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HomeMy WebLinkAbout08.E- Public Works -EH 8 fi RESOLUTION(ID#2144) DOC ID: 2144 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Sale of Property From: Jim Smith M/CC Meeting Date: 02/19/2013 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Two Quitclaim Deeds Relative to a Portion of a North/South Alley that was Previously Vacated by the City, Generally Located South of Spruce Street and West of H Street. Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 03-15-1976 -Resolution No. 12371 was adopted, ordering the vacation of that certain North/South alley, south of Spruce Street,west of"H" Street. Background: On July 22, 1921, the City acquired a 10' x 130' strip of land east of "H" Street and south of Spruce Street for public highway purposes (easement). The entire easement was within Lot 27 of the Ward & Courtney Subdivision. The Mayor and Common Council approved the vacation of the alley on March 15, 1976. When the vacation was approved, the City's stance was that only an easement for highway purposes was granted to the City in 1921 and the property was not granted in fee ownership. Therefore, once the easement was vacated, the underlying fee owner would obtain ownership rights to the property. In 2007, a Certificate of Compliance for Lot Merger 2006-007 was completed by the City, and was recorded on May 14, 2007. This action merged three adjoining lots and the vacated alley into one parcel for development. This was rejected by the San Bernardino County Assessors Office claiming the lots were not all owned by the same party per their records. The City recently received a letter and backup material (attached) from Boss Law Firm retained by First American Title Insurance Company investigating a claim brought under terms and conditions of a title policy provided by First American. The claim is a dispute over the ownership of the 10' x 130' strip of land the City vacated in 1976. The Assessors Office is claiming that the fee title to this strip of land, known as APN 0134-052-16, is vested in the City of San Bernardino, despite the City's assertion it no longer has any interest in the land. To clear the cloud on title, First American Title Insurance Company has requested that the City quitclaim any interest that it may have of the property in question, to the abutting property ^ owners. This will then allow the owners to complete the lot merger so the property can be developed. One of the property owners receiving a portion of the property already has an existing house at this location, and their fence has been encroaching in the area for many years. Updated:2/11/2013 by Henry Empeno Jr.A 8.E 2144 Since this is more of a cleanup transaction rather than a sale of property, there will be no exchange of any compensation between the City and the property owners. The attached Resolution directs the Mayor to execute two Quitclaim Deeds for this portion of land that was previously vacated by the City to the abutting property owners (Miguel Munoz Salinas and James & Kandy Roe). Any recording fees will be the responsibility of the owners receiving the documents. City Attorney Review: Supporting Documents: RCA Attach-Plat Map (PDF) RCA Attach-Boss Law Letter-Exhibits (PDF) Resolution (PDF) Reso Exhibit 1 -QUITCLAIM - Salinas (DOC) Reso Exhibit 2 -QUITCLAIM -Roe(DOC) Original- QUITCLAIM - Salinas (DOC) Original - QUITCLAIM -Roe (DOC) C C Updated:2/11/2013 by Henry Empeno Jr. 1 Packet Pg. 1237 SPRUCE STREET CL NWC LOT 27 U-) o — I— to (50) 10 10 0134-05 —17 (50) _ (SALINAS ,.� ,.� O_ 0134 052-14 w 44 (ROE) Q 28 27 26 25 41 .25 I ct 10134-052118 (/ > 0 E 1 � 10134-05219 (ROE) co S vc y a. a. ? — —BL- v APN: 40 0134-052-16 CL North/South Alley vacated per Resolution No. 12371 (March 15, a 1976) .. a a U Y lw+o,-,.=(5c E t U Q If CITY OF SAN BERNARDINO PROPOSED VACATED ALLEY TO BE QUITCLAIMED BY THE PUBLIC WORKS DEPARTMENT CITY OF SAN BERNARDINO, GENERALLY LOCATED SOUTH SUSeeoa Iao REAL PROPERTY SECTION OF SPRUCE ST, WEST OF "H" STREET (APN: 0134-052-16) Prepared by: Ryan Sandoval Date: 11/2812012 -CITY OWNED PROPERTY Lege ® =PROPOSED AREA TO BE QUITCLAIMED SALINAS FILE NO.: 15.05-281 =PROPOSED AREA TO BE QUITC o3CIC � b"a# ,.�a.�s83� i 9710 Scranton Road,Suite 300 San Diego, CA 92121 Telephone:619-234-1776 BOSS LAW FIRM, APLC I Facsimile:858-444-3817/18 } Wesley R.Williams, Esq. wwilliams @bosslawfirm.com www.bosslawfirm.com CL , d v L y n VIA U.S. MAIL AND EMAIL AT Fogassy La(a�sbcltROrg p in U) September 6, 2012 = 0 w Laszlo Fogassy a Assessment District/Real Property Manager a Public Works Department d Real Property Section ca 300 North "D" Street, 3d Floor > Bernardino, CA. 92418 0 San Be E RE: First American Title Insurance Co. Claim No. CA-1209007745 Our File No. 01.5098 U) Dear Mr. Fogassy: a This law firm has been retained by First American Title Insurance Company ("First American Title") to provide legal counsel to it in connection with its investigation into the claim brought under the terms and conditions of a First American Title Insurance Policy (the "Policy"). The Policy concerns that certain real property located at 528 North H Street, San Bernardino, California, commonly referred to as San Bernardino County Assessor's Parcel Nos. ("APN") x 0134-052-14, 16, 18 and 19 (the"Property"). w L d The claim allegedly involves a dispute as to ownership in and to a 10'xl30' strip of land, more commonly referred to as APN 16. First American Title understands that the County of San 3: Bernardino Assessor's Office (the "Assessor") is asserting that the fee title to APN 16 is vested w in the City of San Bernardino (the "City"), despite the City's assertion they no longer have any c interest in APN 16. m r First American Title has requested this firm undertake working with the City in resolving this w matter for the benefit of its insured under the Policy. Accordingly, below is a summary of the facts leading up to the issue involving APN 16, as well as the requested course of action necessary to resolve this issue. c m Summary of the Public Records search reeardins APN 16 _R A research of the public records which includes the chain of title to the Property, particular with respect to APN 16, ultimately leading up to a recently recorded Grant Deed from Carla Stubblefield ("Stubblefield") to James Roe and Kandy Roe, Husband and Wife as Joint Tenants San Diego ♦ San Francisco Packet.Pg.'1239" Laszlo Fogassy Our File No.01.5098 September 6,2012 Page 2 ("Roe"), recorded January 3, 2012 as Instrument No. 2012-0001907, of Official Records of San Bernardino County' ("Roe Grant Deed")2 revealed the following: d Recorded on July 22, 1921, in Book 720, Page 289 of Deeds (the "1921 Deed"), the then owner a N of APN 16 (with other parcels)purports to convey the fee title to the City, a 10-foot wide strip of o land, for public highway purposes, over that portion of Lot 27, of the Ward and Courtney in Subdivision of Block 40, City of San Bernardino, described as follows: rn x Beginning at a point in the south line of Spruce Street, 130 feet west of the west g W line of H Street in Block 40; thence south 130 feet; thence west 10 feet, thence north to the south line of Spruce Street 130 feet; thence east 10 feet to the place of a beginning. m A copy of said 1921 Deed is enclosed herewith as Exhibit A for your reference. w 0 On March 17, 1976, the Mayor and Common Council of the City of San Bernardino, by E Resolution No. 12371, ordered the vacation of that certain North/South alley, South of Spruce Street, West of "H" Street, in the City of San Bernardino, recorded March 18, 1976 in Book 8886, Page 519 of Official Records (the "Resolution"). Said Resolution similarly describes the v same 10-foot wide strip of land as conveyed in the 1921 Deed. The 10-foot strip of land referred to in the 1921 Deed and subsequent Resolution was later assessed by the Assessor, and identified L as APN 16. A copy of the Resolution is enclosed herewith as Exhibit B for your reference. v r A Notice of Power to Sell Tax-Defaulted Property for nonpayment of delinquent taxes for the `✓ fiscal year 1982-1983, respecting APN 16, assessed to "owner unknown", recorded December 7, .4 1988 as Instrument No. 88-419673("First Notice"). A copy of the First Notice is enclosed x herewith as Exhibit C for your reference. w d A second Notice of Power to Sell Tax-Defaulted Property for nonpayment of delinquent taxes for the fiscal year 1982-1983, respecting APN 16, also assessed to "owner unknown", recorded October 12, 1989 as Instrument No. 89-38334 ("Second Notice"). A copy of the Second Notice N is enclosed herewith as Exhibit D for your reference. c m Please note that the delinquent taxes regarding APN 16 were since paid current through the Stubblefield/Roe sales transactions referenced to above. w A Certificate of Compliance for Lot Merger, affecting APN Nos. 0134-052-14, 16, 18 and 19, purporting to combine the four parcels into one parcel, recorded May 14, 2007 as Instrument No. 2007-0290995 ("Co1C"). A copy of the CofC is enclosed herewith as Exhibit E for your reference, E U A r Any reference herein to a recorded document will be the Official Records of San Bernardino County unless ¢ otherwise stated. 2 The Roe Grant Deed appears to convey fee title to the Property to Roe,which includes the 10'x130' strip of land, more commonly referred to as APN 16, and describes the Property by way of the same metes and bounds legal description as set forth in that certain recorded Certificate of Compliance for Lot Merger referenced herein. Packet,pg7240 Laszlo Fogassy Our File No.01.5098 September 6,2012 Page 3 A Grant Deed from Frank Mulinski and Darlene Davis to Frank Mulinski ("Mulinski"), an unmarried man, and Darlene Davis ("Davis")3, a married woman as her sole and separate property, purportedly given to confirm the CofC, recorded May 14, 2007 as Instrument No. 2007-0290996 (the "Mulinksi/Davis Deed"). Exhibit A of the Mulinksi/Davis Deed contains the rn same legal description as identified in the CofC and the Roe Grant Deed. A copy of the O Mulinksi/Davis Deed is enclosed herewith as Exhibit F for your reference. w Y Discussions with the Assessor regarding APN 16 = O LU According to the Assessor, they became aware of the issue involving the conflicting rights of ownership in and to APN 16 dating back to the early 1980s. It is their position that the City is the true owner of the fee interest to APN 16 despite the recordation of the Roe Grant Deed. In support of their position, the Assessor points to two particular recorded documents, namely the 1921 Deed to the City and the subsequent Resolution. w 0 The Assessor believes that the 1921 Deed purported to convey a fee interest in and to APN 16 to E the City, while the subsequent Resolution purporting to vacate the same merely vacated an easement interest, thus leaving the fee title still vested in the City. As such, despite the recorded CofC and the recordation of the Mulinksi/Davis Deed, the Assessor has refused to merge APN v Nos. 0134-052-14, 16, 18 and 19 together for tax purposes, or assess APN 16 to Roe. The Assessor's position regarding APN 16 is more fully set forth in a letter from the Assessor to Roe dated January 19, 2012 (the "Letter"). A copy of the Letter is enclosed herewith as Exhibit G for your reference. N The Assessor asserts that the only way they would be willing to begin assessing APN 16 to Roe is if the City quitclaims its interest to Roe by way of a Quitclaim deed which is then recorded in x the public records, w t d Y Y Discussions with the City regarding APN 16 3 m According to discussions with Gary Akers, P.E., Senior Civil Engineer with Community Development at the City, it is the City's opinion that it has since vacated any interest it may have c N in and to APN 16. However, a Quitclaim deed from the City may be required in order to confirm 0° title to APN 16 in Roe. R Requested course of action regarding APN 16 ¢ a U As stated, First American Title would like to resolve this matter with the City. As such, First American Title requests the City undertake an investigation into this matter based on the documents provided herewith, and provide a response detailing the steps necessary in order to obtain a Quitclaim deed from the City to Roe regarding to APN 16. 3 Mulinski and Davis were predecessors in interest to Stubblefield and Roe and acquired title to a portion of the Property(APN Nos. 0134-052-14, 18 and 19),by way of mesne Grant Deeds of record. Packet Pg 1249 4 e Laszlo Fogassy Our File No.01.5098 September 6,2012 Page 4 In addition to the above-mentioned documents enclosed herewith, please find a current Preliminary Report issued by First American Title respecting the subject Property enclosed d herewith as Exhibit H. CL U) Also enclosed herewith as Exhibit I, please find a copy of the Assessor Parcel Map identifying o the Property in question. W Y Thank you for your consideration regarding this matter. We look forward to working with you = in an effort to achieve a successful resolution of the issue discussed herein. Should you have any 0 W questions or concerns, please do not hesitate to contact me at (619) 234-1776 or wwilliams@bosslawfirm.com. a v d Sincerely, E E Wes Williams, Esq. c1 cc: Glenn Jackson, Esq. !First American Title Insurance Company(via email) a v v r N_ N X X W d d J 3 R J N W O m L V R Q Q U c m E t U N w Q �PacketP� 7242,. . 8.E.b d v 3 Q w O N w N 2 w O w d a m v m w 0 E O © EXHIBIT "A" r N N Z L X W m m J 3 r J N N O m Z U O a a U c d E v m V a Packet..,Pg: 1243 ID "TXMC, Vin,lYY, Eif .old gnrty of the flat Dart has hereunto at hie hand AJ,J saI She day and year first above rrf tLnn. SSgadd, Coaled and falivared ommtr Werner (➢sal) !n the RnwOx of N„ BSATY Oh CAII/VNNIA }) V C05FSY On this Ll,th day of January St. the year of our Lord, me thousand nine buntred end N elghtaen befors Us, tulrert xllgun, a lbtary Public In and for cold County of Lou Angeles w O r Btate of Colifornin. resfdinN therein, dilly camleeiaoed xnd annrn, Ivroccally appeared F l)e car fnrnar kwon u0 as to be the Pare;n +hove same 1e, eutiolib.d to the rlthl- inetyu. y a enE and ao)nu"I.Zr.d to at that he executed the ewe• _ IN WI'TV03 WHySTJ1P, I have harsunto set AY hand and affia*d W cfflolal seal the O day and year in Chip navtlfl.ata fleet 4bOn n121an• Yy n010o101an RDSYee July 6. 19211. jL Calrart Wilson y (1lo less e,l lfu el) ' Votary ]vane In Phd for aa10 County Q of lot Angels, state of C&liforala• N N., 10. •➢odor u(1•; Aaed rdnd at Aadu set of Csont ea, :ul• 27, 1921, PC 11 Kin• U W Duet 9 LY.. in Book 710 Of D..d., Vago Ytltl. Face rde Bun Hemurd4 no cw Jnoe Y. w Wheat, County Recorder, )'.e eL 00. O A Cull, true and correct copy of the original. E Jweo Y. sleet, County N*.ordor. Tr . V BY 1 p dDa W' Nasa rdar. 7 aaaaEtaraa i �� a { v ri, W. W. Crinor and P.e na Br Lan, husband and x17e@ and /'rank A. C1 ns1wE and Addle, Clv*land, nuot•and and wtfe, for and la Ocneldeiutlen of the eua of One Donor \O N and oth.r I.I.W. u.uolCeratlon e. the reovi?t of which is Ssrlby aakraxledged, de by thee* yrunnts rrnr,, unto the City of ban Bernurdlnc for puoliC♦hlt;bway purposes all that certain real preporty eitc.1a In the city of Bon Bernardino, County of San Bomar. 7 k J` dine, State or Call:Jerni U, Oeae rlbee an Minus, ts•17 f: l�,�t,^,`y W Tbao portion c:' Lot 27, of the Turd and CGartd,ly Eabdi'rtel.n of black e,0, City of { +�- ti San ➢e rnnrdlnO, dr,nnrIDad ee follOxa• tx 1 J t.etaaing w1 u pot„t b, th. .1.0, ti.. .1 or.... at...... r3. r... ...t .0 ta. net lira of h S ire:t in Via ok C0; than.. tou th 130 feet; to once net to tee t, to once I V 7 J nOrOb to the mouth ;1 no of :Prate !treat 130 faot; thoncn a.1et 30 feat to the place of � y ibaRl taint. , O m IN 'ITUM. 3I.M.1107, Wa bare hereunto set our heady this 9th day of Kay, 1921• j t I L W. W. Brf con I U r � earta brfson Q t Yrink A. Cleveland Q Addis Cleveland STAIR OF CALIPCBNIA ue. C COOAM rib 1'NL`7g0 y On into 9tn car of N.Y. 1921, beftra v, BRB =r i.LDY, a 8.tary yub110 So &td for L said COWRY and Viet., rwelding Lhoreln, duly ao"IR.ionod and earn, per.ouily N ePpeeree. e', W, 9rleoa sad Dort&Blleon, his Wife@ kNO” to Ye to be the pertan* aoa. Q tided is the fOrO&e':ag Ivatrmsnt, sad that dalY ankbOW1041e4 to me that they eieoutod et.m coo. ■&ae1KWlale�a,saKllal� Pac kit,Pg 1244; 1 Ili WITNESS MIIY.OY, I have boreunto cat my bard wd o:!flcial soul the day Ind Year first abate aitteo• Ilcvbers Lovy ENO Enr111 Seal) eelY d STATE OF MIFOANIA I 7 !Y. COUNTY OF RNGO ! 1 On this 77th day of Nay. 1921, borers mc. NpOd JYdklno, I Notary Publlo I. and for O Bald County and State, residing tbareln, duly coomleolanad Ind eoern, poreanally appeared Frock A. Clvel.nd, known to me to to the parson men:fored In the 70xngotn,t lnotrument. y v.e h0 duly aakaewledgoo to or ttat )„• szoeuted no xane. _ u— IN mSYS't0 1111HA10Y. S haan hnrao nto It my hand and eifloiai sMl the day and year 0 rivet above \Fitton. W Maud JYd414. d 9001) (Ne:gel n] ' Im tflry rube.Ie In flP1 for epld County pad BLptP a • a NTAIR OP CAfIM11114 „d.. R cpeeTy 07 l.oH n1wrN.m w.• v to On this and day of iv n#, 19:1, par oonally appeared Da7oro voo isaea if. G'Na111, > e '.t.” to, .na r., ..I.] wwtr•na m , a.tr . a .rev., w Atela C19161and, knono to mo to to the ptroon wbose own it afflzld to the wlttln E Instrument a0d aokmeladged to o, that be aatcYtna the .... for the purporrs and G M aonoltlmLlen s'nernL, ekpnaned. •3 Hitreur sty bond and seal of office. INO tarlal Seal) Womb. Y. 0-30111 S.tpry eubllo l.o and for the County C Of Los +ngeloo. State of California. McC'bT1ON IN. 1095 T N NEaObw" That tae fbrsgolul: paid bb WA the ewe le, heral-y ....plod, I'd that N the real property th ereln 0onl1ye d, be, and the oomc to hereby dedicated to public hlglwyy, purposes. t ! NLJiEHT CEAT2fY "at tbo tc tee rnmb m• of..,beer of the tnam,on Council of the X U.1 City of So. detnertll•., le five. end the% the forapotng Atbelutf.a ma adopted by the d w Waver 'ewe Cron ae.w tll of too- tit, of aen yernn.dine, u! • rwbal er uetlm0 Yhes ee 1. N J hold on the 70tb dal of Nae. 19;:;, by tke 10130 e1ry vets. to.rl t: 3 Nb yl ttman' AOeore, AOUnb, aVms .A,1r1 ne. N J fioae None abnsnt Nvu N I (Corporate Naalj O J• 14 Osborn 1 City Clerk. m L f hsrsby approve the foreNnlnt Aanolctf on idle ]let day of Jvnn. 1971• � Nc7abt Q 1490r at and for tea CY Or i Q San 8arnarpino. " V No, 07. egn do ro0d•:. Recoi nNA at Request or City of :Ion narnardl rw, Jul. 22. 1971, ,w a% 55 Via. past a p,N., fn Beck 770 of pe.de. rare 199• Neoprdm San Narhardlne Ca. y Jameo 7. Ybost, Cduaty Nnaordv. 7n yens. L A bell, ttuo Ind eorroct copy of too original. O M ae 7• Yh Mt. County Aaoora.r• Q H y WtY A.aorder. -- napes r w�. SglaOolaSAA w a�±acket`P� 1245" 8.E.b 1 d U CL co w O y V y r- O w T d Q 9 d A U N 0 O E CY V) of o EXHIBIT "B " N N w L W d d J 3 J 7! N O m t U O Q a U c m E s U m V a O Packet Pg. 1246 1 Streen Image Viewer Page 2 of 3 I V CL R83W,UIIfNi 1i0. /� 7.� C 2 :n _ A MOLUTIM ^P TFM MAYOR An CWlM CUMCIL 01 THE CITY OF SAN BERNAY.DIHO O a OROEA;RI TAE vACATION OF TMT Cm=m so .� 0tH/30 ALLEY, wiTa op SPRv-E it SIR=. WNRT OF °R" S71;EBT, IN tM CITY OF SAe BUAARDILO. N 4 U IT RESOLYED BY ME MAYOR AND COWhbi COUNCIL OF 7RE CITY OY SAN = 5 BUYARDIM AG FOLLOWSt O 6 I SECTION 1. That the Hayor mod Coaseon Council of the City of San W 7 i�� Bernardino, having heard the avideaea offered in relation to the propoaed Q 3 II vacation of that portion of that tarrsin Marth/South Allay, South of Sprt y b m 9 II Caa:t, :::: e` St.-Rt, 10 Intention, R.esolut.:ua M? . 12344, hereby finds froe all of the ovidence oub- O ou South ll I mittad tbat a portion of that certain North/South Alley, Sth of Spruce E Street, Yost of "!1" Street proposed to be vacated by said rewilutlos is ut- 12 I! '3 13 ij aecaosary for present ov prospective public alley purposed. U) 1%. I� SECTION 2. TL,t the Mayor and Caeeva Council of said City do hereby a I5 order the vacation of that portion of that certain North/South Alley, South •• v 16 ' of Spzuce Street, Peat of "A" Street, described u follows: N Ii , That certain North-South Alley inured south ox '^iota Street 17 II sad West of "B' Street, described as follow: ;p 13 L 7hat portion of Lot 270 of the Yard Courtney and Co. sub- LU 19 !' division of Black 40 of the CITY OF SAN BXMU.WM as per I' plat thereof recorded is Book 3 of Ndpa. Page 25, Records i _ 20 �• of the County Recorder, County of San Eeraardino, S_-r_ _. y it California, described as follevm; J 3 21 Beginning at a point an the South line of Gpruce Street, J 22 130 fact Hest of tha Weet line of "!;" Street (82.50 feet al wide); thence South, a diataar..e of 130 fact; [hence Meat, O a di.stence of 10 feet; thence North, a distance of 130 feet p0 23 +' to the said South ilea of Spruce Street; thence East, a I; distance of 10 feet to the point of Beginning. m 25 ' And also described in said Resolution No. 12344. Q 26 "FXTION 1, That the City Clerk of the City of San Ser rdino shall U D 27 cause a certified copy of this resolution L, be reco.ded in the office of h c m the County Recorder of the County of San Scrnardlno. E 28 j, L U I�t1t .... .... M 7 Q III https://fast,firstarn.net/smsfast/imaging_WB/pub/pages/preview.html?Repository=imaging.£.. 3/8/2012 Packet Pg. 1247 d U L fl. w 0_ U) Y Y 0 w T d Q a d m U d 0 O E V Y N EXHIBIT " C " r N N a s x w d d J 3 c� J Yl N O IG L U 16 Y Y Q Q U c d E r U m Y Y Q Packet Pg '248` r ,p. N E1;OR0® IN OFFlCK RECORDS ec z i AT a•.2oPU , I: BERM 00 COUNTY, L 1 N I, C1 3 1IID1 RECORDED 1411 T0: '1 CL N 7011 0'DONMEI L TREA7URER-TAY COLLECTOR ' O @"19171 SAN BERNARDINO COUNTY ... in SAN BERNARDINO. CA Y « Tn i 2 i w NOTICE OF POWER TO SELL TAY-OEFAULIED PROPERTY 0 W WICK, PURSUANT TO CAW HAS DECIIRED 70 It TAX-DEFAULTED ON I6-37.83 >. FOR THE NONPAYMENT OF DELINOUVIT TAXES IN THE AMOUNT OF 127.21 FOR THE FISCAL YEAR 1712-Tt43. DEFAULT NUMBER tll{-t52.1{-1•ge Q a NOTICE AS HERESY SSW" IT THE TAX COLLECTDR OF SAN BERNARDINO COUNfY � .�.. THAT FIVE OE "WE YEARS NAME CLOSED SINCE THE DULY ASSESSED AHO IEOAIIY LEVIED TAXES ON THE PROPERTY DESCkISCD HEREIN WEDt OCCLARID lV0 IN DEFAULT AND TWAT TN[ PROPERTY IS SUBJECT TO Slit FOR NONPAYMENT 01' SAXES AND Hill It SOLD UNLESS THE ~I RItU18E➢ TO REDEEM THE G PROPERTY IS PAID 10 THE TAX COLLECTOR OF SAID COUNTY IMPOSE SAL[. YNE REAL FROFIRTY SUBJECT TO THIS NOTICE IS AIS"310 10 E OWNER UNKNOWN AND IS SITUATED N IN SAIB COUIITT. STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS' I1]he32-li-t•NI V .7 11 MAKI AHD COURTNEY SUR E 18 FT H 20 FT l0 tl){-►l2•li-h N1 (j H F IF (01101NAL PLRCtL) m i 1 � r I .N.. N 1 1 � X 1 W STATE OF CALIFORNIA EXECUTED ON ' © • 1 i SAN IERNAROINO COUNTY CC Tog R 11. ItiB. IY.��............ IREASURCR•TAI COLLECTOR 1 0) ' J ON OCT. 11, INA. T. F. O•DONHILL [MOAN 70 ME TB BE BOTH THE TAX COLLECTOR ,1 3 J OF SAID COUNTY LND INC PE2UM WHO EXECUTE* THIS DOCUMENT, PERSONALLY I J APPEARED BEFORE RE AHD ACKNOWLEDGED NAYINO [CUTER TNC smt AS TAR COL IEtiDR. PF-�s ; O MARTIN 110lNfER ....,.�.'............. ......... i m COUNTY CLERK AND EX OFFICIO DEPUTY 1 CLERK OP THE SUPERIOR COURT 11 L i U 1 A V 1 Q i f 1 C i d 1 = U I A Q R i I f Description: San BRznardino,CA Document-Year.D0C1D 2986.419673 Page: 1 of 1 R Order: havener CoDmlent: m v 3 a w O U) Y N W O W _d Q a d R U R 7 w O E U Y V EXHIBIT "D " r N N L K W L d Y_ d J 3 R J N N O t11 s v R r Q a U Y C E s U R Y_ Q Packet Pg. 1250 . IDED IN �TCtAL IIECDRDS OCT 12 1989 AT 4:30 PM TIES 7itsTs IMM 11 DINO COUNTY, CAUF, RE RCODEll 89�-38334 4EOUE5T OF WHEN RECORDED MAIL TO: BSV1 5.-._ OCI b_ I d V TOM O'DONNEII D ` TREASURER-TAX COLLECTOR CL SAN BERNARDINO COUNTY Cn ____SAU_AERHAR^INO CA _-. O U) y U) I NOTICE OF POWER TO SELL TAX-DEFAULTED PROPERTY I 2 WHICH, PURSUANT TO LAN HAS DECLARED TO BE TAR-DEFAULTED ON 06••30-63 I O FOR THE NONPAYMENT OF DELINQUENT TAXES I11 THE AMOUNT OF 323.2& I W FOR THE FISCAL YEAR 1952-1983. DEFAULT NUMBER 01$4-052-16-0-DOO ' N NOTICE IS HEREBY GIVEN BY THE TAX COLLECTOR OF SAN BERNARDINO COUNTY ' Q THAT FIVE OR MORE YEARS HAVE ELAPSED SINCE THE DULY ASSESSED AND ' d LEGALLY LEVIED TAXES ON THE PROPERTY DESCRIBED HEREIN HERE DELL ARFD � IN DEFAULT AND THAT THE PROPERTY IS SUBJECT TO SALE FOR NONPAYMENT OF TAXES AND WILL BE SDLD UNLESS THE AMOUNT REQUIRED TO REDEEM THE PROPERTY IS PAID TO THE TAX COLLECTOR OF SAID COUNTY BEFORE SALE, THE Ir REAL PROPERTY SUBJECT TO THIS NOTICE I5 ASSESSED TO I O ON4ER UNKNOWN AND IS SITUATED I E IN SAID COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FULLOWS: 0134-052-16-0-000 I •to I t, 01 HARD AND COURTNEY SUB E 10 FT W 20 FT LO 0134-052-16-0-000 OZ T 27 CORIGINAL PARCEL) (J In I OL I I [r N I � I u! I x K ` 1 W STATE OF CALIFORNIA EXECUTED ON SAN BERNARDINO COUNTY OCTOBER 11, 1989, BY. ............. ....... .......... . ! TREASURER-TAX COLLECTOR J 3 OF SAID COUNTYBANDTTHE PERSONNWHO EXECUTED THIS DOCUMENT,•PERSONALLYLECTOR ``�,.���\q 11 I J APFEARED BEFORE ME AND ACKNOWLEDGED HAYING EXECUTED THE SAME AS _,�R1CR . W TAX COLLECTOC. � •'.;� U) n n MARTIN M05N3ER ,, q ,•P O . ....... m COUNTY CLERK AND EX OFFICIO DEPUTY CLERK OF THE SUPERIOR COURT = �$ r :Z n cl cc a,�Rnt�o� 11l\\lN\Q.c��i U LL' C 01 I I I A Q I I Deaoriytion: San Bernardlno,CA DOCDmant-rear.DOCXD 1989.383347 Page. 1 of 1 ' Order: havaner Comment: ' Packet Pg. *01", $A d U a w O y N 2 O 'W m V d m U R w O U N EXHIBIT "E " r N N w .Q L X W t d Y d J 3 R J H 0 O m t U A Q a U K c d t U m V V a Packet Pg. 1252 3� Recorded In otnolal Records.Ceaat9 at San Bernardino 5,1'5 AM LARRY WALKER MP Aud'dorl0ontroller - Recorder � P Counter AFTER RECORDING Dock ZOIIO7—OZ9O995N Idles' 1 Pages: 5 F Be PLEASE RETURN TO:• PUBLIC T WORKS DIVISION iSION III IIIIIIIIuIIIIIII11lIlI�IIIIIIIIIIIIIIINIIII Pa CITY HA —to- szo•oo to 300 NORTH"D"STREET p SAN BERNARDINO,CA 92418 fA Y N CERTIFICATE OF COMPLIANCE _ FOR LOT MERGER 0 w City File for Lot Merger No.;ENO No.2006-007 T d Affecting that Real Property described as follows: Q Assessor's Parcel Numbers 0134-052-14, 16, 18 and 0134-052-19 in the City of San Bernardino, County of San Bernardino,State of California. R v ra Brief description of the Lot Merger: > To combine four(4)parcels into one(1)parcel o This Certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local E ordinances enacted pursuant thereto. The parcels described herein may be sold, leased, or financed without m further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. .5 Development of the parcel may require issuance of a permit or permits,or other grant or grants of approval. 3 l'J List of•Exhibits: O-' EXHIBIT"A"-Legal Description after Lot Merger EXHIBIT"B"-Owner's Certification EXHIBIT"C"-Sketch of the property showing the parcels N Legal Owner: to CRI.Development Frank Mulinski s 2130 N.Arrowhead Avenue,Suite 206-D x W San Bernardino,CA.92405 L d City Engineer hereby states the division hereof complies with the applicable provisions of the Subdivision Map Act and J Title 19 of the City of San Bernardino Municipal Code. 3: m Date of issuance: /,d-7 Development Services Department tMblic Works Division Cp pOFE5,104 CiTy o an Be ardinp City Engineer x n ar or, cniorCivl Q No.28'70 v RCE 29570 Exp.3.310 U G LY s .. r' OF CALIFO N E z v s` Q I r eC Description: San Bernaxdino,CA Docrunent-Year,DOCID 2007.290995 Page: 3 of 5 Order: havener Comment: P cket Pk. 1253 ACKNOWLEDGMENT d v L CL w O y State of California w County of San Bernardino 0 w >^ On May 10, 2007 before me, David M. Gutierrez, Notary Public, personally a appeared D. Lynn Parker, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the c person, or the entity on behalf of which the person acted, executed the E instrument. '9 WITNESS my h d and offici seal. N Signature (Seal) v N DAVID M.P1111SP11Qi rAmrtan10 + V671901 a Net"Publlc.C fomin t San somab ewmnw LL m Y M d J 1 A J N 0 O m L V M Q Q i U c d E t v A V Y Q I Description: San 8ernardlno,CA Document-Year.Doc= 2007.290995 Pager 2 of 5 I Order; havener Comment: �f�ackef Pg�1254,; — --- 8.E,b LOT MERGER NO.ENG.2006-007 EXHIBIT "A" LEGAL DESCRIPTION AFTER LOT MERGER d U 3 C Q ALL OF LOTS 25 THRU 27 OF THE WARD COURTNEY&COMPANY SUBDIVISION OF BLOCK 40,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF O CALIFORNIA,AS SHOWN ON A MAP FILED IN BOOK 3,PAGE 25 OF MAPS,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: _ w O 'w BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25 OF BLOCK 40;THENCE SOUTH ALONG THE WEST LINE OF"H" STREET(82.5 FEET WIDE), 130 FEET TO THE SOUTHEAST CORNER OF SAID LOT 25;THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 25,26& 27, 140 FEET;THENCE NORTH, 140 FEET TO THE SOUTH LINE OF SPRUCE STREET(50 FEET WIDE); THENCE EAST ALONG THE SOUTH LINE OF SAID SPRUCE STREET 10 FEET; THENCE SOUTH 43 FEET;THENCE EAST 44 FEET;THENCE NORTH 43 FEET TO THE SAID w SOUTH LINE OF SPRUCE STREET;THENCE EAST ALONG THE SOUTH LINE OF SAID 0 SPRUCE STREET 86 FEET TO THE POINT OF BEGINNING. @ U Y CONTAINS 0.374 ACRES rn a v v N N t x w d d J 3 J vt 0 �oNN' 157 T PREPARED BY a l3 5280 0 * Exp. 1^311 Q Q Q a\Q r 9�OF CAUFO� E m 9 0(, PAUL CHRISTOPHE PLS 5260 DA � Q Job 05-558 DeacriPtion: San Sarnardino,CA Document-rear.DocZD 2007.290995 Page: 3 of 5 Order: havener Comment: r #pia" Packe��Pg ;1255'` EXHIBIT"B" OWNERS CERTIFICATE FOR LOT MERGER NO. d ENG.2006-007 c. O 'w WE HEREBY CERTIFY THAT WE ARE THE ONLY OWNERS OF THE PROPERTY y AS DESCRIBED IN EXHIBITS "A"AND"B"(ATTACHED)AND WE HEREBY x CONSENT TO THE PREPARATION AND RECORDATION OF A CERTIFICATE O OF COMPLIANCE TO MERGE THE LOTS AS SHOWN ON THESE EXHIBITS. UJ >, d Q a U , MUL SKI DATE c E U4DAnVI D TE 07 y a x v v ACKNOWLEDGEMENT N N a STATE OF CALIFORNIA,COUNTY OF SAN BERNARDINO. x w ON January 11, 2007BEFOREME, Norris Gregory, Jr. , Notary Public PERSONALLY APPEARED FRANK MULU49KI AND DARLENE DAVIS,PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE,TO BE THE PERSONS WHOSE NAMES ARE 3 SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITY,AND THAT BY THEIR y SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF p WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. m t U ^ ORRIS GREGORY JR. GOMM. I149635t, Q LS DI VOTARY PUBLIC-CALIFORNIAy Q '�f �.t� �.— k SAN 9ERNARDINO COUNTY,+ U N Y PUBLIC SIGNATURE MY COMK EAP.JUN.23.Y008 0.' c as E t U W w r Q Description: San Bernardlno,m Document-Year.DOCID 2007.290995 Page: 4 of 5 order: havener Comment: Packet,Pg:125&`', ---- -- 8.E.b EXHIBIT C LOT MERGER NO. ENO. 2000-007 OF BLOCK 40 LOTS 20, 20 AND 27 OF BLACK 40 OF THE WARD COURTNEY k COMPANY SUBDIVISION, IN 'GEES CITY, OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK S OF MAPS, PAGE 25, RECORDS OF SAM COUNTY, EXCEPTING THEREFROM THE EAST 44 FEET OF THE WEST 64 FEET OF THE NORTH 43 FEET OF SAM LOTS 20 AND 27. U 3 CL SPRUCE STREET POW Cr N M t3o) W % I 0 (44) (50) I Inn 10' 10' I I If O PACEL 3 v I T 1 j NAP. a Eq v 1 44.00 I (130) w i > � I W 0 E „ 0 la :- PARCE T 2 Y_U vL I WI 1n I V 07 (130) x Of PARCEL'4 110' 10' IV I (130) 1 30 50 50 (140) W AI.IEY w PREPARED BY: c�\OG�0. PAUL CHRIST Q HER EH LS 5260 IN JAN U 2 06. O `C yn O u✓ f' a ° LS 5280 1213110 �t 5CJU I"-''O' 000 G' SIGNED SSORS PARCEL NUMBERS u P.L.S. NO. 5280 XP.12/31/200691F OF CALIF PRIOR TO LOT MERGER :°, LOT: 134-052-14 Q 134-052-16 Q ENVIRONMENTAL 134-052-18 L) HIGHTECH 134-052-19 ENGINEERING PROPERTY OWNER:• LAND SURVEYING E • LAND PLANNING CRL DEVELOPMENT/ ATTN: FRANK M. U • CIA1L ENGINEERING 2130 N. ARROWHEAD AVENUE, SUITE 206—D ,0-, (909).856-1811 FAX (909) 883-1297 SAN BERNARDINO. CA 92405 Q 3272 N. 'E' St. /IA, Son 8e111Eino, CA 92405 PHONE: (909) 5a6-7710 EHEM 05-558 JANUARY OF 2006 FAX: (909) 886-7730 Deacription: San Bernardino,CA Document-Y6ar.DoclD 2007.290995 Page: 5 of 5 Order: havener Comment: Packet Pg. 1257 i i I a L Q W I N 1 ~ N 1 O W d Q d V U W E V V .rya V 1 E � XHIBIT 66F99 a _ N I N i a i K W d d J 3 CS J N N O m L U w I Q 1 U K i c i d E U 1 Q { Packeti P�:,1258==' { Rac nNetl In OIfIGaI Records,County of Sat Bernardino 511412001 RECORDING REQUESTED BY LARRY WALKER Mp 11:15 AM USA /��k�3 I °a" - Auditor/Controller - Necorder AND WHEN RECORDED MAIL TO %'� P Counter Name rFRANKMULINSKI Doc#: 2007-0290996 Titles; 1 Pages: 4 DARLENE DAVIS Fees 15.00 Street 2130 N.ARROWHEAD AVE.206D ( IIIIIII IIIIIIIIIIIII IIIIIIIII III IIIIII Oth., SI0.00 O Address SAN BERNARDINO,CA 92405 N city & U) State L y SPACE ABOVE THIS LINE FOR RECORDER'S USE _ MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$0.00 p Name ❑ Computed on the consideration or value of property conveyed;or LU SAME .j Computed on the consideration or value lass liens or d Street encumbrances remaining at time of sale. Address Q Unincorporated area: a City & 7 City of San Bernardino _,and State _ — to -fiignawre°agent detemimng tax to w GRANT DEED ° E 'm Ii FRANK MULINSKI and DARLENE DAVIS grant to FRANK MULINSKI,an unmarried man,and DARLENE DAVIS,a married woman as her sole and separate property CJ the real property in the City of San Bernardino County of y San Bernardino Slate of California, described as: W a SEE ATTACHED EXHIBITS-A, B,&C" v APN: 134-052-14, 19, 18,& 19 v e- N LOT MERGER NO.ENG.2006-007 rn xx w d J Date:January 11 2007 FRANK.MULINSKI r m (Pmx Name) Date:,lanuary 11 2007 DARLENE DAVIS ° STATE OF CALIFORNIA ) m COUNTY OF SAN BE RNAR01NO j t On January 11.2007 before me. Nom"Grocery Jr. locus d enrey pWW r ++ personally appeared Frank MWinski and Darlene Davie ;:.:, NORRIS GREGORY JR. Q ti 1F> COMM. #14963684 Q proved m y NOTARY PUBLIC-CALIFORNIA Personally known to me whose proved to re ub the basis of within Instr evidence} 01 y UR' a n the persons) that lshch a axe sled th bed b the within Instrument and lZ / SAN fiERNARDINO COUNTYr.. acknowledged to Ii by hefnernheqq executed the same in trumehl Me authorized NY COM6L EXp,JUN.Y5,200A C capaciry0es), and a, t hisalarghek slgr0lum(s) rm the insWmenl eb q:rson(s). N or the artery upon haIf of which the per s) acted, executed the Instrument. E WITNESS my hill /fy/p'a(seal. L Signature (Signature of notary public) Q (This area for olligel noledel seal) TAX STATEMENTS TO BE MAILED AS DIRECTED ABOVE FORM 404 10.01 @2003 first tuesday, P.O. BOX 20069, RIVERSIDE, CA 92516 (800) 794-0494 Description: San Barnardino,CA Document-Year.DOCID 2007.290996 Page: 1 of 4 Order: havener Comment: Packeti P X1259` LOT MERGER NO.ENG.2006-007 EXHIBIT "A" LEGAL DESCRIPTION AFTER LOT MERGER CL ALL OF LOTS 25 THRU 27 OF THE WARD COURTNEY&COMPANY SUBDIVISION OF BLOCK y 40, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF a U) CALIFORNIA,AS SHOWN ON A MAP FILED IN BOOK 3,PAGE 25 OF MAPS,RECORDS OF y SAID COUNTY,DESCRIBED AS FOLLOWS: x O ww BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25 OF BLOCK 40;THENCE SOUTH d ALONG THE WEST LINE OF"H"STREET(82.5 FEET WIDE), 130 FEET TO THE SOUTHEAST a CORNER OF SAID LOT 25;THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 25,26& 27, 140 FEET;THENCE NORTH, 140 FEET TO THE SOUTH LINE OF SPRUCE STREET(50 FEET WIDE);THENCE EAST ALONG THE SOUTH LINE OF SAID SPRUCE STREET 10 FEET; THENCE SOUTH 43 FEET;THENCE EAST 44 FEET;THENCE NORTH 43 FEET TO THE SAID o SOUTH LINE OF SPRUCE STREET;THENCE EAST ALONG THE SOUTH LINE OF SAID E SPRUCE STREET 86 FEET TO THE POINT OF BEGINNING. "m CONTAINS 0.374 ACRES cy' U) v N_ N Z t w L .d, d J 3 J N N m° �SS� G�pISiOpyF'rG,AU = PREPARED BY * E L9 5280(0 - * a a 1 0! OF CAO c PAUL CHRISTOPHE HE,PLS 5280 DAT m a Job 05-558 Description: Son aernardino,m Document-Year.DocXD 2007.290996 Page: 2 of 4 Order: havener Comment: Packe'Q*11260 EXHIBIT"B" OWNERS CERTIFICATE FOR LOT MERGER NO. ENG. 2006-007 2 CL y w O U) WE HEREBY CERTIFY THAT WE ARE THE ONLY OWNERS OF THE PROPERTY N AS DESCRIBED IN EXHIBITS"A"AND"B"(ATTACHED)AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF A CERTIFICATE OF COMPLIANCE TO MERGE THE LOTS AS SHOWN ON THESE EXHIBITS. w d Q a m F MULINSKI DATE c E MLENE D"I TE Cl rn o: v v ACKNOWLEDGEMENT N STATE OF CALIFORNIA,COUNTY OF SAN BERNARDINO. L x w ON January 11, 2007 BEFORE ME, Norris Gregory, Jr. , Notary Public y PERSONALLY APPEARED FRANK MULINSKI AND DARLENE DAVIS,PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE,TO BE THE PERSONS WHOSE NAMES ARE 3 SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY J EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITY,AND THAT BY THEIR v, SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF m WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. i v F ' �NCRRIS 6RE60RY JR. =° , OMM #1496358 Q .iuAfiY PUBIC-CAUFORN1Ay U w � 3EPARONAY 0 C00TY N YP .. JUN, 25.2008 wv-v- c d E r U R V Q Description: San Bernardino,CA Document-rear.Doc1D 7007.290996 Page: 3 of 4 Order: havener Comment, PacketPg.,1261' EXHIBIT C LOT MERGER NO. EKG. 2006-007 OF BLOCK 40 LOTS 26, 2a AND 27 OF BLOCK 40 OF THE HARD COURTNEY & COMPANY SUSDMSION, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. AS SHOWN ON MAP FILED IN BOOK S OF MAPS. PAGE 22, RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE EAST " FEET OF THE WEST 64 FEET OF THE NORTH 42 FEET OF SAID LOTS 26 AND 27. C _ 1n ^ .- _ _SPRUCE STREET poles F r3o) MCANNIW 0 (44) (50) 10' to* Lu F2l $ PARCEL 3 a i a N.A.P. I ( 44.00 O (130) W ' > O w PARCEL 2 a M aW cy l ' Y W ( O) U (130) 'M v PARCEL'4 j 10' 10' i I I(130) m 30 50 50 H26'� K (140) W ALLEY `m i PREPARED BY: \Dad 'S I 3 0 G�(t1510PyF G'PG as PAUL CHRIST HER EH LS 5280 �`� �+ � J IN JANU 2 06. ce, a IS 5280 R'.O y . 121311 0 5w jllw�a SIGNED 10 q S90RS PARCEL NUMBERS P.L.S. NO, 5280 XP.12/31/2006'' OF C PRIOR TO LOT MERGER Q LOT: 134-052-14 C ENVIRONMENTAL 134-052-18 134-052-16 � HIGHTECH 134-052-19 ENGINEERING • LAND SURVEYING PROPERTY OWNER: E • LAND PLANNING Z • CIVIL ENGINEERING CRL DEVELOPMENT/ ATTN: FRANK M. .N. (909) 886-1811 FAX (909) 883-1297 2130 N. ARROWHEAD AVENUE, SUITE 206-D Q 3272 N, 'E" St. MA, San Bamardlno, CA 92405 SAN BERNARDINO. CA 92405 PHONE: (909) 886-7710 EHE# 05-558 JANUARY OF 2006 FAX: (909) 886-7730 77.30 Description: San BBrnardinO,CA Document-Year.DOCID 2007.290996 Page: 4 of 4 Order: havener Comment: PBcketOP 1262 U a w O Y y 2 w O 'w d Q d Y m U m 0 0 E .ia 5 Y O EXHIBIT " G" N y Y_ L L x w L d Y_ d J 3 R J Ul N O m L U W w Q Q U Y C d E L U 16 w Q a Packet P�. 1263 OFFICE OF THE ASSESSOR County of San Bernwleo 172 West Third Six"V-s,46emardlno,CA 92415-0319 DENNIS DRAM ER www,sbcounty.gov/assessor Assessor-Recorder-County Clerk a January 19, 2012 AMES R EA D KANDY ROE Assessor Parcel No: 0134-052-1�"' Q 1 _ — 0134-052.18A a BULLHEAD CITY, AZ 86430 Instrument#: 2012-000190 m U l E .5 �X We are unable to merge/adjust the lot lines on the above parcel numbers for the following reason($): 3 MWe are unable to determine the parcels to be merged and/or adjusted by your legal descriptlon(s). CT rA ❑R The ownership andlor vesting are not identical for all the parcels involved in the lot change. ❑The parcels are not assessed in the same tax rate area. []The parcels are not contiguous. v MA recorded deed using the new legal description(s)to complete the process is needed. [There are delinquent taxes due.This office does not have specific information regarding delinquent taxes. For more information. Contact the Office of the Treasurer-Tax Collector, Redemption-Sales Division Q at(909)387-8308. Please notify us when taxes are current so we may process your request. W ❑x Other: Previous Lot Line Adjustment not completed. City of San Bernardino assessed to 0134-052-16. Please refer to your title%scrow company, or the party who prepared y r document if you need ass nce. For information regarding the recordation of any correcting documents s),please contact the Cou y Recorder Division at(909) 367-8306. N If you have any questions concerning the above, please contact the apping Department (909)38 9131 c m Very truly yours, a/ s DENNIS DRAEGER, Assessor-Recorder-County Clerk ;°. / Q U IX LEONAHEWITT Y� .. / � Mapping Department (� m \ L u m V W Q Title Order#: a4;ke�Pg F1264 d U CL N Y O y Y N 0 O w T d Q 'O d R U A w O U d y EXHIBIT "H" N td Y_ L W L d Y Y J 3 J N N O m L U Q Q U Y C Cd C L U M a Packet Pg. 1265 8 E. CLTA Preliminary Report Form Order Number: 0625-4152932 (Rev. 11/06) Page Number: 1 First American Title w First American Title Company 323 Court Street San Bernardino, CA 92401 = w O w d Q a d Phone: � U Fax: A r_ 0 E Customer Reference: Order Number: 0625-4152932 (gp) Cf U) Title Officer: Josh Guzman/ Porscha Peterson o Phone: (951)787-1762 Fax No.: (866)292-6890 E-Mail: RVTitle @frstam.com Property: VACANT LAND CA .0 s X Lu PRELIMINARY REPORT Y d In response to the above referenced application for a policy of title insurance,this company hereby reports that It Is prepared to Issue,or J muse 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 Its which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as J an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. W N The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Exhibit A m 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 optron 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 ,p 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 Q read.They are available from the office which issued this report. Q 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 tide insurance policy and should be carefully considered. E It is important to note that this preliminary report is not a written representation as to the condition of title and may not tct list all liens,defects,and encumbrances affecting title to the land. m Y_ Q 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. First Arnefican Title PakePg1266 Order Number: 0625-4152932 © Page Number: 2 Dated as of August 23, 2012 at 7:30 A.M. 4) a The form of Policy of title insurance contemplated by this report is: N O EAGLE Protection Owner's Policy(CLTA/ALTA Homeowner's Policy of Title Insurance) if the land described is an improved residential lot or condominium unit on which there is located a one-to- v> four family residence, or ALTA Residential Title Insurance Policy (6-1-67) if the land described is = an unimproved residential lot or condominium unit; ALTA Loan Policy (1992) with ALTA O_ Endorsement- Form 1 Coverage w d A specific request should be made if another form or additional coverage is desired. a d Title to said estate or interest at the date hereof is vested in: m JAMES ROE AND KANDY ROE, HUSBAND AND WIFE AS JOINT TENANTS AND THE CITY OF SAN > BERNARDINO, AS THEIR INTEREST MAY APPEAR OF RECORD o E The estate or interest in the land hereinafter described or referred to covered by this Report is: �� O FEE The Land referred to herein is described as follows: v (See attached Legal Description) N At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: s r X w 1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or payable, 3 2. The lien of defaulted taxes for the fiscal year 2011-2012, and any subsequent delinquencies. u, N Tax Rate Area: 007006 0 m A. P. No.: 0134-052-14 Amount to redeem: $113.03 Valid through: SEPTEMBER 2012 Amount to redeem: $114.16 Q Q Valid through: OCTOBER 2012 Please contact the tax office to verify the payoff amount. C d 3. General and special taxes and assessments for the fiscal year 2011-2012 are exempt. s v m AFFECTS PARCEL: 0134-052-016 Q 4. The lien of defaulted taxes for the fiscal year 2011-2012, and any subsequent delinquencies. FirstAmencan Title Packel,Pc 1267 E s: Order Number: 0625-4152932 Page Number: 3 Tax Rate Area: 07006 A. P. No.: 0134-052-18 Amount to redeem: $158.31 d Valid through: SEPTEMBER 2012 3 Amount to redeem: $160.06 v`a� Valid through: OCTOBER 2012 .) Please contact the tax office to verify the payoff amount. y 5. The lien of defaulted taxes for the fiscal year 2011-2012,and any subsequent delinquencies. _ w O Tax Rate Area: 007006 w A. P. No,: 0134-052-19 m Amount to redeem: $160.71 Q Valid through: SEPTEMBER 2012 Amount to redeem: $162.49 Valid through: OCTOBER 2012 Please contact the tax office to verify the payoff amount. c E 6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with 'm Section 75 of the California Revenue and Taxation Code. r CT 7. Rights of the public in and to that portion of the land lying within STREETS, ROADS OR U) HIGHWAYS. a 8. The fact that the land lies within the boundaries of the CENTRAL CITY NORTH Redevelopment Project Area, as disclosed by various documents of record. d N 9. Any defects, liens, encumbrances or other matters which name parties with the same or similar r names as JAMES ROE (1 MATTER). The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or w commitment,we will require a statement of information. t d d J 3 m J I N O LL L V A w Q i cQi c m E Q v R Q FirstAmencan Title Packet 0 g 12Ei8 Order Number; 0625-4152932 Page Number: 4 N INFORMATIONAL NOTES CJ ® - c Cn 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 o policy that is to be issued in connection with your transaction. 'ui d 1. General and special taxes and assessments for the fiscal year 2011-2012. First Installment: $76.93, PAID m Penalty: $0.00 Second Installment: $76.89, AMOUNTS INCLUDE IN DEFAULT ? Penalty: $17.69 E E Tax Rate Area: 007006 A. P. No.: 0134-052-14 3 I 2. General and special taxes and assessments for the fiscal year 2011-2012. Cn First Installment: $116.45, PAID a Penalty: $0.00 Second Installment: $116.44, AMOUNTS INCLUDE IN DEFAULT Penalty: $21.64 N Tax Rate Area: 007006 A. P. No.: 0134-052-18 r a t 1 General and special taxes and assessments for the fiscal year 2011-2012. w First Installment: $118.54, PAID Penalty: $0.00 J Second Installment: $118.53,AMOUNTS INCLUDE IN DEFAULT 3 Penalty: $21.85 Tax Rate Area: 007006 y A. P. No.: 0134-052-19 ° m r 4. The property covered by this report is vacant land. 5. According to the public records,there has been no conveyance of the land within a period a of twenty four months prior to the date of this report, except as follows: r A document recorded January 03, 2012 as INSTRUMENT NO, 12-1907 OF OFFICIAL RECORDS . From: CARLA STUBBLEFIELD,AN UNMARRIED WOMAN s To: JAMES ROE AND KANDY ROE, HUSBAND AND WIFE AS JOINTTENANTS V Q 6. We find no open deeds of trust. Escrow please confirm before closing. FirstAmerican Title Pd.'1269- Order Number: 0625-4152932 Page Number: 5 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. U O. N w- O Co 2 w O w T G) Q U d @ V @ J w O E V Q Lo n: v v N N w L W i d d J 3 :i N N O 0] U U Q Q U c m E U U @ Q i � 1 firstAmerican Title Packet Pg. 1270 8.E.b Order Number: 0625-4152932 Page Number: 6 First American Title Company 323 Court Street u ` •s San Bernardino,CA 92401 3 First American rtle (951)787-1700 Q Fax- rn 0 rn to WIRE INSTRUCTIONS = for O First American Title Company, Demand/Draft Sub-Escrow Deposits w Riverside County, California Q a m R U First American Trust, FSB o S First American Way E Santa Ana, CA 92707 m Banking Services: (877) 600-9473 O ABA 122241255 Credit to First American Title Company Account No. 3004460000 0 Reference Title Order Number 4152932 and Title Officer Josh Guzman/ Porscha Peterson °v r N N L Jr X iL Please wire the day before recording. d m J 3 J N N O m L U A Q Q U c m E L U A a First American Title Packet Pg. 1271 Order Number: 0625-4152932 Page Number; 7 LEGAL DESCRIPTION ^y c Real property in the City of San Bernardino, County of San Bernardino, State of California, a described as follows: N w O ALL OF LOTS 25 THRU 27 OF THE WARD COURTNEY&COMPANY SUBDIVISION OF BLOCK 40, in IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS r«n SHOWN ON A MAP FILED IN BOOK 3, PAGE 25 OF MAPS, RECORDS OF SAID COUNTY, _ w DESCRIBED AS FOLLOWS: 0 w BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25 OF BLOCK 40; THENCE SOUTH y ALONG THE WEST LINE OF "H" STREET(82.5 FEET WIDE), 130 FEET TO THE SOUTHEAST CORNER OF SAID LOT 25; THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 25, 26 &27, a 140 FEET; THENCE NORTH, 140 FEET TO THE SOUTH LINE OF SPRUCE STREET(50 FEET R WIDE); THENCE EAST ALONG THE SOUTH LINE OF SAID SPRUCE STREET 10 FEET; THENCE m SOUTH 43 FEET; THENCE EAST 44 FEET; THENCE NORTH 43 FEET TO THE SAID SOUTH LINE > OF SPRUCE STREET; THENCE EAST ALONG THE SOUTH LINE OF SAID SPRUCE STREET 86 FEET c TO THE POINT OF BEGINNING. E 'm U APN: 0134-052-14; 0134-052-16; 0134-052-18 and 0134-052-19 Cf a v v T N f4 a_ r x w IL d « d J 3 R J H N m L U N Q Q U c d E t U « Q First American Trtle Packe{Pg,1272 Order Numb: 0625.4152992 w Page Number: 8 ' a —�• —e �6�aee = I ---------a- -- ) o �-- 3rraas----------- � m tl ° e u�•1 � 0 to m m � j M ll V .� •'uy P O J N s>g ........... 1 u°i0 m ' :•�� 1 1 O �' 1 - I M O L �t _x _ , 1 Q am o CY r x V 0 o z k O' ..... y oz i3 -o I.r x I tr r•1 Q' — - Dais--- ---1------ ---- 1 c R6�•--•--............— x W.I L IM 1 1 i Q - a r ---------- J m E O Y � ji] Q 1 NOTICE FirstAmerican Title Order Number: 0625.4152932 Page Number: 9 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 0 capacity,wait a specified number of days after depositing funds, before recording any documents in connection 3 with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be disbursed rn the same day as deposit. In the case of cashier's checks or certified checks,funds may be disbursed the next day o after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, in cashier's checks, or certified checks whenever possible. in If you have any questions about the effect of this new law, please contact your local First American Office for = more details. 0 'w m v d U N i O E U V1 a v v N V) t x w m m J 3 m J N 0 m a L U A a Q U c m E r U A w Q firstAmerican Title PackefPg}t127,4 i 8.E.b Order Number: 0625-4152932 OPage Number: 10 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) U 7 CLTA(ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10) �- rn EXCLUSIONS U) In addition to the Exceptions In Schedule 8,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: N S (a)building; (d)improvements on the Land; "- O (b)zoning; (e)land division;and W (c)land use; (f)environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.a.,14,15,16, 18,19,20,23 or 27. Q 2, The failure of Your existing structures,or any part of them,to be constructed In accordance with applicable building codes. This Exclusion .a 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. M 4, Risks: Co (a)that are created,allowed,or agreed to by You,whether or not they are recorded In the Public Records; o (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; E (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. S. 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 U) (b)In streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21, 0_ fr 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. N LIMITATIONS ON COVERED RISKS M 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 Umit of Liability shown in Schedule A. K W i d Your Deductible Amount Our Maximum Dollar y Limit of Liability J Covered Risk 16: 1%of Policy Amount or$2,500.00(whichever Is less) $10,000.00 3 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 0 to Covered Risk 21: 1%of Policy Amount or$2,500.00(whichever is less) $5,000.00 m r ALTA RESIDENTIAL TIRE INSURANCE POLICY(6-1.67) O EXCLUSIONS Q Q In addition to the Exceptions In Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: U 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 m (b)Improvements on the land U (c)and division re (d)environmental protection Q 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 RfstAmerican Title Packet Pg. 1275 8.E.b Order Number: 0625.4152932 Page Number: 11 (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 (b)that are known to you,but not to us,on the Policy Date—unless they appeared in the public records m (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 B of Covered Title Risks a 4. Failure to pay value for your title. to 5. Lack of a right: O (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A OR to (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. 2 w O_ 2006 ALTA LOAN POLICY(06-17-06) LU EXCLUSIONS FROM COVERAGE a d Q The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,vests,attorneys' -0 fees,or expenses that arise by reason of; d 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, co prohibiting,or relating to m (1)the occupancy,use,or enjoyment of the Land; o (ii)the character,dimensions,or location of any Improvement erected on the Land; E (III)the subdivision of land;or 'M (Iv)environmental protection; Y or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify ar limit the coverage provided under Covered Rlsk S. d (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6, CO 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. d 3. Defects,liens,encumbrances,adverse daims,or other matters 0' (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 d' In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; rry (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 s? (e)resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. s X 4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing- LU business laws of the state where the Land Is situated. S. Invalidity or unenforceabllity In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the w Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. d 6. Any claim,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws,that the transaction creating J the lien of the Insured Mortgage,is 3 (a)a fraudulent conveyance or fraudulent transfer,or —I (b)a preferential transfer for any reason not stated In Covered Risk 13(b)of this policy. a 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of 0 Policy and the date of recording of the Insured Mortgage In the Public Records.This Exclusion does not modify or limit the coverage 0] provided under Covered Risk 11(b). L U 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: a a EXCEPTIONS FROM COVERAGE C) C 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: m 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or E 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. no 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an Q 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. FirstAmerican Title Packet Pg. 1276 S.E.b Order Number: 0625-4152932 Page Number: 12 S. (a)Unpatented mining claims;(b)reservations or exceptions In patents or in Act 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 Ilen or right to a lien for services,labor or material not shown by the public records. d U 2006 ALTA OWNER'S POLICY(05-17-06) 3 EXCLUSIONS FROM COVERAGE O• rn The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' O fees,or expenses that arise by reason of: W 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, N prohibiting,or relating to = w (I)the occupancy,use,or enjoyment of the Land; O (11)the character,dimensions,or location of any Improvement erected on the Land; Ill (iii)the subdivision of land;or d (hr)environmental protection; Q or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the m coverage provided under Covered Risk S. R (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. m 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 O (a)created,suffered,assumed,or agreed to by the Insured Claimant; E (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; v (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 07 (e)resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. CL' 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 V, (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. r 5. Any lien on the Tide for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of c`i, Policy and the date of recording of the deed or other instrument of transfer In the Public Records that vest Tide as shown in Schedule A. N 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: •� X W EXCEPTIONS FROM COVERAGE `O d 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: J 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or 3 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. yr N 2. Any facts,rights,Interests,or claims that are not shown by the Public Records but that Could be ascertained by an O inspection of the Land or that may be asserted by persons In possesslon of the Land. m 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 O an accurate and complete land survey of the Land and not shown by the Public Records. R S. (a)Unpatented mining claims;(b)reservations or exceptions In patents or In Acts authorizing the Issuance thereof;(c)water Q rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. Q 6. Any lien or right to a lien for services,labor or material not shown by the public records. U .Li ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07-26-10) Q) EXCLUSIONS FROM COVERAGE E V A The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' Q FF fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and mning)restricting,regulating, prohibiting,or relating to FirstAmerican Title Packet Pg. 1277 8.E.b Order Number: 0625-4152932 ® Page Number: 13 (1)the occupancy,use,or enjoyment of the Land; (11)the character,dimensions,or location of any Improvement erected on the Land; (iii)the subdivision of land;or _ (iv)environmental protection; v U or the effect of any vlolatlon of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the 3 L coverage provided under Covered Risk 5,6,13(c), 13(d),14 or 16. � (b)Any governmental police power.This Exclusion I(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d),14 or 16. O 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. fn 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 0 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; w (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, aTi 16,17, 18,19,20,21,22,23,24,27 or 28);or Q (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had pad value for the Insured Mortgage. -� 4. Unenforceabllity 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. v S. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the R 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. p 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 E 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 •co 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 d. the lien of the Insured Mortgage,Is Of (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. r N N t X W L W d J 3 J u! m O 0] t U A Q Q U C N E t M m Q FirstAmencan Title Packet Pg. 1278 8.E.b Order Number. 0625-4152932 OPage Number: 14 al U FirstAmerican 7-Itie a Privacy In formation We Are Committed to Safeguarding Customer Information Q In order to better serve your needs now and In the future,we may ask you N provide us with certain information.We understand that you may be concerned abaft what we At do with such fn Infamadon-particularly any personal a financial Informal&.We agree that you have a right to know how we will ud bus the personal Information you provide to us.Therefore,together with our subsidiaries we have atlwted this Privacy Policy to govern the use and handgnp of your personal Information. 2 Applicability P w, ThIs Privacy Policy,d from our use of the Infromamo that you provide en N us.R Amer not hover the manna In a which we may use o ern Our use have obtained horn any other source,such as information Obkmsd from a public record rI from mother person a entity.Flrst American has also adopted broader guidelines Nat govern our use o/personal Information regardless of Its scarce. Flrs[American oils mere guidelines Its Fair Information Values. W T Types of information O Depending upon which Of our services you are Wilding,the types of nonpublic personal information that we may mllat Include: • information we receive horn you on applications,forms and In other communications to us,whether In writing,In person,by telephone or any other means; Q • information about your transactions wfth us,our amllated companies,or others;and • Information we receive from a consumer report agency, d � Useaf 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 Informatlpo N rwnaifilla[e0 parties U 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 die period ad after which any customer relationship has ceased.Such Information may be used for any lateral purpose,such as quality wnhol efforts a customer analysis.We may also provide At of the types of > nonpublic personal Information Ikted above to one or mare of Our affiliated companies.Such affiliated companies include financial service providers,such as title Insurers,property and casualty ,- Insures,and trust and Investment advisory companies,or companies Involved In real estate services,such as appraisal companies,home wartanty,companies and escrow companies.Furthermore, O we may also provide all the Information we collect,as described above,N companies that perform marketing services on err behalf,m behalf of our affiliated companies or to other Anandal E Institutions with whom we or our afFrllated companies have Johns marketing agreements. 0 former Customers; V Even R you are no bngec our customer,our Privacy Policy will mrronue to apply to you. Confidentiality and Security We wig use our best efforts to ensure that no unauthorized parties have access to any of you information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information W provide products or services to you.We will use Our best efforts W traln and oversee our employees and agents to ensure that your Information will be h !� handled responsibly and In accordance with this Prwacy Policy and Flr#American's Fair Information Values.We currently maintain physiol,electronic,and procedural safeguards that comply Am federal regulations to guard your nonpublic personal information. d Information Obtained Through Our Web Site Rrst American Flnandal Corporation is sensitive m privacy issues on the Imemet.We believe it Is Important you know how we treat the Information about you we receive on the Internet. In general,you an visit First American or Its afgllates Web sites pn the World Wide Web without telling us who you are or revealing any Information about yourself.Our Web server puled the domain names,not the e-mail addresses,U AsPors.This Information Is aggregated N measure the number of visits,average time spent on the she,pages viewed and similar Information.Flrst Ameman used this Inhwmstiw to mossure the use of Our aim and to develop Ideas N Improve the content of our site. There are does,hoeeve,when we may need informatlpm from you,such as your name and mall address.When mfomwtlon Is needed,we will use our best efforts to let you know at the time of IN collection how we will use the personal Informabpo.Usually,the personal lnf ernatlon we collect Is used only by us to respond W your Inquiry,process an order or allow you to access specific N aawnUprohk information,If you choose m share any personal Informatipo with us,we will only use it In accordance wlth the policies outlined above. Business Relationships a Rr#American Financial Corpo affin s site and Its affiliates'#es may contain links to Other Web sites,While we try to link Only to sites that share cur high standards and respect for privacy,we are r not responsible for the current or the privacy practices employed by other sites. x W cookies Some of Fr#American's Web sms may make use of"woke"technology to measure site activity and to customim Information m your personal tastes.A cockle Is an element of data that a Web site .W on send to your browser,which may then store the cookie On your hard drive. 55tAM Corm G m uses stored cookies.The goal of ink technology Is to better serve you when visiting Our am,save you time when you are here and W provide you with a more meaningful and J Productive Web site eperience. -- - 3 Fair Information der cos ss t0 Palene We consider eapecbibns about their prtracy In all our businesses.We only eager products and services that assure a favorable balance between consumer benefits and consumer J Privacy— Public Record We behave that an open puck record creates s'rynNrant value for soeety,enhances consumer mdw and creates consumer opportunity.We actively support an open public retard N and We believe its should behave contribution sponsi ly to our economy. O Use Am ra believe Will should behave responsibly when we use Iaccura y o about a awe call In our band die. m at Obey the laws governing the a reason, lee and to correct of data. m When, s We will take reasonable ceps of help assure the accuracy a the data we mgek,use and steps Wna i Whew possible,we will take reasonable of tsteps n carat a sot att a Information. Whin,as with the Welk record,we canna carat inaaurate Information,we will take all reasonable steps ro assist consumers In Identifying the scarce of the erroneous data m that Me consume L can secure the required corrections. U Education We endeavor to radon th the uses le our products an and services,cur employees and others in cur Industry about Nord use Information a consume privacy.We will In#mct our employees an A Our Farr Information will values and on the respaties a d syst mfr and use ct data.We wilt encourage us to In our Industry t0 the d t are use Information In a responsible manner. 5«uriry we will maintain aDDmprtare Facilities and systems to protect again#ueauthortzed access to and mrmp[lon a the data we maintain. Q Form 5O-PRrVAQ'(8/1/09) Page I of 1 Privacy Information(2001-2010 First American Financlal Corporation) Q U C N E s U N a C, Packet Pg. 1279 U CL y w O N V W O W d Q d V R U W w O E v U EXHIBIT N N a r x W L d d J 3 N N O LG L U R w Q Q U c d L U R Y a Packet Pg. 1280 � It n I n u w a 0 C I r Pal-^ M is LU ---- C� " _ All OSI 1 •°- _ I H I 'J I ........-..... .. ..... ...._ �^ @ 0 1 eti C .. vO O x O /J1 I ° ............. W..' ---------. I .. lJ � I All 11M K 0,- 01 It CS Al.. Cf I 1 I 3 V ^\ to to m I ............... A � '., e c�I " . ; W 1 N irj l ' c too , � ° @ r ^ r to n I a _ - I y • c Pke • ?8.. 8.E.c I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO QUITCLAIM 3 DEEDS RELATIVE TO A PORTION OF A NORTH/SOUTH ALLEY THAT WAS 4 PREVIOUSLY VACATED BY THE CITY, GENERALLY LOCATED SOUTH OF SPRUCE STREET AND WEST OF H STREET. 5 2 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted aCL i 6 0 Resolution No. 12371 on March 15, 1976, ordering the vacation of the certain north/south y 7 8 alley, south of Spruce Street, west of"H" Street; and o W 9 WHEREAS, Resolution No. 12371 was recorded with the San Bernardino County v 10 a Recorder's Office on March 18, 1976, in Book 8886,Page 519 of Official Records. d 11 `° NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON > 12 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o E 13 R © 14 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and N 15 directed to execute on behalf of the City a Quitclaim Deed to adjacent owner Miguel Munoz a 16 Salinas, and a Quitclaim Deed to adjacent owners James and Kandy Roe, for said portion of 17 land that was previously vacated b the City, N P Y Y ty, generally located south of Spruce Street and 18 west of"H" Street, known as Assessor Parcel Number 0134-052-16, a copy of said Quitclaim ti 19 ; 20 Deeds are attached hereto as Exhibit"1" &Exhibit"2"and incorporated herein. 0 21 0 w 22 23 E 24 U R 25 a 26 27 28 Packet.P� �128�� RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 AUTHORIZING THE EXECUTION OF TWO QUITCLAIM DEEDS RELATIVE TO A PORTION OF A NORTH/SOUTH ALLEY THAT WAS PREVIOUSLY VACATED BY THE CITY, GENERALLY 2 LOCATED SOUTH OF SPRUCE STREET AND WEST OF H STREET. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor w 5 a and Common Council of the City of San Bernardino at a meeting w 6 a thereof,held on the_day of 2013, by the following vote,to wit: 7 x 8 Council Members: AYES NAYS ABSTAIN ABSENT 0 w 9 MARQUEZ w a 10 JENKINS w 11 VALDIVIA > 12 0 13 SHORETT E 14 KELLEY a N 15 JOHNSON a. 16 MCCAMMACK 17 18 0 19 Georgeann Hanna, City Clerk d 20 The foregoing Resolution is hereby approved this_day of 2013. : 0 21 0 pl d 22 Patrick J. Morris, Mayor 23 City of San Bernardino E 24 Approved as to form: V 25 JAMES F. PENMAN, Q City Attorney //�� 26 By. Y - E 27 28 Packef`Pg:-1283 , 8.E.d REQUESTED BY AND EXHIBI WHEN RECORDED MAIL TO: lel Munoz Salinas NoWIF Vine Street San Bernardino,CA 92411 m U 3 Q w- 0 Pro.ofAPN:0134-052-16 to SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED o W T Q FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA a BERNARDINO, a municipal corporation, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MIGUE S MUNOZ SALINAS, the following real property located in the City of San Bernardino, County of San Bemardin State of California, described as follows: w 0 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" R U (n ® CITY OF SAN BERNARDINO v N N DATE: By: EXHIBIT COPY PATRICK J.MORRIS,Mayor n Q J ACKNOWLEDGEMENT OF GRANTOR(S): U_ C" STATE OF CALIFORNIA COUNTY OF ) S.S. 'n r On before me, Notar} w Public,personally appeared 0 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instrument and IY 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 c d instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. E t I certify under PENALTY OF PERJURY under the laws of the State of Califomia the foregoing paragraph is true and correct. a ©VESS my hand and official seal. SEAL: Signature B.E.d EXHIBIT "A" Legal Description That portion of Lot 27 of the Ward Courtney& Company Subdivision of Block 40 of the City of San Bernardino, County of San Bernardino, State of California, as per plat a recorded in Book 3 of Maps,Page 25,records of said County, described as follows: o Commencing at the northwest corner of said Lot 27; thence east along the south line of N Spruce Street, having a half width of 25 feet, a distance of 10 feet to the True Point of = Beginning; thence continuing east along said south line of Spruce Street a distance of 10 0 feet, to a line that is parallel with the west line of said Lot 27; thence south along said , parallel line, a distance of 43 feet, to a line that is parallel with said south line of Spruce Street; thence west along said parallel line, a distance of 10 feet, to a line parallel with o and 10 feet east of said west line of Lot 27; thence north along said parallel line, a distance of 43 feet, to the True Point of Beginning. 0 0 E M U to CU v v N fd r _C M U Q J U CJ 'n s x w 0 w v c m E r U Q Packet Pg. 1285 8.E.e ' REQUESTED BY AND EXHIBI WHEN RECORDED MAIL TO: s and Kandy Roe forth H Street San Bernardino,CA 92410 a� U 3 Q N w O N N Ptn.of APN:0134-052-16 = SPACE ABOVE FOR RECORDER'S USE O QUITCLAIM DEED ; S.E.e (� EXHIBIT "A" �•/ Legal Description m U 7 L That portion of Lot 27 of the Ward Courtney& Company Subdivision of Block 40 of the vei City of San Bernardino, County of San Bernardino, State of California, as per plat o recorded in Book 3 of Maps,Page 25,records of said County, described as follows: U x Commencing at the northwest corner of said Lot 27; thence east along the south line of o Spruce Street, having a half width of 25 feet, a distance of 10 feet, to a line that is parallel 'w with the west line of said Lot 27; thence south along said parallel line, a distance of 43 2 feet, to the True Point of Beginning; thence continuing south along said parallel line, a distance of 87 feet, to the south line of said Lot 27; thence east along said south line of 2 Lot 27, a distance of 10 feet, to a line that is parallel with and 20 feet east of said west ca line of Lot 27; thence north along said parallel line, a distance of 87 feet, to a line that is w parallel with and 43 feet south of said south line of Spruce Street; thence west along said 0 parallel line, a distance of 10 feet, to the True Point of Beginning. R reU re L � v N r C O y .j d CL' d O Q J U H N .O L X W O N N re C d E L U R Q Packet Pg. 1287 REQUESTED BY AND WHEN RECORDED MAIL TO: Ciel Munoz Salinas Vine Street San Bernardino,CA 92411 m 3 L CL U) Ptn.ofAPN:0134-052-16 Q SPACE ABOVE FOR RECORDER'S USE to QUITCLAIM DEED y X V.. 0 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA m BERNARDINO, a municipal corporation, hereby REMISE,RELEASE AND FOREVER QUITCLAIM to MIGUF MUNOZ SALINAS, as his separate property, the following real property located in the City of San Bemardin d County of San Bernardino, State of California, described as follows: $ m LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A99 c E v M (/� tY C/ W ��// CITY OF SAN BERNARDINO a DATE: By. N PATRICK J.MORRIS,Mayor c y ACKNOWLEDGEMENT OF GRANTOR(S): g STATE OF CALIFORNIA N COUNTY OF } S.S. On before me, Notar} c Public,personally appeared rn L 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 m instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. E cc s cc I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. Q WITNESS my hand and official seal. SEAL: Signature 8.E.f EXHIBIT "A" Legal Description That portion of Lot 27 of the Ward Courtney& Company Subdivision of Block 40 of the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 3 of Maps, Page 25, records of said County, described as follows: 3 L Q Commencing at the northwest corner of said Lot 27; thence east along the south line of (n Spruce Street, having a half width of 25 feet, a distance of 10 feet to the True Point of o Beginning; thence continuing east along said south line of Spruce Street a distance of 10 feet, to a line that is parallel with the west line of said Lot 27; thence south along said = w parallel line, a distance of 43 feet, to a line that is parallel with said south line of Spruce o Street; thence west along said parallel line, a distance of 10 feet, to a line parallel with a and 10 feet east of said west line of Lot 27; thence north along said parallel line, a distance of 43 feet, to the True Point of Beginning. UU A w O E .2 U .3 O 0 a a: v v N N R C U) Q J U H C� Z 0 G N E t U R Q O Packetpg. 1289 B.E.g REQUESTED BY AND WHEN RECORDED MAIL TO: :s Roe North H Street San Bernardino,CA 92410 d v 3 C Q Ptn.of APN:0134-052-16 to w SPACE ABOVE FOR RECORDER'S USE 0 QUITCLAIM DEED w to 2 ' w O FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA ] BERNARDINO, a municipal corporation, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JAMI °—' ROE AND KANDY ROE, Husband and Wife as Joint Tenants,the following real property located in the City of S v Bernardino, County of San Bernardino, State of California, described as follows: v m LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" w 0 E v Y © to CITY OF SAN BERNARDINO a DATE: By: N PATRICK J.MORRIS,Mayor d 0 ACKNOWLEDGEMENT OF GRANTOR(S): J r� F STATE OF CALIFORNIA COUNTY OF } S.S. C3 m On before me, r Notar} Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the E instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. _m I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. Q WITNESS my hand and official seal. SEAL: 0 Signature Packet Pg. 1290 EXHIBIT "A" Legal Description That portion of Lot 27 of the Ward Courtney& Company Subdivision of Block 40 of the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 3 of Maps,Page 25,records of said County, described as follows: Commencing at the northwest corner of said Lot 27; thence east along the south line of uci Spruce Street, having a half width of 25 feet, a distance of 10 feet, to a line that is parallel o with the west line of said Lot 27; thence south along said parallel line, a distance of 43 feet, to the True Point of Beginning; thence continuing south along said parallel line, a _ distance of 87 feet, to the south line of said Lot 27; thence east along said south line of o Lot 27, a distance of 10 feet, to a line that is parallel with and 20 feet east of said west LU line of Lot 27; thence north along said parallel line, a distance of 87 feet, to a line that is parallel with and 43 feet south of said south line of Spruce Street; thence west along said a parallel line, a distance of 10 feet, to the True Point of Beginning. R U R O E j U .3 O. C V r v O Q J F- m C C d E s U R a Packet Pg. 1291