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HomeMy WebLinkAboutMINUTES - 07121988 - 1.104 1. i0y TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: June 7, 1988 SUBJECT: Reclamation Agreement SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS It is recommended that the Board approve the attached agreement with Roy G. Lucchesi guaranteeing reclamation of a quarry in accordance with the reclamation plan for Land Use Permit 2181-83 , and direct the Clerk to record the agreement. FISCAL IMPACT None. A reclamation bond guarantees the reclamation BACKGROUND/REASONS FOR RECOMMENDATIONS Land Use Permit 2181-83 and the accompanying reclamation plan cover 19 of 50 acres of four parcels fronting on the south side of . Oakley Road and the west side of Empire Avenue in the Oakley area (Assessors Parcels Nos. 41-110-03 , -04, -05, and -06) . The permit and reclamation plan were approved upon appeal to the Board on May 22 , 1984 with revised conditions of approval. The permit entitles the applicant to prepare the land to elevations and approximate grades necessary for future subdivision, and to export the "quarried" sand from the site, thereby requiring a quarry permit and reclamation plan in accordance with the requirements of Ordinance 79-114 and the State Mining and Reclamation Act. The attached agreement and cash bond complete the pre-operating requirements to activate the permit. CONTINUED ON ATTACHMENT: YES SIGNATURE- 4&, .-� RECOMMENDATION OF COUNTY ADMINISTRATOR RECA OFIBOYID COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON �((( � 9�n APPROVED AS RECOMMENDED OTHER t VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development (Orig. ) ATTESTED JUL 12 198$ Recorder PHIL BATCHELOR, CLERK OF Owner-Applicant THE BOARD OF SUPERVISORS PW-Engineering Services-via AND COUNTY ADMINISTRATOR BY 0 , DEPUTY todd7:recagrm.bos RD:vpl Recorded at the Request of: CONTRA COSTA COUNTY Harvey E. Bragdon, Director Community Development Department 651 Pine Street North Wing, 4th Floor Martinez, CA 94553 This box for exclusive use of Recorder --------------------------------------------------------------------- RECLAMATION PERFORMANCE AGREEMENT LUPI 2121-83 1. Variables.' These variables are incorporated below by references: (a) LUP Permittee's Name and Address: Roy G. Lucchesi Route l, .Box 253, Oakley, CA 94561 Property Owner's Name and Address (if not permittee) : Permittee (b) Effective Date: 5-1-88 (c) Application Approval Date: October 9. 1985 (d) Subject Property:A.P.No.' s041-100-019. 041-110-003, 004, 005 006 (e) Reclamation Planned Completion Date: 5-1-91 (f) Security Amount: $8,727.00 ( including 10% annually compounded inflator of LUP term) 2. Parties. Effective on the above date, Contra Costa County and the above-named permittee(s) and owner(s) mutually agree and promise as follows: To comply with the conditions and approved plans for the above listed land use permit and quarry operation and reclamation completion. 3. Purpose. Permittee and owner desire to guarantee faithful per- formance of and compliance with the terms and conditions of the above described land use permit, reclamation plan, Chapter 88-11 of the County's Ordinance Code, and the Surface Mining and Recla- mation Act of 1975. The permittee and owner agree to guarantee and accept responsibility for completion of all reclamation work. PVrmittee and owner desire to use the property described in Ex- hibit A, the Land Use Permit, attached hereto, pursuant to said land use permit, and county agrees to such use if they fully com- p1ty with this agreement and the permit. ► 4. Agreement Binding on Successors in Interest. This agreement is an instrument affecting the title or possession of the real prop- erty described in Exhibit "A". All the terms, covenants and con- ditions herein imposed are for the benefit of County and the real property or interest therein where reclamation is to be performed and shall be binding upon and inure -to the benefit of the land described in Exhibit "A" and the successors in interest of Owner and Permittee. Upon sale or division of the property described in Exhibit "A", the terms of this agreement shall apply sepa- Page 1 of 3 rately to each parcel , and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon an- nexation to any city, Owner and Permittee, or those who succeed him as owner of the property described in Exhibit "A", shall ful- fill all the terms of this agreement upon demand by such city as though Owner and Permittee had contracted with such city origi- nally. Any annexing city shall have all the rights of third par- ty beneficiary. 5. Improvements. Permittee and Owner shall construct, install and complete all required grading, landscaping and drainage and mis- cellaneous improvements upon his property as identified above, improvements which were required as a condition of approval of above described application, a copy of which is on file in the Community Development Department. Owner and Permittee shall com- plete these improvements by above completion date in a good work- manlike manner in accordance with accepted construction practices 6. Improvement Security. Upon executing this agreement Permittee and/or Owner shall deposit as security with the County the above security amount, in the form of either a cash deposit, a surety bond or a letter of credit, guaranteeing Permittee's and Owner faithful performance of this agreement and conditions of approval for above described application. A surety bond or letter of credit shall be in a form substantially similar to subdivision improvement security and requirements relating thereto. 7. Non-Performance and Costs. (a) If permittee and owner fail to complete the improvements within the time specified in the agree- ment or any extensions granted, County may proceed to complete them by contract or otherwise and Permittee and Owner shall pay the costs and charges therefore immediately upon demand. If County sues to compel performance of this agreement or to re- cover the cost of completing the improvements, permittee and own- er shall pay all reasonable attorney's fees, costs of suit and all other expenses of litigation incurred by County in connection therewith. (b) County, at its sole discretion, may recover its costs by proceeding only on said or improvement security or against Permittee and Owner or on all of said actions. (c) Permission to enter onto the property (Exhibit "A") of Permittee and owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. 8. Assignment. If, before County accepts these improvements, the Permittee and owner's property is annexed to or incorporated in a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing this agreement. 9. Release of Improvements Security and Agreement. The County may release the above-noted security amount and this agreement upon completion of reclamation work or such greater period as may be determined necessary to assure the permanence of physical recla- mation features. Page 2 of 3 . r 10. Signatures. These signatures attest the parties agreement here- to. COUNTY OF C /C OWNER By Chairperson, Board of Supervisors (Designate official capacity in business) ATTEST: Phil Batchelor, PERMIT E S ze Clerk of the Board of Supervisors and County Administrator By ,Dep. (Designate official capacity in business) Recomm d y: Note: This document is to be acknowledged with signatures as they appear on deed of title and current title report, Exhibit B, ey B on, Director attached. ommunit]Dtyelopment Dept. FORM APPROVED: Victor I . Westman, County Counsel By y Deputy Form Revised 5/88 Attach notary acknowledgement of owner(s) and permittee(s) signa- tures) here: OFFICIAL SEAL ENRICO E. CINOUINI t Notary Public-Galitornia STATE OF CALIFORNIA Said County of Contra Costa ss. My Comm. Exp. Nov.6, 1991 County in which acknowledgement is taken On June 9 19 88 ,before me, Enrico E. Cinquini Write or type name of notary a Notary Public,in and for said" Contra Costa County and State, personally appeared Roy Lucchesi known to me to be the person whose name he subscribed to ehvithin instrum t`and acknowledged to me that--he—_--executed the same. •*If notary is commissioned in another County in addition to signature roe or print name of notary strike"said"and name Ctunty. Not v Public (Individual) F t Page 3 of 3 FOUNDERS TITLE COMPANY Order No. 700791362 EXHIBIT "A" PARCEL ONE: Parcel C, as designated on .the Parcel Map filed April 10, 1974, Book 37, Parcel Maps, page 24, Contra Costa County Records. EXCEPTING THEREFROM: An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land, as reserved in the Deed from Philip David Arezzi, et ux, recorded December 18, 1980, Book 10136, Page 135, Official Records. PARCEL TWO: Portion- of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, containing 10 acres, more or less, described as follows: Beginning on the east line of said Section 27 at the southeast corner of the par- cel of land described in the deed from James O'Hara, et ux, to William A. Waller, dated May 31 , 1893 and recorded June 26, 1893 in Volume 66 of Deeds, at Page 457; thence from said point of beginning- South, along said East line, 20 rods 'to the North line of the parcel of land described in the deed from Paulus Nelson to Ira C. Rowland, et ux, dated September 29, 1922 and recorded to October 13, 1922 in Volume 423 of Deeds, at page 111; thence West along said North line 80 rods to the East line of the parcel of land described in the deed from James O'Hara, et ux, to Mary M. Events, dated July 18, 1893 and recorded August 19, 1893 in Volume 63 of Deeds, at page 586; thence North along the East line, 20 rods to. the South line of said Waller parcel (66 D 457); thence East along said South line, 80 rods to the point of beginning. EXCEPTING THEREFROM: "A strip of land 22 1/2 feet wide on the East side for a public road" as reserved in the deed from James O'Hara to Abeana Gregor Crook, dated August 14, 1893 and recorded September 1, 1893 in Volume 63 of Deeds, at Page 616. (Legal Description Continued) -2- -P Irl L lr� FOUNDERS TITLE COMPANY Order No. 700791362 EXHIBIT "A" (Continued) PARCEL THREE: Portion of the Southeast 1/4 of. the Northeast 1/4 of Section 27, Township 2 North, Range 2 East ', Mount Diablo Base and Meridian, described as follows: Beginning at a point 124 rods south of the northeast corner of the Northeast 1/4 of Section 27, Township 2 North, Range 2 East; thence from said point of beginning south 20 rods; thence west 80 rods; thence north 20 rods; thence east 80 rods to point of beginning. Containing 10 acres. EXCEPTING FROM PARCEL THREE: "A strip of land twenty-two and one-half (22+x) feet wide on the east side for public road" reserved in the deed from Abeana Gregor Crook, et vir, recorded February 25, 1901, Book 89, Deeds, Page 86. . -3— FOUNDERS TITLE COMPANY Oder No. 700791362 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes, general and special, for the fiscal year .1987 & 1988, a lien not yet due or payable. 2. Taxes, 'general and special, for the fiscal year 1986 & 1987, as follows: Assessor 's Parcel No. : 041-110-005 Code No. 53009 lst Installment $294.94 paid 2nd Installment $294.94 not marked paid Land $47.,396.00 Imp. Value $14,516.00 P.P. Value $ Exemption $7,000.00 (AFFECTS PARCEL TWO) 3: Taxes,' general and special , for the fiscal year 1986 & 1987, as follows: Assessor's Parcel No. : .041-110-006 Code No. : 53009 1st Installment : $281.26 paid 2nd Installment $281.26 not marked paid Land $46, 153.00 Imp. Value : $ P.P. Value $6,201.00 Exemption : $ (AFFECTS PARCEL THREE) 4. Taxes, general and special, for the -fiscal year 1986• & 1987, as follows: Assessor's Parcel No. : 041-100-019 Code No. 53030 1st Installment $608.74 paid 2nd Installment : $608.74 not marked paid Land : . $113, 150.00 Imp. Value : $ P.P. Value $ Exemption $ (AFFECTS PARCEL ONE) NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, . but do not show as paid on the tax . roll. -4- FOUNDERS TITLE COMPANY Order No. 700791362 5. "The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq.. of the Revenue and Taxation Code of the State of California." In connection therewith, we find the following: Supplemental Taxes for fiscal year of 1985 - 19.86, as a result of': Type of, Document Deed, recorded March 26, 1986 Assessors' Parcel No. : 041-110-005, 1st Installment $386.05 Open, delinquent date April 30, 1987 2nd Installment $386.05 Open, delinquent date August 31, 1987 Tax Bill Mailed March 9, 1987 (AFFECTS PARCEL TWO) .. Supplemental Taxes for fiscal. year of 1985 —.1986, as a result of: Type of Document Deed, recorded March 26, 1986. Assessors' Parcel No. : 041-110-0051 . 1st Installment $384.40 Open, delinquent date April 30, 1987 .2nd Installment $384.40 Open, delinquent date August 31, 1987 Tax Bill Mailed . March 9, 1987 (AFFECTS PARCEL TWO) 6. An easement affecting that portion of said land and for the purposes stated . herein and incidental purposes as .provided in the following Instrument: Contract and Grant of Easement Granted to: The United- States of America For : Water pipelines. Recorded : April .21, 1953, Book 2108., Page 272, Official Records Affects : The easterly 8' of Parcel One 7. Oil and gas lease, for the term and upon the terms and conditions contained therein, Dated April 4, 1967 Lessor Blair F. Spires also known as Blair Freeman Spires and Mildred Spires, husband and wife _ Lessee Western Continental Operating Company, a corporation Term . 20 years Recorded: May 1, 1967 Book 5358 OR, Page 275 . No report is made herein as to the current ownership of or any matters affecting said leasehold. (AFFECTS PARCEL TWO) 8. Agreement for: Deferred Drainage Improvements Executed by County of Contra Costa and i Nathalie Thomas On the terms, covenants and conditions contained therein, Dated : March 4, 1975 . Recorded : March 12, 1975, Book 7451, Page 693, Official Records Q FOUNDERS TITLE COMPANY Order No. 700791362 . 9. Irrevocable Offer of Dedication, To Contra Costa County For Street b Highway purposes Recorded: April 24, 1975, Book 7486, Page 802, Official Records Affects : Those Portions of. Premises Shown as ."The 30'. and 60' Strips Dedicated to Contra Costa Country" On the Filed Map Reffered to in Parcel One Herein 10. Irrevocable Offer of Dedication, . To : Contra Costa County For : Storm, Flood and surface water drainage Recorded: March 24, 1975, Book 7486, Page 806, Official Records Affects The Easterly 25' of Parcel One ll.. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Grant of Easement Granted to: Contra Costa County, a political subdivision of the State of . California For Slopes and water pipelines Recorded September 25, 1979, Book 9542, OR, Page 146 Affects An easterly portion of Parcel Three 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Grant of Easement Granted to: Contra Costa County, a political subdivision of the State of California For Roadway embankments., slopes, and drainage water .pipelines Recorded December 4, 1979 Book 9644 OR, Page 517 Affects An easterly portion of Parcel Two 13. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument: Individual Grant Deed Granted to: Eugene Jacob Thomas and E.. Marie Thomas, his wife, as joint tenants For Irrigation pipeline Recorded December 18, 1980, Book 10136, Page 134, Official Records Affects The southerly 5' of Parcel One 14. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount : $66,560.00 Trustor/Borrower : Roy G. Lucchesi, a single man; Ralph E.' Lucchesi and Emily Marie Lucchesi, husband and wife Trustee Western Title -Insurance Company, a corporation Beneficiary/Lender :Phillip David Arezzi and Barbara Jean Arezzi, his wife, as joint tenants Dated : November 10, 1980 Recorded : December .18, 1980, Book 10136, page 138, Official Records Loan No. : None shown Returned to address: Phillip David Arezzi, 1166 Temple Drive, Pacheco, CA 94553 (AFFECTS PARCEL ONE) FOUNDERS TITLE COMPANY Order No. 700791362 15. Terms and provisions as contained in an instrument, Entitled Drainage Release Executed by: Roy G. Lucchesi and Ralph E. Lucchesi and Emily Marie Lucchesi In favor of: County of Contra Costa Recorded ' April 7, 1983, Book 11197, OR, Page 671 Which among other things provides: For release and forever discharge of the County of Contra Costa from any liability for damages the County may now or hereafter. have by reason of any future discharge of said waters upon the lands of Owners 16. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under .the terms thereof, Amount $100,000.00 Trustor Ancilla Lucchesi, a widow, Roy G. Lucchesi, .a single man, Ralph E. Lucchesi and Emily Marie Lucchesi, his wife, as joint tenants Trustee Coast Trust Deed Company, Inc. , a corporation Beneficiary Bank of Contra Costa Dated March 18, 1986 Recorded March 26, .1986, Book 12800, Page 331, Official Records Loan No. 0305000441 Returned to address: Bank of Contra Costa, P.O. Box 5086, Walnut Creek, CA 94596 Attn: Central Loans (AFFECTS PARCEL THREE AND OTHER PROPERTY) 17. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount : $244,050.00 Trustor : Roy Lucchesi, an unmarried man and Ralph Lucchesi and Emily Lucchesi, husband and wife Trustee : Founders Title Company, a California corporation Beneficiary : Blair Freeman Spires and Mildred Spires, husband and wife as joint tenants Dated March 17, 1986 Recorded . March 26, 1986, Book 12800, Page 338, Official Records Loan No. None shown Returned to address: None shown (AFFECT PARCEL TWO) NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of six months prior to the date hereof except as follows: NONE cc: None gcp -7- 4 SCHEDULE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE 8 This.policy does not insure against loss or damage,nor against costs,attorneys' fees or expenses,any or all of whjch arse by reason of the fottowing: Pan t 1 Taxes or assessments which are not shown as existing onctuding but not limited to building and zone^g bens by the records of any taxing authority that levies taxes ordinances) restricting or regulating or o►on oi;;^g :^e or assessments on real property or by the public records. occupancy. use or en)oyment of the land. or regulatirg --ne Pr�ceeaings by a public agency which may result in character. dimensions or location of any ,proper-ent -+c•.v taxes or assessments, or notices of such proceedings. or mereafter erected on ;he land, or proh,oit,ng a seoarwio^ whether or not shown by the records of such agency or Iy in ownership or a change in tr..e dimensions or area ;f the public records. land or any parcel of which the 'and •s or NaS a car' 2. Any facts. rights. interests or claims wnicm are ^ot .. rvl)etrer or not shown by the ouoltc -e=--'7s at Ca;? :, shown by the public records but which could oe ascertained Policy. or ;he effect of any violation )f. any ;, cn :i.v by an inspection of the land or by making inquiry of persons ordinance or governmental regulation vretner or ^ in possession thereof. snown by the public records at Date of Policy 3. Easements. bens or encumbrances. or ciaims thereof. a. Rights of eminent domain or governmental •.;-'; : which are not shown by the public records police power unless notice of ;he. exercise 3f sucn • ;-"; 4 Discrepancies. conflicts in boundary lues. shortage in appears in the puolic records. area. encroachments. or any other facts whicn a correct 9. Defects. bens. encumbrances. adverse c'aims. or ;trey survey would disclose, and which' are not shown by the matters-(a) whether or not shown by the public -ecorcls at public records. date of policy. but created. caused. suffered. assumed or 5. (a) Unpatented mining claims: (b) reservations or agreed to by the insured claimant: (b) not shown by the exceptions in patents or in Acts authorizing the issuance public records and not otherwise excluded from coverage thereof: (c) water rights, claims or title to water. whether or but known to the insured claimant either at Date Of Policy or not the matters excepted under (a).. (b), or (c) are shown by at the date such claimant acquired an estate or interest the public records. insured by this policy or acquired the insured mortgage and 6 Any right, title. interest, estate Or easement in land not disclosed in writing by the insured claimarl't to the beyond the lines of the area specifically described or Company prior to the date such insured claimant became an referred to .in Schedule A. or in abutting streets. roads, insured hereunder: (c) resulting in no loss or damage to the avenues, alleys, lanes, ways or waterways. but nothing in insured claimant: (d) attaching or created subsequent to this paragraph shall modify or limit the extent to which the Date of Policy: or (e) resulting in toss or damage wnich Ordinary right Of an abutting owner for access to a would not have been sustained if the insured claimant had physically open street or highway is insured by this policy. been a purchaser or encumbrancer for value without 7. Any law, ordinance or governmental regulation knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedule B.you are not insured against loss,costs.attorneys' fees and expenses resulting from: t: Govemmental 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: land use inlprovef ieflts on the land land dMelim environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to talo the land by condemning it.unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us..on the Policy Date — unless they appeared in the public records. that result in no loss to you that first affect your title after tre 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: . to any land outside the area specifically Cescribed and referred to in :tern 3 of Schedule A Of n streets, alleys. or waterways that touch your land. This.exclusion does not limit the access :overage ir, l:e•n 5 of Covered T.tle Oisks. t • SCHEDULE I (ContinuoQ . ' r AMERICAN LAND TITLE ASSOCIATION, LOAN POLICY-1970 ' WITH A.LTA ENDORSEMENT FORM 1 COVERAGE ' (AMENDED 1017.70) 49 SCHEDULE OF EXCLUSIONS FROM COVERAGE • • The following`matters are expressly excluded from the coverage of this pollcy: r w 1. Any low, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating + the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- ing a separation In ownership or a reduction in the dimensions or area of the land,or the effect of any viola49 - tion of any such law, ordinance or governmental regulation. • 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such , + • rights appears in the public records at Date of Policy. + I 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 and not shown by the public records but known to • the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest + insured by this policy or acquired the insured mortgage and not disclosed In writing by the Insured claim- ant to the.Company prior to the date such insured claimant became an insured hereunder,(c)resulting in a » no loss or damage to the insured claimant;(d)attaching or created subsequent to Data of Policy(except to • the extent insurance is afforded herein as to any statutory Ilen for labor or materia! or to the extent • insurance is-afforded herein as to assessments for street improvements under construction or completed + at Date of Policy). 4k • 4. Unenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of • �. any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state In 41 + which the land is situated. , • , + . • AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 .(AMENDED 1017.70) ; • SCHEDULE OF EXCLUSIONS FROM COVERAGE . + + 1. Any law, ordinance or governmental regulation (including but not limited to building and Zoning ordl- • nances)restricting or regulating,or prohibiting the occupancy, use or enjoyment of the land,or regulating + • ., the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- ing a separation in ownership or a reduction In the dimensions of area of the land, or the effect of any . + violation of any such law, ordinance.or governmental regulation. , • 2 Rights of eminent domain or gawmmental rightaof police poweaunless Aatice of the exercise of such + " rights appear in the public records at Date of Policy. ; + 3. Defects,Ilene,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to • the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest by' , • this pallcy and not disclosed-litwriting by the insured claimant to the Company prior to the date such + Insured claimant became art insured hereunder,(c)resulting in no loss or damage to the insured claimant; + (d)attaching or created subsequent to Date of Policy;(e)resulting in loss or damage which would not have , been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. 41 r 4B • 41 41 r • + • + • + • + . a .• • •a•as• asas • • ♦ rs . •• •raa •• � •• a • . a . • • � • • r + �aa .� .� . saasas.ssa,• ss • s • Fra low(F&V?MAO s r V , N M � � N Ci 3 n 'a N ap � ,• — s 3, G pr CON Y � � P4 Oki � gyp . � :� � , � J, tit fit 'At fA th soft.sh*O#*W Cep —00;,3 3 IT A0 tit! 4WO5,50'I loso 50 604 - ""W r#united Scares Of 6340 1100 OR.1710*05 go Mas, Q-7 Z, tw so it It. �bl Ik 251, 114, at PNU A,Q ---------- FOUNDERS TITLE COMPANY Order No. 700791365 EXHIBIT "A" Portion of the Northeast of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: PARCEL ONE: Beginning on the east line of said Section 27, distant thereon South 903 feet from the northeast corner of said Section; thence from said point of beginning South along the east line of said section, 813 feet to the south line of the 40 acre parcel of land described in the deed from James O'Hara to John L. Harkinson, dated December 23, 1907, recorded December 27, 1907, in Book 131 of Deeds, page 536; thence west along said south line, 1320 feet to the west line of said 40 acre parcel ; thence North parallel to the east line of said Section 27, a distance of 447 feet; thence East and parallel to the south line of said 40 acre parcel , a distance of 753 feet ; thence North, parallel to the east line of said Section 27, a distance of 1269 feet to a point on the north line of said Section 27, which point bears West 567 feet from the northeast corner of said Section 27; thence East along said north line, a distance of 190 feet; thence South, parallel to the east line of said Section 27, a distance of 903 feet; .thence East, and parallel to the north line of said Section 27, a. distance of 377 feet to the point of beginning. PARCEL TWO: Beginning on the north line of said Section 27, being. the center line of a County Road, at the northeast corner of the Parcel of land described in the deed from Raffaello Lucchesi , et ux, to Joseph Fenalio, et ux, dated November 23, 1954, recorded November 29, 1954, in Book 2426 of Official Records, page 452; thence from said point of beginning along the. north line of said Section 27, East 203 feet to a northwest corner of the Parcel of land described in the deed from Raffaello Lucchesi, et ux, to Ralph Lucchesi, et ux, dated October 20, 1953, recorded October 30, 1953, in Book 2217, of Official Records, page 134; thence along the exterior line of said Lucchesi parcel (2217 OR 134); South 1269 feet and West 753 feet; thence parallel to the east line of said Section 27, North 447, feet to the southwest corner of said Fenalio parcel (2426 OR 452) ; thence along the south and east lines of said Fenalio parcel (2426 OR 452) , east 550 feet and north 792 feet to the point of beginning. EXCEPTING FROM PARCELS ONE AND TWO ABOVE: "A strip of land on the North and East lines of the above described land Twenty five (25) feet wide, running the entire distance of said North and East lines for Public Road Purposes", as reserved in the deed from James O'Hara, et ux, to William a. Waller, dated May 31 , 1893., and recorded June 26, 1893, in Volume 66 of Deeds, at page 457, in the deed from James O'Hara, et ux, to Alice Smith, dated May 31 , 1893, and recorded June 26, 1893, in Volume 66 of Deeds, at Page 458, and in the deed from James O'Hara to John L. Harkinson, dated December 23, 1907 and recorded December 27, 1907 in Volume 131 of Deeds, at page 536. -2- FOUNDERS TITLE COMPANY Order. No. 700791365 At the date hereof .exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes, general and special -, for the fiscal year 1987 b 1988, a lien not -et due or payable. 2. Taxes, general and special , for the fiscal year 1986 6 1987, as follows: Assessor's. Parcel No. : 041-110-003 "Code No. : 53009 1st Installment : .$402.08, paid 2nd Installment : $402.08, not marked paid Land : $54,688 Imp. Value : $27,291 P.P. Value $ Exemption $ 7;000 (AFFETS PARCEL ONE) NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, but do not show as paid on the tax roll. 3. Taxes, general and special , for the fiscal year 1986 b 1987, as follows: Assessor's Parcel No. : 041-110-004 Code No. 53009 1st Installment $303.37, paid 2nd Installment. $303.37, not marked paid Land $28,924 Imp. Value $27,797 P.P. Value $ Exemption $ (AFFECTS PARCEL TWO) NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, but do not show as paid on the tax roll. 4. "The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California." 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument: Contract and Grant of Easement Granted to: None shown For : Water pipelines Recorded : March 17, 1954, Book 2285, OR, Page 402 Affects' : The north 16 feet and the west 8 feet of Parcels One and Two -3- FOUNDERS TITLE COMPANY Order No. 700791365 6. Oil and gas lease for the term and upon the terms and conditions contained therein, Dated : July 30, 1968 Lessor : Ancilla Lucchesi, a widow Lessee : Western Continental Operating Company, a corporation Term : 20 years Recorded: September 19, 1968, Book 5712, OR, Page 56 No report is made herein as to the current ownership of or any matters affecting said leasehold. 7. Terms and provisions as contained in an instrument, Entitled : Drainage Release Executed by: Roy G. Lucchesi and Ralph E. Lucchesi and Emily Marie Lucchesi In favor of: County of Contra Costa Recorded April 7, 1983, Book 11197, OR, Page 671 Which among other things provides: For release and forever discharge of the County of Contra Costa from any liability for damages the County may now or hereafter have by. reason of any future discharge of said waters upon the lands of Owners 8. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $100,000.00 Trustor/Borrower Ancilla Lucchesi, a widow, Roy G. Lucchesi, a single man, Ralph E. Lucchesi and Emily Marie Lucchesi, his wife, as joint tenants Trustee Coast Trust Deed Company, Inc. , a corporation Beneficiary/Lender : Bank of Contra Costa Dated : March 18, 1986 Recorded : March 26, 1986, Book 12800, OR, Page 331 Loan No. : 0305000441 Returned to address: Bank of Contra Costa, P.O. Box 5086, Walnut Creek, CA 94596, Attn: Central Loans 9. Agreement for: Land Division Executed by : Ralph Lucchesi and Emily Lucchesi, husband and wife and : Roy Lucchesi, a single man On the terms, covenants and conditions contained therein, Dated : None shown Recorded : July 28, 1986, Book 13022, OR, Page 629 Said agreement provides for an easement for driveway purposes 20 feet in width affecting Parcel 1. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of six months prior to the date hereof except as follows: NONE cc: None cr -4- SCHEDULE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1973 SCHEDULE B This policy does not insure against loss or damage,nor against Costs,attorneys'fees Or expenses,any or all of which arse by reason of the following: Part t 1 Taxes or assess merits.which are not shown as existing (including but not limited to building and zon ng liens by the records of any taxing authority that levies taxes . ordinances) restricting or regulating or pronioiting ;lie or assessments on real property o.r by the public records. occupancy. use or enjoyment of the landor regulating ;-,e Proceedings by a public agency which may result in character. dimensions or location of any :mprovement taxes or assessments. or notices of such proceedingsor hereafter erected on the land. or prohibiting a sebara- en whether or not shown by the.records of such agency or by in ownership or a change in the dimensions or area 3! the public records. lano or any parcel of which the land is or Aids a zar: 2. Anyfacts. rights. interests or clams wh cm 'are not whether. or not shown by the public recor7s at Ca-.? :! shown by the public recortls but which Could be ascertained Policy. or the effect of any violation df any s�cn a, by an inspection of the land or by making inquiry.of persons ordnance or governmental regulation. whether or in possession thereof. shown by the public records at Date Of Policy 3 o Easements, liens or encumbrances. or clams thereof. 8. Rights of eminent domain or governmental .r.;-.s :• which are not shown.by the public records police power unless notice of the exercise if such 4 Discrepancies. conflicts in boundary linesshortage in appears in the public records. area, encroachments. or any other facts wNcn a correct 9. Defects. liensencumbrances. adverse c!atms. or vtr er survey would disclose, and which are not shown by the matters (a) whether or not shown by the puOlic records at public records. date of policy. but created, caused, suffered. assumed or S. (a) Unpatented mining claims: (b) reservations or agreed to by the insured claimant. (b) not shown by the exceptions in patents or in Acts authorizing the issuance public records and not otherwise excluded from coverage thereof: (c) water rights. Clams Or title t0 water. whether Or but known t0 the insured Claimant ether at Date of Policy or not the matters excepted under (a), (b), or (c).are shown by at the date such Claimant acquired an estate or interest the public records. insured by this policy or acquired the insured mortgage and 6. Any right, title, interest, estate Or easement in land not disclosed in writing by the ensured Claimant t0 the beyond the lines of the area specifically described or Company prior to the date such insured claimant became an referred to in Schedule A, or in abutting streets, roads, insured hereunder; (c) resulting in no loss or damage to the avenues, alleys, lanes. ways or waterways, but nothing in insured claimant: (d) attaching or created subsequent to this paragraph shall Modify or limit the extent to which the Date Of Policy: or (e) resulting in loss Or damage which ordinary right of an abutting owner for access to a would not have been sustained if the insured clamant had physically open street or highway is insured by this policy. been a purchaser or encumbrancer for value without 7. Any law, ordinance or governmental regulation knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY,-1979 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: I" use improvements on the land. land dMlsbp environrrprotection '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 notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you. but not to us. on the policy Date — unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Oats — this does not lima the tabor and material lien coverage in -Item 8 of Covered Title Risks 4. Failure to pay value for your title. S: Lack of a right: to any land outside the area specifically described and referred to in !tem 3 of Schedule A Or :n streets. alleys. or waterways that touch your land. This exclusion does not lima the access coverage in Iters 5 of Covered Tit!e Risks • f f � l.f fff,ff ! • ff ff f fflfff ff f fffff • • f • !ff !! ! ff! !1f ff!! !! f ! ! flffflflffff f « SCHEDULE I (Continu*O » AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 « • WITH-A.L.TJL ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17.70) « SCHEDULE OF EXCLUSIONS FROM COVERAGE + The following matters are expressly excluded from the coverage of this policy: • « r 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordi- nances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating • the character,dimensions or location of any Improvement now or hereafter erected on the land,or prohibit- Ing a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any viola- tion of any such taw, ordinance or governmental regulation. « Z Rights of eminent domain or governmental rights of police power unless notice of the exercise of such « + rights appears in the public records at Date of Policy. • 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 and not shown by the public records but known to ; ' the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest • insured by this policy or acquired the insured mortgage and not disclosed In writing by the Insured claim- ant to the.Company prior to the date such insured claimant became an insured hereunder(c)resulting In • • no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to • the extent insurance is afforded heroin as to any statutory Ilan for labor or material or to the extent « • insurance is-afforded herein as to assessments for street improvements under construction or completed • at Date of Policy). ` 4. Unenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of « any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in • » which the land Is situated. ` • • » • • AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 « (AMENDED 1017.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE • ' 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordl• « nances)restricting of regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating « • the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- • Ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any « • violation of any such law, ordinance or governmental regulation. « y 2 Rights of eminent domain or governmental rightwof polics`jpowiWunles 4xdIce of the exercise of such + rights appear In the public records at Date.of Policy. ` + 3. Defects,Ilene,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to « ' b the insured claimant, pay by � y •(b)not known to the Company not shown the public records but known to r the Insured claimant either at Date of Policy or at the data such claimant acquired an estate or interest by ' this policy and not disclosed In writing by the Insured claimant to the Company prior to the date such • insured claimant became an Insured hereunder,(c)resulting In no loss or damage to the Insured claimant; ` + (d)attaching or created subsequent to Date of Policy;(a)resulting in loss or damage which would not have « » been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. + ' • ' • r � r • r w 41r 4 • r � D • ._.-- -- N0 m w ��r i t1l� m ' A , IOC rw S E' ' ♦ ,t I v w V) C3. rn X73 O --1 rn G •�...,/ O � �� N R ` rl v c Q �fl Aar 0 z ro Mf' MI k }+ : O O 40 o yy c ,�„ ^- Dip •+` z � ; _ ,ryrr•C r 11-a Z FOUNDERS TITLE COMPANY PLEASE ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: 3000 Clayton Road 821 Main Street 3688 San Pablo Dam Road Concord, CA 94519 Martinez, CA 94553 El Sobrante, Ca 94803 Telephone (415) 687-7880 Telephone (415) 228-5511 Telephone (415) 222-7170 F7 2028 "A" Street 380 Diablo Road, Ste 105 700 Ygnacio valley Road. Stc� 100 P.O. Box 860 Danville, CA 94526 Walnut Creek, CA 94596 Antioch, CA 94509 Telephone (415) 820-6660 Telephone (415) 933-1031 Telephone (415) 757-7300 3685 Mt. Diablo Blvd. Ste 110 93 Moraga Way, Ste 103 F7 3840 Blackhawk Road, Ste 1.iC Lafayette, CA 94549 Orinda, CA 94563 Danville, CA 94526 Telephone (415) 283-1711 Telephone (415) 254-1771 Telephone (415) 837-0100 PRELIMINARY REPORT In response to the within referenced application for a policy of title insurance, Founders Title (.r,nicr4:-,, hereby reports that, it is prepared to issue, or cause to be issued, as of the date hereof, a Poli, v cir Policies of TitlL Insurance describing the land and the estate or interest therein hereinafter ser. : rt:: insuring against loss which may be sustained by reason of any defect, lien or encumbrance not h,;wn ,,,.. rPferr�,d to as an Exception within 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 of said Policy or Policies forms should be reari. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitatiny tree issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liahi lity be assumed prior. to the issuance of a policy title insurance, a Binder or Commitment should be requested. FOUNDERS TITLE COMPANY Authorized Signature FOUNDERS TITLE COMPANY Order No. 700791362 Dated as of April 24, 1987, at 7:30 A.M. Issued for the sole use of: MORRISON HOMES 2255 Contra Costa Blvd. Pleasant Hill, CA 94523 Attn: Tom Moran Reference BUYER: MORRISON HOMES When Replying Please Contact: The form of policy of title insurance contemplated by this report is: "The form of policy of title insurance contemplated by this report is a California Land Title Association Standard Form Title Insurance Policy. Other forms of coverage may be considered on request." The estate or interest in the land thereafter described or referred to covered by this Report is: a fee Title to said estate or interest at the date hereof is vested in: ROY G. LUCCHESI, a single man, as to an undivided 1/2 interest; RALPH E. LUCCHESI and EMILY MARIE LUCCHESI, husband and wife, as joint tenants, as to an undivided 1/2 interest The land referred to herein is situated in the State of California, County of Contra Costa, an un- incorporated area, and is described as follows: SEE EXHIBIT "A" —1— FOUNDERS TITLE COMPANY Order No. 700791362 EXHIBIT "A" PARCEL ONE: Parcel C, as designated on the Parcel Map filed April 10, 1974,. Book 37, Parcel Maps, page 24, Contra Costa County Records. EXCEPTING THEREFROM: An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land, as reserved in the Deed from Philip David Arezzi, et ux, recorded December 18, 1980, Book 10136, Page 135, Official Records. ; PARCEL TWO: Portion of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, containing 10 acres, more or less, described as follows: Beginning on the east line of said Section 27 at the southeast corner of the par- cel of land described in the deed fiom James O'Hara, et ux, to William A. Waller, dated May 31; 1893 and recorded June 26, 1893 in Volume 66 of Deeds, at Page 457; thence from said point of beginning South, along said East line, 20 rods to the North line of the parcel of land described in the deed from Paulus Nelson to Ira C. Rowland, et ux, dated September 29, 1922 and recorded to October 13, 1922 in Volume 423 of Deeds, at page 111; thence West along said North line 80 rods to the East line of the parcel of land described in the deed from James O'Hara, et ux, to Mary M. Evants, dated July 18, 1893 and recorded August 19, 1893 in Volume 63 of Deeds, at page 586; thence North along the East line, 20 rods to the South line of said Waller parcel (66 D 457) ; thence East along said South line, 80 rods to the point of beginning. EXCEPTING THEREFROM: "A strip of land 22 1/2 feet wide on the East side for a public road" as reserved in the deed from James O'Hara to Abeana Gregor Crook, dated August 14, 1893 and recorded September 1, 1893 in Volume 63 of Deeds, at Page 616. (Legal Description Continued) -2- FOUNDERS TITLE COMPANY order No. 700791362 EXHIBIT "A" (Continued) PARCEL THREE: Portion of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: Beginning at a point 124 rods south of the northeast corner of the Northeast 1/4 of Section 27, Township 2 North, Range 2 East; thence from said point of beginning south 20 rods; thence west 80 rods; thence north 20 rods; thence east 80 rods to point of beginning. Containing 10 acres. EXCEPTING FROM PARCEL THREE: "A strip of land twenty-two and one-half (22j) feet wide on the east side for public road" reserved in the deed from Abeana Gregor Crook, et vir, recorded February 25, 1901, Book 89, Deeds, Page 86. —3- FOUNDERS TITLE COMPANY Order No. 700791362 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes, general and special, for the fiscal year 1987 & 1988, a lien not yet due or payable. 2. Taxes, general and special, for the fiscal year 1986 & 1987, as follows: Assessor 's Parcel No. : 041-110-005 Code No. 53009 1st Installment $294.94 paid 2nd Installment $294.94 not marked paid Land $47,396.00 Imp. Value $14,516.00 P.P. Value $ Exemption $7,000.00 (AFFECTS PARCEL TWO) 3. Taxes, general and special, for the fiscal year 1986 & 1987, as follows: Assessor's Parcel No. : 041-110-006 Code No. : 53009 1st Installment : $281.26 paid 2nd Installment : $281.26 not marked paid Land : $46, 153.00 Imp. Value : $ P.P. Value $6,201.00 Exemption : $ (AFFECTS PARCEL THREE) " 4. Taxes, general and special, for the fiscal year 1986- & 1987; as follows: Assessor's Parcel No. : 041-100-019 Code No. 53030 1st Installment $608.74 paid 2nd Installment $608.74 not marked paid Land $113, 150.00 Imp. Value : $ P.P. Value $ Exemption $ (AFFECTS PARCEL ONE) NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, but do not show as paid on the tax roll. -4- FOUNDERS TITLE COMPANY Order No. 700791362 5. "The lien, of supplemental taxes, if any, assessed pursuant to the provisions of Section 75., et. seq. of the Revenue and Taxation Code of the State of California." In connection therewith, we find the following: Supplemental Taxes for fiscal year of 1985 - 1986, as a result of: Type of Document : Deed, recorded March 26, 1986 Assessors' Parcel No. : 041-110-005, lst Installment $386.05 Open, delinquent date April 30, 1987 2nd Installment $386.05 Open, delinquent date August 31, 1987 Tax Bill Mailed March 9, 1987 (AFFECTS PARCEL TWO) Supplemental Taxes for fiscal- year of 1985 - 1986, as a result of: Type of Document : Deed, recorded March 26, 1986 Assessors' Parcel No. : 041-110-005, lst Installment $384.40 Open, delinquent date April 30, 1987 2nd Installment $384.40 Open, delinquent date August 31, 1987 Tax Bill Mailed March 9, 1987 (AFFECTS PARCEL TWO) 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument: Contract and Grant of Easement Granted to: The United States of America For Water pipelines Recorded April 21, 1953, Book 2108, Page 272, Official Records Affects The easterly 8' of Parcel One 7. Oil and gas lease for the term and upon the terms and conditions contained therein, Dated April 4, 1967 Lessor Blair F. Spires also known as Blair Freeman Spires and Mildred Spires, husband and wife Lessee Western Continental Operating Company, a corporation Term 20 years Recorded: May 1, 1967 Book 5358 OR, Page 275 No report is made herein as to the current ownership of or any matters affecting said leasehold. (AFFECTS PARCEL TWO) 8. Agreement for: Deferred Drainage Improvements Executed by County of Contra Costa and Nathalie Thomas On the terms, covenants and conditions contained therein, Dated March 4, 1975 Recorded . March 12, 1975, Book 7451 , Page 693, Official Records -5- FOUNDERS TITLE COMPANY Order No. 700791362 9. Irrevocable Offer of Dedication, To Contra Costa County For Street & Highway purposes Recorded: April 24, 1975, Book 7486, Page 802, Official Records Affects : Those Portions of Premises Shown as "The 30' and 60' Strips Dedicated to Contra Costa Country" On the Filed Map Reffered to in Parcel One Herein 10. Irrevocable Offer of Dedication, To Contra Costa County For Storm, Flood and surface water drainage Recorded: March 24, 1975, Book 7486, Page 806, Official Records Affects :' The Easterly 25' of Parcel One 11 . An easement affecting that portion of said land and for the purposes stated herein and .incidental purposes as provided in the following Instrument: Grant of Easement Granted to: Contra Costa County, a political subdivision of the State of California For Slopes and water pipelines Recorded September 25, 1979, Book 9542, OR, Page 146 Affects An easterly portion of Parcel Three 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument: Grant of Easement Granted to: Contra Costa County, a political subdivision of the State of California For Roadway embankments, slopes, and drainage water pipelines Recorded December 4, 1979 Book 9644 OR, Page 517 Affects An easterly portion of Parcel Two 13. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument: Individual Grant Deed Granted to: EugeneJacob Thomas and E. Marie Thomas, his wife, as joint tenants For Irrigation pipeline Recorded December 18, 1980, Book 10136, Page 134, Official Records Affects The. southerly 5' of Parcel One 14. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $66,560.00 Trustor/Borrower Roy G. Lucchesi, a single man; Ralph E. Lucchesi and Emily Marie Lucchesi, husband and wife Trustee Western Title Insurance Company; a corporation Beneficiary/Lender Phillip David Arezzi and Barbara Jean Arezzi, his wife, as joint tenants Dated November 10, 1980 Recorded December 18, 1980, Book 10136, page 138, Official Records Loan No. None shown Returned to address: Phillip David Arezzi, 1166 Temple Drive, Pacheco, CA 94553 (AFFECTS PARCEL ONE) FOUNDERS TITLE COMPANY Order No. 700791362 15. . Terms and provisions as contained in an instrument, Entitled : Drainage Release . Executed by: Roy G. Lucchesi and Ralph E. Lucchesi and Emily Marie Lucchesi In favor of: County of Contra Costa Recorded April 7, 1983, Book 11197, OR, Page 671 Which among other things provides : For release and forever discharge of the County of Contra Costa from any liability for damages the County may now or hereafter have by reason of any future discharge of said waters upon the lands of Owners 16. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $100,000.00 Trustor Ancilla Lucchesi, a widow, Roy G. Lucchesi, a single man, Ralph E. Lucchesi and Emily Marie Lucchesi, his wife, as joint tenants Trustee Coast• Trust Deed Company, Inc. , a corporation Beneficiary Bank of Contra Costa Dated March 18, 1986 Recorded March 26, 1986, Book 12800, Page 331, Official Records Loan No. 0305000441 Returned to address: Bank of Contra Costa, P.O. Box 5086, Walnut Creek, CA 94596 Attn: Central Loans (AFFECTS PARCEL THREE AND OTHER PROPERTY) 17. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts. payable under the terms thereof, Amount $244,050.00 Trustor Roy Lucchesi, an unmarried man and Ralph Lucchesi and Emily Lucchesi, husband and wife Trustee Founders Title Company, a California corporation Beneficiary Blair Freeman Spires and Mildred Spires, husband and wife as joint tenants Dated March 17, 1986 Recorded March 26, 1986, Book 12800, Page 338, Official Records Loan No. None shown Returned to address: None shown (AFFECT PARCEL TWO) NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of six months prior to the date hereof except as follows: NONE cc: None gcp . -7- SCHEDULEI CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE 9 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses,any or all of whicn arise by reason of the following: Part 1 1 Taxes or assessments which are not shown as existing (including but not limited to building 9nd Loni^g bens by the records of any taxing authority that levies taxes ordinances) restricting or regulating or oronioinng :-e or assessments on real property or by the public records. occupancy. use or enjoyment of the land. .or r_?gulat rg ;ne Pr-ceedings by a public agency which may result in Character, dimensions or location of any :-lcroverren.t -+.:•.v taxes or assessments. or notices of such proceedings. or nereafter erected on the land. or proh oiting a seoar3'10n whether or not shown by the records of such agency or by in ownersnip or a change in tt a dimensiors or area ;f 'e the public records. hand or any parcel of which the land ;s or .vas a zar: 2. Any facts. rights. interests or clams which are ^ot whether or not shown by tr.e PL oliC reC.-r7S 3t Cat- ,f Shown by the public records but wnich could be ascer.ained Poiicy. or ;he effect of any violation )f ir,, 3,-n a., by an inspection of the land or by making inquiry of persons ordnance or governmental regulation. ,vretner _�r =. in possession thereof. Shown oy the public records at Date of.Policy 3. Easements, liens or encumbrances. or clams thereof. 8. Rights of eminent domain or governmental I•;r:s which are not shown by the public records police power unless nonce of ;he exercise )f sucr, • gr s 4 Discrepancies. conflicts in boundary lines. shortage in appears in the public records. area. encroachments. or any other facts which a correct 9. Defects. liens. encumbrances. adverse c'a ms. or ;tier survey would disclose, and which are not shown by the matters (a) whether or not shown by the puolic records at public records. date of policy, but created. caused, suffered. assumed or 5. (a) Unpatented mining claims. (b) reservations or agreed to by the insured claimant: (b) not shown by the exceptions in patents or in Acts authorizing the. issuance public records and not otherwise excluded from coverage thereof: (c) water rights. claims or title to water. whether or but known t0 the insured claimant either at Date Of Policy or not the matters excepted under (a). (b), or (c) are shown by at the date such claimant acquired an estate or interest the public records. insured by this policy or acquired the insured mortgage and 6. Any right, title. interest, estate or easement in land not disclosed In writing by the insured Claimant to the beyond the lines of the area specifically described or Company prior to the date such insured claimant became an referred to in Schedule A, or in abutting streets, roads, insured hereunder; (c) resulting in no loss or damage to the avenues, alleys, lanes. ways or waterways, but nothing in insured claimant; (d) attaching or created subsequent to this paragraph shall modify or limit the extent to which the Date of Policy: or (e) resulting in loss or damage which ordinary right of an abutting owner for access to a would not have been sustained if the insured claimant had physically open street or highway is insured by this policy. been a purchaser or encumbrancer for value without 7. Any law, ordinance or governmental regulation knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS 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 any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land dlvlelon environmental'protection 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 notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created. allowed, or agreed to by you that are known to you. but not to us. on the Policy Date — unless they appeared in the public records. that result in n0 loss to you that first affect your title after the Policy Date — this does not lima the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your tale. 5. Lack of a right: to any land outside the area specifically :escribed and referred to in :tem 3 of Schedule A or n streets. alleys. or-waterways that touch your land. This exclusion does not limit the access =overage in Item 5 of Covered Title Qisks .f t • • 4 4 r • c r r,r .t L a r a . i r .. i ,r ., r r a N a t r r / 4 14 IJR . � � a e r a f e • 3 4 6 • • f f • • • » SCHEDULE I (Continued) r « r + AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE ; r + r • + The following matters are expressly excluded from the coverage of this policy: « • « 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating « the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- ing a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any viola- « » tion of any such law, ordinance or governmental regulation. • 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such , • rights appears in the public records at Date of Policy. « 3. Wects, liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to « + by the Insured claimant;(b)not known to the Company and not shown by the public records but known to ; • the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim- ant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to « . the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent it + insurance is-afforded herein as to assessments for street Improvements under construction or completed • at Date of Policy). + r 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of , w any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state In « • which the land is situated. 49 r � • « • « • AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 • (AMENDED 10.17.70) ; • SCHEDULE OF EXCLUSIONS FROM COVERAGE « r � r , • 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordi- • nances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating + + the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- + ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any f + violation of any such law, ordinance or governmental regulation. , + 2. Rights of eminent domain or governmental rightwof police poweRunless-aotics of the exercise of such rights appear in the public records at Date of Policy. ' • .3. Defects,Ilene,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to • the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by ; + this policy and not disclosed.ia writing by the insured claimant to the Company prior to the date such • insured claimant became an insured hereunder, (c)resulting in no loss or damage to the insured claimant; • (d)attaching or created subsequent to Date of Policy;(e)resulting In loss or damage which would not have « been sustained if the insured claimant had paid value for the estate or interest Insured by this policy. • « r « r r « r • r « r � r • r + r • a • asara • aarssa • • a • • • s�+► a + + sa • • * * r • s • rr • r • srsr� as • sas • sasss ♦ s •o,• •a • s• FTG 10=0(REV 7111x7► FO p /.i tea , '0 O y N j N w x ♦ N gp w p N Z ZIP ' � N •-'je' 1 tIe t 3 ✓ N • n' N . / N JIB N O o o "",-4 a A oi'l n s oa G the 3 1 � lob 44 13 it 196, Z1q. i qz. 1b in ' ♦ ♦ N I O q aI \ O • 108.00 .jai IMP�� ze7.so 3e6.50 it V00*17,00,W L o "'�° e � ��o .aha til° r R�•�`�� .. �• (O QJWCJ4�_ I I 00 05'.50-C Ie6..O 60 ft.SIr*l Ordlvl A Ca my Core Counrr I� VN 1 NOO.07 SO f 614.00 y ` it O �• C=h I L N ° — ^ 1� 1 C) a'v m•OS,SO'E /090.30 11 fl.Slrl Ortico/rC 1D Conlro CDrlo 2'ev7/f r1Fdx^r74Tc'�* C 3 M00.O55O"E e'RiM To Un//rs S/ovrr O/ 634 00 ra, Rff S Amfrkv 1108 OR.171 OOo .A •�iI •'.x:71• ZOO 0,7174 �b i °to q t � It ` to S t '.vi riiti t* �tii N '0 L1 was34 c*1 �. "� . N n� fA Cj a 1 aN2 C 2?N r^!��j�QA, Ir 11 • � j V e i< ^n^j�0i0w�s �D �'�+ FOUNDERS TITLE COMPANY PLEASE ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: 3000 Clayton Road 821 Main Street 3688 San Pablo Dam Road Concord, CA 9451: Martinez, CA 94553 E1 Sobrante, Ca 94803 Telephone (415) 687-7880 Telephone (415) 228-5511 Telephone (415) 222-7170 2028 "A" Street 380 Diablo Road, Ste 105 700 Ygnacio valley Road. Ste 100 P.O. Box 860 Danville, CA 94526 Walnut Creek, CA 94596 Antioch, CA 94509 Telephone (415) 820-6660 Telephone (415) 933-1031 Telephone (415) 757-7300 3685 Mt. Diablo Blvd. Ste 110 93 Moraga Way, Ste 103 3840 Blackhawk Road, Ste lit Lafayette, CA 94549 Orinda, CA 94563 Danville, CA 94526 Telephone (415) 283-1711 Telephone (415) 254-1771 Telephone (415) 837-0100 PRELIMINARY REPORT In response :o the within referenced application fora policy of title insurance, Founders Title (.f;mpdn; hereby reports that it prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies rf Title Insurance describing the land and the estate or interest therein hereinafter set. ",Arth. insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown Or referr,.d to as an Exception within 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 of said Policy or policies forms should be read. They are available from the office whidit issued this report. 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 liab, lity be assumed prior to the issuance of a policy title insurance, a Binder or Commitment should be requested. FOUNDERS TITLE COMPANY Authorized Signature u . ,10 0 ll 0 Z kOUNDERS TITLE COMPANY Order No. 700791365 Dated as of April 23, 1987, at 7:30 A.M. Issued .for.. the sole use of: MORRISON HOMES 2255 Contra Costa Blvd. Pleasant Hill , California 94523 Attn: Tom Moran Reference BUYER: MORRISON HOMES When Replying Please Contact: Leslie A. Kolesa The form of policy of title insurance contemplated by this report is: "The form of policy of title insurance contemplated by this report is a California Land Title Association Standard Form Title Insurance Policy. Other forms of. coverage may be considered on request." The estate or interest in the land thereafter described or referred to covered by this Report is: a fee Title to said estate or interest at the date hereof is vested in: ROY G. LUCCHESI, a single man, as to an undivided 1/2 interest and RALPH E. LUCCHESI and .EMILY MARIE LUCCHESI, husband and wife, as to an undivided 1/2 interest The land referred to herein is situated in the State of California, County of Contra Costa, an unin- corporated area, and is described as follows: SEE EXHIBIT "A" -1- FOUNDERS TITLE COMPANY Order No. 700791365 EXHIBIT "A" Portion of the Northeast of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: PARCEL ONE: Beginning on the east line of said Section 27, distant thereon South 903 feet from the northeast corner of said Section; thence from said point of beginning South along the east line of said section, 813 feet to the south line of the 40 acre parcel of land described in .the deed from James O'Hara to John L. Harkinson, dated December 23, 1907, recorded December 27, 1907, in Book 131 of Deeds, page 536; thence west along said south line, 1320 feet to the west line of said 40 acre parcel ; thence North parallel to the east line of said Section 27, a distance of 447 feet; thence East and parallel to the south line of said 40 acre parcel , a distance of 753 feet; thence North, parallel to the east line of said Section 27, a distance of 1269 feet to a point on the north line of said Section 27, which point bears West 567 feet from the northeast corner of said Section 27; thence East along said north line, a distance of 190 feet; thence South, parallel to the east line of said Section 27, a distance of 903 feet; thence East, and parallel to the north line of said Section 27, a distance of 377 feet to the point of beginning. PARCEL TWO: Beginning on the north line of said Section 27, being the center line of a County Road, at the northeast corner of the Parcel of land described in the deed from Raffaello Lucchesi, et ux, to Joseph Fenalio, et ux, dated November 23, 1954, recorded November 29, 1954, in Book 2426 of Official Records, page 452; thence from said point of beginning along the north line of said Section 27, East 203 feet to a northwest corner of the Parcel of land described in the deed from Raffaello Lucchesi, et ux, to Ralph Lucchesi, et ux, dated October 20, 1953, recorded October 30, 1953, in Book 2217, of Official Records, page 134; thence along the exterior line of said Lucchesi parcel (2217 OR 134) , South 1269 feet and West 753 feet; thence parallel to .the east .line of said Section 27, North 447, feet to the southwest corner of said Fenalio parcel (2426 OR 452) ; thence along the south and east lines of said Fenalio parcel (2426 OR 452) , east 550 feet and north 792 feet to the point of beginning. EXCEPTING FROM PARCELS ONE AND TWO ABOVE: "A strip of land on the North and East lines of the above described land Twenty five (25) feet wide, running the entire distance of said North and East lines for Public Road Purposes", as 'reserved in the deed from James O'Hara, et ux, to William a. Waller, dated May 31 , 1893, and recorded June 26, 1893, in Volume 66 of Deeds, at page 457, in the deed from James O'Hara, et ux, to Alice Smith, dated May 31, 1893, and recorded June 26, 1893, in Volume 66 of Deeds, at Page 458, and in the deed from James O'Hara to John L. Harkinson, dated December 23, 1907 and recorded December 27, 1907 in Volume 131 of Deeds, 'at page 536. -2- FOUNDERS TITLE COMPANY Order No. 700791365 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1 . Taxes, general and special , for the fiscal year 1987 b 1988, a lien not yet due or payable. 2. Taxes, general and special , for the fiscal year 1986 & 1987, as follows: Assessor's Parcel No. : 041-110-003 Code No. 53009 1st Installment $402.08, paid 2nd Installment $402.08, not marked paid Land $54,688 Imp. Value $27,291 P.P. Value $ Exemption $ 7.,000 (AFFETS PARCEL ONE) NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, but do not show as paid on the tax. roll. 3. Taxes, general and special , for the fiscal year 1986 b 1987, as follows: Assessor's Parcel No. : 041-110-004 Code No. 53009 1st Installment $303.37, paid 2nd Installment $303.37, not marked paid Land $28,924 Imp. Value $27,797 P.P. Value $ Exemption $ (AFFECTS PARCEL TWO) NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, but do not show as paid on the tax roll . 4. "The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the .Revenue and Taxation Code of the State of California." 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Contract and Grant of Easement Granted to: None shown For Water pipelines Recorded March 17, 1954, Book 2285, OR, Page 402 Affects The north 16 feet and the west 8 feet of Parcels One and Two -3- FOUNDERS TITLE COMPANY Order No. 700791365 6. Oil and gas lease for. the term and upon the terms .and conditions contained. therein, Dated : July 30, 1968 Lessor : Ancilla Lucchesi, a widow Lessee : Western Continental Operating Company, ,a corporation Term : 20 years Recorded: September '19, 1968, Book 5712, OR, Page 56 . No report is -made herein as to the current ownership of or any matters affecting . said leasehold. . 7: Terms and provisions as contained in an instrument, Entitled Drainage Release Executed by: Roy. G. Lucchesi and Ralph E. Lucchesi and Emily Marie Lucchesi In favor of : County of Contra Costa Recorded . April 7, 1983, Book 11197, OR, Page 671 Which among other things provides: For release and forever discharge of the County of Contra Costa from any liability for damages the County may -now or hereafter have by reason of any future discharge of said waters upon the lands of Owners 8. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount :. $100,000.00 Trustor/Borrowe.r Ancilla Lucchesi, a widow, Roy G. Lucchesi, a single man, Ralph E. Lucchesi and Emily Marie Lucchesi, his wife, as joint tenants Trustee Coast Trust Deed Company, Inc. , a corporation Beneficiary/Lender : Bank of Contra Costa Dated : March 18, 1986 Recorded : March 26, 1986, Book 12800, OR, Page 331 Loan No: : 0305000441 Returned to-address: Bank of Contra Costa, P.O. Box 5086, Walnut Creek, CA 94596, Attn: Central Loans 9. Agreement for: Land Division Executed by Ralph Lucchesi and Emily Lucchesi, husband and wife and Roy Lucchesi, a single man On the terms, covenants and conditions contained therein, Dated None shown Recorded July 28, 1986, Book 13022, OR, Page 629 Said agreement provides for an easement for driveway purposes 20 feet in width . affecting Parcel. 1. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of six months prior to the date hereof except as follows: NONE cc : None cr -4- SCHEDULE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE 6 This policy does not insure against loss or-damage, nor against costs,attorneys' fees or expenses,any oral I of which arise by reason of the following: Part 1 Taxes or assessments which are not shown as existing (including but. not limited to building and, zon �g bens by the records of any taxing authority that levies taxes ordinances) restricting or regulating. or prohibiting ;.ne or assessments on real property or by the public recordsoccupancy. use or enjoyment of the landor regulating :ne Proceedings by a public agency which may result in character. dimensions or location of any :rnprovernent -icw taxes or assessments. or notices of such proceedings. or hereafter erected on the land. or prohibiting a separation whether or not shown by the records of such agency or by in ownership or a change in the dimensions or area of r^a the public records. land or any parcel of which the land s or Nds a :ar: 2. Any facts. rights. interests or claims which are not whether or not Shown by the euolic records at Ca;? shown by the public records but which could be ascertained Policy or 'he effect of any vioianon t)f ar'y Si.cn d.v by an inspection of the land or by making inquiry of persons ordinance. or governmental regulation wnetner r)r in possession thereof. shown by the public records at Date of Policy 3. Easements, liens or encumbrances. or.claims thereof. 8. Rights of eminent domain or governmental t gets which are not shown by the public records police power unless notice of the exercise :)f sucn • ;-.; ; 4 Discrepancies, conflicts in boundary lines. shortage in appears in the public records area, encroachments. or any other facts which a correct 9. Defects. liens. .encumbrances. adverse uaims. or otr.er survey would disclose. and which are not shown by the matters (a) whether or not shown by the public records at public records. . date of policy. but created, caused. suffered. assumed or 5. (a) Unpatented mining claims. (b) reservations or agreed to by the insured claimant. (b) not shown by the exceptions in patents or in Acts authorizing the issuance public records and not otherwise.excluded from coverage thereof: (c) water rights, claims or title to water. whether or but known to the insured claimant either at Date of Policy or .not the matters excepted under (a), (b), or (c) are shown by at the date such claimant acquired an estate or interest the public records. insured by this policy or acquired the insured mortgage and 6. Any right, title, interest,. estate Or easement in land not disclosed in writing by the insured claimant t0 the beyond the lines of the area specifically described or Company prior to the date such insured claimant became:an referred to in Schedule A. or in abutting streets, roads, insured hereunder: (c) resulting in no loss or damage to the evenues, alleys. lanes, ways or waterways, but nothing in insured claimant: (d) attaching or created subsequent to this paragraph shall modify or limit the extent to which the Date of Policy: or (e) resulting in loss or damage which ordinary right of an abutting owner for access to a would not have been sustained if the insured claimant had physically open street or highway is insured by this policy. been a purchaser or encumbrancer for value without 7. Any law, ordinance or governmental regulation knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY.-1979 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: land use improvisments on the land land dh iliska environmental protection This exclusion dose 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 notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you. but not to us, on the Policy Date — unless they appeared in the public records. that result in no loss to you that first affect your title after tt%e 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: to any land outside the area specifically described and referred to :n Itern 3 of Schedule A . ..Or n streets. alleys. or waterways that touch your land. This exclusion does not limit the access coverage 1r, ltem 5 of Covered Title Qisks •.t • ff ttft • f.tf • f tff ttttff fttft * tttttlttttttttf f♦ f ttttftff ftttfttftfttf t SCHEDULE I (ContinuoO « r « AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 « ` WITH-A.L.TJL ENDORSEMENT FORM 1 COVERAGE ► (AMENDED 10.17.70) « SCHEDULE OF.EXCLUSIONS FROM COVERAGE « . « • The following matters ars expressly excluded from the coverage of this policy: « r 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordi- nances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating « » the character,dimensions or location of any Improvement now or hereafter erected on the land,or prohibit- ' • Ing a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any viola- « ` tion of any such law, ordinance or governmental regulation. • » 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such + rights appears in the public records at Date of Policy. « 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 and not shown by the public records but known to ; » the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest « Insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim- ant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting In t » no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to • the extent insurance is afforded heroin as to any statutory Ilan for labor or material or to the extent « • Insurance is-afforded herein as to assessments for street Improvements under construction or completed « ` at Date of Polic • Y)• ` 4. Unenforceabiiit of the lien of the insured mortgage y gage because of failure of the Insured at Date of Policy or of « » any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in « • which the land is situated. « • « r ' • • • AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 « » (AMENDED 10.17.70) 4L ` SCHEDULE OF EXCLUSIONS FROM COVERAGE « « » I. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordl. « nances)restricting or regulatin4 or prohibiting the occupancy,use or enjoyment of the land,or regulating • the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- « » Ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any ' r violation of any such law, ordinance or.govemmental regulation. « » 2. Rights of eminent domain or governmental rights,of polica-powe&unless 4xAIce of the exercise of such • r rights appear in the public records at Date of Policy. ' • 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to ` b the insured claimant; « � y ,(b)not known to the Company and not shown by the public records but known to • the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by « • this policy and not disclosed in writing by the insured claimant to the Company prior to the date such s Insured claimant became an Insured hereunder,(c)resulting In no loss or damage to the insured claimant; ' + (d)attaching or created subsequent to Date of Policy;(e)resulting In lose or damage which would not have « � i » been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. « r « r • r 4 r « s « 41 • • « r « r « a s a a a • • •s w• . s • . s a • • s +s s a a a s.• a s • s s + • s• • s a • a s a a • • a a + • s • s • 4.4 0 0 46101 y rn go, cn ,.� o c �, ��' fir. 'fl -?•. �1 y., n t'V' d Ai Q7 G 10 k Ot s • ZV • /,fir N ��`` N