these Conditions and Stipulations. . ( b) "insured claimant": an insured claiming loss or dam- age hereunder. ( c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of any public records. (f) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust, trust· deed, or other security instrument. (h) "public records": those records which by law impa1t constructive notice of matters relating to the land. 2, (a) Continuation of Insurance after Acquisition of Title by Insured Lender If this policy insures the owner of the indebtedness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the trans-· feree is the parent or wholly owned subsidiary of such insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebted- ness plus interest thereon, as determined under para- graph 6(a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality,.jf sµ~h agency or instrumentality is the insured claimant, in acquisition of such estate or interest in &atisfaction of its insurance contract or guaranty. { b) Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such in~ured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Pl'osecution of Actions-Notice of Claim to be Given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of aµnsured in litigation to the extent that such litigation involves . ' lleged defect, lien, encum- brance or other matter insured aga. by this policy, (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and· terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no c~e prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or pro- ceeding or to do any other act which in its opinion may be neces- sary or desirable to establish the title to the estate or interest or the lien of the insured mortgage,· as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final detem1ination by a court of competent jurisdiction and expressly reserves the _right, in its sole discretion, to appeal from any adverse judgment or order. ( e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder. shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid ( 1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, including but not limited to executing corrective or other docu- ments. 4. Proof of Loss or Damage-Limitation of Action In addition to the notices required under Paragraph 3 (b) of these Conditions and Stipulations, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or Otherwise Settle Claims and Options to Purchase Indebtedness The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred .up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebtedness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment thei:efor as herein provided. Upon such offer beinp--;--:i_de by the Company, all liability and obligations of the Comp, hereunder to the owner of the indebtedness PA2019-157 -.. CONDITIONS AND STIPULATIONS, Cor,,.,,.\ed secured by said insured mortgage, other than the obligation to purchase said ino.ebtedness pursuant to this -paragraph, are ter- minated. 6. · Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in para- graph 2(a) hereof; or . (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the un- paid principal of said indebtedness, phis interest there- on, provided such amount shall not include any additional · principal indebtedness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Com:pany will pay, in addition to any loss insured against by this pohcy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. ( c) When the amount of loss or damage has been definitely fixed in accordance with the conditions of this policy, the Joss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litiga- tion or otherwise, removes such defect, lien or encumbrance or establishes . the title, or the lien of the insured mortgage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured. as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8, Reduction of Insurance; Termination of Llablllty All payments under this policy, except payment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; prQvided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these Conditions and Stipulations, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2(a) hereof. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Com- pany may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any. 8°UJ.(;Uilt that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. · The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have paid or settled a claim under this policy, all right of subrogation shall vest in the Com- pany unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor• or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and __ (lo~s_!19t result 41, any loss of priority of the lien of the insured mortgage. The Company shall be subro- gated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to. such claim had this policy not been issued, and the Company is hereby authorized and empowered to sue, com- promise or settle in its name or in. the name of the .insured to the full extent of the loss sustained by the Company. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Company shall be subro- gated to such rights and remedies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 1 1. Llabllity Limited to this Polley This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negli- gence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered · hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or de- stroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall be addressed to it at 111 W. Washington Street, Chicago, Illinois 60602 or at any branch office of the Company shown on the reverse side hereof. 13. Fee THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINA• TION AND TITLE INSURANCE. PA2019-157 Policy No. Order No. 6616 1696 1. Name of Insured: ( SCJfEDULE A Date of Policy Sep'tfJl!lber 15 • 1975 at: 1h00 A.H. FOU£81' N. $BUDAY ad PATRICIA l(. SJWMWAY. and RACHEL !,. STEPBEIS. AS TlWSTEE Amount of Insurance $ 150,000.09 Charge $ l:,00-7. SO 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE 3. The estate or interest referred to herein is at Date of Policy vested ip: !'OlmEft N. SmJHWAY Md fATJlICIA I< .. S'HUDAY 9 husl>aad llnfl. wife, as joint t.eaaata. 4,. The land referred to in. this policy is situated in the County of Callf'oaia , and is described as follows: PAltCBt. 1~ , State of Lots a a4 ia !a Bl.Gck 21 or "East sta AMi'tion to 'the BallJoa n..ct.-0 1n the City d .Newport leach. as per map ~. 1a hNk 4 page 20 of ._llaaeOU Rapa._ 1a the office of the .. 'tY ~ of a.tel ~. 't"egetila. w.11:h 1:1-t.e Wesi: half <4 l.ota .IJ and l!f 1n .U 11.lock. 23-. Lett 3 ht Block".,.. of H!ay Fro&t &aet.tonu. in the Cl-ty of•~ haeh. •• PfDt-. ~ 1a J)ook 6 page .u of Misee.u ...... maps., 111 tile office of the camtJ ~ of aaU COW1ty,. ugetber with the West llalf. of Ioe 4 hi HU Bl.ook np. EXCEPT '!'HDEF.ROM, that pe'tlon tbenof ly.f:a,g liGl'thel:y of the Oaited States Oovennent Julkuad I.be,. • •hon cm the map of "!fewpoitt ~ • Cal.ifora.ta. sho.wlng Har)ozt Lines", apP1'0\fed J___.,. 18, 1911 by Willia M. Inpahul, Asaiatnt Secra1:u,, of w.,. conttaued ..... FORM 3235 (Rl-75) This policy valid only if Schedule . B is attached. Chicago Title Insurauce Company PA2019-157 Form 3631 Policy No. &196 SCHEDULE A. CONTINUED PARCEL 31 That port1oa of Bay Avenue. 30.00 feet wide. u show • the map of "last Side A44it1a to th• lalhoa 'Ir.ct, u as said up 1a ret ... ced 1a ~1 1, above. lyiq Ntweea· the ~ly prolongations ef the E'Ut act ._ Uaes of ae1d Percel 1. Chicago Title Insurance Company PA2019-157 SCHEDULE B Policy No. 6696 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following:. PART I 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 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 hy the public records but which could be ascertained by an inspection of the land or by making inquiry of 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) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes; ways or waterways, but nothing in this paragraph shall modif:y or limit the extent to which the ordinary right of an abutting owner for access to a physically op(m street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including hut not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the laud, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any '\'iolation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (h) not shown by the public records and :dot otherwise excluded from coverage but known to the insured claimant either at Date of Policy 01· at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. PART II l. General and special taxes, a lien not yet payable, fOI'l the fiscal yeat' 1975•76. 2. Covenantst conditions and i>estt>ictions (deleting therefros,i any restrictions based on i-ace:J color or,i creed),. as p!'Ovided in deed Reeo:vded: in book 153 page 21 of Deeds, in book 153 page 73 of Deeda and in hook 258 page 280 of Deeds 1.t'he Condition that no buildings are to be erected on Parcel 2 as contained in -deeds 0£ l'eco:r:>d, and as provided. in the agreement reoord~d !n book 227 page 317, Official. Records. · 3. Covenants, conditions and restr.ict;io~s. (deleting the,:,efronl any vesti>ictions based ; on race~ colo:r;, ~· Ot> creed).~ as provided in a declaration dj Form 3236-(R 10-73) P..ecorded: in hook 4040 page 283~ Official' Records continued. ~ ... Validating Signatory NOTE: The following endorsements appearing after Schedule B are an integral part of this policy: Schedule B of this Policy consists of 2 pages. Chicago Title Insurance Company PA2019-157 form 3631 . -. . .,. •" Policy No. 6196 SCHEDULE B CONTINUED A dft4 of 'tNtlt to seoee a badeb-tednus. Amou:t · 1 ase.ooo.&& . Tl'Usto» , FOft'Mt B. Sh\lllWaY' ad Patl"1c1a X. Shwaway • huahau4. ad wife Trwl"tee : Lanaal"k Esel'oW Services• Inc ... a CaU.foa1a COl'JO~t!on Denefie!ai7i Raohel H. Stephens,_ as Ttiutee ~ the T•t--tary 'f:Nst GE ~ ».. Stephens. fleeeasecl Dated : Aupst •• l.975 ~ : Septembel" 15• 1915 • hatlNIHllt Ko. 11126. in book ll.SU)11 page as,. Official ~ Chicago Title Insurance Company PA2019-157 --~- •·. ·/. MARCH l949 MARCH 1974 · .. 17 POR. £ l/2, SE //4, SEC. 35 T.6 5 R. /0 W. -t• JIAf'EII Ult£ A$ HltAUIAL noro. IH1' -BALBOA -- 20 THE EAST SIDE ADD. ro BALBOA TR. ftl.M. 4-20 BAY FRONT SECTION M.M. 6•/$ r::s:r-a:;;;r:;m:mrns:::sr::::? 50-17 @) @®· BAL OA BOULEVARD· NOT£ ,. ASSESSOR'S BLOCK B PARCEL NUMBERS SHOWN IN CIRCLES e mt u - ASSESSOR'S MAP BOOK 48 PAGE 18 COt/NrY OF ORANGE i. -: 48-18 1••6D' C) PA2019-157 RECORDING REQUESTED BY WHEN RECORDED MAIL TO LUCE, FORWARD, HAMILTON & SCRIPPS ATTN: ROBT. J. DURHAM, JR., ESQ, 600 WEST BROADWAY, SUITE 2600 SAN DIEGO, CALIFORNIA 92101-3391 MAIL TAX STATEMENTS TO Forrest N. Shumway 9171.Town. ~tre·Drive, Ste 410 San Die-o CA 92122 ;:~rnf·11;.::i 1!1 fiff'ici.3-·1 Rrrn~d:~ uf Orange County J ~a± i 7fJrn1 a Lee A= P~~E> 1 of SPACE ABOVE THIS LINE FOR RECORDER'S USE ...::S-. __ -....-... , .... --_:: ... __ Quitclaim Deed ASSESSORS PARCEL NUMBER: 048-1.81-21 & 27 The undersigned Grantor(s) declare(s) under penalty of perjury that the following is true and correct: Documentary transfer tax is $. __ •0 ... -__ [ ] Computed on full value of property conveyed, or . [ ] computed on full value less value of liens and encumbrances remaining of time of sale or transfer. [] Unincorporated area: [] City of _____ and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Forrest N. Shumway and Patricia K Shumway, husband and wife, as community property hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to Forrest N. Shumway and Patricia K. Shumway, Trustees of the Forrest N. Shumway and Patricia K. Shumway Trust, dated April 26, 1994 the following described real property in the City of __ _, County of Orange , State of California: See Exhibit A Attached Hereto PA2019-157 State of California ) c_ ,-...__• > ss County of~E{fD ) ~F~u!.;:\ 0 ' - tra{;,.lLl/\ Patricia K. Shum\v~y '= ~ L...'4e V }c__r.t * -C,I -V'" --, ..... l Onthisthe~dayof f6pr:;1 ,1994,beforeme, /tt/11.€.., ~-.a ,a Notary Public in and for said County and State, personally appeared Forrest N. Shumway and Patricia K. humway, person·auy known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized cap·acities, and that by their slgnl'tures on the Instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. nnteL Comm. &9071 Q PUBl.lC • CALIFORNtA:Q SAN DIEGO COUNTY r, Comm. Ellplrea Mar. 5, 1enf QOQtuO!QQO C:\DMS\RJD,DIR\9058285.WP PA2019-157 EXHIBIT 1 A1 PARCEL 1: Lots 3 and 13 in Block 23 of "East side Addition to the Balboa Tract," in the City of Newport Beach, as per map recorded in Book 4, page 20 of Miscellaneous Maps, in the office of the county recorder of said county, together with the west half of Lots 4 and 14 in said Block 23. Lot 3 in Block "N" of "Bay Front Section," in the City of Newport Beach, as per map recorded in Book 6, page 15 of Miscellaneous Maps, in the office of the county recorder of said county, together with the west half of Lot 4 in said Block "N." EXCEPT THEREFROM, that portion thereof lying northerly of the United states Government Bulkhead Line, as shown on the map of "Newport Bay, California, showing Harbor Lines," approved January 18, 1917 by William M. Ingraham, Assistant Secretary of War. PARCEL 3: That portion of Bay Avenue, 30.00 feet wide, as shown on the map of "East Side Addition to the B.alboa Tract," as said map is referenced in Parcel 1, above, lying between the northerly prolongations of the east and west lines of said Parcel 1. code: 07-001 Parcel: 048-181-21 & 27 PA2019-157f. AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO, NAMEr 7 Forrest N. Shumway A:.;:::~ 1405 East Bayfront Balboa, Calif. _J Title Order No•-··-··-6_6_9_6_ Escrow No. __ S_-_l_69_S_ $4.00 Graµt_Deed BX I 15 I Og 854 RECORDED AT REQUEST OF CHICAGO T!TLE INS. CO. IN OFFICIAL h..:..:v,mS OF ORANGE COUNrY, CALIF,. 8:00 AM SEP 15 1975 J. WYLIE CARLYLE, County Recorder This space for Recorder's use THE UNDERSIGNED GRANTOR(s) DECLARE(s) .., _ ~ .. -,o . . .. B0C.~ARY-T:R:A'NSF.mt1'.kX is•·s· -..:,-. J',.P· -=-------· _-r ___ -· -.--• -::-- .. -0 __ unincorpora~ area 1ZJ City of r.&.c .,. ~ -....,::,.,e, -e t' 4.e 4-· <!" /4-' Parcel No. £"14 .I'·• / // • w / -.,.~.;, 7 l!l computed on full value of property conveyed, or D eomputed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RACHEL H., STEPHENS, a widow, and RACHEL H., STEPHENS , as Trustee under the will of George D. Stephens, Deceased,- herehy GRANT(S) to ~DEST. N:·--s'BlJMWAY and PATRICIA K. SHUMlfAY, husband and wife, as joint tenants, the following described real property in the county of Orange , state of California: SEE FULL LEGAL DESCRIP'tION A'l'TACBED HERETO AND MADE A PART HEREOF Bayfront Section of Balboa, as shown on orded in Book 6 Page lS of Misc.~ s of said county. PARCEL II: Lots and t-he west · one-half-of -Lots 4--and 14 in Block of the Eastside Addition to Balboa, as shown on a map re• Dated . May 13, 197S STATE OF ~ ARIZONA } COUNTY OF COCHISE ·SS. n,, May ll 2 l 97S before me, the under• __ 8_ tephens:r=~-~t:=~ •-· · -· ~~ed: i' 'N6rify7u1Jlt1fin'""iffll"ftir-nut-'eoufif.fTncl"Slflie;]rei'sonaliy· --~------~-~------------~~ a't'pe1.rM Rachel H. Stephens and · Rachel HA Steohens. as Trustee PA2019-157 of the Eastside Addition to Balboa, as shown on a map re 0 Date ..... d ___ Ma_y_l3_, ___ 1_9_7_5 ________ _ STATE. OF ~ ARIZONA } COUNTY oF__.COCH=.,.,I ... S.,.E,________ -SS. On ~Y 13 t 1975 hpfore me. the under- .. · ~•-signed,a-IWmy .Piilslic m·1i.nd'rorsa1d·'Couniy·and"Stllte;persoifally --·· ----~-------~~---·· ·- appea!'l"d Rachel H. Stephens and Rachel H. Stephens, as Trustee I . Name (Typed or Printed) r VI L ( ) I,} ..-,(ou,rr: Public in and for said County and State ( Space above· for ollicial notarial seal) MAtL TAX STATEMENTS TO PARTY SHOWN ON FOU.OWlNG LINK; IF NO PAI.TY 80 SHOWN, MAIL _AS DIRECTED ABOVE Street Addreu City le State 1-101 (8-71) PA2019-157 f • ~ F'tutCEL ll ~ -~ ---81 J 15 I oPG 855 ;; Lota 3 and-13 in Block., 23 of •t:East Side Addition-to the l1alb.oa '.il:>act11" in tbs City of l!ewpo.rt J3.eacb, as per map record~ in hook 4 page 20 of Miscellaneous Maps. in the office of the ~..mty record~ a£ said county, te>g$thel.' with the t'lQS.'t half of lots 4 mld 14 in said Block .28. PARCEL 21 Lot 3 in Block tlNf' of "Bay Front Section", !n the Ci-ty <lf Uew-poFt Beach. as pev map NCOJ.'ded in book 6 page 15 of Misce.t~eous Maps,. in the ef.fice o'f tlle county ~eeo%'~ of said county. together with the West iialf of Lot 4 in said Block n1i11 • EXCEn '!'UEREFROM,. tbat portion 'thereof l.ying lloxitherly of tha United Statem ~x-nment Bulkhead Line., as.sbow ca the map of n.Newpa.ttt Bay .. calii"OJ.'lnia., showillg Harbor Linea•', approved January 18, 191.1 by WillJ.am M.. Ingraham,, Assistant: Seeretary of War. Tha:t portion of Bay Avenue. ao.oo feet wide. as sboWn on 1:he map of ~1East Side Addition to the Balboa Tract, t1 as said map is refeNnced 1n Pat"Cel 1 9 abo•e, lying between the NOl'ther.ly l)l'Olonga:tiona of the EaG't and Wast lines of said Parcel. l. . Code: 01-001 Pm_.celt 048-181-21 & 27 PA2019-157 RECCRDING.REQUESTED BY WHEN RECORDED MAIL TO McKenna Long & Aldridge LLP \ ATI"N: Carol K. Kao, Esq. ' 600 W Broadway, Ste. 2600 San Diego, CA 92101 MAIL TAX STATEMENTS TO Garrett P. Shumway, Trustee 261 Scott A venue Winnetka, IL 60093 Recorded in Official Records, Orange County Hu~U11i1il~llirli1ITTmf iifil~iii[11 lllll lllll lllll 1111111111111 18, 00 * $ R O O O 6 9 5 2 6 0 6 $ * 2014000363m 8:00 am 09/09/14 105409 D10F13 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 SPACE ABOVE; THIS LINE FOR RECORDER'S USE Quitclaim Deed ASSESSOR'S PARCEL NUMBER: 048-181-21 & 27 The undersigned grantor declares under penalty of perjury that the following is true and correct: Documentary transfer tax is $ -0-NO CONSJDERA TION (R & T 11930 -This conveyance transfers an interest into or out of a Living Trust) 0 Computed on full value of property conveyed, or D Computed on full value less value of liens and encumbrance, remaining at time of sale or transfer D Unincorporated area: !!I County of Orange WfTHOUT CONSIDERATION, GARRETT PATRICK SHUMWAY, as Trustee of tile FORREST N. SHUMWAY AND PATRICIA K. SHUMWAY TRUST dated April 26, I 994, hereby REMlSES, RELEASES AND FOREVER QUITCLAIMS: an undivided Fifty percent (50%) interest to GARRETT PATRICK SHUMWAY, as Trustee of the SURVIVOR'S TRUST created under the FORREST N. SHUMWAY AND PATRICIA K. SHUMWAY TRUST dated April 26, 1994; and an undivided Fifty percent (50%) interest to GARRETT PATRICK SHUMWAY, as Trustee of the SHUMWAY EXEMPT MARITAL TRUST created under the FORREST N. SHUMWAY AND PATRICIA K. SHUMWAY TRUST dated April 26, 1994 in the following described real property in the County of Orange, State of California: See Exhibit A attached hereto and incorporated by thi-; reference (Property address: 1405 E. Bay Avenue, Newport Bench, California) Dated:~,2014 - PA2019-157 STA TE OF _____ / _L __ COUNTY OF Ctick ) ) ) On A-((a. 2 b . 2014, before me, Ev..i k.so,. I3e.ttltltt'...c--. Notary Public, personally appeared GARRETT PATRICK SHUMWAY, 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ------;::::-::,, -~ -===::::-.,.7"•···---:--,,,,,... SiJ.llafure / OFFICIAL SEAL ERIKSON BEA~US Notary Public -Staie of 1111no1s My C-om,mlsBlo{I Expires Sep 28; 20.17 (Seal) PA2019-157 GOVERNMENT CODE 27381.7 I certify under penalty of perjury that the notary seal on the document to which this stateme·nt is attache<i reads·as ·follows: · ·· Name of Notary Notary Identification Number: .. _ ---------=rJ_·...1.l.i;.:A ________ _ Vendor Identification Number :. ______ ....... .4:-..:..i, Au..·i ______ _ County Where Bond is Filed Date Commission Expires Place of Execution .. . I-. LOS ANGELES I certify und~r penalty of perjury and the laws of the State of California that the illegit;le portions of this document to which this statement is attached as follows: SPL, Inc .• as agent .. DATE: w-/ I J I 14 M~ Signature PA2019-157 PARCEL 1: EXIDBIT A LEGAL DESCRIPTION Lots 3 and 13 in Block 23 of "East Side Addition to the Balboa Tract," in the City of Newport Beach, as per map recorded in Book 4, page 20 of Miscellaneous Maps, in the office of the county recorder of said county, together with the west half of Lots 4 and 14 in said Block 23. PARCEL 2: Lot 3 in Block "N" of "Bay Front Section," in the City of Newport Beach, as per map recorded in Book 6, page 15 of Miscellaneous Maps, in the office of the county recorder of said county, together with the west half of Lot 4 in said Block "N." EXCEPT THEREFROM, that portion thereof lying northerly of the United States Government Bulkhead Line, as shown on the map of "Newport Bay, California, showing Harbor Lines," approved January 18, 1917 by WiIJiam M. Ingraham, Assistant Secretary of War. PARCEL J: That portion of Bay A venue, 30.00 feet wide, as shown on the map of "East Side Addition to the Balboa Tract," as said map is referenced in Parcel 1, above, lying between the northerly prolongations of the east and west lines of said Parcel 1.