Loading...
HomeMy WebLinkAbout20191202_Application Community Development Department Planning Permit Application CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/24/17 1. Check Permits Requested: Approval-in-Concept - AIC # Lot Merger Staff Approval Coastal Development Permit Limited Term Permit - Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Variance Development Agreement Planned Development Permit Amendment -Code PC GP LCP Development Plan Site Development Review - Major Minor Other: Lot Line Adjustment Parcel Map 2. Project Address(es)/Assessor’s Parcel No(s) 3. Project Description and Justification (Attach additional sheets if necessary): 4. Applicant/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 5. Contact/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 6. Owner Name Mailing Address Suite/Unit City State Zip Phone Fax Email 7. Property Owner’s Affidavit*: (I) (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): ________________________________ Title: Date: DD/M0/YEAR Signature(s): ________________________________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. PA2019-249 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ 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: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 12.02.2019 425 471 55 AND 425 471 56 3 MARINERS MILE BUSINESS OWNERS ASSO. MU-H1 MU-MM 2510 AND 2030 WEST COAST HIGHWAY- 2 DIFFERENT APNs PA2019-249 D2019-0591 SD2019-003, TS2019-004, UP2019-054 CD2019-062, LM2019-004, PA2019-249 □ □ □ □ □ □ □ □ □ □ □ PA2019-249 2510 W. COAST HWY LLC / 2510 W. COAST HWY EAT LLC October 18, 2019 Makana Nova, AICP Community Development Department Associate Planner City ofN:ewport Beach 100 Civic Center Drive Newport Beach, CA 926601 Dear Makana, 2510 W. Coast Hwy LLC and 2510 W. Coast Hwy Eat LLC, owners of the property commonly known as 2510 W. Coast Hwy, hereby authorize Sean Matsler and the law firm of Cox, Castle & Nicholson LLP to act as its agent with respect to the proposed 2510 W. Coast Hwy mixed use project. 080335\11181704vl Regards, Mark Moshayedi Managing Member, 2510 W. Coast Hwy LLC and 2510 W. Coast Hwy EatLLC Project Description: 2510 PCH Mixed Use Development The applicants, 2510 W. Coast Hwy LLC and 2510 W. Coast Hwy Eat LLC, hereby propose a mixed-use project at 2510 and 2530 West Coast Hwy (APNs 425-471-55 & 425-471-56) consisting of: (i) 10,402 SF of boutique auto sales; (ii) 750 SF of office; and (iii) 36 residential units. Of the 36 residential units, 3 (i.e., 11% of the 27 base units) would be deed restricted for Very Low Income households in order to achieve a 35% density bonus. The applicants rely on the City’s density bonus parking rates and request, as one of the allowed density bonus concessions, a height increase from 26’ to 35’ for the residential component of the project. The requested entitlements include: (i) Coastal Development Permit; (ii) Lot Merger; (iii) Major Site Development Review; (iv) Traffic Study and (v) Conditional Use Permit to allow a boutique auto sales parking rate of 1 space/876 SF. The proposed project is consistent with, and seeks no amendments to, the City’s Local Coastal Program, Zoning Code and General Plan. 080335\11284642v1 PA2019-249 PA2019-249.. Commonwealth Land Title Company WHEN RECORDED MAIL TO: Mark Moshayedi 14 Channel Vista Newport Coast, CA 92657 MAIL TAX STATEMENTS TO: Mark Moshayedi 14 Channel Vista Newport Coast, CA 92657 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder I IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll lllll lllll lllll llll I I Ill llll 35. 00 * $ R O O 1 0 5 8 6 3 7 9 $ * 2019000015317 10:20 am 01/16/19 363 401 G02 4 07 3520.00 3520.00 20.00 0.00 9.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX: $7,040.00 x Computed on the consideration or value of property co;nveyed; OR ... Computed on the consideration or value less liens or encumbrances remaining at time of sale. A.P.N.: 425-471-55 and 425-471-56 Undersigned Grantor. Signature of Declarant or Agent determining tax -Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jeffrey D. Shafer, Successor Trustee of the Shafer Family 1983 Trust B, as to a 50% interest and JeffreyD. Shafer, Successor Trustee of the Jeffrey D. Shafer Irrevocable Trust dated August 30, 2010, as to a 50% interest hereby GRANT(S): to 2510 W. COAST HWY LLC, a Delaware limited liability company, an undivided 31.3 % interest as a tenant in common, and to 2510 W. COAST HWY EAT LLC, a Delaware limited liability company, an undivided 68.7 % interest as a tenant in common. the real property in the City of Newport Beach, County of Orange, State of California, described as set forth on Exhibit "A" hereto. SUBJECT TO: 1. Taxes and assessments. PA2019-249 2. All covenants, conditions, restrictions, reservations, easements, rights of way, and interests of tenants in possession, whether or not of record or visible from an inspection of the property, and all matters which an accurate survey of the property would disclose. J~~ ofthe Shafer Family 1983 Trust B of the Jeffrey D. Shafer Irrevocable Trust dated August 30, 20 l 0 t,,I ~--e..~ Y\-e.(, (;Pl!)-'t' +or Y\ o-\-a_ " \ -Z...'l +-t b n. oeL PA2019-249 ACKNOWLEDGMENTS 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 lo s Any I ie 5 olt,1 q L On~\l\v~l' ~ 11 1 before me, \TA CA'S::,!)\ LIL -, notary public, personally appeared Jeffrey D. Shafer who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(k:a➔, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY 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 C&~(J (Seal) ~ ~\S: 8-A~'f (?,,e)on_5S Tf> %-e G--" ~ Y\, 3:>e-e.o-l A-f JU. tt LJ a~· Yl I .. ) r 0--~ c,{ 4~~ .. i,-,,.,SiP .,ec__ PA2019-249 EXHIBIT ''A" (Legal Description) All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: PARCELS tt 2 AND 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 85, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCELB: THAT PORTION OF LOT A OF TRACT NO. 919, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPSt RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 1133, SEAVIEW HEIGHTS, AS SHOWN ON MAP RECORDED IN BOOK 36, PAGES 13 AND 14 OF MISCELLANEOUS MAPS IN SAID OFFICE, WITH THE NORTHEASTERLY -LINE OF LOT 19 OF LAST SAID TRACT; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID NORTHEASTERLY LINE SOUTH 61 ° 00' 30st EAST 57.10 FEET TO A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED RECORDED IN BOOK 1396, PAGE 168 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION SOUTH 39° WEST, 35.65 FEET TO THE NORTHWESTERLY, LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 975, PAGE 361 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 61 ° 00' 30" WEST 57.10 FEET TO SAID SOUTHEASTERLY LINE; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 39° 43' 30" EAST, 35.65 FEET TO THE POINT OF BEGINNING. PARCELC: . PARCEL 1 OF PARCEL MAP NO. 90-173, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 2S6, PAGES 25 AND 26 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor's Parcel Number: 425-471-55 & 425-471-56 Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 Commonwealth Land Title Insurance Company 4100 Newport Place Dr #120 Newport Beach, CA 92660 Attn: Vivian Lee Your Reference No: 2510-2530 W COAST HW Our File No: 09182680 Title Officer: Chris Maziar e-mail: unit10@cltic.com Phone: (949) 724-3170 Fax: (949) 258-5740 Property Address: 2510 & 2530 WEST COAST HIGHWAY, City Of Newport Beach, California PRELIMINARY REPORT – v2 Dated as of September 7, 2018 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One 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. PA2019-249 Order No: 09182680-918-GKD-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Standard Owner's Policy of Title Insurance (6-17-06) ALTA Extended Loan Policy of Title Insurance (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Jeffrey D. Shafer, Successor Trustee of the Shafer Family 1983 Trust B, a 50% interest and Jeffrey D. Shafer, Successor Trustee of the Jeffrey D. Shafer Irrevocable Trust dated August 30, 2010, a 50% interest The land referred to herein is situated in the County of ORANGE, State of California, and is described as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF PA2019-249 Order No: 09182680-918-GKD-CM8 EXHIBIT “A” All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: PARCELS 1, 2 AND 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 85, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THAT PORTION OF LOT A OF TRACT NO. 919, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 1133, SEAVIEW HEIGHTS, AS SHOWN ON MAP RECORDED IN BOOK 36, PAGES 13 AND 14 OF MISCELLANEOUS MAPS IN SAID OFFICE, WITH THE NORTHEASTERLY LINE OF LOT 19 OF LAST SAID TRACT; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID NORTHEASTERLY LINE SOUTH 61° 00’ 30” EAST 57.10 FEET TO A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED RECORDED IN BOOK 1396, PAGE 168 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION SOUTH 39° WEST, 35.65 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 975, PAGE 361 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 61° 00’ 30” WEST 57.10 FEET TO SAID SOUTHEASTERLY LINE; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 39° 43’ 30” EAST, 35.65 FEET TO THE POINT OF BEGINNING. PARCEL C: PARCEL 1 OF PARCEL MAP NO. 90-173, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 256, PAGES 25 AND 26 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor’s Parcel Number: 425-471-55 & 425-471-56 PA2019-249 Order No: 09182680-918-GKD-CM8 SCHEDULE B – Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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. PA2019-249 Order No: 09182680-918-GKD-CM8 SCHEDULE B – Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2018-2019. B. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No: Assessment District No. 65 For: West Coast Highway Disclosed by: Notice of Special Tax Lien Recording Date: July 1, 1991 Recording No.: as Instrument No. 91-339954 of Official Records C. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: State of California Purpose: state highway Recording Date: September 12, 1929 Recording No: in Book 311, Page 170 of Official Records Affects: said land more particularly described therein By a Resolution of Abandonment by the Highway Department of the State of California made June 7, 1935 as certified copy of which was recorded June 27, 1935 in Book 761, Page 261 of Official Records and as shown on said Parcel Map, the alignment of said right of way was altered and revised. Affects: Parcel A 3. Recitals as shown on that certain map/plat Recording No: in Book 85, Page 30 of Parcel Maps Which among other things recites proposed future right of way line, not dedicated as stated in recital on, and shown on said parcel map. Reference is hereby made to said document for full particulars. 4. The ownership of said Land does not include rights of vehicular access to the street or highway hereinafter mentioned, except at specified points, said rights have been relinquished by the dedication provisions shown on the map of the tract referred to below: Street or Highway: West Coast Highway Tract No.: Parcel Map recorded in Book 85, Page 30 of Parcel Maps PA2019-249 Order No: 09182680-918-GKD-CM8 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Parcel Map Recording No: in Book 85, Page 30 of Parcel Maps Purpose: ingress, egress and drainage Affects: over a portion of Parcel 1 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Parcel Map Recording No: in Book 85, Page 30 of Parcel Maps Purpose: a 6 foot wide private easement for sewer and water Affects: Parcel 3 7. Intentionally deleted. 8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey Recording No: in Book 10, Page 27 Records of Survey 9. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Dickson Shafer and Lois M. Shafer, Trustees under the Shafer Family Trust, under Declaration of Trust dated 1/4/83 Lessee: Ken’s Boat Center, Inc., a California corporation Recording Date: December 12, 1985 Recording No: as Instrument No. 85-498995 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Said instrument provides or establishes: ingress, egress, sewer and water and Re-Recording Date: January 29, 1986 and Re-Recording No: as Instrument No. 86-039204 of Official Records 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Dickson Shafer and Lois M. Shafer, Trustees of the Shafer Family Trust, under Declaration of Trust dated January 4, 1983 Purpose: ingress, egress, sewer and water Recording Date: August 30, 1989 Recording No: as Instrument No. 89-465814 of Official Records Affects: said land more particularly described therein 11. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Roy V. Shafer and Sue D. Shafer, husband and wife Lessee: Roma Newport, Inc., a Nevada corporation Recording Date: February 4, 1980 Recording No: as Instrument No. 2857, in Book 13491, Page 662 of Official Records PA2019-249 Order No: 09182680-918-GKD-CM8 The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects: Parcel 1 as shown on a Map recorded in Book 85, Pages 30and 31 and Parcel B 12. Matters contained in that certain document Entitled: Agreement Regarding Offer of Dedication and Grant of Access Easement Dated: Not set out Executed by: City of Newport Beach, a municipal corporation and John J. Jakosky, III and John J. Jakosky, R. and John J. Jakosky, III as Co-Trustees on behalf of John J. Jakosky Trust B Recording Date: October 9, 1990 Recording No: as Instrument No. 90-537748 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 3 and other property 13. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 18, 1990 Recording No: as Instrument No. 90-554614 of Official Records 14. Matters contained in that certain document Entitled: Easement Agreement Dated: August 22, 1991 Executed by: Dickson Shafer and Lois M. Shafer, Trustees of the Shafer Family Trust, u/d/t dated January 4, 1993 and the City of Newport Beach, a municipal corporation Recording Date: October 22, 1991 Recording No: as Instrument No. 91-574951 of Official Records Reference is hereby made to said document for full particulars. 15. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 16. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. PA2019-249 Order No: 09182680-918-GKD-CM8 17. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 18. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 19. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 20. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE “NOTES AND REQUIREMENTS SECTION” WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION PA2019-249 Order No: 09182680-918-GKD-CM8 REQUIREMENTS SECTION: 1. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 2. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees. 3. 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. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 4. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Name of Trust: Shafer Family 1983 Trust B 5. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Name of Trust: Jeffrey D. Shafer Irrevocable Trust dated August 30, 2010 PA2019-249 Order No: 09182680-918-GKD-CM8 INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees. 7. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 8. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial/Industrial Property, known as 2510 & 2530 WEST COAST HIGHWAY, CITY OF NEWPORT BEACH, CA, to an Extended Coverage Loan Policy. 9. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 425-471-55 Fiscal Year: 2017-2018 1st Installment: $9,578.93 2nd Installment: $9,578.93 Exemption: Not set out Code Area: 07-001 PA2019-249 Order No: 09182680-918-GKD-CM8 10. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 425-471-56 Fiscal Year: 2017-2018 1st Installment: $13,450.26 2nd Installment: $13,450.26 Exemption: Not set out Code Area: 07-001 11. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Jeffrey D. Shafer, Successor Trustee of the Shafer Family 1983 Trust B, a 50% interest Grantee: Jeffrey D. Shafer, Successor Trustee of the Jeffrey D. Shafer Irrevocable Trust dated August 30, 2010, a 50% interest Recording Date: June 22, 2018 Recording No: as Instrument No. 2018000230229 of Official Records Typist: tga Date Typed: September 20, 2018 PA2019-249 Order No: 09182680-918-GKD-CM8 Attachment One (6-5-14) CA & NV ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION 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. 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 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. 3. Easements, liens or encumbrances, or claims thereof, 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, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they 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 PA2019-249 Order No: 09182680-918-GKD-CM8 Attachment One (6-5-14) CA & NV 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: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 Covered Risk 18: 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part II,( 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. PA2019-249 Order No: 09182680-918-GKD-CM8 Attachment One (6-5-14) CA & NV 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. PART II 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 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 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 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: (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.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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. PA2019-249 Order No: 09182680-918-GKD-CM8 Attachment One (6-5-14) CA & NV 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. PA2019-249 Order No: 09182680-918-GKD-CM8 Page 16 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer’s right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC – Lawyers Title Company CLTIC – Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Mod. 10/21/2011 PA2019-249 Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud. · NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. · ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. · USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. · USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire‐fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov PA2019-249 I RE SAFE ™ Inquire before you wire! FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 1 Order No. 09182680-918-GKD-CM8 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: · contact information (e.g., name, address, phone number, email address); · demographic information (e.g., date of birth, gender, marital status); · identity information (e.g., Social Security Number, driver’s license, passport, or other government ID number); · financial account information (e.g., loan or bank account information); and · other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or mobile device: · Internet Protocol (IP) address and operating system; · browser version, language, and type; · domain name system requests; and · browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: · information we receive from you on applications or other forms; · information about your transactions with FNF, our affiliates, or others; and · information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: · To provide products and services to you or in connection with a transaction involving you. · To improve our products and services. · To communicate with you about our, our affiliates’, and third parties’ products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: · to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; · to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; PA2019-249 FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 2 Order No. 09182680-918-GKD-CM8 · to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; · to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or · in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see “Choices With Your Information” to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an “opt out” request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. PA2019-249 FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 3 Order No. 09182680-918-GKD-CM8 Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer PA2019-249 PA2019-249 l:IOSS3SS'v' dWJ Ll>-Sll> :ooa 089llH60 :Jap.10 ·uoe.r041 UM04S sJai:iew Ja~o 10 a6ea1oe 'Sjuawesee 10 uone:i01 'S8QU'BlSIP 'su01suaw1p e.rnsu11ou saop AUedwo::, eq1 'Aue~ '1uawes.1opua ·Aq pai~pow A1sseJdxe· s1 aou11.1nsu1 am110 Aonod. ewaixa e~0oi :icta~ ·pall)tdap pue1 aquo A8.'llns a 10u s1 pui, 'pue1 J84!0 pue SO!l'BPUnoq 111.1n1eu 'S!aa,1s 6u1u1ol e 0l uo e1eJ u1 puei .paqJJosap UJ8J8.4 a~ flu 1e:io1 u, e ue S!I 0qs1um1 6u1a e1d1dew Sl41 .... 49-22 Owner’s Declaration MISC0220 (DSI Rev. 6/23/16) OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 09182680-918-GKD-CM8 for full legal description (the "Land"). b. Declarant is the ____________________________ of ______________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 09182680-918-GKD-CM8 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property. PA2019-249 Owner’s Declaration MISC0220 (DSI Rev. 6/23/16) This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at . Signature: Signature: PA2019-249 TRST0003 (DSI Rev. 11/05/14) RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL TO: ORDER NO.: 09182680-918-CM8 SPACE ABOVE THIS LINE FOR RECORDER’S USE CERTIFICATION OF TRUST California Probate Code Section 18100.5 The undersigned declare(s) under penalty of perjury under the laws of the State of California that the following is true and correct: 1. The Trust known as __________________________________________________________________________________ , executed on __________________________, is a valid and existing trust. 2. The name(s) of the settlor(s) of the Trust is (are): ____________________________________________________________ ___________________________________________________________________________________________________ 3. The name(s) of the currently acting trustee(s) is (are): ________________________________________________________ ___________________________________________________________________________________________________ 4. The trustee(s) of the Trust have the following powers (initial applicable line(s)): ______ Power to acquire additional property. ______ Power to sell and execute deeds. ______ Power to encumber, and execute deeds of trust. ______ Other: _______________________________________________________________________________________ 5. The Trust is (check one): _______ Revocable _______ Irrevocable The name of the person who may revoke the Trust is: ________________________________________________________ 6. The number of trustees who must sign documents in order to exercise the powers of the Trust is (are): _________________ , whose name(s) is (are): ________________________________________________________________________________ 7. Title to Trust assets is to be taken as follows: _______________________________________________________________ 8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect. 9. I (we) am (are) all of the currently acting trustees. 10. I (we) understand that I (we) may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction. Dated: _____________________________________ ________________________________________________________ ________________________________________________________ (Acknowledgement must be attached) PA2019-249 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC 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 } ss: On before me, , a 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 PENALTY 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 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC 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 } ss: On before me, , a 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 PENALTY 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 PA2019-249 TRST0003 (DSI Rev. 11/05/14) RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL TO: ORDER NO.: 09182680-918-CM8 SPACE ABOVE THIS LINE FOR RECORDER’S USE CERTIFICATION OF TRUST California Probate Code Section 18100.5 The undersigned declare(s) under penalty of perjury under the laws of the State of California that the following is true and correct: 1. The Trust known as __________________________________________________________________________________ , executed on __________________________, is a valid and existing trust. 2. The name(s) of the settlor(s) of the Trust is (are): ____________________________________________________________ ___________________________________________________________________________________________________ 3. The name(s) of the currently acting trustee(s) is (are): ________________________________________________________ ___________________________________________________________________________________________________ 4. The trustee(s) of the Trust have the following powers (initial applicable line(s)): ______ Power to acquire additional property. ______ Power to sell and execute deeds. ______ Power to encumber, and execute deeds of trust. ______ Other: _______________________________________________________________________________________ 5. The Trust is (check one): _______ Revocable _______ Irrevocable The name of the person who may revoke the Trust is: ________________________________________________________ 6. The number of trustees who must sign documents in order to exercise the powers of the Trust is (are): _________________ , whose name(s) is (are): ________________________________________________________________________________ 7. Title to Trust assets is to be taken as follows: _______________________________________________________________ 8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect. 9. I (we) am (are) all of the currently acting trustees. 10. I (we) understand that I (we) may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction. Dated: _____________________________________ ________________________________________________________ ________________________________________________________ (Acknowledgement must be attached) PA2019-249 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC 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 } ss: On before me, , a 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 PENALTY 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 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC 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 } ss: On before me, , a 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 PENALTY 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 PA2019-249