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HomeMy WebLinkAbout20191206_ApplicationPA2019-254 Planning Permit Application Community Development Department -Planning Division 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949)644-3204 Telephone (949)644-3229 Fax www.newportbeachca.gov 1. Check Permits Requested: D Approval-in-Concept -AIC # D Limited Term Permit - D Coastal Residential Development D Seasonal D < 90 day 0>90 days D Condominium Conversion D Modification Permit D Comprehensive Sign Program D Off-Site Parking Agreement D Development Agreement D Planned Community Development Plan D Development Plan D Planned Development Permit D Lot Line Adjustment D Site Development Review -D Major D Minor D Lot Merger [j] Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) 1611 Jasmine Ave., Corona del Mar; APN: 459-053-16 D Staff Approval □Tract Map D Traffic Study D Use Permit -□Minor □Conditional D Amendment to existing Use Permit D Variance 0 Amendment -□Code □PC □GP OLCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): A duplex will be constructed to condominium standards outside of the Coastal Zone. The application is to create two new condominium units on the new parcel being created by this parcel map. A I. t N jJack Herron, 611 Jasmine LLC 4. pp 1can ame -;::..=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=.,----;===========: Mailing Address 12630 Walnut Ave Suite/Unit ';:IA==========~ City ITuStin State lcA I Zip 192780 Phone 1(949) 633-7103 I Fax 1(657) 231-6497 I Email ljacklherron@gmail.com al Group, APC 5. Contact Name Matthew Watson, Watson Le Mailing Address 120331 Irvine Avenue City !Newport Beach Phone 1(949) 612-9185 Suite/Unit ';:I E=2========~ I State lcA I Zip 192660 I Fax 1(949) 612-9185 I Email lmsw@watsonlegalgroup.com 6. Owner Name 1611 JASMINE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Mailing Address 12630 Walnut Ave I Suite/Unit -;:IA=·========:::::'. City !Tustin I State lcA I Zip 192780 Phone 1(949) 633-7103 I Fax !{657) 231-6497 I Email ljacklherron@gmail.com . . Jack Herron 7. Property Owner's Aff1dav1t*: (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 s mitte are}') all respects true and correct to the best of (~y) (our) knowledge and belief. Signature(s) -+---~~---------Title: Managing Member Date: I ..l-{p-(? DD/MO/YEAR Signature(s): ______________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. I lcnb. lcl\dala\Users\CDD\Shared\Admin\Planning_Division\Applications\Application _ Guidelines\Planning Pe rm it App I ica tio n. d OCX Updated 07/10/13_Fields 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: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 12.06.2019 NP2019-015 PA2019-254 D2019-0397 1885-2019 AND 1951-2019 CORONA DEL MAR VILLAGE COMMUNITY ASSOCIATION 459 053 16 R-2 RT 6 PA2019-254 □ □ □ □ □ □ ~ □ □ □ □ □ PA2019-254 NOTARY ACKNOWLEDGEMENT OF OWNER SIGNATURE FOR CITY OF NEWPORT BEACH PLANNING PERMIT APPLICATION 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 ) 0 ) SS. COUNTY OF ran~ ) On \ 2--& '201.i, before me, u \ \L k 0s 'a Notary Public for the State of California, personally appeared ...Jet~ Y-0 ____________________ 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. Signatur~~ Utt/2 (Seal) PA2019-254 ACCOMPANYING WRITTEN STATEMENT FOR TENTATIVE PARCEL MAP APPLICATION FOR 611 JASMINE AVENUE, CORONA DELMAR a. What is the existing use(s) of the property?: The existing use of the property is residential. The purpose of the subdivision is to create a single parcel for two condominium units. b. What improvements and public utilities are proposed to be made or installed and when are said improvements proposed to be completed?: A newly constructed two-unit condominium building will be constructed on the property. The public utilities will be constructed in accordance with the building code and each unit will have a separate service for water, gas, electricity and sewage. The proposed improvements are expected to be completed within the next 6 months. c. What is the provision(s) for sewage and sewage disposal?: Each unit will have a separate sanitary sewage line to the main sewage line in the public right of way. d. What, if any, public area(s) is proposed?: No public areas are proposed. e. What, if any, tree planting(s) is proposed?: No trees are to be planted except as shown on the landscape plan and/or imposed as a condition by the City of Newport Beach. f. If any, briefly list and attach a copy of any restrictive covenants proposed: No restrictive covenants are proposed to be imposed except for a Declaration of Covenants, Conditions and Restrictions to ensure appropriate governance of the use and occupation of the property by two separate condominium unit owners. This statement was signed this C, g.day of ~~~. 2019, at Newport Beach, California. OWNER: 611 JASMINE, LLC , a California limited liability company By:_~-~~-------Jal<Herron s Managing Member PA2019-254 December 5, 2019 City of Newport Beach Planning Department 100 Civic Center Drive Newport Beach, CA 92660 611 JASMINE LLC 2630 Walnut Ave, Suite A Tustin, CA 92780 (949) 633-7103 Re: Tentative Parcel Map Application for 611 Jasmine Ave, Corona del Mar Dear Planning Department: This letter is to confirm Matthew Watson of Watson Legal Group, APC and and/or Paul Craft of Apex Land Surveying are my authorized agents and are authorized to act on my behalf in any and all planning decisions, which may come before the City of Newport Beach concerning the above described property, including but not limited to filing applications for planning permits, discussions and meetings with City staff, and any and all other matters which involve a decision which I might otherwise have to make concerning this property. They are authorized to act independently of each other if necessary. Thank you for your cooperation. Please feel free to call me if you have any questions. Sincerely, Managing Member PA2019-254 Limitation of Liability for Informational Report IMPORTANT-READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS-IS, AND WITH ALL FAUL TS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN. First America11 Title l11Sura11ce Company By: ])/~/ /( L CM•fExoout;.,. om,., ,a~ Cd.l-::- Ruben Castro -Vice President -Southern California Regional Director Rrst American Title Company CLTA Preliminary Report Form Order Number: NHSC-6099428 (tc) (Rev. 11/06) Page Number: 1 First American Title First American Title Company 1250 Corona Pointe Court, Ste 200 Corona, CA 92879 Christina Lopez 611 Jasmine LLC 2630 Walnut Ave, Suite A Tustin, CA 92780 Customer Reference: TPM T/C Order Number: NHSC-6099428 (tc) Title Officer: Terrell Crutchfield Phone: (951)256-5879 Fax No.: (866)558-2872 E-Mail: tcrutchfield@firstam.com Buyer: . Property: 611 Jasmine Ave Newport Beach, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this 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 CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit 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. PA2019-254 1 ,-1111 E • 1 ~ First American Title Order Number: NHSC-6099428 (tc) Page Number: 2 First American Title Dated as of November 21, 2019 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: 611 JASMINE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO EXCEPTION NO. 5 The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020. First Installment: $336.74, OPEN Penalty: $0.00 Second Installment: $336.74, OPEN Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 459-053-16 2. Supplemental taxes for the year 2019-2020 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $ 7,122.20, DUE Penalty: $ 0.00 Second Installment: $ 7,122.20, DUE Penalty: $ 0.00 Tax Rate Area: 07-001 A. P. No.: 459-053-16.0100 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 3 First American Title 4. Covenants, conditions, and restrictions in the document recorded as BOOK 494, PAGE 78 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, 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 effect of a document entitled "Grant Deed", recorded August 21, 2019 as Instrument No. 2019- 308992 of Official Records. [The requirement the document is re-recorded to correct legal description stating property located in City of Newport Beach instead of unincorporated area.] 6. A deed of trust to secure an original indebtedness of $2,645,000.00 recorded September 26, 2019 as INSTRUMENT NO. 19-371324 OF OFFICIAL RECORDS. Dated: September 23, 2019 Trustor: 611 Jasmine LLC, a California limited liability company Trustee: Commonwealth Land Title Company Beneficiary: Pacific Premier Bank The above deed of trust states that it is a construction deed of trust. A document entitled "ASSIGNMENT OF LEASES AND RENTS" recorded September 26, 2019 as INSTRUMENT NO. 19-371325 OF OFFICIAL RECORDS, as additional security for the payment of the indebtedness secured by the deed of trust. The terms and provisions contained in the document entitled "HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT" recorded September 26, 2019 as INSTRUMENT NO. 19- 371326 of Official Records. 7. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a document recorded September 26, 2019 as INSTRUMENT NO. 19-371324 of Official Records. 8. A financing statement recorded September 26, 2019 as INSTRUMENT NO. 19-371327 of Official Records. Debtor: 611 Jasmine LLC Secured party: Pacific Premier Bank 9. Water rights, claims or title to water, whether or not shown by the public records. Prior to the issuance of any policy of title insurance, the Company will require: PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 4 First American Title 10. With respect to 611 JASMINE LLC, a California limited liability company: 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 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 PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 5 First American Title INFORMATIONAL NOTES 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. 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) SINGLE FAMILY RESIDENCE known as 611 Jasmine Avenue, Newport Beach, California. 2. 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: A document recorded August 21, 2019 as INSTRUMENT NO. 19-308992 OF OFFICIAL RECORDS From: ROBERT DELL FREEMAN AND BILLIE ANN FARLEY, AS SUCCESSOR CO-TRUSTEES OF THE BYPASS TRUST CREATED UNDER THE FREEMAN FAMILY 1998 TRUST DATED JULY 8, 1998 To: 611 JASMINE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map 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. PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 6 First American Title First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 (951)256-5880 Fax - (909)476-2401 WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub-Escrow Deposits Riverside County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3097840000 Reference Title Order Number 6099428 and Title Officer Terrell Crutchfield Please wire the day before recording. PA2019-254 First American Title Order Number: NHSC-6099428 (tc) Page Number: 7 First American Title LEGAL DESCRIPTION Real property in the City of Newport Beach, County of Orange, State of California, described as follows: LOT 11 IN BLOCK 636, CORONA DEL MAR, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 41 AND 42 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 459-053-16 PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 8 First American Title PA2019-254 THIS MAP WAS PR[PAR[O FOR ORANG£ COUNTY ASSESSOR 0£PT, PURPOSES ONLY, TH£ ASSESSOR MAK[S NO GUARANT££ AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITY FOR OTHER US[S, NOT TO 8£ R£PROOUC£0, ALL RIGHTS R£5£RV£0. © COPYRIGHT ORANG[ COUNTY ASS[SSOR 2019 ~ FOURTH •• I ,.. 0 I ~ _CORONA® lg !ij 81 g ~ 0 0 .. ., .. ,_, .# "o "-i-,,. liq~ MARCH 1983 .. 58" -i; , 1 22 2!.__e---@--, 7 20 19 ... , .. ,._ I!_ _____ , i; ,.. ALLEY / 811.!ICI' • ')-CORONA DEL MAR TRACT NO, 323 PARCEL MAP PARCEL MAP I 459-05 04 L (56TH.) 1' = 60' AVENUE ... 111' 14'• @+ 74,67 -. (i) @. • 22 21 ·C'·• •. 1,a' ,.. 118' • (i) @) • 22 21 i '( 118' 0 20 19 ® P.11. PROJECT @PAR, 1 @) ' 938-01-18 0,081 AC, 772• 773 J80-tt 17 I '( P. II. PROJECT Q}YAR 1 ® 938-01-13 ' 606,607 J5J-J6 19 G) BLK, 636 @ • 18 17 i '( 0 BLK, 635 ® • 16 15 1119') 14 p M ,,u, . i, 938-01-19 0, 081 AC,• 0 P,1/, 111' PROJECT PAR, 2 938-01-" 16 156-159 • I ----@ o,163--.. • PAR, 1 AC, ? ® • ,PROJECT @PAR, 1 s • 858,859,,.,,,. J86-29 ® 14 117,99' 242-18 81 . ~ ~ 5 ~1 !118'1 ;, © @ • 118' © • ( ~5 ~ 111B'I @ --------12 ~ 11 p M 11a.o, • • • PROJECT@ PAR, 1 PROJECT@ ~ 938-01-32 0,081 AC, 938-01-17 0,081 .., 972,973 118,01' 393-5 [;; 9 434.435 AC, ~ 0 :::J PROJECT@ '< 938-01-16 0,081 B 7 420,421 AC, 0 • ~ 5;! ~ so· -. 0 @ 6 5 C-"•;'J'f.ff_ &/AR, 1 @ • • 150,151 238-22 3 118' p, 1/. PROJECT® PAR, 1 p, "•PROJECT® PAR, 1 '· • 938-01-i; 938_01_ 0,081 AC,• • 118• 119 ,,.. 238-14 ,.. • 926,927,., J92-41 •' f .. © 0 ~ • THIRD (55TH.) r 1§ M,M, 3-42 M.M. 14-42, 41 P,M, 238-22, 242-18, 353-36, 380-11 P, M, 386-29, 392-41, 393-5 NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES • G) 10 9 ,._ @ l,J -.J 8 ~ 7 PROJECT@ 938-01-11 0,081 6 5 466,467 AC, DEL MAR @ 4 3 2 1 @ ,.. 118' AVENUE ASSESSOR'S MAP BOOK 459 PAGE 05 COUNTY OF ORANGE ~ • .. ~ I ~ ; 50' i D Order Number: NHSC-6099428 (tc) Page Number: 9 First American Title NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 10 First American Title EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, 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 unless such lien is shown by the public records at Date of Policy. PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 11 First American Title CLTA/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: 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: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less) 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; PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 12 First American Title (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. 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 unless such lien is shown by the Public Records at Date of Policy. 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 PA2019-254 Order Number: NHSC-6099428 (tc) Page Number: 13 First American Title (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 or 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 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 unless such lien is shown by the Public Records at Date of Policy. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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, 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), PA2019-254 First American Title 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. PA2019-254 Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:  Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;  Information about your transactions with us, our affiliated companies, or others; and  Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. -------------------------------------------------------------------------------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) PA2019-254 ~ I First American Title ~ ~