Loading...
HomeMy WebLinkAbout20191118_Application_PA2019-238 Community Development Department Planning Permit Application 1. Check Permits Requested: D Approval-in-Concept -AIC # D Lot Merger D Coastal Development Permit D Limited Term Permit- □ Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -D Major D Minor D Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I ~ o 1 'P p.Q...\,l-~lf;...J.""'4.(f/;... j O ~ Z- 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 Jraffic Study 0'" Use Permit -~nor □Conditional D Amendment to existing Use Permit D Variance □ Amendment -□Code □PC □GP □LCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): 4. Mt.,,J,0'1-"--\.~e,_ P~r-r--Fe2-o'""' ,-"1fe.. 4\ ~ ""{PE.. 4, t...\Q.\...&.c"2-'-\ ~ca.1=-· H-o\..AO.."S e._...,_,"""=-1'=::i.e:..b -ro ID,f"J\ ~ -==t.~ Applicant/Company Name I C..L-~ l"'S~~ Y1&-o f>~I&-~ L~ I Mailing Address I I":).-, ~~. ,..\e..-p,.,vr.-Suite/Unit I I City I ~ eo~ o~~ State I CJ::.... I Zip I ~ 2.,'4:,"'2-I Phone j Fax I I Email 5. Contact/Company Name I 'b>-,j Ml'-L E-'2 I Mailing Address I 11 , \.--(A-0-,~e.. IJ,,,.4./E_ Suite/Unit I I City I ~E-Wpo~~-A-c.." Statel .---c--.~-----1 Zip I °t"')..-'4:.t,2-j Phone kd-s--~S\ -4,~ ;.J Fax .--I -----1 F..mail I do..n ✓i laJ.-re t5;..-v1M\ 'c.oJ 6. Owner Name I ~~ ~~s I Mailing Address I So, 'P~ A-vE;... Suite/Unit ,--------1 City I l..le:»Je~ ~e..Ae ~ State =i ==c.;:::=-:~==-===--==-==~:1 _:Z:.:iiPt:..::l=c:=t=='l-=b=b==~:::::::::;1 Phone hs-, -71 \-~~(p 2-I Fax I j Email.,___ _________ ____, 7. Property Owner's Affidavit*: (IHWer~' -~~~,~-.---.-~~-0 ---#',-~-------------~ depose and say that (I am) ~s a1~ the owne$+,of the property~ involved in this application. (1)-fd'vetfurther certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submi e in all respects true and correct to the best of (my) ~our)imowledge and belief. -.,.-~-~ Title:I ?,...__.,..,.L.....,a... lnate:l \'--1 11 J \"'\ I DD/MON AR I Signature(s): ______________ Title: ~1--------~' Date: 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_Division\Applications\Application_Guidelines\Planning Permit Application -CDP added.docx Rev: 01/24117 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: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 11.18.2019 050 052 35 5 BALBOA ISLAND IMPROVEMENT ASSOC.PA2019-238 MU-W2 MU-W2 UP2019-053 D2019-0589 UP2014-009 PA2019-238 PA2019-238 CLK Island Properties 127 Marine Avenue Newport Beach, CA 92662 Dba: 501 Park Avenue Bistro 925-351-4782 City of Newport Beach Community Development Department 100 Civic Center Drive Newport Beach, CA 92658-8915 Re: Minor Use Permit November 12, 2019 501 Park Avenue Bistro is seeking to obtain a minor use permit offering a type 47 liquor license and hours of operation until 10pm. The Parcel ID is 052. The gross floor area is approximately 3500 sq feet. The restaurant currently seats 95 guests, has 12 staff, 3 parking spaces, and offers a full service coffee and restaurant setting. The restaurant currently maintains a type 41 (beer and wine} license and operates from 7am to 9pm Monday-Sunday for breakfast, lunch, and dinner. 501 Park Avenue Bistro PA2019-238 ■■NORTH 0 -AMERICAN .alllTITLE -■COMPANY Pacific Sotheby's International Realty 1200 Newport Center Drive Ste 100 Newport Beach, CA 92660 Attn: Randi Beck Your Ref: Our Order No.: Property Address: Preliminary Report Dated as of November 5, 2019 at 12:00 AM. 3090 Bristol Street, Suite 190 Costa Mesa, CA 92626 Office Phone: (949)419-9400 Office Fax: (800)464-6282 Email: 92002-19-00553 501 Park Avenue, Newport Beach, CA 92662 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Insurance Company Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title · Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CL TA and ALT A 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 A. 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 A 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 to 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. The form of Policy of title insurance contemplated by this report is: ALT A Loan Policy America First Homeowner Policy (ALTA/CL TA Homeowner's Policy of Title Insurance) Please note that the America First Homeowner's Policy (CL TA/ AL TA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CL TA/ ALT A Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Scott Enda & Greg Woodbury, Prelim 92002-19-00553 PA2019-238 SCHEDULE A 1. The estate or interest in the land herein after described or referred to covered by this report is: Fee Simple 2. Title to said estate or interest at the date hereof is vested in: ANTARES GROUP LLC, a California limited liability company 3. Real Property in the City of Newport Beach, County of Orange, State of California, described as follows: See attached Legal Description Prelim 92002-19-00553 PA2019-238 LEGAL DESCRIPTION Real Property in the City of Newport Beach, County of Orange, State of California, described as follows: LOT 21, BLOCK 9, RESUBDIVISION OF SECTION 1, BALBOA ISLAND, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 30 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEING THE SAME LAND AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 28, 2014 AS INSTRUMENT NO. 2014000437020 OF THE OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 050-052-35 Prelim 92002-19-00553 PA2019-238 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020 . First Installment: $7,870.84 OPEN Penalty: $787.08 Second Installment: $7,870.84 OPEN Penalty: $810.08 Tax Rate Area: 07-067 A.P. No.: 050-052-35 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Water rights, claims to water, whether or not shown by the Public Records. 4. Covenants, conditions, restrictions and easements in the document recorded in Book 219, Page 396 and Book 240, Page 17 4, both of Deeds , but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 5. The terms and provisions contained in the document entitled II Encroachment Agreement (Encroachment Permit Number N2015-0187) 11 recorded July 29, 2015 as Instrument No. 2015000393785 of Official Records. 6. Any facts, rights, interests or claims which would be disclosed by a correct ALT A/NSPS survey. 7. Rights of parties in possession. 8. We find no open deeds of trust, and will require the Open Loans Affidavit form to be submitted for review prior to close. 9. With respect to Antares Group LLC , a California limited liability company: Prelim a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11 ), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such 92002-19-00553 PA2019-238 document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require 10. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 11. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. Prelim The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. *********************END OF RE PO RT********************* 92002-19-00553 PA2019-238 ********************NOTES********************* 12. NOTICE OF RECORDING PROCEDURE Pursuant to Cal. Revenue & Tax Code §480.3, all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a nonexclusive list of documents that are affected by this change, are available fro_m the County Recorder's Office or the Office of the County Assessor. Effective January 1, 2018, Cal. Government Code §27388.1 imposes an additional fee of $75.00 to be paid at the time of recording for every real estate instrument, paper, or notice required or permitted by law to record, except those expressly exempted from payment. 13. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. North American Title Company charges for recording the transaction documents include charges for services performed by North American Title Company, in addition to an estimate of payments to be made to governmental agencies. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 14. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map Prelim 92002-19-00553 PA2019-238 Prelim except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. 92002-19-00553 PA2019-238 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE Referring Party: North American Title Company, North American Title Company, Inc., North American Title Company of Colorado, North American Title, LLC, North American Title Agency, Inc., or North American Title Company, LLC, as applicable ("NAT") This is to give notice that NAT has a business relationship with North American Title Insurance Company ("NATIC"). NAT and NATIC, directly or indirectly, are wholly owned subsidiaries of States Title Holding, Inc. Because of this relationship, this referral of services may provide NAT a financial or other benefit. Set forth below are the estimated charges or range of charges for the settlement services provided by NATIC. You are NOT required to use NATIC as a condition for closing 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. Title Insurance Fees NAT provides closing services and title insurance through numerous title insurance underwriters, one of which is NATIC. If NATIC is selected as the title insurer, the following fees apply: 10% -40% of costs for lender's and/or owner's title insurance, as applicable, depending on the property state, and as shown on the Loan Estimate and/or Closing Disclosure provided by your lender. Contact your local NAT representative for a more detailed title insurance quote based on your specific transaction. Prelim 92002-19-00553 PA2019-238 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Acknowledgment I/we have read this disclosure form, and understand that NAT is referring me/us to purchase the above-described settlement service and may receive a financial or other benefit as the result of this referral. 8 uyer/Borrower: Seller: Date: ____________ _ Date: ____________ _ Prelim 92002-19-00553 PA2019-238 NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190, Costa Mesa, CA 92626 Office Phone: (949)419-9400 Office Fax: (800)464-6282 Email: Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. Attention: Your Ref: Our Order No.: 92002-19-00553 LENDERS SUPPLEMENTAL REPORT Dated as of November 5, 2019 at 12:00 AM. Title Officer: Scott Enda & Greg Woodbury 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 form policy of Title Insurance: Our AL TA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Commercial Known as: 501 Park Avenue, Newport Beach, CA 92662 City of Newport Beach County of Orange State of California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None Prelim 92002-19-00553 PA2019-238 Privacy Policy Rev. 01/07/2019 The States Title Famil anies WHAT DOES THE STATES TITLE FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons the States Title Family of Companies ("ST") chooses to share, and whether you can limit this sharing. For our everyday business purposes Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes To offer our products and services to you For joint marketing with other financial companies For our affiliates' everyday business purposes Information about your transactions and experiences For our affiliates' everyday business purposes Information about your creditworthiness For our affiliates to market to you For nonaffiliates to market to you Call 1 (650) 419-3827 Prelim Yes No Yes No No We don't share Yes No No We don't share No We don't share No We don't share 92002-19-00553 PA2019-238 How does ST protect my personal information? How does ST collect my personal information? Why can't I limit all sharing? To protect your personal information from unauthorized access and use, we use sec;urity measures that comply with federal law. These measures include computer safeguards and secure files and buildings. We collect your personal information, for example, when you • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes -information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an Your choices will apply to everyone on your account -unless you tell us otherwise. account I hold jointly with someone else? Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, IT service providers, companies that perform marketing services on our behalf, and consumer reporting agencies. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • ST doesn't jointly market . The States Title Family of Companies consists of the following entities: States Title Holding Inc. States Title, Inc. States Title Insurance Company States Title Insurance Company of California States Title Agency, Inc. Spear Agency Acquisition Inc. Title Agency Holdco, LLC. Prelim North American Title Company North American Title Company, Inc. North American Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. North American Title, LLC North American Title Company, LLC NASSA LLC North American Asset Development, LLC 92002-19-00553 PA2019-238 CL TA Preliminary Report Form -Exhibit A (Rev. 05-06-16) CL TA 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, 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 dimensions 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 regulations, except to the extent that a notice of the enforcement 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 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. 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 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; 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 arise by reason of: 1. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 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. (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. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) 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: Prelim 92002-19-00553 PA2019-238 a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALT A LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 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 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 applicable doing-business laws of the state where 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 between 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 ). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: Prelim 92002-19-00553 PA2019-238 EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part 11,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys• fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ) PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 AL TA 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: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 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. 1. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. 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. 3. 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. 4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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 in 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. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] Prelim 92002-19-00553 PA2019-238 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 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 Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); 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 applicable doing-business laws of the state where 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 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 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. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Prelim 92002-19-00553 PA2019-238 File No.: 92002-19-00553 OWNER'S DECLARATION The undersigned Owner(s) of legal age, being.duly sworn, deposes and states under penalty of perjury under the laws of the State of California. 1. That certain real property (the "Property") as described in that certain Commitment of Title Insurance/Preliminary Report No. 92002-19-00553 dated as of ("Commitment/Report") issued by or on behalf of is improved by the following (check all that apply) D Single family residences D Apartment building O One-to-four family residences D Office building D Commercial building D Industrial building D Combination office/commercial building D Vacant Land D Other: 2. WORK OF IMPROVEMENT: Please respond to A, Band C below: A. For the period of 90-days prior to the date of this Affidavit, no repairs or work of improvement has been conducted on, nor any materials supplied to, the Property except as follows: (Enter "None" if such is true.) If you have described any work of improvement above, please complete the following: D Started on _______ , 20 __ . D Completed on , 20 __ . D Will be completed on _________ 20 __ . B. Cessation of Labor (Please place an "X" by 1 or 2 below): D 1. There has been a cessation of labor where a work of Improvement was discontinued before completion within 150 days of the date of this Affidavit. PLEASE DESCRIBE THE NATURE OF THE WORK THAT DISCONTINUED: D 2. There has not been a cessation of labor where a work of improvement was discontinued before completion within 150 days of the date of this Affidavit. C. There are no unpaid bills for labor or material because of any improvements made to the Property except: (Enter "None" if such is true.) 3. No one is in possession of, or has any right to possession of, the Property except: D Declarant as owner. Owners Declaration Commercial 92002-19-00553 PA2019-238 D Tenants based only on month-to-month rental agreements. D Tenants based upon existing leases as listed on the Rent Roll attached hereto as Exhibit A and incorporated herein by reference. D Other: ------------------------------------ 4. No person(s) or entitles, have (i) any options to purchase or rights of first refusal, including but not limited to lessees under any leases referred to in Paragraph 3 above, and/or (ii) easements, licenses, agreements or other rights allowing them to use, encroach on, or access to the Property except (i) as shown in the Commitment/Report, and (ii) (Enter "None" if such is true.) 5. Those certain lease(s) shown as exception number(s) _____ in the Commitment/Report have either: (a) expired by their own terms, or (b) if they have not expired, the lessee(s) have vacated the Property and Declarant has been notified of the vacation of the Property either by correspondence from the lessee or by physical inspection of the property. 6. To the best of Declarant's knowledge, there are no unrecorded real property taxes or assessments against the Property. The undersigned is not aware of any release reports or commitment statements which have been issued pertaining to any environmental issues or liens. 7. This Affidavit is given for the purpose of inducing North American Title Company, Inc. and its agents to issue policy(ies) of title insurance which may provide coverage with respect to all matters set forth herein. If North American Title Company, Inc. elects, in its discretion, to (a) accept this Affidavit, and (b) issue title insurance policy(ies) to third parties, North American Title Company, Inc. will do so in material reliance on this Affidavit and the representation and covenants in this Affidavit. 8. Declarant acknowledges that he/she has read this Affidavit, that all the statements made in this Affidavit are true and correct of his/her own actual knowledge, and fully understands the legal aspects of any misrepresentations or untrue statements made in this Affidavit. Declarant, both personally and on behalf of Owner, covenants and agrees to defend, indemnify, and hold North American Title Company, Inc. harmless from and against any and all claims, actions, suits (including arbitration), liabilities, losses, damages, costs, charges, attorney's fees and other expenses of every nature and character as a result of its reliance on this Affidavit. Executed on __________ _, 20 __ , at ___________________ _ (City) (State) "Declarant" Owner Owner Owners Declaration Commercial 92002-19-00553 PA2019-238 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) SS COUNTY OF _________ ) On ___________ , before me, _______________________ _ Notary Public, personally appeared __________________________ _ ________________________ , 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. Signature Owners Declaration Commercial This area for official notarial seal 92002-19-00553 PA2019-238 OPEN LOANS AFFIDAVIT Order No.: 92002-19-00553 Escrow No.: 92002-19-00553 _________________ of legal age, hereby declares and swears, under penalty of perjury that the following information, declarations, representations and answers are true, correct and complete: 1. I am the current owner of the property in this transaction which has an address of: 501 Park Avenue, Newport Beach, CA 92662 2. That the following is a complete and comprehensive list of all open loans taken out against said land: (If no open loans, please write NONE on the 1st Current Lender Line and initial). 1.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □YES □ NO IF YES, how long ( ___ _,)MONTHS 2.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □YES □ NO IF YES, how long ( ___ _,)MONTHS 3.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □YES □ NO IF YES, how long ( ___ _,)MONTHS 4.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □YES □ NO IF YES, how long _____ )MONTHS 3. I understand and acknowledge that this Affidavit is made for the protection and benefit of and for all other parties hereafter dealing with or who may acquire an interest in said Property and for the purpose of inducing (including its affiliates and underwriters) to insure title to said Property. I am fully aware and know that will rely on this Affidavit and would not insure title without it. We also hereby agree to indemnify and hold harmless and to become fully financially responsible for any loss that may occur to or any other parties if any of the information, declarations, representations and answers turn out to not be true, correct and/or complete, whether by accidental omission or actual deceit and/or fraud. Date Antares Group LLC Date Open Loans Affidavit 92002-19-00553 PA2019-238 Open Loans Affidavit 92002-19-00553 PA2019-238 J POR. NW 1/4, NE 1/4, SW 1/4, SEC. 35, T 6 S, R 10 W I ~ \ \ l oso-05 ~ TOPAZ AVENUE l ] ... ~ i5 :s: ~ , .. . . . . .. ~®~@~•~/ =0 ® @ © ® ® Cf) @ ® SEC TION 21 20 19 18 17 16 15 14 13/ -......_ 12 11 10 9 8 7 ,.,23· @) ® @ .. 11 Ill' '\"II !! ] 22 2., 24 25 26 27 28 29 30 '--../ 31 J2 33 34 35 :r ;@ l' =@ @ @ @ @ @ @) @ @ @ @ @ @>= --I ~@ , .. , .. rr.,s· 3 @ ® @ ~6!35" t--0 \ OPAL AVENIIE ] ] .• : ;~~ ; ~ ~~-~ ~ ;-:; ~~~© ; ~ ; ~ \. ' ~ -,~ ,.~/ 06-l~• @ : II I 6 a, ct ® I I I,.. ;rt I /-~'-~ 20 I 19 118 17 16 15 14 13 11110 19 8 7 23 24 25 26 27 28 30 Jf .12 33 ...... 225-41 ONE -~ I l~T' I@ I® I® I@ I® I® I~ r· .~ lC® 7 \ AGATE AVENIIE ",G ® ( 04 I I MARCH 1949 RESUB. BALBOA ISLE SEC. ONE M,M, 6-30 NOTE -ASSESSOR'S BLOCK & ~ASSESSOR'S MAP D PARCEL NUMBERS .P4' BOOK 050 PAGE 05 SHOWN IN CIRCLES COUNTY OF ORANGE