H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & -011\22-0186-R.O.W._APN 329-110-011 LEGAL.docx Albert A. Webb Associates
EXHIBIT “A”
PUBLIC STREET AND UTILITY EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETHANAC ROAD (30.00 SOUTHERLY HALF WIDTH) WITH SHERMAN ROAD (60.00 FULL WIDTH) AS SHOW BY SAID MAP;
THENCE ALONG SAID CENTERLINE OF ETHANAC ROAD, NORTH 89°16’49” WEST, A DISTANCE OF 265.45 FEET TO THE WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64;
THENCE LEAVING SAID CENTERLINE, SOUTH 00°10’34” WEST, ALONG SAID WESTERLY LINE , A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID ETHANAC ROAD FOR THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-A-WAY LINE, SOUTH 89°16’49” EAST, A DISTANCE OF 235.45 FEET TO A POINT ON THE WESTERLY RIGHT-A-WAY LINE OF SAID SHERMAN ROAD;
THENCE ALONG SAID WESTERLY RIGHT-A-WAY LINE, SOUTH 00°10’34” WEST, A DISTANCE OF 48.52 FEET;
THENCE LEAVING SAID WESTERLY RIGHT -A-WAY LINE AT RIGHT ANGLES , NORTH 89°49’26” WEST, A DISTANCE OF 2.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVIN G A RADIUS OF 49.00 FEET, A RADIAL LINE TO SAID POINT CURVE BEARS SOUTH 89°47’34” EAST;
THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19°55’18”, AN ARC DISTANCE OF 17.04 FEET;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 3.92 FEET;
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & -011\22-0186-R.O.W._APN 329-110-011 LEGAL.docx Albert A. Webb Associates
THENCE NORTH 37°54’22” WEST, A DISTANCE OF 30.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 8.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY RIGHT-A-WAY LINE OF ETHANAC ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°16’49” WEST, A DISTANCE OF 207.74 FEET TO SAID WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS;
THENCE ALONG SAID WESTERLY LINE, NORTH 00°10’34” EAST, A DISTANCE OF
8.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2,370 SQUARE FEET, MORE OR LESS.
SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
______________________________ _______________
Jason K. Ardery, L.S. 9329 Date
Prepared By: CGS
Checked By: JKA
02/19/2025
EXHIBIT ”B”
PUBLIC ROAD AND UTILITY EASEMENT
LEGEND:
( ) INDICATES RECORD
INFORMATION PER MB 11/38
‘ R.O.W. ACCEPTED BY RESOLUTION
SUPERVISOR’S MINUTE BOOK 40, PAGE 51, S
ADOPTED 2/24/1948, AMENDED 5/3/1948
by V
TO C/L INT W/TRUMBLE RD. © N89°16'49"W 1324.87’ ___ | -P.0.€. = T.P.0.B. 2 ETHANAC ROAD CL
L2 Q -
ss — 2) x
i ‘ol ©) mA
2,370+ SQ. FT HKs|2 2. 8g
APN: 331-110-010 APN: 331-110-011 Zoe
N70"17’09"E (R) O ane moO om
$89°47'34"E_(R) ro
RMS | 8 TRUMBLE FARMS 30’ %O
MB 11/38 LOT 64 f
265.44
Pw 133.44
OF ELY 10 C/LNt 265.44 LOT 64 P—W’LY LINE W/ROUSE RD.
OF E'LY —
133.44 LOT 64
*SEE SHEET 2 OF 2 FOR
LINE/CURVE DATA &
EASEMENT NOTES*
1” _ 50’
25 0 50
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & ASSOCIATES | _044\99-0186 R.O.W._APN 331-110-010, & -O11.dwg 2/19/2025 11:17 AM Jason
W.O. THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 OF 2 99-0186 ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
” , CGS 2/05/2025 SCALE: 1” = 50° [25 EY ae AE 54087008| SUBJECT: PUBLIC ROAD AND UTILITY EASEMENT
WEBBNWES
EXHIBIT “B”
PUBLIC ROAD AND UTILITY EASEMENT
EASEMENT NOTES:
(1) AN EASEMENT FOR ALL WATER AND WATER RIGHTS, RIGHTS OF WAY, WEELS, PUPMPING PLANTS AND PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 06,1927 IN BOOK 699, PAGE 480 AND JULY 19, 1933 IN BOOK 129, PAGE 50 BOTH OF DEEDS.
IN FAVOR OF: WATSON WATER COMPANY [BLANKET IN NATURE]
LINE DATA
LINE #| DIRECTION | LENGTH
L1 S00°10°34"W | 30.00’
L2 $89°16'49"E | 235.45’
L3 S00°10'34"W | 48.52’
L4 N89°49’26"W 2.00’
LS N89°49°26"W 3.92’
L6 N37°54'22°wW | 30.60'
L7 N89°16'49"W | 207.74’
L8 NO0°10'34"E 8.00’
CURVE DATA ATaNo SS Sy KEEVING Ys
iS) O,
CURVE # RADIUS | DELTA | LENGTH g 2 RK
C1 49.00 | 19°55’'18" | 17.04’ No. 1S 9529
ae OF ay
SEC. 15, T5S, R3W, SBM
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & ASSOCIATES | _044\09-0186 R.O.W._APN 331-110-010, & —011.dwg 2/19/2025 11:17 AM Jason THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET OF W.0.
ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. 2 2 22-0186
SCALE: N/A Soe ae roe72008 | SUBJECT: PUBLIC ROAD AND UTILITY EASEMENT
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\TCE\331-110-010 & -011\22-0186-TCE_APN 329-110-010 & -011 LEGAL.docx Albert A. Webb Associates
EXHIBIT “A”
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETHANAC ROAD (30.00 SOUTHERLY HALF WIDTH) WITH SHERMAN ROAD (60.00 FULL WIDTH) AS SHOW BY SAID MAP;
THENCE ALONG SAID CENTERLINE OF ETHANAC ROAD, NORTH 89°16’49” WEST, A DISTANCE OF 265.45 FEET TO THE WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64;
THENCE LEAVING SAID CENTERLINE, SOUTH 00°10’34” WEST, ALONG SAID WESTERLY LINE , A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ETHANAC ROAD;
THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00°10’34” WEST, A DISTANCE OF 8.00 FEET FOR THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00°10’34” WEST, A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 89°16’49” EAST, A DISTANCE OF 200.38 FEET;
THENCE SOUTH 37°54’22” EAST, A DISTANCE OF 32.54 FEET;
THENCE SOUTH 00°10’34” WEST, A DISTANCE OF 15.24 FEET;
THENCE SOUTH 89°49’26” EAST, A DISTANCE OF 15.0 0 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID SHERMAN ROAD;
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\TCE\331-110-010 & -011\22-0186-TCE_APN 329-110-010 & -011 LEGAL.docx Albert A. Webb Associates
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°10’34” EAST, A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID WESTERLY RIGHT -A-WAY LINE, NORTH 89°49’26” WEST, AT RIGHT ANGLES, A DISTANCE OF 2.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVIN G A RADIUS OF 49.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°47’34” EAST;
THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19°55’18”, AN ARC DISTANCE OF 17.04 FEET;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 3.92 FEET;
THENCE NORTH 37°54’22” WEST, A DISTANCE OF 30.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 8.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY RIGHT-A-WAY LINE OF ETHANAC ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°16’49” WEST, A DISTANCE OF 207.74 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 3,910 SQUARE FEET, MORE OR LESS.
SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
______________________________ _______________
Jason K. Ardery, L.S. 9329 Date
Prepared By: CGS
Checked By: JKA
02/19/2025
EXHIBIT ”B”
TEMPORARY CONSTRUCTION EASEMENT
LEGEND:
() = INDICATES RECORD
INFORMATION PER MB 11/38
= R.O.W. ACCEPTED BY RESOLUTION
/\ SUPERVISOR’S MINUTE BOOK 40, PAGE 51,
ADOPTED 2/24/1948, AMENDED 5/3/1948 | cbt y
TO C/L INT W/TRUMBLE RD. © N89°16'49"W 1324.87’ _ P.0.C — 365.45" (N89°43'W 1324.88”) ava — “}— . YY ¢ a ._| ETHANAC ROAD —_ a T.P.O.B. ° we
La oi io De) is) . ~ N
NI a so! io aS
L4 P06 3,910+ SQ. FT we
TRUMBLE FARMS ns Sa MB 11/38 N70°17°09"E _(R) oe
LOT 64 S$89°47'34E_(R) 8
APN: 331-110-011 30’ 30’
APN: 331-110-010 pF
A 265.44’
Nee 133.44’ Aen TO C/L INT.
265.44 LOT 64 P— Ly LINE W/ROUSE RD. OF E’LY ———=
133.44 LOT 64 *SEE SHEET 2 OF 2 FOR
LINE/CURVE DATA &
EASEMENT NOTES*
1” _ 50’
25 0 50
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\TCE\331-110—010 & —011\22—0186-T.C.E.
ASSOCIATES | apy 331-110-010 & -011.dwg 2/19/2025 1:20 PM Jason
W.O. THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 OF 2 99-0186 ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
SCALE: 1” = 50° [BRN By Gee oe ooeo50De, | SU&ECT: TEMPORARY CONSTRUCTION EASEMENT
WEBBNWES
EASEMENT NOTES:
@
IN FAVOR OF: WATSON WATER COMPANY [BLANKET IN NATURE]
EXHIBIT “B”
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT FOR ALL WATER AND WATER RIGHTS, RIGHTS OF WAY, WEELS, PUPMPING PLANTS AND PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 06,1927 IN BOOK 699, PAGE 480 AND JULY 19, 1933 IN BOOK 129, PAGE 50 BOTH OF DEEDS.
LINE DATA
LINE #| DIRECTION | LENGTH
L1 S00°10734”W | 30.00’
L2 S00°10'34”W | 8.00’
L3 S00°10734"W | 15.00’
L4 S89°16'49"E | 200.38’
L5 S37°54'22"E | 32.54’
L6 S00°10'34"W | 15.24’
L7 S89°49'26"E | 15.00’
L8 NOO'10'34"E | 15.00’
L9 N89°49'26"W | 2.00’
L10 | N89°49’26"W | 3.92’
L11 N37°54'22"W | 30.60’
L12 N89°16'49°W | 207.74’
CURVE DATA
CURVE #) RADIUS) DELTA | LENGTH
C1 49.00 | 19°55’'18” | 17.04’
|e -" 0. LS 9329 N x Ii
Sy A xf 4 SY Ze oF cart
SEC. 15, T5S, R3W, SBM
AL BERT A.
WEBB ASSOCIATES
CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\TCE\331—110—010 & —011\22—0186-T.C.E.
APN 331-110-010 & —O11.dwg 2/19/2025 1:20 PM Jason
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT.
ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
W.O.
SHEET 2 OF 2 | 99-0186
SCALE: N/A
DRWN BY CGS _
CHKD BY JKA _
DATE 2/4/2025
DATE 2/9/2025 SUBJECT: TEMPORARY CONSTRUCTION EASEMENT
Singh Property, Addenda
Addendum D
OWNER NOTIFICATION LETTERS
Singh Property, Addenda
Addendum D
OWNER NOTIFICATION LETTERS
VALUATION & ADVISORY SERVICES
CBRE, Inc.
5291 Owensmouth
Avenue Woodland Hills,
CA 91367
Adam M. Bogorad, MAI
First Vice President
January 23, 2025
Harvinder Singh
28179 Cobbler Court
Romoland, CA 92585
RE: Notice of Decision to Appraise
Ethanac Road Improvements
APN: 331-110-010 and 331-110-011
Client Reference: CB25US003506-1
Property Address: 27471 - 27491 Ethanac Road, Menifee, CA 92585
Dear Mr. Singh:
CBRE has been retained by the City of Menifee to provide a fair market value appraisal of your property as it relates to proposed Ethanac Road improvements, also known as City Project PW ‐TR‐16 (Project). We understand that this Project will include the construction of improvements to Ethanac Road and Sherman Road in the vicinity of your above-referenced property. The road improvements are expected to enhance vehicular access along the Ethanac Road corridor.
As a result of the Project, a permanent easement and temporary construction easement are required on your property. These acquisitions will be located over a portion of APN 331-110-011 (not the entire parcel) and are generally located in the nort heastern portion of your property, near the intersection of Ethanac Road and Sherman Road. The purpose of our appraisal is to determine the fair market value of th ese proposed acquisitions. To complete our appraisal, we will need to physically inspect your property.
I would like to schedule a time in February 2025 to inspect the property when you can accompany us . Please contact Adam Bogorad at CBRE at (818) 251-3668 if you would like to be present at the inspection . You may also send an email to [email protected]. If you do not wish to attend the inspection, we can also view the property from the public right of way, but we would like to speak with you either way if possible.
Please also feel free to contact us with any questions you have regarding the appraisal process or if you have any information regarding your property or issues related to the Project that you would like to share. For questions regarding the overall project, please contact Steve Strapac with the City of Menifee Department of Public Works at (951) 723 -3773 or via email at [email protected]. We greatly appreciate your attention to this matter and cooperation in this process.
Best regards,
CBRE, INC.
Valuation & Advisory Services
Adam M. Bogorad, MAI
First Vice President
(818) 251-3668
[email protected]
VALUATION & ADVISORY SERVICES
CBRE, Inc.
5291 Owensmouth
Avenue Woodland Hills,
CA 91367
Adam M. Bogorad, MAI
First Vice President
January 23, 2025
Harvinder Singh
23101 Sky Mesa Road
Homeland, CA 92548
RE: Notice of Decision to Appraise
Ethanac Road Improvements
APN: 331-110-010 and 331-110-011
Client Reference: CB25US003506-1
Property Address: 27471 - 27491 Ethanac Road, Menifee, CA 92585
Dear Mr. Singh:
CBRE has been retained by the City of Menifee to provide a fair market value appraisal of your property as it relates to proposed Ethanac Road improvements, also known as City Project PW ‐TR‐16 (Project). We understand that this Project will include the construction of improvements to Ethanac Road and Sherman Road in the vicinity of your above-referenced property. The road improvements are expected to enhance vehicular access along the Ethanac Road corridor.
As a result of the Project, a permanent easement and temporary construction easement are required on your property. These acquisitions will be located over a portion of APN 331-110-011 (not the entire parcel) and are generally located in the nort heastern portion of your property, near the intersection of Ethanac Road and Sherman Road. The purpose of our appraisal is to determine the fair market value of th ese proposed acquisitions. To complete our appraisal, we will need to physically inspect your property.
I would like to schedule a time in February 2025 to inspect the property when you can accompany us . Please contact Adam Bogorad at CBRE at (818) 251-3668 if you would like to be present at the inspection . You may also send an email to [email protected]. If you do not wish to attend the inspection, we can also view the property from the public right of way, but we would like to speak with you either way if possible.
Please also feel free to contact us with any questions you have regarding the appraisal process or if you have any information regarding your property or issues related to the Project that you would like to share. For questions regarding the overall project, please contact Steve Strapac with the City of Menifee Department of Public Works at (951) 723 -3773 or via email at [email protected]. We greatly appreciate your attention to this matter and cooperation in this process.
Best regards,
CBRE, INC.
Valuation & Advisory Services
Adam M. Bogorad, MAI
First Vice President
(818) 251-3668
[email protected]
VALUATION & ADVISORY SERVICES
CBRE, Inc.
5291 Owensmouth
Avenue Woodland Hills,
CA 91367
Adam M. Bogorad, MAI
First Vice President
January 23, 2025
Gurmeet Singh
23101 Sky Mesa Road
Homeland, CA 92548
RE: Notice of Decision to Appraise
Ethanac Road Improvements
APN: 331-110-010 and 331-110-011
Client Reference: CB25US003506-1
Property Address: 27471 - 27491 Ethanac Road, Menifee, CA 92585
Dear Mr. Singh:
CBRE has been retained by the City of Menifee to provide a fair market value appraisal of your property as it relates to proposed Ethanac Road improvements, also known as City Project PW ‐TR‐16 (Project). We understand that this Project will include the construction of improvements to Ethanac Road and Sherman Road in the vicinity of your above-referenced property. The road improvements are expected to enhance vehicular access along the Ethanac Road corridor.
As a result of the Project, a permanent easement and temporary construction easement are required on your property. These acquisitions will be located over a portion of APN 331-110-011 (not the entire parcel) and are generally located in the nort heastern portion of your property, near the intersection of Ethanac Road and Sherman Road. The purpose of our appraisal is to determine the fair market value of th ese proposed acquisitions. To complete our appraisal, we will need to physically inspect your property.
I would like to schedule a time in February 2025 to inspect the property when you can accompany us . Please contact Adam Bogorad at CBRE at (818) 251-3668 if you would like to be present at the inspection . You may also send an email to [email protected]. If you do not wish to attend the inspection, we can also view the property from the public right of way, but we would like to speak with you either way if possible.
Please also feel free to contact us with any questions you have regarding the appraisal process or if you have any information regarding your property or issues related to the Project that you would like to share. For questions regarding the overall project, please contact Steve Strapac with the City of Menifee Department of Public Works at (951) 723 -3773 or via email at [email protected]. We greatly appreciate your attention to this matter and cooperation in this process.
Best regards,
CBRE, INC.
Valuation & Advisory Services
Adam M. Bogorad, MAI
First Vice President
(818) 251-3668
[email protected]
Singh Property, Addenda
Addendum E
TITLE REPORT
Singh Property, Addenda
Addendum E
TITLE REPORT
Order Number: NCS-1M9KCA06-ATL
Page Number: 1
First American Title Insurance Company
First American Title Insurance Company
National Commercial Services
3455 Peachtree Road NE, SUite 1700
Atlanta, GA 30326
Jon Kelly
Core5 Industrial Partners LLC
1230 Peachtree Street NE, Suite 1000
Atlanta, GA 30309
Phone: (949)467-3290
Customer Reference: APN 331-110-011
Title Officer: Irma Duran
Phone:
Email: [email protected]
Buyer: To Be Determined
Owner: Harvinder Singh
Property: 27491 Ethanac Road, Menifee, 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.
Order Number: NCS-1M9KCA06-ATL
Page Number: 2
First American Title Insurance Company
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.
Order Number: NCS-1M9KCA06-ATL
Page Number: 3
First American Title Insurance Company
Dated as of September 19, 2023 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:
Harvinder Singh, a married man as his sole and separate property and Gurmeet Singh, a married man as his sole and separate property, as tenants in common The estate or interest in the land hereinafter described or referred to covered by this Report is:
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 2023-2024.
First Installment: $1,393.17, OPEN
Penalty: $0.00
Second Installment: $1,393.17, OPEN
Penalty: $0.00
Tax Rate Area: 026-232
A. P. No.: 331-110-011
The amount(s) must be verified prior to close of escrow.
2. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll:
1915 Bond for Eastern MWD #5; Sewers.
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.
4. The terms and provisions contained in the document entitled "Supplemental Agreement" recorded March 27, 1924 in Book 600 of Deeds, Page 490.
5. The perpetual and exclusive right to all underground water, as reserved by Temescal Water Company in Deed to Milon J. Trumble and wife dated April 30, 1924 and recorded May 27, 1924 in Book 609 Order Number: NCS-1M9KCA06-ATL
Page Number: 4
First American Title Insurance Company
dig or drill wells and take such water therefrom as may be reasonably necessary for domestic use and watering of stock on said land, but not elsewhere, and for no other purpose. Also, a right of way across said property, or any part thereof, for such pipe lines as may be necessary for the conveyance of water, according to the demands of Temescal Water Company, its successors or assigns; subject to the condition that said pipe lines shall be buried beneath the surface of the ground at such depths as will not interfere with the reasonable cultivation of said land, with the right to enter upon said property at all reasonable and proper times for the maintenance of said pipe line.
6. An easement for all water and water rights, rights or way, wells, pumping plants and pipe lines and incidental purposes, recorded January 06, 1927 in Book 699, Page 480 and July 19, 1933 in Book 129, Page 50, both of Deeds.
In Favor of: Watson Water Company
Affects: As described therein
7. The effect of a deed executed by Floyd W. Bridges, an unmarried man to Floyd W. Bridges, Trustee, Floyd W. Bridges Revocable Trust, UDT 8/30/00, recorded September 05, 2000 as Instrument No. 2000-346811 of Official Records.
At the date of recording of the document, the grantor had no record interest in the land.
8. The fact that the land lies within the boundaries of the Romoland Community Redevelopment Project Area, as disclosed by the document recorded July 25, 2002 as Instrument No. 02-408044 of Official Records.
9. A certified copy of a judgment or an abstract thereof, recorded October 29, 2013 as Instrument No. 2013-0512351 of Official Records.
Court: Superior Court of California, County of Riverside Case No.: MVS10002545
Debtor: Gurmeet Singh
Creditor: James E. Pinkerton
Amount: $3,770.00, and any other amounts due thereunder.
10. Any lien, assessment, and /or violation or enforcement of any law, ordinance, permit or governmental regulation arising from the document entitled Notice of Pendency of Administrative Proceedings recorded August 29, 2014 as Instrument No. 2014-0328706 of Official Records.
11. A deed of trust to secure an original indebtedness of $162,000.00 recorded December 17, 2015 as Instrument No. 2015-0546209 of Official Records.
Dated: December 08, 2015
Trustor: Harvinder Singh, a married man as his sole and separate property
Trustee: Worldwide Lenders, Inc., a Delaware corporation Beneficiary: Val-Chris Investments, Inc., a California corporation
Affects: The land and other property.
Order Number: NCS-1M9KCA06-ATL
Page Number: 5
First American Title Insurance Company
According to the public records, the beneficial interest under the deed of trust was assigned to Richard J. Walter and Dawn-Michelle Walter, Trustees of the Richard J. and Dawn-Michelle Walter Trust dated June 26, 1998 by assignment recorded December 17, 2015 as Instrument No. 2015- 0546210 of Official Records.
A document recorded November 15, 2021 as Instrument No. 2021-0675964 of Official Records provides that Richard J. Walter and Dawn-Michelle Walter, Trustees of the Richard J. and Dawn- Michelle Walter Trust dated June 26, 1998 was substituted as trustee under the deed of trust.
The effect of a document entitled "Substitution of Trustee and Full Reconveyance", recorded November 15, 2021 as Instrument No. 2021-0675964 of Official Records.
Note: The Company will require satisfactory proof of full payment of the debt secured by said mortgage or deed of trust prior to removing this exception or insuring the contemplated transaction.
12. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as Harvinder Singh. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information.
13. Rights of the public in and to that portion of the Land lying within Ethanac Road.
14. Water rights, claims or title to water, whether or not shown by the Public Records.
15. Additional matters, if any, following review by the Company's Waterways and Boundaries Underwriters.
16. An ALTA/NSPS survey of recent date which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys.
17. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
18. Rights of parties in possession.
Order Number: NCS-1M9KCA06-ATL
Page Number: 6
First American Title Insurance Company
INFORMATIONAL NOTES
ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing.
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) Commercial Structure known as 27491 Ethanac Road, Menifee, CA.
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 July 25, 2022 as Instrument No. 2022-0329788 of Official Records.
From: Harwinder Kaur, spouse of grantee
To: Gurmeet Singh, a married man as his sole and separate property
A document recorded July 25, 2022 as Instrument No. 2022-0329789 of Official Records.
From: Harvinder Singh, a married man as his sole and separate property To: Harvinder Singh, a married man as his sole and separate property and Gurmeet Singh, a married man as his sole and separate property, as tenants in common
3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction;
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Page Number: 7
First American Title Insurance Company
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, 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) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records;
4. 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, such document or instrument must 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 documents 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.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require Order Number: NCS-1M9KCA06-ATL
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First American Title Insurance Company
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company 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.
Order Number: NCS-1M9KCA06-ATL
Page Number: 9
First American Title Insurance Company
LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
THE EAST 133.44 FEET OF LOT 64 OF TRUMBLE FARMS, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION WITHIN SHERMAN ROAD.
APN: 331-110-011
Order Number: NCS-1M9KCA06-ATL
Page Number: 10
First American Title Insurance Company
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.
If you have any questions about the effect of this new law, please contact your local First American Office for more details.
Order Number: NCS-1M9KCA06-ATL
Page Number: 11
First American Title Insurance Company
Privacy Policy
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 parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. 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, a copy of which can be found on our website at www.firstam.com.
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.
Order Number: NCS-1M9KCA06-ATL
Page Number: 12
First American Title Insurance Company
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (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.
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.
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
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First American Title Insurance Company
(b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you
(d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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
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:
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.
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Page Number: 14
First American Title Insurance Company
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
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:
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.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
Order Number: NCS-1M9KCA06-ATL
Page Number: 15
First American Title Insurance Company
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), 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.
Enclosure 3
Enclosure 3
Enclosure 3
Enclosure 3
Enclosure 3
Enclosure 3
Enclosure 3
ACQUISITION/EMINENT DOMAIN INFORMATION BROCHURE
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ACQUISITION/EMINENT DOMAIN INFORMATION BROCHURE
TABLE OF CONTENTS
Page
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WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? ................................... 1 WHO MAKES THE DECISION TO BUY MY PROPERTY? ........................................................... 1 HOW DID THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? ........ 1 WHAT IS FAIR MARKET VALUE? .................................................................................................. 1
HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? ........................................................................................................................................ 1 WHAT IS IN THE CITY’S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? ................................................................................................................... 2 MUST I ACCEPT THE CITY’S INITIAL OFFER? .......................................................................... 2 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? ................................... 2 IF I AGREE TO ACCEPT THE CITY’S OFFER, HOW SOON WILL I BE PAID? ......................... 2
WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? ................................................................................................................................................... 2 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? .................................................. 3 WHAT IS AN ORDER OF POSSESSION? ........................................................................................ 3 WHAT CAN I DO IF I AM NOT SATISFIED WITH THE COURT’S DETERMINATION? .......... 3 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? ................................................................... 4
MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? ........................................................................................................................................ 4 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? ........................................................ 4 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? ............ 4 HOW SOON MUST I MOVE? ............................................................................................................ 5 I AM A VETERAN, HOW ABOUT MY GI LOAN?.......................................................................... 5 WHAT IS TITLE II OF THE UNIFORM ACT? ................................................................................. 5 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT ...................................... 5 IS IT POSSIBLE TO DONATE PROPERTY TO THE CITY? ........................................................... 6 WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? ............................................... 6
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WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY?
Every public entity has certain powers which are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain.
The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State Constitutions and eminent domain laws which guarantee that if a privately-owned public utility takes private property it must pay “just compensation” to the owner.
Further, under the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 (Uniform Act), the owner has additional protections, some of which are explained in this brochure.
WHO MAKES THE DECISION TO BUY MY PROPERTY?
The decision to acquire a specific property for a public project usually involves many persons and many decisions. The final decision to proceed with the project is made by the City of Menifee’s City Council after a thorough review.
If you have any questions about the project or the selection of your property for acquisition, you should contact the representative for the project listed in the offer letter.
HOW DID THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before preparing your offer, the City obtained an appraisal of your property. The appraisal was done by a qualified real property appraiser who is familiar with local property values. The appraiser inspected your property and stated his professional opinion of its current fair market value in an appraisal report.
The City is required to offer you “just compensation” for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its appraisal.
WHAT IS FAIR MARKET VALUE?
Fair market value is sometimes defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy.
The fair market value of a property is generally considered to be “just compensation.” Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any other “special” value that your property may have for you as an individual.
HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY?
Each parcel or real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are:
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• How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce.
WHAT IS IN THE CITY’S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION?
The City’s statement of the basis for its determination of just compensation must be provided to you with the written purchase offer. Among other things, this statement must include:
• An accurate description of the property to be acquired. • The amount of the offer.
• An indication that the offer does not reflect any relocation payments or other relocation assistance which you may receive under other regulations.
• The recognized definition of the term “fair market value” or the equivalent term.
MUST I ACCEPT THE CITY’S INITIAL OFFER?
NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City must make reasonable efforts to consider and respond to your evidence and suggestions. When fully justified by the available evidence of value, an adjustment in the offer may be made.
MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS?
YES. If you would like an attorney or anyone else to represent you during negotiations, please inform the City in writing. However, there are no provisions for the City to pay the costs of any such representation.
IF I AGREE TO ACCEPT THE CITY’S OFFER, HOW SOON WILL I BE PAID? If you reach a voluntary agreement to sell your property and your ownership (title) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you do not agree with the property valuation you may be eligible to receive reimbursement of up to $5,000 for the reasonable cost of an independent appraisal. The reimbursement is based on:
• The appraisal must be initiated by the owner.
• The selected appraiser must be licensed with the Office of Real Estate Appraisers.
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• To ensure the appraisal costs are reasonable and justifiable, the City should approve the amount of reimbursable cost prior to beginning the appraisal process.
If you are unable to reach a voluntary agreement through negotiations or fail to respond to the City’s offer, the City may file a suit in court to acquire your property through an eminent domain proceeding.
Eminent domain proceedings are often referred to as condemnations. If your property is to be acquired by condemnation and you would like it done promptly, the City must file the condemnation suit without unreasonable delay.
WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY?
You will be notified of the action if the City files a condemnation suit.
During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the City will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation.
To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs which you incur in presenting your case to the court are your responsibility.
WHAT IS AN ORDER OF POSSESSION?
An order of possession is a process within a condemnation action which allows the City to have the use of your property prior to a negotiated settlement or an award of just compensation in court. This procedure is used typically only where the use of your property is necessary to accomplish timely construction of the project for which your property is required.
To obtain an order of possession, the City must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. It is recommended that you have the help of an attorney if you intend to do this. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest that may be provided by California law.
WHAT CAN I DO IF I AM NOT SATISFIED WITH THE COURT’S DETERMINATION? If you are not satisfied with the court judgment, you may file an appeal with the appropriate Appellate Court for the area where your property is located. The City may also file an appeal if it believes the amount of the judgment is too high.
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WILL I HAVE TO PAY ANY SETTLEMENT COSTS?
You will be responsible for the payment of the balance on any mortgage on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. You will not be responsible for the reasonable and necessary costs of:
• Typical legal and other services required to complete the sale, recording fees, transfer taxes and any similar expenses which are incidental to transfer ownership to the City. • Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property which was entered into in good faith. Real property taxes covering the period after the City acquires your property.
The City will identify these items in a Settlement Cost Statement to be given to you at the time of settlement or soon after the court award of compensation, if the property is acquired by condemnation.
Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. The City will assist you in filing a claim for these costs. Finally, if you believe that you were not properly repaid, you may appeal first to the City, and if not satisfied, then to the courts.
MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements on a property are not required by the City. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let your Acquisition Agent know as soon as possible.
If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his own expense.) If you arrange to keep any real property improvement (such as a fireplace mantel or a shrub), you will not be entitled to receive a relocation payment for the cost of moving it to a new location.
CAN THE CITY TAKE ONLY A PART OF MY PROPERTY?
YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the City must offer to buy that remaining part from you.
WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you remain in the property after acquisition, you will be required to pay a fair rent to the City.
Generally, such rent will not be more than that charged as rent for the use of a property similar to yours in a similar area.
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HOW SOON MUST I MOVE?
Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. Except in an unusual instance where there is an urgent need for your property for construction, you cannot be required to move from your residence or to move your business or farm operation without at least 90 days advance written notice of the date by which your move is required.
If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court (or into escrow) so that you can withdraw your share.
If you are being displaced from your residence, decent, safe and sanitary replacement housing must be available before you can be required to move.
I AM A VETERAN, HOW ABOUT MY GI LOAN?
After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office.
WHAT IS TITLE II OF THE UNIFORM ACT?
Title II (Uniform Relocation Assistance) of the Uniform Act specifies certain relocation payments and other assistance which the City must provide to families, individuals, businesses, farms and nonprofit organizations when they are displaced.
The City must furnish you with a full explanation of the relocation benefits to which you may be entitled.
If you have any questions about these benefits, or your right to receive them, please contact the City. In order for the City to fulfill its relocation obligations to you, you must keep the City informed of your plans.
MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE?
In most cases when the City acquires real property, the property owner may postpone the payment of Federal capital gains taxes on any profit from the sale if the profit is reinvested in similar property within a certain replacement period. To take advantage of this right, you should file the details in a statement with your Federal income tax return for the tax year in which you realize the gains.
Internal Revenue Service (IRS) Publication 549, “Condemnations of Private Property for Public Use,” is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes.
If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office.
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IS IT POSSIBLE TO DONATE PROPERTY TO THE CITY?
YES. However, prior to accepting any donation of real property, the City must inform the owner in writing of the amount it believes to be just compensation for the property. The property owner must indicate in writing that, although they understand that they cannot be required to sell their property for less than just compensation, they voluntarily agree to do so.
WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS?
Contact the City’s designated representative directly. The representative will answer your questions and provide any needed additional information.