HomeMy WebLinkAboutA4540 - GALWAY TRUST EXCHANGE AGR GRANT DEED Galway Trust
Exchange Agreement
AGREEMENT #4540
R20420, 7-17-02
EXCHANGE AGREEMENT
GALWAY TRUST
and
CITY OF PALM SPRINGS, CALIFORNIA
A MUNICIPAL CORPORATION,
OCTOBER, 2002
EXCHANGE AGREEMENT
THIS EXCHANGE AGREEMENT is made effective as of the Olay of
�u 2002 by and between THE GALWAY TRUST ("Trust') and THE CITY OF
PALM SPRINGS, CALIFORNIA, a California Chartered Municipal Corporation("City").
RECITALS
A The Trust is the owner of that certain unimproved real property located in the City of
Palm Springs, County of Riverside, State of California, consisting of approximately sixty
seven (67) acres which Real Property is more particularly described in attached Exhibit
A(`Trust Property").
B The City is the owner of that certain unimproved real property located in the City of
Palm Springs, County of Riverside, State of California, consisting of approximately sixty
seven (67) acres which Real Property is more particularly described in attached Exhibit
B (`City Property").
C The City Property consists of two parcels designated as Parcel 1 and Parcel 2 on Exhibit
B. The deed which conveyed Parcel 1 to the City provides:
"This gift deed is hereby granted to the City of Palm Springs subject to said
property being retained for park or permanent open space purposes."
The deed which conveyed Parcel 2 to the City provides:
"In the event of any type of construction or development, this deed shall be null
and void and the estate hereby conveyed shall revert to and imrnediately revest in
the grantor, her heirs and assigns."
D In addition to the Trust Property, the Trust owns additional real property which is located
adjacent to the City Property ("Adjacent Trust Property"). The Adjacent Trust
Property has been improved as a single family residence. The Trust wishes to assure that
the City Property shall always and in perpetuity remain in an undeveloped and natural
state.
E Notwithstanding the provisions of the deeds as hereinabove set forth and the intention of
the City to maintain the City property in an undeveloped mid natural state,the Trust
desires further assurances that the City Property will not be developed, and to that end is
willing to convey the Trust Property to the City in exchange for the City Property in the
fashion set forth hereinafter to assure that neither the Trust Property nor the City Property
shall be developed and that those properties shall remain as permanent open space.
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F The City also wishes to insure that both the City Property and the Trust Property shall
always and in perpetuity remain in an undeveloped and natural state.
G The City, pursuant to its authority under Government Code Section 37350, to acquire and
dispose of property for the common benefit, deems this exchange to be in the best
interest of the City because it results in 67 additional acres within the City being held in
an tmdeveloped and natural state for the long term benefit of the City and its residents
without expense to the City.
FI The Trust deems this exchange to be in the best interest of the Trust because it assures
that the City Property will, in perpetuity, remain in an undeveloped and natural state, to
the benefit of the Adjacent Trust Property.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein,the parties do hereby agree as follows:
1 EXCHANGE:
The Trust agrees to convey the Trust Property to the City and the City agrees to convey the City
Property to the Trust, subject to the terms and conditions hereinafter set forth, together with all
rights and appurtenances thereto.
2 CONVEYANCE:
Each of the parties agree that it shall convey its property to the other utilizing the form of Deed
attached hereto as Exhibit C ("Deed").
3 ESCROW
Within 10 days from the date hereof the Parties will deliver signed escrow instrtitctions to
Chicago Title Company, 750 North Palm Canyon Drive, Palm Springs, California, ("Escrow
Holder"), a copy of which instructions are attached hereto,marked Exhibit D ("Escrow
Instructions"), and by this reference made a part hereof. Escrow fees shall be paid entirely by
the Trust. The escrow instructions shall in all cases be consistent with the provisions of this
Agreement, and in the event of a conflict between the terms of the escrow instructions and this
Agreement,the terms of this Agreement shall prevail. At the close of escrow("Closing"), title
to the Property shall be conveyed by a duly executed and acknowledged Deed.
4 PHASE 1 HAZARDOUS MATERIALS REPORT
Within 45 days from the date hereof, the Trust, at its sole expense, shall cause Earth Systems
Southwest to inspect each of the properties and to issue its Phase 1 Report ("Hazardous
Materials Report") to each of the Parties. In the event the Hazardous Materials Report
indicates that either property is likely to have been contaminated by any Hazardous Material,
either Party may terminate this agreement and the Escrow.
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5 TITLE
At closing, each of the Parties shall convey to the other party title to their respective property,
free and clear of any and all liens, encumbrances, covenants, conditions, restrictions, easements,
rights of way and assessments except those set forth on Exhibit E ("Trust Property Title
Exceptions) and Exhibit F ("City Property Title Exceptions).
6 REPRESENTATIONS AND WARRANTIES
Each of the Parties makes the following representations and warranties to the other which shall
be true as of the date hereof and as of the Closing:
A This Agreement and all agreements, instruments and documents herein provided to be
executed or to be caused to be executed by each Party on or before the Closing will be duly
authorized, executed and delivered by and binding upon that Party and enforceable in accordance
with its terms; and each Party has the authority to enter into this Agreement and consummate the
transactions herein provided.
B Neither Party has (i)received notice of any outstanding violation of or been charged with
the violation of any material legal requirement, restriction, condition, covenant or agreement
affecting its Property or the marketing, construction, development, use, operation, maintenance
or management of its Property which has not been cured, or(ii) been served in any unresolved
litigation relating to its Property or the marketing, construction, development, use, operation,
maintenance or management of the Property. Neither Party has actual knowledge of any actions,
suits, claims or proceedings, governmental or otherwise,pending or threatened against its
Properly or any portion thereof.
C Neither Party is a party to any certificate, instrument, contract, deed of trust, mortgage,
indenture, agreement, covenant or other restriction, and there is no provision in any Trust
Agreement, Charter or law, or any judgment, order, writ, injunction, or decree of any court,
governmental body or arbitrator, which would prohibit or otherwise be breached or violated by
the entering into, execution, delivery or perfonnance by either Parry of this Agreement or the
consrunmation of the transactions contemplated hereby.
D Both Parties acknowledge that they are required to disclose if their respective Properties lie
within the following natural hazard areas or zones: (i) a special flood hazard area designated by
the Federal Emergency Management Agency (California Civil Code Section 1102.17); (ii) an
area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire
hazard severity zone (California Government Code Section 51183.5); (iv) a wild land area that
may contain substantial forest fire risks and hazards (Public Resources Code Section 4136); (v)
an earthquake fault zone (Public Resources Code Section 2621.9); or(vi) a seismic hazard zone
(Public Resources Code Section 2694). However, because the purpose of this transaction is to
assure that neither the City Property nor the Trust Property are developed, each Party hereby
waives this disclosure requirement. Neither Party shall have any responsibility for matters not
DPt2,62802
actually known to it. In addition, neither Party has knowledge of any hazardous materials or
hazardous substances on its Property.
E There are no service, maintenance, employment, supply, management or other agreements
affecting either Property, either oral or written, which will remain in effect after the Closing.
F There are no leases, licenses or other agreements permitting the use or occupancy of either
Property which will remain in effect after the Closing. There are no persons entitled to use or
occupy either Property or any portion thereof by reason of any easements by prescription or
necessity.
G Neither Party has: (a)made a general assignment for the benefit of creditors; (b) filed any
voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors;
(e) suffered the appointment of a receiver to take possession of all or substantially all of its
assets; or(d) suffered the attaclmient or judicial seizure of all, or substantially all, of its assets.
H Neither Party has granted any person any right to acquire all or any portion of its Property,
including, without limitation, any development, mineral or air rights relating to its Property.
I Neither Party has actual knowledge of: (a) any condemnation, pending or threatened, of its
Property or any portion thereof, including any right of access to its Property; (b) any government
plans for public improvements that might result in a special assessment against its Property; or,
(c) any underground or above-ground storage tanks on its Property.
J The exchange of the Properties and the performance of each of the Parties' obligations
hereunder are not subject to any requirement to obtain any approval or consent of any other
governmental agency or third party.
K Neither Party is a"foreign person"within the meaning of Section 1445(f)(3) of the Internal
Revenue Code.
L Except as otherwise expressly provided in this Agreement including this Article 6,
neither Party Seller makes any representation, warranty or guarantee whatsoever with respect to
its Property, or any aspect thereof. Each Party acknowledges and agrees that if the exchange
occurs, except as otherwise provided herein it will be acquired "AS -IS," and each Party's
decision in that regard shall be based on its own independent investigation and analysis of the
Property.
M The representations, warranties and covenants made by each Party in this Article 6 shall
survive the Closing and the recordation of the deed.
7 BROKERAGE COMMISSION
Each party represents to the other that no real estate brokers are involved in this transaction.
Dft2,62802
8 MISCELLANEOUS PROVISIONS
A Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by
either party to the other may be effected by personal delivery or by registered or certified mail,
postage prepaid, return receipt requested, and shall be deemed communicated as of the date of
mailing. Mailed notices shall be addressed as set forth below but each parry may change his
address by written notice in accordance with this paragraph:
CITY: CITY OP PALM SPRINGS
3200 L Tahquitz Canyon Way
Pain Springs, CA 92262
Attn: City Manager
TRUST: Clifton G. Lamb, ?r, Trustee
GALWAY TRUST
.__u:idiraU l-Osd
Suite 11
Calabasas, CA 91302
Copy to: Paul T. Selzer, Esq.
777 E. Tahquitz Canyon Way
Suite 328
Paim Springs, CA 92262.
B This instrument contains the entire agreement between the parties relating to file
matters contained within this Agreement Any oral representations or modifications concerning
this instrument shall be of no force or effect excepting a subsequent modification in writing
signed by all parties.
C In the event of any litigation or arbitration'aetween the parties hereto, arising out of
or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled, in
addition to such other relief as may be granted, to a reasonable sun as and for attorneys' fees in
such litigation or arbitration which shall be determined by the court in such litigation or arbitrator
or in a separate action brought for that purpose.
D This Agreement shall be binding upon and shall inure to the benefit of the
respective heirs. personal representatives, successors and assigns of tie parties hereto.
E This Agreement is entered into in the State of California, concerns real properly
located within this state, and all questions concerning the validity, interpretation and performance
of any of its terms or provisions or any of the rights or obligations of the parties hereto shall be
governed by and resolved in accordance with the laws of the State of California.
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F Each party hereto agrees to execute and deliver such other and farther documents
and perform such other acts as shall be necessary to effectuate the purpose of this Agreement.
G Any waiver of the breach of any covenant, condition or promise contained within
this Agreement shall not be deemed a waiver of any succeeding breach of the same or of any
other covenant, condition or promise set forth within this Agreement. No waiver shall be
deemed to have been given unless given in writing and in compliance with the Notices section
set forth above.
H Time is expressly deemed to be of the essence of this Agreement and each and
every provision hereof.
I This Agreement may be executed in one or more counterparts, and bear the
signature of each Party on a separate counterpart, each of which when so executed and delivered
shall be deemed an original but all of which taken together shall constitute but one and the same
instrument. Signatures on facsimile copies when so delivered shall be deemed to be originals
and shall operate in the same maimer as original counterparts.
J All representations and warranties set forth in this Agreement and all provisions of
this Agreement shall survive Closing and be fully enforceable thereafter.
K This Agreement does not confer any rights or remedies upon any person, firm or
entity other than the Parties and their respective successors and permitted assigns.
L No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement, nor shall any such officer or employee participate in any decision
relating to the Agreement which affects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Trust warrants that it has not paid or given and
will not pay or give any third party any money or other consideration for obtaining this
Agreement.
M If either party to this Exchange Agreement is required to initiate or defend or aid a
party to any action or proceeding in any way connected with this Exchauge Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not
the matter proceeds to judgment.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement and
made it effective as of the day and year first above written.
ATTEST: CITY OF PALM SPRINGS, a
municipal corporation
B :
/.
City Clerk City Manager
REVIEWED AND APPROVED
BURKY WILLIAMS & SORENSEN, LLP
By:
Da . Aleshire, Esq.
City Attorney
GALWAY TRUST
By:
C1iftoiG. Lamb, Tmstee
G
� Y�yo
Dft2,62802
GALWAY OPEN SPACE
EXHIBIT `A'
LEGAL DESCRIPTION
IN THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTH QUARTER CORNER OF SECTION 22, THENCE EAST A
DISTANCE OF 1.250 FEET;THENCE SOUTH A DISTANCE OF 1170 FEET,-
THENCE WEST A DISTANCE OF 2500 FEET; THENCE NORTH A
DISTANCE OF 1170 FEET; THENCE EAST A DISTANCE OF 1250 FEET
TO THE TRUE POINT OF BEGINNING.
APPROXIMATELY 67 ACRES MORE OR LESS.
EXHIBIT "A"
NORTH QUARTER CORNER
16 l3 / lam,
12W EAST 17 li
21 22
GAL\✓AY 22 n
s OPEN SPACE a
67 a%- ACRES
2 Q' VEST
GALWAY
PROPERTY
i
i
I
I
22 I
27
27
CITY OF PALM SPRINGS
GALWAY
PUBLIC WORKS & ENGINEERING OPEJ SPACE
DEPARTMENT
DESIGN B7; SCAIE: FlLE NO.:
N TS
SECTION 22, T.3.S, R.3.E, S.B.B:IA. CHECKED By, W.O. t SHEET NO.:
1 OF 1
CITY OPEN SPACE
EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL 1
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27,
TOWNSHIP 4 souTH, RANGE 4 EAST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION IN PALM CANYON
MESA TRACT AS SHOWN BY MAP ON FILE IN BOOK 12,
PAGES 52 THROUGH 56, INCLUSIVE OF MAPS, RIVERSIDE
COUNTY RECORDS;
ALSO EXCEPTING THEREFROM A CERTAIN PARCEL CONVEYED
TO SECURITY - FIRST NATIONAL BANK OF LOS ANGELES, A
CORPORATION, TO WRIGHT LUDINGTON, A SINGLE MAN,
BY DEED RECORDED APRIL 19, 1938 IN BOOK 370, PAGE 401 OF
OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS, DESCRIBED
AS FOLLOWS:
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 27, BEGINNING AT A POINT IN THE NORTHERLY
LINE OF SAID SECTION 27, 50 FEET WESTERLY FROM THE
NORTHWEST CORNER OF LOT I IN BLOCK 3 OF PALM CANYON
MESA TRACT AS SHOWN BY MAP ABOVE DESCRIBED; THENCE
SOUTHERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHWESTERLY
LINE OF LOT 19 IN SAID BLOCK 3, 15 FEET SOUTHWESTERLY
FROM THE SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE
NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 19,
15 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 11;
THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT 11 TO
THE NORTHWESTERLY CORNER OF SAID LOT;
THENCE WESTERLY ON THE NORTHERLY LINE OF SAID SECTION 27
TO THE POINT OF BEGINNING.
CITY OPEN SPACE
EXHIBIT `B"
LEGAL DESCRIPTION
PARCEL 2
THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF.
EXHIBIT "B"
L F
I ? (t �vim V`•• - +,"-�-r!, '
wl
CITY • 7r
OPEIASPACEi_
3ACRE
U SA
21 22
28 27 ' 22 23
CITY 21 26
CITY OPEN SPACE i ,,
:OPEN SPACE 28 [-A
ACRESl�i CANYONSA TRACT
B 12/52-,M)
CITY f
•i `: OPEN SPACE
CITY OF PALM SPRINGS Crry
PUBLIC WORKS & ENGINEERING
c- DEPARTMENT OPEN SPACE
DESIGN BY: SCALE: FILE NO.:
NTS
SECTIONS 22 AND 27, T.4.S, R4.E, S.B.B:M.
CHECKED BY. W.O. I SHEET NO.:
1 OF 1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
SELZER, EALY, HEMPHILL&BLASDEL, LLP
Paul T. Selzer
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$
Computed on the consideration or value of Property
City of Palm Springs conveyed, OR
3200 E. Tahquitz Canyon Way Computed on the consideration or value less liens or
Palm Springs, CA 92262 encumbrances remaining at time of sale.
ATTN: City Manager
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Galway Trust
hereby GRANT(S)to
The City of Palm Springs, a California Chartered Municipal Corporation
the real property in the City of Palm Springs, County of Riverside, State of California, described as:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22, T3S, R4E,THENCE EAST A
DISTANCE OF 1250 FEET; THENCE SOUTH A DISTANCE OF 1170 FEET; THENCE WEST A DISTANCE
OF 2500 FEET; THENCE NORTH A DISTANCE OF 1170 FEET; THENCE EAST A DISTANCE OF 1250
FEET TO THE TRUE POINT OF BEGINNING, ALL WITHIN THE CITY OF PALM SPRINGS, CALIFORNIA
CONTAINING APPROXIMATELY 67 ACRES MORE OR LESS
This grant deed is made in consideration of the covenant of the City of Palm Springs that the property
conveyed hereby shall, in perpetuity, be retained exclusively as natural open space and be managed and
maintained as such. In the event of any type of construction or development on the property or in the event
it is not be managed or maintained by the City as natural open space, this deed shall be null and void and the
estate hereby conveyed shall revert to and shall immediately be revested in the grantors, or their heirs,
successors and assigns.
Dated By:
City Manager
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE ) City Clerk
On before me, personally appeared
❑personally known to me -or- ❑ proved to me on the basis of satisfactory evidence, to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the persons(s) acted, executed the instrument.
Witness my hand and official seal.
(This area for official notarial seal)
SIGNATURE OF NOTARY
MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
SELZER, EALY, HEMPHILL&BLASDEL, LLP
Paul T. Selzer
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
Galway Trust _ Computed on the consideration or value of Property
23961 Craftsman Road conveyed, OR
Suite H _ Computed on the consideration or value less liens or
Calabasas, CA 91302 encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Palm Springs, a California Municipal Corporation
hereby GRANT(S) to
Galway Trust
the real property in the City of Palm Springs, County of Riverside, State of California, described as:
THE NORTH t/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4
EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION IN PALM CANYON MESA TRACT AS SHOWN BY
MAP ON FILE IN BOOK 12, PAGES 52 THROUGH 56, INCLUSIVE OF MAPS, RIVERSIDE COUNTY
RECORDS;
ALSO EXCEPTING THEREFROM A CERTAIN PARCEL CONVEYED TO SECURITY- FIRST
NATIONAL BANK OF LOS ANGELES, A CORPORATION, TO WRIGHT LUDINGTON, A SINGLE MAN,'
BY DEED RECORDED APRIL 19, 1938 IN BOOK 370, PAGE 401 OF OFFICIAL RECORDS, RIVERSIDE
COUNTY RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 27,
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 27, 50 FEET WESTERLY
FROM THE NORTHWEST CORNER OF LOT 11 IN BLOCK 3 OF PALM CANYON MESA TRACT AS
SHOWN BY MAP ABOVE DESCRIBED; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN
THE NORTHWESTERLY LINE OF LOT 19 IN SAID BLOCK 3, 15 FEET SOUTHWESTERLY FROM THE
SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE NORTHEASTERLY ON THE
NORTHWESTERLY LINE OF SAID LOT 19, 15 FEET TO THE SOUTHWESTERLY CORNER OF SAID
LOT 11;
THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT 11 TO THE NORTHWESTERLY
CORNER OF SAID LOT;
THENCE WESTERLY ON THE NORTHERLY LINE OF SAID SECTION 27 TO THE POINT OF
BEGINNING.
This deed is subject to the following provision contained in that certain Grant Deed dated December 14,
1978 wherein Jess C. Burks, as Trustee, is the Grantor and the City of Palm Springs is the Grantee:
"This gift deed is hereby granted to the City of Palm Springs subject to said property being retained for
park or permanent open space purposes."
Dated By:
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On -, before me, , personally appeared
El personally known to me-or- ❑ proved to me on the basis of satisfactory evidence, to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the persons(s) acted, executed the instrument.
Witness my hand and official seal.
(This area for official notarial seal)
SIGNATURE OF NOTARY
MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
SELZER, EALY, HEMPHILL&BLASDEL, LLP
Paul T. Selzer
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$
Galway Trust _ Computed on the consideration or value of Property
23961 Craftsman Road conveyed, OR
Suite H _ Computed on the consideration or value less liens or
Calabasas, CA 91302 encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Palm Springs, a California Municipal Corporation
hereby GRANT(S) to
Galway Trust
the real property in the City of Palm Springs, County of Riverside, State of California, described as:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
This deed is subject to the following provision contained in that certain Deed to Restricted Indian
Land dated April 6, 1981 wherein Debra Sue Olinger is the Grantor and the City of Palm
Springs is the Grantee:
"In the event of any type of construction or development, this deed shall be null and void and
the estate hereby conveyed shall revert to and immediately revest in the grantor, her heirs and
assigns."
Dated By:
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On before me, personally appeared
personally known to me - or- ❑ proved to me on the basis of satisfactory evidence, to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument.
Witness my hand and official seal.
(This area for official notarial seal)
SIGNATURE OF NOTARY
MAIL TAX STATEMENTS AS DIRECTED ABOVE
ESCROW INSTRUCTIONS
/W\ TO: CHICAGO TITLE COMPANY, licensed by the California Department of Insurance
750 NORTH PALM CANYON DRIVE,PALM SPRINGS,CALIFORNIA 92262
(760)320-7512 Fax(760)327-5308
Escrow No. 27051873-F78 Escrow Officer DAWN MARTIN Date July24,2002
1. On or before the TIME LIMIT DATE of SEPTEMBER 30 2002
2.
3. RE: FIRST PROPERTY:CITY PROPERTY
4 ESCROW NO:27051873
5. PROPERTY ADDRESS:VACANT LAND
6
7. SECOND PROPERTY:GALWAY TRUST
6 ESCROW NO:27051951
9 PROPERTY ADDRESS VACANT LAND
to.
M
12 CITY OF PALM SPRINGS,A MUNICIPAL CORPORATION,first party,hereinafter referred to as CITY,will hand you a
13 Deed executed by CITY OF PALM SPRINGS,A MUNICIPAL CORPORATION,
14.
15 on the real property described(hereinafter referred to as FIRST PROPERTY)as:
16.
17. PARCELI:
is.
19. THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27,TOWNSHIP 4 SOUTH,RANGE 4 EAST,SAN
20. BERNARDINO BASE AND MERIDIAN,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF
21 CALIFORNIA.
22
23 EXCEPTING THEREFROM THAT PORTION IN PALM CANYON MESA TRACT AS SHOWN BY MAP ON FILE IN
24. BOOK 12,PAGES 52 THROUGH 56 INCLUSIVE OF MAPS,RIVERSIDE COUNTY RECORDS;
25.
26 ALSO EXCEPTING THEREFROM A CERTAIN PARCEL CONVEYED TO SECURITY-FIRST NATIONAL BANK OF LOS
27 ANGELES,A CORPORATION,TO WRIGHT LUDINGTON,A SINGLE MAN,BY DEED RECORDED APRIL 19. 1938 IN
25, BOOK 370,PAGE 401 OF OFFICIAL RECORDS,RIVERSIDE COUNTY RECORDS,DESCRIBED AS FOLLOWS.
29.
30 THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 27,BEGINNING AT A
31 POINT IN THE NORTHERLY LINE OF SAID SECTION 27,50 FEET WESTERLY FROM THE NORTHWEST CORNER
32 OF LOT it IN BLOCK 3 OF PALM CANYON MESA TRACT AS SHOWN BY MAP ABOVE DESCRIBED;
33 THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHWESTERLY LINE OF LOT 19IN SAID
34 BLOCK 3, 15 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF SAID LOT 11;
35. THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 19. 15 FEET TO THE
36 SOUTHWESTERLY CORNER OF SAID LOT 11;
37 THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT 11 TO THE NORTHWESTERLY CORNER OF SAID
36 LOT;
39 THENCE WESTERLY ON THE NORTHERLY LINE OF SAID SECTION 27 TO THE POINT OF BEGINNING.
40,
41 PARCEL2.
42,
43 THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22,TOWNSHIP 4 SOUTH,RANGE 4
44. EAST,SAN BERNARDINO MERIDIAN,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF
45. CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
46
47 which you will deliver when you can issue your current form of OWNERS policy of title insurance on said FIRST
46 properly,with liability in the amount or$100,000 00 showing title vested ur CLIFTON G.LAMB,JR.,AS TRUSTEE OF
49. THE GALWAY TRUST U/A/D/7-27-92.
50.
51. SUBJECTTO:
52
53 1, Real Property General and special taxes for the fiscal years 20D2/2003,and subsequent years,including
54 reassessments if any and including any special district levies or personal property taxes,payment for which are
55 Included therein and collected therewith and improvement bond assessments,when applicable.
56
57. 2. The Lien of Supplemental Taxes,if any,assessed pursuant to the provisions of Chapter 3.5(commencing with
58 S Qn 75)of the Revenue and Taxation Code of the State of California.
59
60 3. Covenants,conditions,restrictions,rights of way,easements and reservations of record.
61.
fit.
63
64.
65,
66 Prodding you obtain for(First Party)a deed to the property described(hereinafter referred to as SECOND
67,
EEu-m/se/.bn (Page 1)
ESCROW INSTRUCTIONS (Continued)
TO: CHICAGO TITLE COMPANY Es.row No. 27051e73-F78
Data July 24,2002
1. PROPRTY)as.
2.
3. THAT PORTION OFTHE WEST 1/2 AND THAT PORTION OFTHE WEST I/2 OFTHE EAST 1/2 OF SECTION 22,
4. TOWNSHIP 3 SOUTH RANGE 3 EAST,SAN BERNARDINO MERIDIAN,IN THE CITY OF PALM SPRINGS,
5. COUNTYOF RIVERSIDE,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF,MORE
6 PARTICULARLY DESCRIBED AS FOLLOWS
7.
a BEGINNING ATTHE NORTH QUARTER CORNER OF SAID SECTION 22;
9. THE EAST ALONG SAID SECTION LINE,A DISTANCE OF 1250 FEET;
10 THENCE SOUTH,A DISTANCE OF 1170 FEET;
11. THENCE WEST,A DISTANCE OF 2500 FEET;
12 THENCE NORTH,A DISTANCE OF 1170 FEET TO THE NORTH LINE OF SAID SECTION;
13 THENCE EAST,A DISTANCE OF 1250 FEET TO HTE TRUE POINT OF BEGINNING.
14
15 and when you can issue your current form of OWNERS policy of title insurance on said SECOND property with
16. liability in the amount of$100,000.00 showing title vested in: CITY OF PALM SPRINGS,A MUNICIPAL
17, CORPORATION
is.
19. SUBJECTTO:
20
21, 1. Real Property General and special taxes for the fiscal year 2002/2003,and subsequent years,Including
22. reassessments if any and including any special district levies or personal property taxes,payment for which are
23. included therein and collected therewith and improvement bond assessments,when applicable.
24
25 2 The Lien of Supplemental Taxes,if any,assessed pursuant to the provisions of Chapter 3.5(commencing with
26 Section 75)of the Revenue and Taxation Code of the State of California.
27
25. 3 Covenants,conditions,restrictions,rights of way,easomanls and resorvallons of record.
29,
30. Second Parties herein,will hand you a Deed to said (Second Property)to(First Party)executed by(Second Party)
31,
32. which you will deliver when you obtain for(Second Party)a deed to said(First Property)and when you can issue
33 your title Insurance policy as provided for herein.
34.
35. AS TO FIRST PROPERTY ONLY:
36,
37. PRORATE OR ADJUST THE FOLLOWING ITEMS AS INDICATED TO CLOSE OF ESCROW:
36.
39 Real property taxes based on latest available tax statement without regard to any reassessments orsubsequent
40 changes
41,
42
43
44
45. AS TO SECOND PROPERTY ONLY:
46.
47. PRORATE OR ADJUST THE FOLLOWING ITEMS AS INDICATED TO CLOSE OF ESCROW:
4s,
49. Real Property Taxes based on latest available tax statement without regard to any reassessments or subsequent
50 changes
51.
52. +x+x+++++++++++<++++++x+
53,
54
55 IT HAS BEEN AGREED UPON BETWEEN PARTIES HERETO THATTHE EXCHANGE EQUITIES ARE COMPUTED
56. AS FOLLOWS:
57.
56. FIRST PROPERTY SECOND PROPERTY
59.
60. EXCHANGE VALUE/EQUITY
61,
fit.
63. $100,000.00 $100,000.00
64
65, TOTAL
66.
67
eEuc.ov/cx/esex (Page 2)
ESCROW INSTRUCTIONS (Continued)
TO: CHICAGO TITLE COMPANY Escrow No. 27051873-F76
Date July 24,2002
1.
2 This escrow is contingent upon the concurrent closing of your Escrow No.27050951.
3.
4
e. IT IS ACKNOWLEDGED BY THE UNDERSIGNED THAT THEY HAVE BEEN ADVISED BY CHICAGO TITLE
6 COMPANY TO SEEK COUNSEL OF THEIR OWN TAX ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR
7. THE DETERMINATION OF ANY TAX CONSEQUENCES OF THIS EXCHANGE. FURTHER,IT IS ACKNOWLEDGED
a THAT CHICAGO TITLE COMPANY IS ACTING SOLELY IN THE CAPACITY AS ESCROW HOLDER AND ISSUING
9 CHICAGO TITLE INSURANCE COMPANY'S POLICIES OF TITLE INSURANCE;THEREFORE THE UNDERSIGNED
to FULLY INDEMNIFY AND HOLD CHICAGO TITLE COMPANY HARMLESS FROM ANY LOSS OR DAMAGE WHICH
11 SAID PARTIES MAY SUSTAIN IN THE EVENT THIS TRANSACTION FAILS TO QUALIFY FOR ANY SPECIAL TAX
12 TREATMENT.
13.
14 ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE DOES NOT PROVIDE LEGAL ADVISE,
15 NOR HAS IT MADE ANY INVESTIGATION,REPRESENTATION,OR ASSURANCES WHATSOEVER REGARDING
16 THE COMPLIANCE OF THIS TRANSACTION WITH ANY TAX,SECURITIES,OR OTHER LAWS OF THE UNITED
17. STATES OR THE STATE IN WHICH THE TRANSACTION IS CONSUMMATED.
to
19. ESCROW RECOMMENDS THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO TAX,
20. SECURITIES,OR OTHER LEGAL ASPECTS OF THIS TRANSACTION
21,
22
23.
24.
25. Second Party agrees to pay:ALL COSTS IN CONNECTION WITH THIS TRANSACTION.
26.
27.
28
29
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44,
45
46,
47.
4B
49,
50.
51.
52
53.
54
55.
56.
57.
56
a
59.
60,
61,
62
63.
64
65
66.
67.
e01c..07/02/96bk (Page 3)
GENERAL PROVISIONS
TO: CHICAGO TITLE COMPANY Escrow No. 27051873 - P78
Data July 24, 2002
1. Time Is of the essence of these Instructions.If this escrow Is not In a condition to close by Ilia TIME LIMIT GATE as provided for herein and
written demand for cancellation is received by you from any principal to this escrow after said date,you shall act In accordance with paragraph
7 of the General Provisions If no conflicting Instruction or demand for cancellation is made,you will proceed to close[his escrow when the
principals have complied with the escrow instructions. In the event one or more of Ilia General Provisions are held to be invalid, those
remaining will continue to be operative.Any amendments of or supplements to any instructions affecting escrow must be in writing You are
authorized to order demands for,and pay at the close of escrow any encumbrances of record necessary to place title in If.condition called
for without further authorization.You are further authorized,prior to the close of escrow,to pay Irani funds on deposit any lees necessary to
obtain any demand and/or report as may be required in this escrow and at Ilia close of escrow charge the parties as appropriate The
principals will hand you any funds and instruments required from each respectively to complete this escrow.Interest on any new financing
may begin to accrue on the date loan funds/proceeds are disbursed by Ilia new lender,and borrower agrees to pay same in accordance with
lender's instructions
2. You are instructed to deliver and/or record all documents and disburse all funds when you can comply with these instructions and Issue any
tithe Insurance policy as called for herein These instructions, together with any amendments and/or supplements,may be executed in
counterparts and together shall constitute one and the same document.If these instructions relate to a sale,and II there Is no other written
agreement between the parties pertaining thereto,buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof.Al
rfacuments,balances and statements due the undersigned are to he mailed to the respective addresses shown herein,unless otherwise
directed In the event that any party to this escrow utilizes facsimile transmitted signed documents,all parties hereby agree to accept and
hereby Insiruot the escrow holder I.rely upon earl,documents as It they bore original signatures Buyer and seller further acknowledge that
any documents to be recorded bearing non original(facsimile)signatures will not be accepted for recording by the oounly recorder,
3 The phrase'.lose of escrovi(or COE)as used In this escrow means the date on which documents are recorded,unless otherwise specified.
4. Assume a 30 day month in any proration herein provided,and unless otherwise instructed,you are to use Ilia information contained in the
latest available tax statement, including any supplemental taxes of record, rental statement as provided by seller and beneficiary's or
association statements delivered Into escrow far proration purposes.
5. Upon close of escrow you are Instructed to charge our respective accounts the costs attributable to each,Including but not limited to costs as
provided for herein and/or in accordance win our respective estimated statements attached hereto and made a part hereof
6. Recordation of any Instruments defivered through file escrow,if necessary or proper for the Issuance of the policy of title insurance called far,
is authorized No examination or Insurance as to the amount or payment of personal property taxes is required unless specifically requested.
7. If demand to cancel is submitted alter file Time Limit Date,any principal so requesting you to cancel this escrow shall file notice of demand to
cancel In your office in writing.You shall within three(3)working days thereafter mail by certified mall one copy of such notice to each of the
ether principals at the address slated In this escrow Unless written objection thereto Is filed in your office by a principal within fifteen (15)
calendar days after the date of such mailing,you are instructed to cancel this escrow.If this Is a sale escrow,you may return Ilia lender's
papers and/or funds upon lender's demand.
6. In the event That this escrow Is canceled,any ices or charges due Chicago Title Conpany Including cancellation luoc and cuy uspunditums
incurred or authorized shalt be paid Irani funds on deposit unless otherwise specifically agreed to or determined by a court at competent
jurisdiction.Upon payment thereof,return documents and monies to the respective parties depositing same,or as ordered by the court,and
void any executed Instruments.
9 If there Is no.,,Iran activity by is principal to this escrow within any six month period after the Time Limit Dal.sal truth hsiea,Chicago Title
Company may,at its option,terminate its agency obligation and forest this escrow,returning all documents,monies or other items held,to
the respective parties enilled thereto,less any fees and charges as provided herein.
10, Ik for any reason,funds are retained or remain in escrow alter the closing date,you may deduct therefrom a reasonable charge as custodmn,
of not less than$25 00 per month,unless otherwise specified
11. In the event that you should receive or become aware of conflicting demands or claims with respect to Ihis escrow,or the rights of any of the
parties hereto,of any money or property deposited herein,you shall have the absolute right at your option to discontinue any or all further acts
until such conflict is resolved to your satisfaction.
Q. In the event that any Oiler to Purchase,Deposit Receipt,or any other Term of Purchase Agreement is deposited In this escrow,you,as escrow
holder,are not to be concerned with the terms of such document and are relieved of all responsibility In connection tinini lh The lae9oin9 fs
not applicable in any transaction in which Chicago Title has specifically agreed to accept an Oiler to Purchase,Deposit Receipt at other form
of Purchase Agreement as escrow instructions In any event,you are not to be concerned or liable for items designated as"memoranda'in
these escrow instructions nor with any other agreement or contract between the parties.
13. The parties hereto,by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for
the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow.
14 In the absence of instructions to the contrary,you are hereby authorized to utilize wire services,overnight,next day,or other expedited
delivery services(as opposed to the regular U S Mail)and to charge the respective parry's account accordingly,
15 Concerning any real property involved In this transaction,you are released from and shall have no liability,obligation or responsibility,with
respect to(a)withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1985 as amended,and to Sections 18652 and
18668 of the California Revenue and Taxation Code, (b)advising the parties as to tire requirements of said Section 1445,(c)determining
whether the transferor is a foreign person or a non-resident under such Section,nor(d)obtaining a non foreign affidavit or chief exemption
from withholding under said Sections nor otherwise making any Inquiry concerning compliance with such Sections by any party to the
transaction.
16. If you pay a demand to pay in full a revolving line of credit er equilyline lean,you are hereby instructed on my behalf and Ier my benefit,to
request that the lender issuing said demand cancel said revolving line or equityline of credit,
17. Jru are oulhorizetl to furnish to any aI1fllale of Chicago Title Company,any attorney,broker or lender Identified with this transaction or any
one acting on behalf of such lender any Information,Instructions,amendments,statements,er notices of cancellation given in connection with
this escrow.It any check submitted to escrow Is dishonored when presented for payment,you are authorized to notify all principals and;or
their respective agents of such non payment.
19. All notices,change of instructions,communications and documents are to be delivered in writing to the office of Chicago Title Company,as
set lord,herein.
coup,90/R1/.e L, (Continued)
GENERAL PROVISIONS
(Continued)
TO: CHICAGO TITLE COMPANY Escrow No. 27051873 - F78
Dale July 24, 2002
19. All funds received In this escrow shall be deposited with other escrow funds In one or more non-Interest bearing demand accounts of Chicago
Title Company In any state or federal bank or any state or federal savings and loan association("the depository instaurons")and may be
transferred to any other such accounts.The parties to this escrow acknowledge that while these accounts do not bear interest,because of
these and that banking relationships with depository Institutions,Chicago Title Company and its affiliates may receive from same of the
depository Institutions an array of banking services,accommodations or other benefits,Chicago Title Company and Its affiliates also may
elect to enter into other business transactions with or obtain loans for investment or other purposes from some of the depository institutions.
All such services,accommodations and other benefits shall accrue,directly or Indirectly,to Chicago Title Company and its affiliates and they
shall have no obligation to account to the parties to this escrow for the value of such services, accommodations or other benefits.Al
disbursements shall be made by Chicago Title Company check,unless otherwise instructed.
Chicago Title Company shall not be responsible for any delay In closing If funds received by the escrow are net available for Immediate
withdrawal.Chicago Title Company may,at Its option,require concurrent Instructions from all principals prior to releoso of any funds an
deposit In this escrow.
20. You are authorized to destroy or otherwise dispose of any and all documents,papers,Instructions, correspondence and other material
pertaining to this escrow at the expiration of six(6)years from the close of escrow or cancellation thereof,without liability and without further
notice,
IMPORTANT NOTICE
Except for who transfers,funds remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California
Insurance Code. CASHIERS, CERTIFIED or TELLERS checks, payable to CHICAGO TITLE COMPANY are generally available for
disbursement on the next business day following Iho dale of deposit
Other farms of payment may cause extended delays In the closing of your transaction pursuant to the requirements imposed by Slate Law.
(Wire transfer information available upon request)
ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE
LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES
WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY
TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES
OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS.
THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE
UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED.
CITY OF PALM SPRINGS, A MUNICIPAL
CORPORATION
BY:
CLIFTON G. LAMB., AS TRUSTEE OF THC GAL4IAY
TRUST U/A/D/ 7-27-92.
All,
Current Address: Current Address:
Telephone. Telephone:
eEIGP -le/e2asi-11.
®R CHICAGO TITLE COMPANY
Date: September 27, 2002
DAWN M. MARTIN
CHICAGO TITLE/PALM SPRINGS
750 NORTH PALM CANYON DRIVE
PALM SPRINGS, CALIFORNIA 92262
Order No.: 27051951 - E75
Property: VACANT LAND, CALIFORNIA
RE:
In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith
our Preliminary Report for your review.
Should you have any questions in connection with this or any other matter concerning the
above referenced order, please do not hesitate to contact our office.
Thank you for choosing Chicago Title Company.
Title Department: O Escrow Department:
CHICAGO TITLE COMPANY CHICAGO TITLE COMPANY
560 E. HOSPITALITY LANE 750 NORTH PALM CANYON DRIVE
SAN BERNARDINO, CA 92408 PALM SPRINGS, CALIFORNIA 92262
(909)384-7955 tax: (909)384-7950 (760) 320-7512 fax: (760) 327-5388
MARGARET FLOWERS DAWN M. MARTIN
TITLE OFFICER ESCROW OFFICER
PRELTR-09/16/97bk
CHICAGO TITLE [INSURANCE COMPANY
Fidelitv National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that
we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from
time to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others;
*From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers.We may also disclose your Personal Information:
*to agents, brokers or representatives to provide you with services you have requested;
*to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf;and
*to others with whom we enter into joint marketing agreements for products or services that we
believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information
when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our
rights arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more than one privacy notice from
us.We apologize for any inconvenience this may cause you.
PAIVACYT--05/29/01bk
(_) CHICAGO TITLE COMPANY
1� PRELIMINARY REPORT
FIRST AMENDED Dated as of: September 17, 2002 at 7:30 AM
Order No : 27051951 -E75
Regarding: VACANT LAND, CALIFORNIA
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception in Schedule B 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 are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered. It is
important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: westerndivision.ctt.com
Title Department: O Escrow Department:
CHICAGO TITLE COMPANY CHICAGO TITLE COMPANY
560 E. HOSPITALITY LANE 750 NORTH PALM CANYON DRIVE
SAN BERNARDINO, CA 92408 PALM SPRINGS, CALIFORNIA 92262
(909)384-7955 fax: (909)384-7950 (760) 320-7512 fax: (760) 327-5388
Escrow No.: 027051951
MARGARET FLOWERS DAWN M. MARTIN
TITLE OFFICER ESCROW OFFICER
PFP-09/05/99bk
SCHEDULE A
Order No: 27051951 E75 Your Ref:
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
CLIFTON G. LAMB, JR. , AS TRUSTEE OF THE GALWAY TRUST U/A/D 7-27-92
3. The land referred to in this report is situated in the State of California, County of RIVERSIDE
and is described as follows:
THAT PORTION OF THE WEST 1/2 AND THAT PORTION OF THE WEST 1/2 OF THE EAST 1/2
OF SECTION 22, TOWNSHIP 3 SOUTH RANGE 3 EAST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 22;
THE EAST ALONG SAID SECTION LINE, A DISTANCE OF 1250 FEET;
THENCE SOUTH, A DISTANCE OF 1170 FEET;
THENCE WEST, A DISTANCE OF 2500 FEET;
THENCE NORTH, A DISTANCE OF 1170 FEET TO THE NORTH LINE OF SAID SECTION;
THENCE EAST, A DISTANCE OF 1250 FEET TO THE TRUE POINT OF BEGINNING.
PFEA-10/31/97bk
SCHEDULE B
Page 1
Order No: 27051951 E75 Your Ref:
At the dale hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN NOT YET DUE.
C 2. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION
PURPOSES THE AMOUNTS ARE:
FISCAL YEAR: 2001-2002
1ST INSTALLMENT: $2,491.63
2ND INSTALLMENT: $2,491.63
EXEMPTION: $NONE
CODE AREA: 011007
ASSESSMENT NO: 522-100-015-8
e 3 . THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3 .5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
D 4. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE
PUBLIC RECORDS.
e 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: PALM SPRINGS WATER COMPANY, A CALIFORNIA
CORPORATION
PURPOSE: RIGHTS OF WAY AND EASEMENTS OVER, UNDER AND ACROSS
THE PROPERTY
RECORDED: AUGUST 14, 1953 IN BOOK 1500, PAGE 310, OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
AFFECTS: CANNOT BE LOCATED FROM THE RECORDS
i 6 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: LAS ROCAS DE DIOS, A CALIFORNIA LIMITED PARTNERSHIP
PURPOSE: INGRESS, EGRESS AND PUBLIC UTILITIES
RECORDED: JUNE 29, 1993 AS INSTRUMENT NO. 24561B, OFFICIAL
RECORDS
AFFECTS : CANNOT BE LOCATED FROM THE RECORDS
PRE9-10/31/97bk
SCHEDULE B
Page 2 (continued)
Order No: 27051951 E75 Your Ref:
Y 7. THE FACT THAT THE PUBLIC RECORD DOES NOT DISCLOSE THAT THE OWNERSHIP OF
SAID LAND INCLUDES RIGHTS OF ACCESS TO OR FROM ANY PUBLIC STREET.
NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT
INSURE AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF ACCESS TO
AND FROM THE LAND.
a END OF SCHEDULE B
s NOTE NO. 1: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE
INSURANCE RATE.
T NOTE NO. 2 : IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION
WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS
FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD
PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE
BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF
FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT
THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE
TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY
APPROVAL) , THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE
PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID
EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION.
WIRE TRANSFERS
THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE
TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY.
CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE-OUT) ONLY COLLECTED FUNDS OR
FUNDS RECEIVED BY CONFIRMED WIRE (WIRE-IN) . THE FEE FOR EACH WIRE-OUT IS
$25.00. THE COMPANY'S WIRE-IN INSTRUCTIONS ARE:
WIRE-IN INSTRUCTIONS FOR UNION BANK:
BANK: UNION BANK OF CALIFORNIA
1980 SATURN STREET
MONTEREY PARK, CA 91755
BANK ABA: 122000496
ACCOUNT NAME: CHICAGO TITLE COMPANY
INLAND METRO MARKET CENTER
ACCOUNT NO. : 9120052826
PRELIMSC-9/23/93bk
SCHEDULE S
Page 3 (continued)
Order No: 27051951 E75 Your Ref:
FOR CREDIT TO: CHICAGO TITLE COMPANY
560 EAST HOSPITALITY LANE
SAN BERNARDINO, CA 92408
FURTHER CREDIT TO: ORDER NO. : 027051951
u MF/JK/NG
PRELIM EC-9/23/93bk
CHICAGO TITLE IINSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that
we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from
time to time consistent with applicable privacy laws.
In the course of our business,we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others;
* From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers.We may also disclose your Personal Information:
*to agents, brokers or representatives to provide you with services you have requested;
*to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf' and
*to others with whom we enter into joint marketing agreements for products or services that we
believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information
when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our
rights arising out of any agreement,transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more than one privacy notice from
us.We apologize for any inconvenience this may cause you.
PRIVACW--06/29/Olbk
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DOM.'&U..Pbls z/z9/Ies6az/3I97 23 pal is for your aid in locating your land with reference
VS 19/3 to streets and other parcels. It is not a survey. While this
Cc s,1 M3p 603-0 plat is believed to be correct. the Company assumes no
39E.Mop 972-33-28 liability for any loss occurring by reason of reliance thereon.'
CHICAGO TITLE INSURANCE COMPANY ASSESS MAP BH 22 PG l0
✓UNE 1969
RIY£RSIOE COUNTY, CALIF. 'n
O
a (\
N
Attached to Order No. 027051951
CLTA PRELIMINARY REPORT FORM
Exhibit A (Revised 01/04/02)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating (1) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (it) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
there of or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the
exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens. encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or
agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured had paid value for the
insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the
applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
5. Any claim which arises out of the transaction vesting in the insured the estate of interest insured by this
policy or the transaction creating the interest of the insured lender, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors' rights laws.
CLTASCP1--03/20/02AA
Attached to Order No. 027051951
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
(Continued)
EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART 1
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests. or claims which are not shown by the public records but which could be
ascertained by an inspection of the land which or which may be asserted by persons in thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
CLTASCP2--03/20/02 AA
Attached to Order No. 027051951
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/96)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
t Governmental police power, and the existence or violation of any law or government regulation. This
includes ordinances, laws and regulations concerning
a. building
b. zoning
c. Land use
d. improvements on the Land
e, Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or
enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable
building codes. This Exclusion does not apply to violations of building codes if notice of the violation
appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless
a. notice of exercising the right appears in the public records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the land
without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public
Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public
Records at the Policy Date:
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered
Risk 7,84 22,23,24 or 25.
5. Failure to pay value for YOUR Title.
s. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule
A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
CLTAHOP--03/20/02 A
• Attached to Order No. 027051951
AMERICAN LAND TITLE ASSOCIATI 0 N RES[DENTIAL TITLE INSURANCE POLICY(6-1-87)
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 governmental regulation
This includes building and zoning ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 d Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happens prior to the Policy Date and is binding on you if you bought the land without
knowing of the taking
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 appear in the public
records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien
coverage in item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
ALTARTIP--03/20/02 AA
Attached to Order No. 027051951
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and
zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was part; or (iv)
environmental protection, or the effect of any violation of thes laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded.in the public records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Data of Policy, but known to
the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures
the priority of the lien of the insured mortgage over any statutory lien for services, 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); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with applicable
doing business laws of the state in which the land b situated
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth in lending law.
ALTALPE1- 03/20/02AA
Attached to Order No.027051951
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
(CONTINUED)
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services,
labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the
land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or
in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is
baaed on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the doctrine of
(iii)
equitable subordination; or
the transaction creating the interest of the insured mortgagee being deemed a preferential
transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor.
The above policy forms 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 General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices, of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens, or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
ALTALPE2--03/20/02 AA
Attached to Order No. 027051951
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage. costs, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements
now or hereafter erected on the Land ; (iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of which the Land is or was a part; or
(I)environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the Land has been recorded in the Public Records at Date of Policy. This excl,sion does not
limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.
This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of
this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encubrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known
to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does limit the coverage
provided under Covered Risks 8, 16, 18, 19, 20, 21, 22,23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had
paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable
doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered
Risk 27, or any consumer credit protection or truth in lending law.
ALTAERL1--03/20/02M
Attached to Order No.027051951
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
(Continued)
6. Real property taxes or assessments of any governmental authority which become a lien on the Land
subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,
8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances
or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer
the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage
provided in Covered Risk 8.
S. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,
and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the
existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) the time a modification is made to the terms of the Insured Mortgage which changes the
rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification. This exclusion does not limit the
coverage provided in Covered Risk B.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after
Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of
building codes if notice of the violation appears in the Public Records at Date of Policy.
ALTAERL --03/20/02 AA
Attached to Order No.027051951
AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning
laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the land; (H) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged affecting the land has been recorded in the pubic records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent notice of the
exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public
records at Date of Policy, but not excluding from coverage any taking which has occurred prior to
Date of Policy which would be biding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Data of Policy; or
(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.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by
this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws,that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a
fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a
preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
ALTAOPL1 --03/20/02M
Attached to Order No.027051951
AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
(Continued)
The above policy forms 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 General Instructions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings,whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which
a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b) or(c) are shown by the public records.
ALTAOPL2--03/20/02 AA
OCHICAGO TITLE COMPANY
`' PRELIMINARY REPORT
FIRST AMENDED Dated as of: August 29,2002 at 7:30 AM
Order No.: 27051873-E75
Regarding: VACANT LAND, CALIFORNIA
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception in Schedule B 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 are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered. It is
important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web:westerndivision.ctt.com
Title Department: O Escrow Department:
CHICAGO TITLE COMPANY CHICAGO TITLE COMPANY
560 E. HOSPITALITY LANE 750 NORTH PALM CANYON DRIVE
SAN BERNARDINO, CA 92408 PALM SPRINGS, CALIFORNIA 92262
(909)384-7955 fax: (909)384-7950 (760)320-7512 fax: (760) 327-5388
Escrow No.: 027051873
MARGARET FLOWERS DAWN M. MARTIN
TITLE OFFICER ESCROW OFFICER
PFP--98/95/99bk
SCHEDULE A
Order No: 27051873 E75 - Your Ref:
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION,
3. The land referred to in this report is situated in the State of California, County of RIVERSIDE
and is described as follows:
SEE ATTACHED DESCRIPTION
PFFA-10/31/97bk
Page 1 DESCRIPTION
Order No. 27051873
_ .
PARCEL 1 :
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4
EAST, SAN BERNARDINO BASE AN➢ MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION IN PALM CANYON MESA TRACT AS SHOWN BY MAP ON
FILE IN BOOK 12, PAGES 52 THROUGH 56 INCLUSIVE OF MAPS, RIVERSIDE COUNTY
RECORDS;
ALSO EXCEPTING THEREFROM A CERTAIN PARCEL CONVEYED TO SECURITY-FIRST NATIONAL
BANK OF LOS ANGELES, A CORPORATION, TO WRIGHT LUDINGTON, A SINGLE MAN, BY DEED
RECORDED APRIL 19, 1938 IN BOOK 370, PAGE 401 OF OFFICIAL RECORDS, RIVERSIDE
COUNTY RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 27,
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 27, 50 FEET WESTERLY
FROM THE NORTHWEST CORNER OF LOT 11 IN BLOCK 3 OF PALM CANYON MESA TRACT AS
SHOWN BY MAP ABOVE DESCRIBED;
THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHWESTERLY LINE OF LOT
19 IN SAID BLOCK 3, 15 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF SAID
LOT 11;
THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 19, 15 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 11;
THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT 11 TO THE NORTHWESTERLY CORNER
OF SAID LOT;
THENCE WESTERLY ON THE NORTHERLY LINE OF SAID SECTION 27 TO THE POINT OF
BEGINNING.
PARCEL 2:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
SCHEDULE B
Page 1
Order No: 27051873 E75 Your Ref:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN NOT YET DUE.
B 2 . SAID LAND IS OWNED BY A GOVERNMENTAL AGENCY AND IS SHOWN AS EXEMPT ON THE
COUNTY TAX ROLL FOR THE FISCAL YEAR 2001-2002.
c 3 . THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3 .5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
n 4 . ANY UNPAID TAXES OR ASSESSMENTS LEVIED AGAINST SAID LAND BY THE COACHELLA
VALLEY WATER DISTRICT. INQUIRY HAS BEEN MADE OF SAID DISTRICT, THE
RESULTS OF WHICH WILL FOLLOW IN THE FORM OF A SUPPLEMENTAL REPORT.
s 5 . WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE
PUBLIC RECORDS.
F 6. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED
LAND LYING WITHIN ANY PUBLIC ROADS.
c 7. THE FACT THAT THE PUBLIC RECORD DOES NOT DISCLOSE THAT THE OWNERSHIP OF
SAID LAND INCLUDES RIGHTS OF ACCESS TO OR FROM ANY PUBLIC STREET.
NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT
INSURE AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF ACCESS TO
AND FROM THE LAND.
s 8 . COVENANTS, CONDITIONS AND RESTRICTIONS, BUT "OMITTING ANY COVENANT OR
RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL
STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT
(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR
(B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED
PERSONS. "
RECORDED: SULY 15, 1981 AS INSTRUMENT NO. 133629, OFFICIAL
RECORDS
x NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF
THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR
ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS
AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE
PFEB-10/31/97bk
SCHEDULE B
Page 2 (continued)
Order No: 27051873 E75 Your Ref:
GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE
AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT
BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.
L AMONG OTHER THINGS, SAID DOCUMENT PROVIDES:
THAT THE LANDS HEREBY CONVEYED SHALL BE AND REMAIN OPEN SPACE. IN THE
EVENT OF ANY TYPE OF CONSTRUCTION OR DEVELOPMENT THIS DEED SHALL BE NULL
AND VOID, AND THE ESTATE HEREBY CONVEYED SHALL REVERT TO AND IMMEDIATELY
REVEST IN THE GRANTOR, HER HEIRS AND ASSIGNS.
AFFECTS: PARCEL 2
x 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: THE CITY OF PALM SPRINGS
PURPOSE: PUBLIC UTILITY
RECORDED: APRIL 30, 1982 AS INSTRUMENT NO. 74471, OFFICIAL
RECORDS
AFFECTS: A PORTION OF SAID LAND
o REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
AFFECTS: PARCEL 2
R END OF SCHEDULE B
U NOTE NO. 1: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE
INSURANCE RATE.
v NOTE NO. 2 : IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION
WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS
FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD
PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE
BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF
FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT
THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE
TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY
APPROVAL) , THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE
PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID
EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION.
WIRE TRANSFERS
THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE
TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY.
PRELIMBC-9/23/93bk
SCHEDULE B
Page 3 (continued)
Order No: 27051873 E75 Your Ref:
CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE-OUT) ONLY COLLECTED FUNDS OR
FUNDS RECEIVED BY CONFIRMED WIRE (WIRE-IN) . THE FEE FOR EACH WIRE-OUT IS
$25.00. THE COMPANY'S WIRE-IN INSTRUCTIONS ARE:
WIRE-IN INSTRUCTIONS FOR UNION BANK:
BANK: UNION BANK OF CALIFORNIA
1980 SATURN STREET
MONTEREY PARK, CA 91755
BANK ABA: 122000496
ACCOUNT NAME: CHICAGO TITLE COMPANY
INLAND METRO MARKET CENTER
ACCOUNT NO. : 9120052826
FOR CREDIT TO: CHICAGO TITLE COMPANY
560 EAST HOSPITALITY LANE
SAN BERNARDINO, CA 92408
FURTHER CREDIT TO: ORDER NO. : 027051873
MF/NG/TR
PRELIMBC-9/23/23bk
CHICAGO TITLE IINSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacy Statement
July 1,2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that
we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from
time to time consistent with applicable privacy laws.
In the course of our business,we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others;
* From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers.We may also disclose your Personal Information:
*to agents, brokers or representatives to provide you with services you have requested;
*to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
*to others with whom we enter into joint marketing agreements for products or services that we
believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information
when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our
rights arising out of any agreement,transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more than one privacy notice from
us.We apologize for any inconvenience this may cause you.
FRIVACYT--06/29/O1bk
Attached to Order No. 0 2 7 0 518 7 3
CLTA PRELIMINARY REPORT FORM
Exhibit A(Revised 01/04/02)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
there of or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the
exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens. encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or
agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured had paid value for the
insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the
applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
5. Any claim which arises out of the transaction vesting in the insured the estate of interest insured by this
policy or the transaction creating the interest of the insured lender, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors' rights laws.
CLTASCP1--02/20/02AA
Attached to Order No. 027051873
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
(Continued)
EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART 1
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests. or claims which are not shown by the public records but which could be
ascertained by an inspection of the land which or which may be asserted by persons in thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose,and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
cLTAscP2--03/20/02 AA
Attached to Order No. 027051873
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/96)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This
includes ordinances, laws and regulations concerning
a. building
b. zoning
C. Land use
d. improvements on the Land
e. Land division
t. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or
enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable
building codes. This Exclusion does not apply to violations of building codes if notice of the violation
appears in the Public Records at the Policy Date.
s. The right to take the Land by condemning it, unless
a. notice of exercising the right appears in the public records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the land
without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public
Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public
Records at the Policy Date:
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered
Risk 7,8.d, 22,23,24 or 25.
5. Failure to pay value for YOUR Title.
5. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule
A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
CLTAHOP--03/20/02AA
Attached to Order No. 027051873
AMERICAN LAND TITLE ASSOCIATION R ES I D ENTI AL TITLE INSURANCE POLICY(6-1-87)
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 governmental regulation.
This includes building and zoning ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 d Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happens prior to the Policy Date and is binding on you if you bought the land without
knowing of the taking
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 appear in the public
records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien
coverage in item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
ALTARTIP-03/20/02 AA
Attached to Order No. 0 2 7 0 518 7 3
AMERI CAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and
zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (1) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (ill) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was part; or (iv)
environmental protection, or the effect of any violation of thes laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Data of Policy, but known to
the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures
the priority of the lien of the insured mortgage over any statutory lien for services, 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); or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with applicable
doing business laws of the state in which the land b situated
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth in lending law.
ALTALPEI--03/20/02 A
Attached to Order No.027051873
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
(CONTINUED)
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services,
labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the
land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or
in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is
baaed on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the doctrine of
(ill)
equitable subordination; or
the transaction creating the interest of the insured mortgagee being deemed a preferential
transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor.
The above policy forms 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 General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices, of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens, or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
ALTALPE2--03/20/02AA
Attached to Order No. 027051873
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10113/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage. costs, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy,
use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements
now or hereafter erected on the Land ; (ill) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of which the Land is or was a part; or
(ii)environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the Land has been recorded in the Public Records at Date of Policy. This excl,sion does not
limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.
This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of
this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encubrances,adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known
to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does limit the coverage
provided under Covered Risks 8, 16, 18, 19, 20, 21, 22 ,23, 24, 25 and 26); or
(a) resulting in loss or damage which would not have been sustained if the Insured Claimant had
paid value for the Insured Mortgage,
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable
doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered
Risk 27, or any consumer credit protection or truth in lending law.
ALTAERL1-D3/20/02 AA
Attached to Order No.02 7 0 s 18 73
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01)
(Continued)
6. Real property taxes or assessments of any governmental authority which become a lien on the Land
subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,
8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances
or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer
the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage
provided in Covered Risk B.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,
and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the
existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) the time a modification is made to the terms of the Insured Mortgage which changes the
rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification. This exclusion does not limit the
coverage provided in Covered Risk B.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after
Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of
building codes if notice of the violation appears in the Public Records at Date of Policy.
ALTAMM--03/20/02 AA
Attached to Order No. 027051873
AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning
laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (1) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged affecting the land has been recorded in the pubic records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent notice of the
exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public
records at Date of Policy, but not excluding from coverage any taking which has occurred prior to
Date of Policy which would be biding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Data of Policy; or
(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.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by
this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws,that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a
fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a
preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
ALTAOPLI --03/20/02AA
Attached to Order No.027051673
AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92)
(Continued)
The above policy forms 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 General Instructions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings,whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which
a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b) or(c) are shown by the public records.
ALTAOPL2-03/20/02 AA
29-63
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C't `.�-`i'I-i it P5l iiS.'+:rl.�i ce-INjoAl.l.Y -
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
SELZER, EALY, HEMPHILL&BLASDEL, LLP
Paul T. Selzer
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX S
Galway Trust Computed on the consideration or value of Property
23961 Craftsman Road conveyed, OR
Suite H Computed on the consideration or value less liens or
Calabasas, CA 91302 encumbrances remainine at time of sale.
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Palm Springs, a California Municipal Corporation
hereby GRANT(S) to
Galway Trust
the real property in the City of Palm Springs, County of Riverside, State of California, described as:
THE NORTH th OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4
EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA,
EXCEPTING THEREFROM THAT PORTION IN PALM CANYON MESA TRACT AS SHOWN BY
MAP ON FILE IN BOOK 12, PAGES 52 THROUGH 56, INCLUSIVE OF MAPS, RIVERSIDE COUNTY
RECORDS;
ALSO EXCEPTING THEREFROM A CERTAIN PARCEL CONVEYED TO SECURITY- FIRST
NATIONAL BANK OF LOS ANGELES, A CORPORATION, TO WRIGHT LUDINGTON, A SINGLE MAN,
BY DEED RECORDED APRIL 19, 1938 IN BOOK 370, PAGE 401 OF OFFICIAL RECORDS, RIVERSIDE
COUNTY RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 27,
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 27, 50 FEET WESTERLY
FROM THE NORTHWEST CORNER OF LOT 11 IN BLOCK 3 OF PALM CANYON MESA TRACT AS
SHOWN BY MAP ABOVE DESCRIBED; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN
THE NORTHWESTERLY LINE OF LOT 19 IN SAID BLOCK 3, 15 FEET SOUTHWESTERLY FROM THE
SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE NORTHEASTERLY ON THE
NORTHWESTERLY LINE OF SAID LOT 19, 15 FEET TO THE SOUTHWESTERLY CORNER OF SAID
LOT 11;
THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT 11 TO THE NORTHWESTERLY
CORNER OF SAID LOT;
THENCE WESTERLY ON THE NORTHERLY LINE OF SAID SECTION 27 TO THE POINT OF
BEGINNING.
QpI
This deed is subject to the following provision contained in that certain Grant Deed dated December 14,
1978 wherein Jess C. Burks, as Trustee, is the Grantor and the City of Palm Springs is the Grantee:
"This gift deed is hereby granted to the City of Palm Springs subject to said property being retained for
park or permanent open space purposes."
Dated— z C7C7 Z By.
City Manager n
Lf
STATE OF CALIFORNIA ) City Clerk
ss
COUNTY OF RIVERSIDE )
On Oct, . Sy-,�00-., before me,�tU�it�+ A.�SlC1A0�S , personally appeared Yid f dy Q hd
9personally known to me- to be the person ss whose
nmteU ' ar subscribed to the with n instrument and acknowledged to me that l ehhe the executed the same in R2ft icla
ltislhe thet authorized capacity tes , and that by.big,the the sigaatureCsPon the instrument the persot(Os , or the Sande rs
entity upon behalf of which the persons(9acted, executed the instrument.
Witness my hand and official seal.
qq '\ e (This area for official notarial seal)
SIGN JURE OF NOTARY
MAIL TAX STATEMENTS AS DIRECTED A
JUDITH A.NICHOLS
COMM.#1261786
Wt.n ,�I Notary Public-Callfornia N
", RIVERSIDE COUNTY
My Comm.Exp,May 21,2004
C�Op�'
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO.
SELZER, EALY, HEMPHILL&BLASDEL, LLP
Paul T. Selzer
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$
Galway Trust Computed on the consideration or value of Property
23961 Craftsman Road conveyed, OR
Suite H Computed on the consideration or value less liens or
Calabasas, CA 91302 encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Palm Springs, a California Municipal Corporation
hereby GRANT(S) to
Galway Trust
the real property in the City of Palm Springs, County of Riverside, State of California, described as:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
This deed is subject to the following provision contained in that certain Deed to Restricted Indian
f,.,+�Fly
Land dated April 6, 1981 wherein Debra Sue Olinger is the Grantor and the City of Palm
���w)✓J�u,�J\L'I! Springs is the Grantee:
"In the event of any type of construction or development, this deed shall be null and void and
the estate hereby conveyed shall revert to and immediately revert in the grantor, her heirs and
assigns."
Dated—
(�` �� 1 t c�3 By:
�—T ity Manager
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE ) City Clerk
On 0111.T, 00'_j before me, T�)d,t�fl Qi cat o(5 personally appeared 1D, (V t d H.Reo d y a NJ
a pets nally known to me - Ar - D proved to me n ran hAsk Of���t�f�^�-�--�'--• , to be the
persona whose name(Cqi5io subscribed to the within instrument and acknowledged to me that he
executed the same inbWh- et authorized capaci tes , and that bylus[har [het signature(s� on the instrument
the perso s , or the entity upon behalf of which the persons@s acted, executed e instrument.
Witness my hand and official seal, +JUMTH A.NICHOLS
(This area for offTY
^lsealFOMM.#1261786
v) (,gym Notary Pubfic•California y
SIG �TURE OF NOTA Y ' RNERSIDE W t��. My Cam Exp.May 2t1 2004
MAIL TAX STATEMENTS AS DIRECTED ABOVE
'lit'.':
'Vt—
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO: COPY
SELZER, EALY, HEMPHILL&BLASDEL, LLP �(( 1 I I��
Paul T. Selzer ��✓✓ �`."�UU
777 E. Tabquitz Canyon Way
Palm Springs, CA 92262
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
Computed on the consideration or value of Property
City of Palm Springs conveyed, OR
3200 E. Tahquitz Canyon Way _ Computed on the consideration or value less liens or
Palm Springs, CA 92262 encumbrances remaining at time of sale.
ATTN: City Manager
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Galway Trust
hereby GRANT(S) to
The City of Palm Springs, a California Chartered Municipal Corporation
the real property in the City of Palm Springs, County of Riverside, State of California, described as:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22, T3S, R4E,THENCE EAST A
DISTANCE OF 1250 FEET; THENCE SOUTH A DISTANCE OF 1170 FEET; THENCE WEST A DISTANCE
OF 2500 FEET; THENCE NORTH A DISTANCE OF 1170 FEET; THENCE EAST A DISTANCE OF 1250
FEET TO THE TRUE POINT OF BEGINNING, ALL WITHIN THE CITY OF PALM SPRINGS, CALIFORNIA
CONTAINING APPROXIMATELY 67 ACRES MORE OR LESS
This grant deed is made in consideration of the covenant of the City of Palm Springs that the property
conveyed hereby shall, in perpetuity, be retained exclusively as natural open space and be managed and
maintained as such. In the event of any type of construction or development on the property or in the event
it is not be managed or maintained by the City as natural open space, this deed shall be null and void and the
estate hereby conveyed shall revert to and shall immediately be rev ested in the grant s, or their h its,
successors and assigns. /
Dated By: 14
G
STATE OF CALIFORNIA )
as
COUNTY OF RIVERSIDE ) I //ff tt I �.
On WCJ . l 2QO-1_ before me, k00,V�L--04� 1cL- , personally appeared L.l i Y kern - U9-11l 1a
❑ personally known to me-or -era-proved to me on the basis of satisfactory evidence, to be the person(s) whose
name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the persons(s) acted, executed the instrument.
Witness my hand and official seal.
p — (This area for official notarial seal)
L
SIGNATURE OF NOTARY
MAIL TAX STATEMENTS AS DIRECTED ABOVE
MARK L. HAYEK
Commission it 1379020 z
Notary Public - California
` -.. Riverside County
My Comm.Expires Oct 8.2006
ESCROW INSTRUCTIONS
TO: CHICAGO TITLE COMPANY, licensed bythe California Department of Insurance
750 NORTH PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA 92262
(760)320-7512 Fax (760)327-5388
Escrow No. 27051873-F78 Escrow Officer DAWN M. MARTIN Date JUly 24, 2002
1. On or before the TIME LIMIT DATE of SEPTEMBER 30 2002
2.
3. RE: FIRST PROPERTY: CITY PROPERTY
4. ESCROW NO: 27051873
5. PROPERTY ADDRESS: VACANT LAND
6.
7. SECOND PROPERTY: GALWAY TRUST 8. ESCROW NO:27051951
9. PROPERTY ADDRESS:VACANT LAND
10.
11,
12. CITY OF PALM SPRINGS,A MUNICIPAL CORPORATION,first party, hereinafter referred to as CITY, will hand you a
13. Deed executed by CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION,
14.
16, on the real property described (hereinafter referred to as FIRST PROPERTY) as:
16.
17. PARCEL 1:
18.
19. THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
20. BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
21, CALIFORNIA.
22.
23. EXCEPTING THEREFROM THAT PORTION IN PALM CANYON MESA TRACT AS SHOWN BY MAP ON FILE IN
24. BOOK 12, PAGES 52 THROUGH 56 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS;
25.
26. ALSO EXCEPTING THEREFROM A CERTAIN PARCEL CONVEYED TO SECURITY-FIRST NATIONAL BANK OF LOS
27. ANGELES,A CORPORATION,TO WRIGHT LUDINGTON, A SINGLE MAN, BY DEED RECORDED APRIL 19, 1938 IN
28. BOOK 370, PAGE 401 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS:
29.
30. THAT PORTION OFTHE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 27, BEGINNING AT A
31. POINT IN THE NORTHERLY LINE OF SAID SECTION 27,50 FEET WESTERLY FROM THE NORTHWEST CORNER
32. OF LOT 11 IN BLOCK 3 OF PALM CANYON MESA TRACT AS SHOWN BY MAP ABOVE DESCRIBED;
33. THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHWESTERLY LINE OF LOT 19 IN SAID
34. BLOCK 3, 15 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF SAID LOT 11;
35. THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 19, 15 FEET TO THE
36. SOUTHWESTERLY CORNER OF SAID LOT 11;
37. THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT 11 TO THE NORTHWESTERLY CORNER OF SAID
38. LOT;
39. THENCE WESTERLY ON THE NORTHERLY LINE OF SAID SECTION 27 TO THE POINT OF BEGINNING.
40.
41. PARCEL 2:
42.
43. THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4
44. EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
45, CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
46.
47. which you will deliverwhen you can issue your current form of OWNERS policy of title insurance on said FIRST
48, property, with liability in the amount of$100,000.00 showing title vested ii r. CLIFTON G. LAMB, JR., AS TRUSTEE OF
49. THE GALWAY TRUST U/A/D/7-27-92.
50.
51. SUBJECTTO:
52.
53. 1. Real Property General and special taxes for the fiscal years 2002/2003, and subsequent years, including
54. reassessments if any and including any special district levies or personal property taxes, payment fur which are
55. included therein and collected therewith and improvement bond assessments,when applicable.
56.
67. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with
58. S ct Rn 75) of the Revenue and Taxation Code of the State of California.
59.
60. 3. Covenants, conditions, restrictions, rights of way, easements and reservations of record.
61.
62.
63. tt:txx:e:tx:e:e a:t:tv:tx
64.
65.
66. Providing you obtain for(First Party) a deed to the property described (hereinafter referred to as SECOND
67.
BEI1 --09/26/96bk (Page 1)
{
ESCROW INSTRUCTIONS (Continued)
TO: CHICAGO TITLE COMPANY Escrow No. 27051873 -F78
Date July 24, 2002
1. PROPRTY) as:
2.
3. THAT PORTION OF THE WEST 1/2 AND THAT PORTION OF THE WEST 1/2 OF THE EAST 112 OF SECTION 22,
4. TOWNSHIP 3 SOUTH RANGE 3 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS,
5. COUNTYOF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE
6. PARTICULARLY DESCRIBED AS FOLLOWS:
7.
8. BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 22;
9• THE EAST ALONG SAID SECTION LINE,A DISTANCE OF 1250 FEET;
10. THENCE SOUTH,A DISTANCE OF 1170 FEET;
11. THENCE WEST,A DISTANCE OF 2500 FEET;
12. THENCE NORTH,A DISTANCE OF 1170 FEET TO THE NORTH LINE OF SAID SECTION;
13. THENCE EAST,A DISTANCE OF 1250 FEET TO HTE TRUE POINT OF BEGINNING.
14.
15. and when you can issue your current form of OWNERS policy of title insurance on said SECOND property with
16. liability in the amount of$100,000.00 showing title vested in: CITY OF PALM SPRINGS, A MUNICIPAL
17• CORPORATION
18.
19. SUBJECTTO:
20.
21. 1. Real Property General and special taxes for the fiscal year 2002/2003, and subsequent years, including
22• reassessments if any and including any special district levies or personal property taxes, payment for which are
23. included therein and collected therewith and improvement bond assessments, when applicable.
24.
25. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with
26. Section 75) of the Revenue and Taxation Code of the State of California.
27,
28. 3. Covenants, conditions, restrictions, rights of way, easements and reservations of record.
29.
30. Second Parties herein,will hand you a Deed to said (Second Property) to (First Party) executed by (Second Party)
31,
32. which you will deliver when you obtain for(Second Party) a deed to said (First Property) and when you can issue
33. your title insurance policy as provided for herein.
34.
35. AS TO FIRST PROPERTY ONLY:
36.
37. PRORATE OR ADJUST THE FOLLOWING ITEMS AS INDICATED TO CLOSE OF ESCROW:
38.
39. Real property taxes based on latest available tax statement without regard to any reassessments or subsequent
40. changes.
41.
42. a:e :ex:ex :ta :e:e:exz:e
43.
44.
45. AS TO SECOND PROPERTY ONLY:
46.
47. PRORATE OR ADJUST THE FOLLOWING ITEMS AS INDICATED TO CLOSE OF ESCROW:
48.
49. Real Property Taxes based on latest available tax statement without regard to any reassessments or subsequent
50. changes.
51.
52.
53.
54.
55. IT HAS BEEN AGREED UPON BETWEEN PARTIES HERETO THAT THE EXCHANGE EQUITIES ARE COMPUTED
56. AS FOLLOWS:
57.
58. FIRST PROPERTY SECOND PROPERTY
59.
60. EXCHANGE VALUE/EQUITY
61.
62.
63. $100,000.00 $100,000.00
64.
65. TOTAL
66.
67.
621C--07/02/950x Pa e
I 9 2)
t
ESCROW INSTRUCTIONS (Continued)
TO: CHICAGO TITLE COMPANY Escrow No. 27051873 -F78
Date July 24, 2002
1.
2. This escrow is contingent upon the concurrent closing of your Escrow No. 27050951.
3.
4.
5. IT IS ACKNOWLEDGED BY THE UNDERSIGNED THAT THEY HAVE BEEN ADVISED BY CHICAGO TITLE
6. COMPANY TO SEEK COUNSEL OF THEIR OWN TAX ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR
7 THE DETERMINATION OF ANY TAX CONSEQUENCES OF THIS EXCHANGE. FURTHER, IT IS ACKNOWLEDGED
8. THAT CHICAGO TITLE COMPANY IS ACTING SOLELY IN THE CAPACITY AS ESCROW HOLDER AND ISSUING
9. CHICAGO TITLE INSURANCE COMPANY'S POLICIES OF TITLE INSURANCE; THEREFORE THE UNDERSIGNED
10. FULLY INDEMNIFY AND HOLD CHICAGO TITLE COMPANY HARMLESS FROM ANY LOSS OR DAMAGE WHICH
11. SAID PARTIES MAY SUSTAIN IN THE EVENT THIS TRANSACTION FAILS TO QUALIFY FOR ANY SPECIAL TAX
12. TREATMENT.
13.
14• ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE DOES NOT PROVIDE LEGAL ADVISE,
15. NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATION, OR ASSURANCES WHATSOEVER REGARDING
16. THE COMPLIANCE OF THIS TRANSACTION WITH ANY TAX, SECURITIES, OR OTHER LAWS OF THE UNITED
17. STATES OR THE STATE IN WHICH THE TRANSACTION IS CONSUMMATED.
18.
19. ESCROW RECOMMENDS THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO TAX,
20, SECURITIES, OR OTHER LEGALASPECTS OF THIS TRANSACTION.
21,
22. : xxxz ,t * xxx
23.
24.
25• Second Party agrees to pay:ALL COSTS IN CONNECTION WITH THIS TRANSACTION.
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Dent--of/oz/asbx (Page 3)
1
GENERAL PROVISIONS
TO: CHICAGO TITLE COMPANY Escrow No. 27051873 - U78
Date July 24, 2002
1. Time is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DATE as provided for herein and
written demand for cancellation is received by you from any principal to this escrow after said date,you shall act in accordance with paragraph
7 of the General Provisions. If no conflicting instruction or demand for cancellation is made,you will proceed to close this escrow when the
principals have complied with the escrow instructions. In the event one or more of the General Provisions are held to be invalid, those
remaining will continue to be operative.Any amendments of or supplements to any instructions affecting escrow must be in writing.You are
authorized to order demands for, and pay at the close of escrow any encumbrances of record necessary to place title in the condition called
for without further authorization.You are further authorized, prior to the close of escrow, to pay from funds on deposit any fees necessary to
obtain any demand and/or report as may be required in this escrow and at file close of escrow charge the parties as appropriate. The
principals will hand you any funds and instruments required from each respectively to complete this escrow. Interest on any new financing
may begin to accrue on the date loan funds/proceeds are disbursed by the new lender,and borrower agrees to pay same in accordance with
lender's Instructions.
2. You are instructed to deliver and/or record all documents and disburse all funds when you can comply with these instructions and issue any
title insurance policy as called for herein. These instructions, together with any amendments and/or supplements, may be executed in
counterparts and together shall constitute one and the same document. If these instructions relate to a sale, and if there is no other written
agreement between the parties pertaining thereto, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof.All
documents, balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise
directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents, all parties hereby agree to accept and
hereby instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that
any documents to be recorded bearing non original (facsimile)signatures will not be accepted for recording by the county recorder.
3. The phrase"close of escrow'(or COE)as used in this escrow means the date on which documents are recorded,unless otherwise specified.
4. Assume a 30 day month in any proration herein provided, and unless otherwise instructed, you are to use the information contained in the
latest available tax statement, including any supplemental taxes of record, rental statement as provided by seller and beneficiary's or
association statements delivered into escrow for proration purposes.
5. Upon close of escrow you are instructed to charge our respective accounts the costs attributable to each,including but not Iirniled to costs as
provided for herein and/or in accordance with our respective estimated statements attached hereto and made a part hereof.
6. Recordation of any instruments delivered through this escrow,if necessary or proper for the issuance of the policy of title insurance called for,
Is authorized.No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested.
7. If demand to cancel is submitted after the Time Limit Date,any principal so requesting you to cancel this escrow shall file notice of demand to
cancel in your office in writing.You shall within three (3)working days thereafter mail by certified mail one copy of such notice to each of the
other principals at the address stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15)
calendar days after the dale of such mailing, you are instructed to cancel this escrow. If this is a sale escrow, you may return the lender's
papers and/or funds upon lender's demand.
8. In the event that this escrow is canceled, any fees or charges due Chicago Title Company including cancellation fees and any expenditures
incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent
jurisdiction. Upon payment thereof, return documents and monies to the respective parties depositing same,or as ordered by the court,and
void any executed instruments.
9. If there is no written activity by a principal to this escrow within any six-month period after the Time Limit Date set forth herein, Chicago Title
Company may, at its option,terminate its agency obligation and cancel this escrow,returning all documents, monies or other items field,to
the respective parties entitled thereto,less any fees and charges as provided herein.
10. if,for any reason,funds are retained or remain in escrow after the closing date,you may deduct therefrom a reasonable charge as custodian,
of not less than$25.00 per month,unless otherwise specified.
11. In the event that you should receive or become aware of conflicting demands or claims with respect to this escrow,or the rights of any of the
parties hereto,or any money or property deposited herein,you shall have the absolute right at your option to discontinue any or all further acts
until such conflict is resolved to your satisfaction.
12. In the event that any Offer to Purchase,Deposit Receipt,or any other form of Purchase Agreement is deposited in this escrow,you,as escrow
holder,are not to be concerned with the terms of such document and are relieved of all responsibility in connection therewith.The foregoing is
not applicable in any transaction in which Chicago Title has specifically agreed to accept an Offer to Purchase,Deposit Receipt or other farm
of Purchase Agreement as escrow instructions. In any event,you are not to be concerned or liable for items designated as "memoranda"in
these escrow instructions nor with any other agreement or contract between the parties.
13. The parties hereto,by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for
the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow.
14. In the absence of instructions to the contrary, you are thereby authorized to utilize wire services, overnight, next day, or other expedited
delivery services(as apposed to the regular U.S.Mail)and to charge the respective party's account accordingly.
15. Concerning any real property involved in this transaction, you are released from and shall Have no liability, obligation or responsibility with
respect to (a)withholding of funds pursuant to Section 1445 of the Internal Revenue Cade of 1986 as amended, and to Sections 18652 and
18668 of the California Revenue and Taxation Code, (b) advising the parties as to the requirements of said Section 1445, (c) determining
whether the transferor Is e foreign person or a non-resident under such Section, nor (d) obtaining a non foreign affidavit or ether exemption
from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the
transaction.
16. If you pay a demand to pay in full a revolving line of credit or equityline loan,you are hereby instructed on my behalf and for my benefit,to
request that the lender issuing said demand cancel said revolving line or equityline of credit.
17. 0 are authorized to furnish to any affiliate of Chicago Title Company, any attorney, broker or lender identified with this transaction or any
one acting on behalf of such lender any information,instructions,amendments,statements,or notices of cancellation given in connection with
this escrow. If any check submitted to escrow is dishonored when presented for payment, you are authorized to notify all principals and/or
their respective agents of such non payment.
18. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Chicago Title Company, as
set forth herein.
eEIcPI-10/22/98-Im (Continued)
a
GENERAL PROVISIONS
(Continued)
TO: CHICAGO TITLE COMPANY Escrow No. 27051873 - F78
Date July 24, 2002
19. All funds received in this escrow shall be deposited with other escrow funds in one or more non-Interest bearing demand accounts of Chicago
Title Company in any state or federal bank or any state or federal savings and loan association ("the depositary institutions') and may be
transferred to any other such accounts. The parties to this escrow acknowledge that while these accounts do not bear interest, because of
these and other banking relationships with depository institutions, Chicago Title Company and its affiliates may receive from some of the
depository institutions an array of banking services, accommodations or other benefits. Chicago Title Company and its affiliates also may
elect to enter into other business transactions with or obtain loans for investment or other purposes from some of the depository institutions.
All such services, accommodations and other benefits shall accrue,directly or indirectly,to Chicago Title Company and its affiliates and they
shall have no obligation to account to the parties to this escrow for the value of such services, accommodations or other benefits. All
disbursements shall be made by Chicago Title Company check,unless otherwise instructed.
Chicago Title Company shall not be responsible for any delay in closing If funds received by the escrow are not available for immediate
withdrawal. Chicago Title Company may, at its option, require concurrent instructions from all principals prior to release of any funds an
deposit in this escrow.
20. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material
pertaining to this escrow at the expiration of six (6)years from the close of escrow or cancellation thereof,without liability and without further
notice.
IMPORTANT NOTICE
Except for wire transfers,funds remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California
Insurance Code. CASHIERS, CERTIFIED or TELLER'S checks, payable to CHICAGO TITLE COMPANY are generally available for
disbursement on the next business day following the date of deposit.
Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law.
(Wire transfer information available upon request)
ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE
LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES
WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY
TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES
OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS.
THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE
UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED.
CITY OF PALM SPRINGS, A MUNICIPAL '
CORPORATION
13
City Manager CLIFT G. LAMB. , AS TRUS OF THE GALWAY
.,� TRUST U/A/D/ 7-27-92 .
Attest:_
City Clerk
Qw = fit`.
rrr� `(S_�/U
r
Current Address: Current Address:
Telephone: Telephone:
I'I BEIGP2-10/22/ee-Irc
GALWAY TRUST
C/O SELZER, EALY, HEMPHILL &BLASDEL, LLP
777 E. TAHQUITZ CANYON WAY, SUITE 328
PALM SPRINGS, CALIFORNIA 92262
t REPORT OF PRASE I
ENVIRONMENTAL SITE ASSESSMENT
PROPOSED LAND SWAP
' PALM SPRINGS PROPERTY
PALMS SPRINGS, CALIFORNIA
File No.: 08781-01
02-08-796
Earth Systems
' �►`/= Southwest 79-811B Country Club Drive
Bermuda Dunes,CA 92201
(760)345-1588
' (800)924-7015
FAX(760)345-7315
August 22, 2002 File No.: 0878 1-01
02-08-796
Galway Trust
c/o Selzer, Ealy, Hemphill &Blasdel, LLP
777 E. Tahquitz Canyon Way, Suite 328
' Palm Springs, California 92262
Attention: Mr. Paul Selzer
' Subject: Report of Phase I Enviromnental Site Assessment
Project: Proposed Land Swap
Palm Springs Property
Palm Springs, California
Dear Mr. Selzer:
' As you requested, Earth Systems Southwest has completed this Phase I Environmental Site
Assessment (ESA) of the site referenced above. Note that this report was prepared for your
exclusive use. It was prepared to stand as a whole and no part should be excerpted or used in
' exclusion of any other part. This project was conducted in accordance with our proposal dated
July 1, 2002. This report completes the scope of services outlined in our proposal.
' Thank you for this opportunity to be of service. If you have any questions regarding this report,
or the information contained herein, please contact this office at your convenience.
' Sincerely,
EARTH SYSTEMS SOUTHWEST
Scot A. Stormo, RG 482E`
yyno.�ii38ci nGl6i"r�_,'�
� i
Vice President
r,6 20
' ESE Report/sas/dac
Distribution: 6/Mr. Paul Selzer
' 1/SAS
2/BD File
1/RC File
1
REPORT OF PHASE I
ENVIRONMENTAL SITE ASSESSMENT
PROPOSED LAND SWAP
' PALM SPRINGS PROPERTY
PALMS SPRINGS, CALIFORNIA
August 22, 2002
TABLE OF CONTENTS
1.0 INTRODUCTION..............................................................................................................1
1.1 Project Infornlation..................................................................................................1
1.2 Purpose and Scope of Work.....................................................................................I
1.3 Limitations...............................................................................................................2
2.0 SITE INFORMATION......................................................................................................2
2.1 Site Development and Location...............................................................................2
2.2 Current Site Condition.............................................................................................3
' 2.3 Site Vicinity.............................................................................................................3
2.4 Geology and Hydrogeology.....................................................................................3
3.0 HISTORICAL INFORMATION.....................................................................................4
3.1 Aerial Photographs...................................................................................................4
3.2 Topographic Maps ...................................................................................................4
' 3.3 Munger Oil Maps.....................................................................................................5
3.4 Interviews.................................................................................................................5
4.0 AGENCY INFORMATION..............................................................................................5
4.1 Agency Database Search Report..............................................................................5
4.2 Agency hiterviews....................................................................................................5
5.0 SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS ..................................5
' APPENDIX A Figures
APPENDIX B Photographs
' APPENDIX C Agency Database Search Report
APPENDIX D Qualifications Statement
' EARTH SYSTEMS SOUTHWEST
August 22, 2002 1 - File No.: 08781-01
02-08-796
1.0 INTRODUCTION
1.1 Project Information
This report presents the findings of the Phase I Environmental Site Assessment (ESA) conducted
by Earth Systems Southwest (ESSW) for 67 acres of mountainous terrain located south of
Mesquite Avenue and west of South Belardo Road in Palm Springs, California. The site is
identified as Palm Springs Property Exhibit B in the documents we received at the start of this
project. Figures depicting the site location and layout are presented in Appendix A. This project
was conducted for Galway Trust in accordance with our proposal dated July 1, 2002.
' 1.2 Purpose and Scope of Work
The purpose of an ESA is to evaluate the potential for the presence of soil or groundwater
contamination that may be present because of the past use, handling, storage, or disposal of
hazardous materials or petroleum products on or near the property. The scope of work for this
' evaluation is based on ASTM Standard E-1527-00, Standard Practice for Environmental Site
Assessments, and consisted of the tasks listed below.
' Site Recormaissanee: This involved: (A) a visual recormaissance of the site, noting
physical evidence of potential contamination or possible sources of contamination;
(B) interviews with persons familiar with the site (if possible) regarding present and past
' site usage; and (C) observation of adjacent properties to identify visual evidence of
possible impacts to the subject site. Significant on-site conditions were photographed to
document current conditions. Selected site photographs are presented in Appendix B.
' Site History Investigation: The history of the site was investigated regarding past land
use at and near the site, specifically as it relates to the storage, production, use, or
disposal of hazardous materials. The sources of information for this evaluation are listed
in the references section of this report, and included the following categories of
information:
' • Aerial photographs
• Topographic maps
■ Munger Oil maps
Personal interviews
' Due to the lack of prior development, building department records were not reviewed.
Regulatory Agency Record Review: Many regulatory agencies compile information
concerning sites that generate, store, use, and/or release hazardous materials. This
infornation can be accessed by reviewing lists published by the regulatory agencies. A
report listing known sites that generate, store, use, and/or have released hazardous
' materials was obtained from Track Info Services LLC, a firm that specializes in
maintaining a database of this type of information. A copy of the Track Info Services
LLC Environmental FirstSearch report is presented in Appendix C, and is discussed in
' Section 4. The search radius for this review was in accordance with ASTM standard E-
1527-00. In addition, selected government agencies were contacted for information they
may have regarding environmental conditions at or near the site.
' EARTH SYSTEMS SOUTHWEST
' August 22, 2002 - 2 - File No.: 08781-01
' 02-08-796
Report Preparation: This report was prepared to present our findings, conclusions, and
' recommendations. A qualifications statement regarding the personnel who perfonned
this evaluation is presented in Appendix D.
' Exclusions: Testing the air, groundwater, soil, or building materials for the presence of
hazardous constituents was beyond the scope of this evaluation. As stated in the proposal, land
title information would only be reviewed if furnished by the Client. Land title information was
' not provided to ESSW, and therefore was not reviewed.
1.3 Limitations
This report has been prepared for the exclusive use of Galway Trust. The conclusions and
recommendations rendered in this report are opinions based on readily available information
' obtained to date within the scope of the work authorized by the client. The scope of work for this
project was developed to address the needs of the client as part of a property transaction (buy,
sell, refinance, etc.) and may not meet the needs of other users. Other parties participating in the
1 transaction for which this project was conducted may also use the information presented in this
report, provided said parties agree that ESSW shall have no additional liability arising from such
use than described in the contract under which this project was conducted (a copy of that contract
' will be provided upon request). Any other use of or reliance on the information and opinions
contained in this report without the written authorization of ESSW is at the sole risk of the user.
It should be noted that any level of assessment cannot ascertain that a property is completely free
of chemical or toxic substances. We believe the scope of work has been appropriate to allow the
client to make an informed business decision.
The results contained in this report are based upon the information acquired during the
assessment, including information obtained from third parties. ESSW makes no claim as to the
accuracy of the information obtained from others. hr addition, it is possible that variations exist
beyond or between points explored during the course of the investigation, and that changes in
conditions can occur in the future due to the works of man, contaminant migration, variations in
rainfall, temperature, and/or other factors not apparent at the time of the field investigation. It
should also be noted that in active blow-sand areas, sand can accumulate quickly behind
windbreaks. Consequently, materials can be buried out of view by natural wind-blown sand in a
relatively short period of time under favorable conditions.
' The services perfonned by ESSW have been conducted in a manner consistent with the level of
care and skill ordinarily exercised by members of our profession currently practicing under
similar conditions in the site vicinity. No warranty is expressed or implied.
' 2.0 SITE INFORMATION
2.1 Site Development and Location
The site consists of approximately 67 acres of land comprising: (1) the southwest quarter of the
' southeast quarter of Section 22 (San Bernardino baseline and meridian); and, (2) the westerly
portion of the north half of the northeast quarter of Section 27, Township 4 South, Range 4 East,
EARTH SYSTEMS SOUTHWEST
' August 22, 2002 - 3 - File No.: 0878 1-01
02-08-796
' located west of the Palm Canyon Mesa Tract (see Figure 1 in Appendix A). The site consists of
' undeveloped mountainous terrain.
The site is bounded on the north, west, and south by undeveloped mountainous terrain.
Undeveloped land bounds the site along the north end of the east boundary, and residential
properties are beyond the south end of the east boundary. The site is inaccessible by vehicles,
and access on foot is limited. The site slopes steeply to the east. The elevation of the site ranges
from approximately 500 feet above mean sea level near the southeast boundary to 1050 feet
above mean sea level along the west boundary. Erosion features, such as minor canyons in the
bedrock, trend from the west to the northeast, east, and southeast across the site.
' 2.2 Current Site Condition
' ESSW personnel visited the site on August 12 and August 14, 2002, to observe current site
conditions and adjacent land use. The site was observed to consist of undeveloped mountainous
terrain composed primarily of exposed bedrock (Photos 1 and 2). Low, scrubby vegetation was
' scattered across the site. The vegetation did not show unusual signs of stress. Access for
vehicles to the site was not observed, and therefore there is virtually no chance for illegal
dumping of hazardous materials to have occurred.
2.3 Site Vicinity
The site vicinity to the north, southwest, west, and beyond the north end of the east boundary
consisted of undeveloped mountainous terrain and canyons. A gated residential community was
to the northeast, and single-family residences were beyond the south end of the east boundary. A
' municipal water tank was situated south of the site. Commercial properties were beyond South
Belardo Road at a distance to the east. Evidence was not observed that the site was adversely
affected by properties in the site vicinity.
2.4 Geologyand id Hydro eop logy
The site is located in the Coachella Valley of Southern California. The Coachella Valley is part
of the tectonically active Salton Trough, which is a closed, internally draining basin bounded by
the San Jacinto and Santa Rosa Mountains to the southwest, the San Bernardino Mountains to the
northwest, and the Little San Bernardino and Orocopia Mountains to the northeast and east.
These mountain ranges, and the basement rock underlying the Coachella Valley, are primarily
composed of granitic and metamorphic rock. Within the Coachella Valley, the basement
complex is overlain by a series of unconsolidated and semi-consolidated continental clastic
sediments eroded from the surrounding mountain ranges, lacustrine deposits of ancient Lake
1 Cahuilla, and wind-blown sand deposited in the active blow-sand area of Riverside County
(DWR, 1964). The site is located on the San Jacinto mountains bounding the west side of the
Coachella Valley. These mountains are generally considered to be non-water bearing, having
' virtually no primary porosity. What groundwater is present in the fractures in the bedrock flows
eastward toward the Coachella Valley.
The depth to groundwater in the Coachella Valley east of the site was evaluated by contacting
Desert Water (DW), the local water supply district. Ms. Debbie Rapport of DW indicated the
' EARTH SYSTEMS SOUTHWEST
' August 22, 2002 - 4 - File No.: 08781-01
' 02-08-796
average depth to groundwater for the year 2001 was approximately 200 feet in a well located
' southeast of the site.
3.0 HISTORICAL INFORMATION
' Information regarding the history of the site was obtained fiom historical aerial photographs,
topographic maps, Munger Oil maps, and interviews with people familiar with the site. The
' results of this research are summarized below.
3.1 Aerial Photographs
' ESSW aerial photo archives were reviewed to evaluate the history of the site and vicinity, with
particular attention to indications of the potential use, storage, or disposal of hazardous materials.
' Photographs for the years 1974, 1980, 1984, 1990, 1995, and 2000 were reviewed (see
references). Our interpretations of these photographs are presented below:
' • In each of the photographs, the site and the adjacent land to the north, southwest, west,
and beyond the north end of the east boundary appeared to be native mountainous terrain,
with no development.
' • The properties to the east were progressively developed as follows:
o In 1974, the gated community to the northeast was complete. A trailer park was
east of the undeveloped land to the east, and single-family residences were to the
southeast.
j o In 1980, the only apparent change was that more single-family homes had been
built to the southeast. Small footpaths were visible on site, along the canyons and
l ridges.
J o By 1984, the trailer park had been razed, South Belardo Road had been built, and
the commercial buildings had been constructed on the north half and the southeast
corner of the former trailer park. The parcel west of South Belardo Road
remained undeveloped as did most of the south half of the former trailer park.
The remainder of the vicinity appeared much as it did in 1980.
1 o In 1990, an additional gated community had been built to the northeast; the
vicinity was otherwise generally unchanged.
o In 1995 and 2000, the vicinity was generally unchanged.
3.2 TopogrWhic MWss
Topographic maps produced by the U.S.G.S. were reviewed for information concerning the
I development history of the site. The 7.5-minute Palm Springs, California Quadrangle, dated
1957 and photo-revised in 1988, was reviewed. This map depicts the site as undeveloped land.
The vicinity to the southeast was developed with residential properties. The City of Palm
I Springs in the extended vicinity to the northeast is well established. By 1988, the neighborhood
to the southeast had continued to develop, the gated community to the northeast had been built,
IEARTH SYSTEMS SOUTHWEST
August 22, 2002 - 5 - File No.: 0878 1-01
02-08-796
and the commercial area to the east was established. In the extended vicinity, resort and
' residential development had expanded significantly to the southeast.
3.3 Munger Oil Maps
' The Munger Oil map book was reviewed for information regarding historic oil-well drilling
activities near the site. The map book did not depict oil wells having been drilled within 1 mile
of the site.
3.4 Interviews
' Mr. Chris Fritsche, Tribal Ranger for the Agua Caliente Band of Cahuilla Indians, was
interviewed concerning access to the site. He stated that the Carl Lykken Trail circles the site,
' approximately Y mile distant, to the north, west, and south. Mr. Fritsche stated that he has not
noticed any debris drunping in the upper reaches of the site, and that it is not feasible for a
vehicle to access those areas.
' 4.0 AGENCY INFORMATION
' 4.1 Agency Database Search Report
A report summarizing the information available from regulatory agencies regarding sites, which
generate, store, use, and/or have released hazardous materials was obtained from Track Info
Services LLC (aka Enviromnental FirstSearch or FirstSearch), a firm that specializes in
maintaining a database of this type of information. The publications referenced by FirstSearch
are listed in the FirstSearch report, which is presented in Appendix C. The search radii used for
each list were in accordance with ASTM guidelines. The information obtained during this
review is summarized below.
■ The site is not listed in the FirstSearch report.
' • There are no other listings identified within the search radii.
4.2 Agency Interviews
1 Ms. Linda Shurlow with the Riverside County Department of Environmental Health was
contacted regarding known problems at the site or in the site vicinity. Ms. Shadow reported that
-� the only sites in the vicinity, of which she is aware, are the Mac McGruder site, which has a
closed status, and US Gas, which is currently under investigation. The US Gas site is % mile
northeast (hydrologically down-gradient) of the subject site, and therefore is not a threat to the
Isubject site.
5.0 SUMMARY, CONCLUSIONS,AND RECOMMENDATIONS
IThis report presents the findings of the Phase I Environmental Site Assessment (ESA) conducted
by Earth Systems Southwest (ESSW) for 67 acres of undeveloped mountainous terrain located
I south of Mesquite Avenue and west of South Belardo Road in Palm Springs, California. The
purpose of this assessment was to evaluate the potential for the presence of soil or groundwater
IEARTH SYSTEMS SOUTHWEST
August 22, 2002 - 6 - File No.: 0878 1-01
02-08-796
contamination because of past use, handling, storage, or disposal of hazardous materials or
' petroleum products on or near the subject property. The scope of work for this evaluation
included a reconnaissance of the site and vicinity, a review of the history of the site, and a review
of information obtained from regulatory agencies regarding the use, storage, generation, or
' release of hazardous materials on the site or in the site vicinity. Based on this review, ESSW
presents the following summary and conclusions:
' 1. The site was observed to consist of undeveloped mountainous terrain composed of
exposed bedrock with native vegetation. Only limited areas of the site were accessible by
foot. Evidence of debris, hazardous materials, or vehicle access was not observed onsite.
2. The site vicinity to the north, west, southwest, and beyond the north end of the east
boundary was undeveloped mountainous terrain. An old municipal water tank was on a
parcel to the south. Residential properties were to the southeast and northeast; and
cormnercial properties were at a distance to the east. Evidence was not observed that the
site was adversely affected by activities in the site vicinity.
' 3. The site was not identified in the agency database review. No other sites were identified
in the agency database review that might pose a threat to the subject site.
' 4. Further investigations do not appear wan-anted.
-000-
1
' EARTH SYSTEMS SOUTHWEST
' August 22, 2002 - 7 - File No.: 08781-01
02-08-796
' REFERENCES
' California Department of Water Resources (DWR), 1964, Bulletin Nurnher 108 — Coachella
Valley Investigation, July 1964
' ESSW, aerial photograph archives, as listed below:
Date Source/Flight Frame Approximate Scale
05-24-74 RCFCD 409 1"=2,200'
04-10-80 RCFCD 432 & 433 1" =2,200'
01-25-94 RCFCD 1061 1"= 1,700'
02-04-84 RCFCD 1188 & 1189 1" = 1,600'
02-28-90 RCFCD 9-72 & 9-73 1"= 1,700'
' 03-09-95 RCFCD 9-63 & 9-64 1" = 1,700'
03-14-00 RCFCD 9-66 & 9-67 1"= 1,700'
' Fritsche, Chris, Tribal Ranger, Agua Caliente Band of Cahuilla Indians, personal interview,
August 14, 2002.
' G1obeXplorer, AirPhotoUSA, aerial photograph, dated 2002.
Munger Map Book, 1997, California -Alaska Oil and Gas Fields.
Rapport, Debbie, employee Desert Water, written conummication, August 15, 2002.
' Shurlow, Linda, Riverside County Department of Environmental Health, phone interview,
August 16, 2002.
' Track Info Services LLC, Environmental FirstSearch Report, dated August 16, 2002.
' United States Geologic Survey, 7.5 minute Pahn Springs, California Quadrangle, 1957, photo-
revised 1988.
' EARTH SYSTEMS SOUTHWEST
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M LEGEND Figure 1 - Site Location
Site Boundary Proposed Land Swap
Palm Springs Property
Project Number: 08781-01
Scale: V = 2000' Earth Systems
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iPhoto 1. View of site from residential neighborhood to
isoutheast. View is to northwest.
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i Photo 2. View of the site from the south end of South Belardo
Road, looking west. The building and undeveloped
■ land in the foreground are off-site.
■ Earth Systems
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1
' TRACK > INFO SERYLCES, LLC
Environmental FirstSearchTm Report
' TARGET PROPERTY:
' WEST OF S BELARDO
' PALM SPRINGS CA 92264
Job Number: 08781-01
PREPARED FOR:
' Earth Systems Southwest
' 79-811B Country Club Drive
' Bermuda Dunes, CA 92201
' 08-16-02
FIRSTS
Tel: (619) 562-4842 Fax: (619) 562-4844
Environmental FirstSearch is a registered trademark of FirstSearch Technology Corporation.All rights reserved.
1 Environmental Firsdearch
1 Search Summary Report
Target Site: WEST OF S BELARDO
1 PALM SPRINGS CA 92264
1 FirstSearch Summary
Database Sel Updated Radius Site 1/8 1/4 112 1/2 > ZIP TOTALS
1 NPL Y 05-08-02 1.00 0 0 0 0 0 0 0
CERCLIS Y 05-08-02 0.50 0 0 0 0 - 0 0
RCRA TSD Y 06-08-02 0.50 0 0 0 0 - 0 0
1 RCRA COR Y 06-08-02 1.00 0 0 0 0 0 0 0
RCRA GEN Y 06-08-02 0.25 0 0 0 0 0
ERNS Y 12-31-01 0.12 0 0 - - - 0 0
State Sites Y 10-25-00 1.00 0 0 0 0 0 0 0
Spills-1990 Y 01-15-02 012 0 0 0 0
SWL Y 08-06-02 0.50 0 0 0 0 0 0
Penmts Y 12-11-01 0.12 0 0 - - - 0 0
1 Other Y 01-11-01 0.12 0 0 - - - 0 0
REG UST/AST Y 05-23-02 0.25 0 0 0 0 0
Leaking UST Y 07-I1-02 0.50 0 0 0 0 - 0 0
1 -TOTALS- 0 0 0 0 0 0 0
i
1
1
1
1
Notice of Disclaimer
1 Due to the limitations, constraints, inaccuracies and incompleteness of government information and computer mapping data currently
available to TRACK Info Services,certain conventions have been utilized in preparing the locations of all federal,state and local agency
sites residing in TRACK Info Services'databases. All EPA NPL and state landfill sites are depicted by a rectangle approximating their
1 location and size. The boundaries of the rectangles represent the eastern and western most longitudes; the northern and southern most
latitudes.As such,the mapped areas may exceed the actual areas and do not represent the actual boundaries of these properties.All other
sites are depicted by a point representing their approximate address location and make no attempt to represent the actual areas of the
associated property Actual boundaries and locations of individual properties can be found in the files residing at the agency responsible for
1 such information.
Waiver of Liability
1 Although TRACK Info Services uses its best efforts to research the actual location of each site,TRACK Info Services does not and can not
warrant the accuracy of these sites with regard to exact location and size.All authorized users of TRACK Info Services'services proceeding
ate signifying an understanding of TRACK Info Services'searching and mapping conventions, and agree to waive any and all liability
claims associated with search and map results shoving incomplete and or inaccurate site locations
1
Environmental FirstSearch
Site Information Report
1
Request Date: 08-16-02 Search Type: COORD
' Requestor Name: Kirsten Murch Job Number: 08781-01
Standard: ASTM FILTERED REPORT
Target Address: WEST OF S BELARDO
' PALM SPRINGS CA 92264
Demographics
Sites: 0 Non-Geocoded: 0 Population: NA
' Radon: NA
' Site Location
Decrees(Decimal) Decrees(Min/See) UTMs
Longitude: -116.553281 -116:33:12 Easting: 541350.313
' Latitude: 33.80153 33:48:6 Northing: 3740046.242
Zone: 11
Comment
Comment:
' Additional Requests/Services
Adjacent ZIP Codes: 0.00 Mile(s) Services:
' ZIP
Code City Name ST Dist/Dir Sel Requested? Date
' Sanborn N
Aerial Photographs N
Topo Maps(hardcopy) N
' City Directories N
Title Search N
Municipal Reports N
Online Topo Map N
1
Environmental FirstSearch
' Selected Sites Summary Report
TARGET SITE: WEST OF S BELARDO JOB: 08781-01
' PALM SPRINGS CA 92264
TOTAL: 0 GEOCODED: 0 NON GEOCODED: 0 SELECTED: 0
1 ID DB Type Site Name/ID/Status Address Dist/Dir Map ID
1
1
1
Environmental FirstSearch
.25 Mile Radius `""'
FIRSS
ASTM Map: RCRAGEN, ERNS, UST
WEST OF S SELARDO , PALM SPRINGS CA 92264
pt ,
G�
W
Source: 1999 U.S. Census TIGER Files
Target Site (Latitude 33.90153 Longitude -116553281).......
Identified Site,Multiple Sites,Receptor........ _..._......
NPL,Solid Waste Landfill(SWL)orHazardous Waste ...... ._.......
Railroads-.....—..... ...__._. . ._._ . .... .... . _.... . .
' Black Rings Represent 1/4 bile Radii, Red Ring Represents 500 fi Radius
cAf Environmental FirstSearch
.5 Mile Radius
ASTM Map: CERCLIS, RCRATSD, LUST, SWL FIRSTSAL
d ra
WEST OF S BELARDO , PALM SPRINGS CA 92264
>v
1
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Source: 1999 US. Census TIGER Fries
Target Site (Latitude.1111111 Longdude*-11G.553211, .._
' Identified Site,Multiple Sites,Receptor . . .. . .
NPL,Solid Waste Landfill(SWL)or Hasardoes Waste_.. . . _.... _.
Railroads .._
' Black Rings Represent 1/4 Mile Radii; Red Raag Represents500ft Radius
Environmental FirstSearch
1,, c 1 Mile Radius E IRrT
ASTM Map: NPL, RCRACOR, STATE Sites FIRSTS
FINEST OF S BELARDO , PALM SPRINGS CA 92264
w �
m
Ly x�
+v,
m
f
Soume: 1999 US. Census TIGER Files
Target Site (L:Vitude:33 80153 Longitude -116.553281)
IdeatiHed Site,Multiple Sites,Receptor ...... . . ......
NPL,Solid Waste LandHl](SW7,)or Hazardous Waste ._ .. . . ..__
Railroads.. _ ..._. _ ........ .... __ _.. .....
Black Rings Representl/4bLle Radii, Red Rmg Represenls5001t Radars
1
Environmental FirstSearch
1 Site Detail Report
TARGET SITE: WEST OF S BELARDO JOB: 08781-01
1 PALM SPRINGS CA 92264
1
1 No sites were selected!
1
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1 Selected Site Details Page- 1
' Environmental FirstSearch
Federal Databases and Sources
NPL: National Priority List. The EPA's list of confirmed or proposed
' Superfund sites. Source: Environmental Protection Agency.
Updated quarterly.
CERCLIS: Comprehensive Environmental Response Compensation and
Liability Information System. The EPA' s database of current and
' potential Superfund sites currently or previously under investigation.
Source: Environmental Protection Agency.
Updated quarterly.
RCRIS: Resource Conservation and Recovery Information System. The EPA's
database of registered hazardous waste generators and treatment,
storage and disposal facilities. Included are RAATS (RCRA
Administrative Action Tracking System) and CMEL (Compliance Monitoring &
Enforcement List) . Source: Environmental Protection Agency.
' RCRA TSD: Resource Conservation and Recovery Information System
Treatment, Storage, and Disposal Facilities. The EPA's database of
RCRIS sites which treat, store, dispose, or incinerate hazardous
' waste. This information is also reported in the standard RCRIS
detailed data.
' RCRA COR: Resource Conservation and Recovery Information System
Corrective Action Sites. The EPA's database of RCRIS sites with
reported corrective action. This information is also reported in the
standard RCRIS detailed data.
' RCRA GEN: Resource Conservation and Recovery Information System
Large and Small Quantity Generators. The EPA's database of RCRIS
sites that create more than 100kg of hazardous waste per month or
meet other RCRA requirements. Included are RAATS (RCRA
Administrative Action Tracking System) and CMEL (Compliance
Monitoring & Enforcement List) .
RCRA NLR: Resource Conservation and Recovery Information System
sites No Longer Regulated. The EPA's database of RCRIS sites that
create less than 100kg of hazardous waste per month or do not meet
other RCRA requirements.
All RCRA databases are Updated quarterly.
' HENS: Emergency Response Notification System. The EPA's database of
emergency response actions. Source: Environmental Protection Agency.
' Updated quarterly.
' RELEASES: Air and Surface Water Releases. A subset of the EPA's ERNS
database which have impacted only air or surface water.
' Updated semi-annually.
' NPDES: National Pollution Discharge Elimination System. The EPA's
database of all permitted facilities receiving and discharging
effluents. Source: Environmental Protection Agency.
Updated semi-annually.
' FINDS: The Facility Index System. The EPA's Index of identification
numbers associated with a property or facility which the EPA has
investigated or has been made aware of in conjunction with various
' regulatory programs. Each record indicates the EPA office that may
have files on the site or facility. Source: Environmental Protection
Agency.
' Updated semi-annually.
' TRIS: Toxic Release Inventory System. The EPA's database of all
facilities that have had or may be prone to toxic material releases.
Source: Environmental Protection Agency.
' Updated semi-annually.
1 ACEC: Areas of Critical Environmental Concern. This database contains
state and federally designated areas of environmental concern such as
endanged species habitats, protected open spaces, parks, conservation
areas and wildlife preserves. It also contains contact information for
' threatened and endangered species. Source: U.S. Fish and Wildlife
Services, Ecological Services Offices; State GIS Departments.
Updated periodically.
Floodplains: 100 year and 500 year flood zone boundaries for select
' counties in the United States. Source: Federal Emergency Management
Agency (FEMA) .
This database will be updated as new data becomes available.
Receptors: 1995 TIGER census listing of schools and hospitals that may
' house individuals deemed sensitive to environmental discharges due to
their fragile immune systems .
Historic Sites: National Register of Historical Places Database. The
nation's official list of cultural resources worthy of preservation.
Properties listed include districts, sites, buildings, structures, and
objects that are significant in American history, architecture,
' archeology, engineering, and culture. Source: National Park Service.
Updated yearly.
' Wetlands: U.S. Fish and Wildlife Service produces information on the
characteristics, extent, and status of the Nation's wetlands and
deepwater habitats. This data is available for select areas of the
' United States. Source: U.S. Fish and Wildlife Service, National
Wetlands Inventory.
This database will be updated as new data becomes available.
Fed Land Use: Federal Land data includes information from the following
' government agencies including Bureau of Indian Affairs, Bureau of
Reclamation, Bureau of Land Management, Department of Defense, Forest
Service, Fish and Wildlife Service, National Park Service, and the
Tennessee Valley Authority. This database also contains data regarding
wild and scenic rivers. Source: USGS.
Updated periodically.
t ENVIRONMENTAL FIRST SEARCH
CALIFORNIA DATABASES (DB) AND SOURCES
CAL SITES: DB TYPE = ST (STATE SITES)
Source: The CAL EPA, Depart. Of Toxic Substances Control
Phone: (916) 323-3400
The CAL EPA Department of Toxic Substances Control (DTSC) maintains a
database of information on properties (or sites) in California where
hazardous substances have been released, or where the potential for such
release exists. The types of properties in the CALSITES database are
' categorized as : Annual Work Plan, Backlogged Properties, Certified /
De-listed Sites, No Further Action, Preliminary Endangerment Assessment
in Progress, Preliminary Endangerment Assessment Required, Removal
Action Required, Expedited Remedial Action Program, Voluntary Cleanup
Program, Deed Restricted Properties, and Referred Properties. For more
information on individual sites call the number listed above.
' CORTESE: DB TYPE = ST (STATE SITES)
Source: The CAL EPA, Department of Toxic Substances Control
Phone: (916) 445-6532
Pursuant to Government Code Section 65962.5, the Hazardous Waste and
Substances Sites List has been compiled by Cal/EPA, Hazardous Materials
Data Management Program. The CAL EPA Dept. of Toxic Substances Control
compiles information from subsets of the following databases to make up
' the CORTESE list :
1. The Dept. of Toxic Substances Control; contaminated or potentially
contaminated hazardous waste sites listed in the CAL Sites database.
' Formerly known as ASPIS are included (CALSITES formerly known as ASPIS) .
2. The California State Water Resources Control Board; listing of
Leaking Underground Storage Tanks are included (LTANK)
' 3 . The California Integrated Waste Management Board; Sanitary Landfills
which have evidence of groundwater contamination or known migration of
hazardous materials (formerly WB-LF, now AB 3750) .
' Note: Track Info Services collects each of the above data sets
individually and lists them separately in the following First Search
categories in order to provide more current and comprehensive
information: CALSITES: SPL, LTANK: LUST, WE-LF: SWL
' SWIS SOLID WASTE INFORMATION SYSTEM: DB TYPE = SW
(SOLID WASTE RELATED SITES)
Source: The Integrated Waste Management Board Phone: (916) 255-2331
The California Integrated Waste Management Board maintains a database on
solid waste facilities, operations, and disposal sites throughout the
state of California. The types of facilities found in this database
include landfills, transfer stations, material recovery facilities,
composting sites, transformation facilities, waste tire sites, and
closed disposal sites. For more information on individual sites call the
number listed above.
Note: This database contains poor site location information for many
sites in the First Search reports; therefore, it may not be possible to
locate or plot some sites in First Search reports.
WMUDS: DB TYPE = SW (SOLID WASTE RELATED SITES)
Source: The State Water Resources Control Board
Phone: (916) 227-4365
The State Water Resources Control Board maintained the Waste Management
Unit Database System (WMUDS) . It is no longer updated. It tracked
management units for several regulatory programs related to waste
management and its potential impact on groundwater. Two of these
programs (SWAT & TPCA) are no longer on-going regulatory programs as
described below. Chapter 15 (SC15) is still an on-going regulatory
program and information is updated periodically but not to the WMUDS
database. The WMUDS System contains information from the following
' agency databases : Facility, Waste Management Unit (WMU) , Waste
Discharger System (WDS) , SWAT, Chapter 15, TPCA, RCRA, Inspections,
Violations, and Enforcement 's.
Note: This database contains poor site location information for many
sites in the First Search reports; therefore, it may not be possible to
locate or plot some sites in First Search reports.
' ORANGE COUNTY LANDFILLS: DB TYPE = SW (SOLID WASTE RELATED SITES)
Source: Orange County Health Dept. Phone: (714) 834-3536
' LUSTIS: DB TYPE = LU (LEAKING UNDERGROUND STORAGE TANKS)
Source: The State Water Resources Control Board
Phone: (916) 227-4416
' The State Water Resources Control Board maintains a database of sites
with confirmed or unconfirmed leaking underground storage tanks.
Information for this database is collected from the states regional
boards quarterly and integrated with this database.
' SAN DIEGO COUNTY LEAKING TANKS: DB TYPE = LU
(LEAKING UNDERGROUND STORAGE TANKS)
Source: San Diego County Dept. of Environmental Health
' Phone: (619) 338-2242
Maintains a database of sites with confirmed or unconfirmed leaking
' underground storage tanks within its HE17/58 database. For more
information on a specific file call the HazMat Duty Specialist at phone
number listed above.
' SLIC REGIONS 1 - 9: DB TYPE = SP (SPILLS-90)
Source: The CAL EPA Regional Water Quality Control Boards 1 - 9
The California Regional Water Quality Control Boards maintain report of
sites that have records of spills, leaks, investigation, and cleanups.
For phone number listings of departments within each region visit their
web sites at: http://www.swrcb.ca.gov/regions.html
SAN DIEGO COUNTY HE17 PERMITS: DB TYPE = PE (PERMITS)
Source: The San Diego County Depart. Of Environmental Health
' Phone: (619) 338-2211
The HE17/58 database tracks establishments issued permits and the status
of their permits in relation to compliance with federal, state, and
local regulations that the County oversees. It tracks if a site is a
hazardous waste generator, TSD, gas station, has underground tanks,
violations, or unauthorized releases. For more information on a specific
file call the HazMat Duty Specialist at the phone number listed above.
i
SAN BERNARDINO COUNTY HAZARDOUS MATERIALS PERMITS: DB TYPE = PE
1 (PERMITS)
Source: San Bernardino County Fire Dept. Phone: (909) 387-3080
Handlers and Generators Permit Information Maintained by the Hazardous
Materials Div.
1 LA COUNTY SITE MITIGATION COMPLAINT CONTROL LOG: DB TYPE = OT
(OTHER UNIQUE DATABASES)
Source: The Los Angeles County Hazardous Materials Division
1 Phone: (323) 890-7806
The County of Los Angeles Public Health Investigation Compliant Control
Log
1 ORANGE COUNTY INDUSTRIAL SITE CLEANUPS: DB TYPE = OT
(OTHER UNIQUE DATABASES)
Source: Orange County Environmental Health Agency
1 Phone: (714) 834-3536
AST ABOVEGROUND STORAGE TANKS: DB TYPE = US (UNDERGROUND STORAGE TANKS)
Source: The State Water Resources Control Board
1 Phone: (916) 227-4364
The Above Ground Petroleum Storage Act became State Law effective
1 January 1, 1990. In general, the law requires owners or operators of
AST's with petroleum products to file a storage statement and pay a fee
by July 1, 1990 and every two years thereafter, take specific action to
prevent spills, and in certain instances implement a groundwater
1 monitoring program. This law does not apply to that portion of a tank
facility associated with the production oil and regulated by the State
Division of Oil and Gas of the Dept. of Conservation.
1 SWEEPS / FIDS STATE REGISTERED UNERGOROUND STORAGE TANKS: DB TYPE = US
Source: CAL EPA Dept of Toxic Substances Control
Phone: (916) 227-4404
Until 1994 the State Water Resources Control Board maintained a database
1 of registered underground storage tanks statewide referred to as the
SWEEPS System. The SWEEPS UST information was integrated with the CAL
EPA's Facility Index System database (FIDS) which is a master index of
1 information from numerous California agency environmental databases.
That was last updated in 1994 . Track Info Services included the UST
1
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CUPA DATABASES & SOURCES
t (DB TYPE = US (UNDERGROUND STORAGE TANKS)
DEFINITION OF A CUPA: A Certified Unified Program Agency (CUPA) is a
local agency that has been certified by the CAL EPA to implement six
' state environmental programs within the local agency's jurisdiction.
These can be a county, city, or JPA (Joint Powers Authority) . This
program was established under the amendments to the California Health
and Safety Code made by SB 1082 in 1994.
A Participating Agency (PA) is a local agency that has been designated
by the local CUPA to administer one or more Unified Programs within
' their jurisdiction on behalf of the CUPA. A Designated Agency (DA) is an
agency that has not been certified by the CUPA but is the responsible
local agency that would implement the six unified programs until they
are certified.
' Please Note: Track Info Services, LLC collects and maintains information
regarding Underground Storage Tanks from majority of the CUPAS and
Participating Agencies in the State of California. These agencies
' typically do not maintain nor release such information on a uniform or
consistent schedule; therefor, currency of the data may vary. Please
look at the details on a specific site with a UST record in the First
Search Report to determine the actual currency date of the record as
provided by the relevant agency. Numerous efforts are made on a regular
basis to obtain updated records.
' ALAMEDA COUNTY CUPA'S
* County of Alameda Department of Environmental Health
* Cities of Berkeley, Fremont, Hayward, Livermore / Pleasanton, Newark,
Oakland, San Leandro, Union
ALPINE COUNTY CUPA
* Health Department (Only updated by agency annually)
AMADOR COUNTY CUPA
* County of Amador Environmental Health Department
BUTTE COUNTY CUPA
* County of Butte Environmental Health Division (Only updated by agency
biannually)
CALAVERAS COUNTY CUPA
* County of Calaveras Environmental Health Department
COLUSA COUNTY CUPA
* Environmental Health Dept.
CONTRA COSTA COUNTY CUPA
* Hazardous Materials Program
DEL NORTE COUNTY CUPA (US)
* Department of Health and Social Services
EL DORADO COUNTY CUPA'S* County of E1 Dorado Environmental Health -
Solid Waste Div (Only updated by agency annually)
* County of El Dorado EMD Tahoe Division
' (Only updated by agency annually)
FRESNO COUNTY CUPA
* Has. Mat and Solid Waste Programs
' GLENN COUNTY CUPA
* Air Pollution Control District
HUMBOLDT COUNTY CUPA (US)
* Environmental Health Division
' IMPERIAL COUNTY CUPA (US)
* Department of Planning and Building
INYO COUNTY CUPA (US)
* Environmental Health Department
1
KERN COUNTY CUPA (US)
* County of Kern Environmental Health Department
* City of Bakersfield Fire Department
KINGS COUNTY CUPA (US)
* Environmental Health Services
1 LAKE COUNTY CUPA (US)
* Division of Environmental Health
LASSEN COUNTY CUPA (US)
' * Department of Agriculture
LOS ANGELES COUNTY CUPA-S (US)
* County of Los Angeles Fire Department
* County of Los Angeles Environmental Programs Division
* Cities of Burbank, El Segundo, Glendale, Long Beach/Signal Hill, Los
Angeles,Pasadena, Santa Fe Springs, Santa Monica, Torrance, Vernon
MADERA COUNTY CUPA (US)
* Environmental Health Department
' MARIN COUNTY CUPA (US)
* County of Marin Office of Waste Management
* City of San Rafael Fire Department
' MARIPOSA COUNTY CUPA (US)
* Health Department
MENDOCINO COUNTY CUPA (US)
* Environmental Health Department
' MERCED COUNTY CUPA (US)
* Division of Environmental Health
MODOC COUNTY CUPA (US)
* Department of Agriculture
' MONO COUNTY CUPA (US)
* Health Department
MONTEREY COUNTY CUPA (US)
' * Environmental Health Division
NAPA COUNTY CUPA (US)
* Hazardous Materials Section
NEVADA COUNTY CUPA (UST)
' * Environmental Health Department
ORANGE COUNTY CUPA'S (US)
* County of Orange Environmental Health Department
' * Cities of Anaheim, Fullerton, Orange, Santa Ana
* County of Orange Environmental Health Department
PLACER COUNTY CUPA (US)
* County of Placer Division of Environmental Health Field office
' * Tahoe City
* City of Roseville Roseville Fire Department
PLUMAS COUNTY CUPA (UST)
* Environmental Health Department
' RIVERSIDE COUNTY CUPA (US)
* Environmental Health Department
SACRAMENTO COUNTY (US)
' * County Environmental Mgmt Dept, Haz. Mat. Div.
SAN BENITO COUNTY CUPA (US)
* City of Hollister Environmental Service Department
SAN BERNARDINO COUNTY CUPA'S (US)
* County of San Bernardino Fire Department, Haz. Mat. Div.
* City of Hesperia Hesperia Fire Prevention Department
City of Victorville Victorville Fire Department
' SAN DIEGO COUNTY CUPA (US)
* The San Diego County Dept. of Environmental Health HE 17/58
SAN FRANCISCO COUNTY CUPA (US)
* Department of Public Health
' SAN JOAQUIN COUNTY CUPA (US)
* Environmental Health Division
1
SAN LUIS OBISPO COUNTY CUPA'S (US)
' * County of San Luis Obispo Environmental Health Division
* City of San Luis Obispo City Fire Department
SAN MATEO COUNTY CUPA (US)
* Environmental Health Department
' SANTA BARBARA COUNTY CUPA (US)
* Co Fire Dept Protective services Div
SANTA CLARA COUNTY CUPA'S (US)
* County of Santa Clara Hazardous Materials Compliance Division
' * Santa Clara Cc Central Fire Prot. Dist. (Covers Campbell, Cupertino,
Los Gatos, & Morgan Hill)
* Cities of Gilroy, Milpitas, Mountain View, Palo Alto, San Jose Fire,
' Santa Clara, Sunnyvale
SANTA CRUZ COUNTY CUPA (US)
* Environmental Health Department
SHASTA COUNTY CUPA (US)
' * Environmental Health Department
SIERRA COUNTY CUPA (US)
* Health Department
' SISKIYOU COUNTY CUPA (US)
* Environmental Health Department
SONOMA COUNTY CUPA'S (US)
* County of Sonoma Department Of Environmental Health
* Cities of Healdsburg / Sebastapol, Petaluma, Santa Rosa
STANINSLAUS COUNTY CUPA (US)
* Dept. of Env. Rsres. Haz. Mat. Div.
SUTTER COUNTY CUPA (US)
* Department of Agriculture
TEHAMA COUNTY CUPA (US)
* Department of Environmental Health
' TRINITY COUNTY CUPA (US)
* Department of Health
TULARE COUNTY CUPA (US)
* Environmental Health Department
' TUOLUMNE COUNTY CUPA (US)
* Environmental Health
VENTURA COUNTY CUPA'S (BWT UST'S & CERTIFIED UST-S)
' * County of Ventura Environmental Health Division
* Cities of Oxnard, Ventura
YOLO COUNTY CUPA (US)
* Environmental Health Department
TUBA COUNTY CUPA (US)
* Yuba County of Emergency Services
1
' Environmental FirstSearch
Street Name Report for Streets within .25 Mile(s) of Target Property
TARGET SITE: WEST OF S BELARDO JOB: 08781-01
' PALM SPRINGS CA 92264
Street Name Dist/Dir Street Name Dist/Dir
1 Alta Vista Rd 0.20 SE
Crestview Dr 0.22 SE
t El Camino Way 0.25 SE
Ridge Rd 0.22 SE
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' EARTH SYSTEMS SOUTHWEST
QUALIFICATIONS STATEMENT FOR ENVIRONMENTAL WORK
' The principals of the Earth Systems companies have been consulting for an average of over
20 years, and the combined staff numbers nearly 100. Earth Systerns' multidisciplinary
professional staff has extensive experience with and education in chemistry, geology,
' geophysics, hydrogeology, mechanical engineering, civil engineering, mapping, soil science,
drafting, and surveying. Our senior project and staff professionals include Certified Engineering
Geologists, Registered Geologists, Registered Environmental Assessors and Professional
' Engineers. These professionals are highly qualified, holding an average of two registrations
and/or certifications in their area of expertise. To continue to meet our commitment to technical
expertise, Earth Systems considers it essential to train our personnel in the latest scientific
' advancements in assessment and mitigation techniques. This involves continuing education in
the form of training seminars, literature reviews, and pertinent conferences to remain abreast of
recent developments in this complex and rapidly changing field.
The attached resumes describe the credentials of the professionals who performed field, research
and/or report preparation work on the project.
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EARTH SYSTEMS SOUTHWEST
' Earth Systems Southwest
' SCOT A. STORMO, RG, CHG, REA II
Vice President
Associate Geologist/Hydrogeologist
' QUALIFICATIONS
Registered Geologist, State of California, 1990 (No. 4826)
' Certified Hydrogeologist, State of California, 1995 (No. 204)
California Registered Environmental Assessor(REA II), 2001 (No. 20166)
California Registered Environmental Assessor(REA 1), 1990 to 1995 (No. 2356)
' OSHA 40-Hour HAZWOPER Course,Hazardous Materials and Site Investigations
(OSHA 29 CPR 1910.120[e]), 1987, 8-hour refresher courses taken annually
Princeton Groundwater, 1994
' Short course: Groundwater Pollution and Hydrology
National Ground Water Association, 2000
Short Course: Geophysics for Environmental and Groundwater Applications
M. S. Geology, State University of New York at Stony Brook, 1984
' B. S. Geology, California Lutheran College, Thousand Oaks, California, 1981
' PROFESSIONAL EXPERIENCE
1997 to present Vice President Earth Systems Southwest
' Bermuda Dunes
1991 to 1997 Senior Geologist Dames &Moore
Spokane,Washington
Ontario, California
1989 to 1991 Senior Project Geologist Exceltech, Inc.
' Irvine, California
1986 to 1989 Staff Geologist Leighton& Associates
' Riverside, California
1985 to 1986 Consulting Geologist Epoch Well Logging
' Ventura, California
Employed with Earth Systems' Bermuda Dunes office since 1997, Mr. Stormo is manager of our
' environmental services department. In this capacity, he directs all aspects of our environmental
operations including performing water resource evaluations, and conducting investigations into the
presence, source, and extent of hazardous materials and contaminants in soil and groundwater. Mr.
Stormo has been providing geologic and hydrogeologic consulting services to a wide variety of clients
' since 1985. His involvement with contaminated sites has included performing numerous investigations
related to landfills, leaking underground storage tanks, and properties of industrial, commercial,
educational, residential, and agricultural usage. He has also been active in water supply and groundwater
' protection evaluations, providing advice to water supply organizations, Indian tribes, and governmental
agencies. As a registered hydrogeologist, his expertise includes groundwater modeling and groundwater
plume evaluations.
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' Scot A. Stormo page 2
' continued
HIGHLIGHTS OF RESPONSIBILITIES AND EXPERIENCE
' • Conducts groundwater and surface water supply evaluations involving assessment of both quantity
and quality.
' • Develops watershed management, monitoring and protection strategies.
• Perfonns water quality monitoring of both surface water and groundwater resources.
• Conducts preliminary site assessments (Phase 1) entailing site reconnaissance, historical research,
' regulatory agency records and database searches, aerial photograph review, and final report
preparation.
• Performs site characterizations (Phase II) entailing subsurface exploration, sampling of soil and
groundwater, chemical analyses of samples, evaluation of laboratory data, preparation of final report
including recommendations for remediation.
• Designs and implements remediation programs such as groundwater monitoring and sampling;
delineation of contaminant plumes; monitoring well installation and developments; in situ and above
' ground bioremediation systems; vapor extraction and soil venting systems; thermal/catalytic
oxidation; and groundwater extraction, air stripping, activated carbon filtration, bioreactors.
• Conducts investigations of surficial contaminants such as lead, cadmium, chromium, zinc, copper
' and pesticides.
• Directs landfill investigations which include cover analysis and risk assessment.
• Perfonns risk evaluations and feasibility studies involving calculating mobility and potential impact
' of subsurface contaminants.
• Evaluates release scenarios using computer modeling and fate and transport simulations.
• Assesses and evaluates potential geologic hazards such as faults, liquefaction, and landslides.
' • Provides expert witness and consultation services.
SELECTED MAJOR PROJECT EXPERIENCE
' Water Resources Projects
• Remote Mountain Community. Mr. Stonno evaluated the long-term use and availability of
' groundwater for a remote mountain community. Included a review of historic water levels and
recharge rates, and identification of preferred drilling locations based on the geology of the site.
• Proposed Residential Subdivision. Mr. Stonno provided hydrogeologic expertise on a water
availability study for a proposed residential subdivision that will rely on groundwater.
• FDA Spring Certifcations. Mr. Stormo has provided hydrogeologic expertise for spring certification
reports or several properties throughout California in preparation for developing these sites as spring
water sources.
' • Proposed "Spring" Site. Mr. Stonno performed an in-depth evaluation of a reported spring site to
identify the nature of the "spring." The physical setting, geochemistry, and soil stratigraphy were
evaluated, including the use of geophysical techniques to probe the subsurface. Concluded that the
' "spring"was not a natural feature.
• Watershed Evaluation and Management Projects for h7dia7e Tribe_ Mr. Stonno has been the senior
consultant and project manager for the development and implementation of two watershed evaluation
' and management programs. These activities have included: 1) identifying and quantifying
wastewater sources in the watershed; 2) gaging stream flows and water quality in the major drainage
of the watershed; 3) design of surface water sampling programs and development of Quality
' Assurance Project Plans; 4) design and installation of monitoring wells to evaluate water quality in
the three water-bearing aquifers; and 5) data evaluation and report preparation.
• Salt Water Intrusion Study. Mr. Stormo managed the installation of five wells to evaluate the
' potential for salt water intrusion into the upper aquifer adjacent to the Salton Sea.
' Scot A. Stormo page 3
continued
' • Water Source Studies. Mr. Stonno evaluated the chemistry of waters at several sites to identify the
source(s) of surface and groundwaters. The evaluations included comparisons of major and trace
element geochemistries in on-site and potential off-site water sources. These projects were
' conducted in support of legal proceedings.
Hazardous Materials Projects
• Industrial Park Environmental Assessment. Mr. Stonno was project manager for this assessment
' which involved research of current and past uses and practices, collection and analysis of soil and
groundwater samples, and removal of underground storage tanks. Additionally, the project involved
asbestos assessment and abatement, development of an asbestos management plan, and assessment of
metallic dust residues.
• Former Above-Ground Storage Tank and Pipeline Facilio) Mr. Stonno managed the environmental
investigation of this facility. He evaluated whether the facility contributed contaminants to a
' regionally extensive groundwater plume emanating from a nearby refinery. This involved
differentiating between gasoline and diesel fuel in soil samples, estimating the extent of weathering
of the hydrocarbons, and evaluating whether BTEX compounds were migrating upward through the
' soil as vapors.
• Law Suit Involving Pre-Existing Contamination. Mr. Stonno was project manager, principal
geologist and expert witness in a law suit involving pre-existing contamination on a former service
' station property with numerous prior owners, operators and adjacent spills. He evaluated prior
remedial activities for appropriateness; evaluated likelihood of upgradient sources; used computer
modeling, and fate and transport simulations to evaluate the likelihood of various release scenarios;
and, developed cost estimates for clean-up.
• Groundwater Contamination at Two Landfills. Mr. Stonno was field manager and chief author of an
investigation of the extent of groundwater contamination at two landfills. The project included well
installation, aquifer testing, groundwater modeling, risk assessment, and remedial alternatives
' evaluation.
• Phase I and H Investigations and Leaking DST's. Mr. Stonmo was involved in numerous
investigations related to leaking underground storage tanks and hundreds of environmental site
' assessments (Phase I Investigations) of industrial, commercial, residential, agricultural, and vacant
properties, with follow-up(Phase lI Investigations)of the sites identified as potentially contaminated.
• Bunker C_ Fuel Oil Spill. Mr. Stonno authored the Vacuum Extraction Pilot Test and the Soil
Column Bioventing and Surfactant Flushing Treatability Study pertaining to this site. He performed
data analyses and provided geochemical consulting services.
• Groundwater Contamination Phone Geochemical Evaluation. Mr. Stonno evaluated the chemistry
' of a groundwater contamination plume involving solvents. He used an analysis of the relative
concentrations of the two primary contaminants to identify three separate plumes with distinctive
chemical signatures. He then delineated plume boundaries, mixing zones, and probable source areas.
• Metal Working Facility Airborne Contaminant Investigation. Airborne metallic dusts such as lead,
cadmium, and chromium were the primary concern at this site. As project manager and principal
investigator, Mr. Stonno performed ambient air sampling and surficial dust sampling and analysis,
and used the isotopic concentrations of the lead and the ratios of the various metals in the different
' media, to identify the source of the airborne materials.
PROFESSIONAL AFFILIATIONS
' National Ground Water Association
Association of Ground Water Scientists and Engineers
' Association for Environmental Health and Sciences
GALWAY TRUST
C/O SELZER, EALY, HEMPHILL &BLASDEL, LLP
1 777 E. TAHQUITZ CANYON WAY, SUITE 328
PALM SPRINGS, CALIFORNIA 92262
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1 REPORT OF PHASE I
ENVIRONMENTAL SITE ASSESSMENT
PROPOSED LAND SWAP
1 SAN GORGONIO PASS PROPERTY
NEAR PALMS SPRINGS, CALIFORNIA
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1 File No.: 08780-01
02-08-798
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Earth Systems
Southwest 79-811B Country Club Drive
Bermuda Dunes,CA 92201
(760)345-1588
' (800)924-7015
FAX(760)345-7315
August 23, 2002 File No.: 08780-01
' 02-08-798
Galway Trust
1 c/o Selzer, Ealy, Hemphill &Blasdel, LLP
777 E. Taliquitz Canyon Way, Suite 328
tPalm Springs, California 92262
Attention: Mr. Paul Selzer
tSubject: Report of Phase I Environmental Site Assessment
' Project: Proposed Land Swap
San Gorgonio Pass Property
Near Palm Springs, California
' Dear Mr. Selzer:
As you requested, Earth Systems Southwest has completed this Phase I Enviromnental Site
Assessment (ESA) of the site referenced above. Note that this report was prepared for your
exclusive use. It was prepared to stand as a whole and no part should be excerpted or used in
exclusion of any other part. This project was conducted in accordance with our proposal dated
July 1, 2002. This report completes the scope of services outlined in our proposal.
' Thank you for this opportunity to be of service. If you have any questions regarding this report,
or the information contained herein, please contact this office at your convenience.
' Sincerely,
EARTH SYSTEMS SOUTHWEgT.
Scot A. Stormo, RG 4826�' •'����c ;cs� r
Vice President
' ESE Report/sas/dac
Distribution: 6/Mr. Paul Selzer
' 1/SAS
2/BD File
1/RC File
REPORT OF PHASE I
JENVIRONMENTAL SITE ASSESSMENT
PROPOSED LAND SWAP
SAN GORGONIO PASS PROPERTY
NEAR PALMS SPRINGS, CALIFORNIA
August 23, 2002
TABLE OF CONTENTS
1.0 INTRODUCTION..............................................................................................................I
1.1 Project Information..................................................................................................1
1.2 Purpose and Scope of Work.....................................................................................I
1.3 Limitations...............................................................................................................2
2.0 SITE INFORMATION......................................................................................................2
2.1 Site Development and Location...............................................................................2
2.2 Current Site Condition.............................................................................................3
2.3 Site Vicinity.............................................................................................................3
2.4 Geology and Hydrogeology.....................................................................................3
3.0 HISTORICAL INFORMATION.....................................................................................4
3.1 Aerial Photographs...................................................................................................4
3.2 Topographic Maps ...................................................................................................5
3.3 Munger Oil Maps.....................................................................................................5
4.0 AGENCY INFORMATION..............................................................................................5
4.1 Agency Database Search Report..............................................................................5
4.2 Agency Interviews....................................................................................................6
5.0 SUMMARY, CONCLUSIONS,AND RECOMMENDATIONS ..................................6
APPENDIX A Figures
APPENDIX B Photographs
APPENDIX C Agency Database Search Report
APPENDIX D Qualifications Statement
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EARTH SYSTEMS SOUTHWEST
August 23, 2002 1 - File No.: 08780-01
02-08-798
' 1.0 INTRODUCTION
' 1.1 Project Information
This report presents the findings of the Phase I Environmental Site Assessment (ESA) conducted
' by Earth Systems Southwest (ESSW) for 67 acres of undeveloped land located in the eastern
portion of San Gorgonio Pass, south of Highway 111, east of Snow Creek Road, and northwest
1 of the City of Palm Springs, Riverside County, California. The site is identified as Exhibit C in
the document we received at the beginning of this project. Figures depicting the site location and
layout are presented in Appendix A. This project was conducted for Galway Trust in accordance
with our proposal dated July 1, 2002,
1.2 Purpose and Scope of Work
' The purpose of an ESA is to evaluate the potential for the presence of soil or groundwater
contamination that may be present because of the past use, handling, storage, or disposal of
' hazardous materials or petroleum products on or near the property. The scope of work for this
evaluation is based on ASTM Standard E-1527-00, Standard Practice for Environmental Site
Assessments, and consisted of the tasks listed below.
' Site Reconnaissance: This involved: (A) a visual reconnaissance of the site, noting
physical evidence of potential contamination or possible sources of contamination;
(B) interviews with persons familiar with the site (if possible) regarding present and past
site usage; and (C) observation of adjacent properties to identify visual evidence of
possible impacts to the subject site. Significant on-site conditions were photographed to
' document current conditions. Selected site photographs are presented in Appendix B.
Site History hrvestigation: The history of the site was investigated regarding past land
' use at and near the site, specifically as it relates to the storage, production, use, or
disposal of hazardous materials. The sources of information for this evaluation are listed
in the references section of this report, and included the following categories of
information:
Aerial photographs
' • Topographic maps
■ Munger Oil maps
Due to the lack of prior development, building department records were not reviewed.
Regulatory Agency Record Review: Many regulatory agencies compile information
concerning sites that generate, store, use, and/or release hazardous materials. This
' information can be accessed by reviewing lists published by the regulatory agencies. A
report listing known sites that generate, store, use, and/or have released hazardous
materials was obtained from Track Info Services LLC, a firm that specializes in
' maintaining a database of this type of information. A copy of the Track Info Services
LLC Environmental FirstSearch report is presented in Appendix C, and is discussed in
Section 4. The search radius for this review was in accordance with ASTM standard E-
1527-00. In addition, selected government agencies were contacted for information they
may have regarding environmental conditions at or near the site.
EARTH SYSTEMS SOUTHWEST
' August 23, 2002 - 2 - File No.: 08780-01
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Report Preparation: This report was prepared to present our findings, conclusions, and
' recommendations. A qualifications statement regarding the personnel who perfonned
this evaluation is presented in Appendix D.
' Exclusions: Testing the air, groundwater, soil, or building materials for the presence of
hazardous constituents was beyond the scope of this evaluation. As stated in the proposal, land
title information would only be reviewed if furnished by the Client. Land title information was
' not provided to ESSW, and therefore was not reviewed.
1.3 Limitations
' This report has been prepared for the exclusive use of Galway Trust. The conclusions and
reconmendations rendered in this report are opinions based on readily available information
' obtained to date within the scope of the work authorized by the client. The scope of work for this
project was developed to address the needs of the client as part of a property transaction (buy,
sell, refinance, etc.) and may not meet the needs of other users. Other parties participating in the
transaction for which this project was conducted may also use the information presented in this
report, provided said parties agree that ESSW shall have no additional liability arising from such
use than described in the contract under which this project was conducted (a copy of that contract
' will be provided upon request). Any other use of or reliance on the information and opinions
contained in this report without the written authorization of ESSW is at the sole risk of the user.
' It should be noted that any level of assessment cannot ascertain that a property is completely free
of chemical or toxic substances. We believe the scope of work has been appropriate to allow the
' client to make an informed business decision.
The results contained in this report are based upon the information acquired during the
' assessment, including information obtained from third parties. ESSW makes no claim as to the
accuracy of the information obtained from others. In addition, it is possible that variations exist
beyond or between points explored during the course of the investigation, and that changes in
' conditions can occur in the future due to the works of man, contaminant migration, variations in
rainfall, temperature, and/or other factors not apparent at the time of the field investigation. It
should also be noted that in active blow-sand areas, sand can accumulate quickly behind
windbreaks. Consequently, materials can be buried out of view by natural wind-blown sand in a
relatively short period of time under favorable conditions.
The services performed by ESSW have been conducted in a manner consistent with the level of
care and skill ordinarily exercised by members of our profession currently practicing under
similar conditions in the site vicinity. No warranty is expressed or implied.
' 2.0 SITE INFORMATION
2.1 Site Development and Location
The site consists of approximately 67 acres of land comprising the north-central portion of
' Section 22, Township 3 South, Range 3 East, San Bernardino baseline and meridian (see
Figure 1 in Appendix A). The northeast corner of the subject property is located approximately
' EARTH SYSTEMS SOUTHWEST
' August 23, 2002 - 3 - File No.: 08780-01
' 02-08-798
'/a mile south of Highway 111, and the southwest corner of the site is located approximately 1
mile east of Snow Creek Road in northwest Palm Springs, Riverside County, California. The site
consists of undeveloped native desert.
' The site boundaries were not demarcated. The site is bounded on all sides by undeveloped native
desert. The elevation of the site ranges from approximately 1120 feet above mean sea level near
the east boundary to 1140 feet above mean sea level near the west boundary. The topography of
the northwest half of the site is characterized by creosote bush hummocks and small sand dunes.
San Gorgonio River wash features cross the site from northwest to southeast. Wash features
from the Snow Creek area cross the southeast half of the site from southwest to east-northeast.
' Vegetation is less dense in the southeastern portion, apparently due to stream action. Surface
water drainage in the area, dominated by the San Gorgonio River, generally drains by sheet flow
to the southeast. All of these water features are non-perennial, and no water was observed onsite
at the time of the site visit.
2.2 Current Site Condition
ESSW personnel visited the site on August 14 and 16, 2002, to observe current site conditions
and adjacent land use. A summary of our findings is presented below.
' The site was observed to consist of undeveloped native desert and stream-chamrel features
with mature natural vegetation (Photo 1). The sluubs were thickest in the northwestern
' portion of the site. The vegetation did not show unusual signs of stress.
All terrain vehicle (ATV) tracks were noted throughout the site. A small amount of debris
was scattered near the ATV tracks and was composed primarily of vehicle tires and
discarded beverage bottles. The debris did not appear to contain hazardous materials.
2.3 Site Vicinity
The site vicinity consisted of undeveloped native desert. In the extended vicinity, Highway 111,
the Union Pacific Railroad, and Interstate 10 were to the north with the San Bernardino
Mountains beyond; undeveloped land and the San Jacinto Mountains were to the east and south;
an aqueduct was to the southwest, and Snow Creels Village was a few miles to the southwest at
1 the terniinus of Snow Creek Road. Several extensive piles of tires, partially buried by
I windblown sand, were observed on the south side of Highway 111, approximately '/a mile
northeast of the subject site. Many of the tire piles appeared to have been arranged in parallel
Irows as erosion deterrents. Some of the tire piles appeared to be randomly dumped. It is not
clear if some of the randomly dumped tire piles encroached onto the subject site, because the site
boundaries are not marked. However, it appeared that the tire piles were located north of the
J northern site boundary. This issue is discussed further in Section 4.1. Evidence was not
J observed that the site was adversely affected by properties in the site vicinity.
I2.4 Geology and Hvdrogeology
The site is located in the San Gorgonio Pass, as the western edge of the Coachella Valley of
Southern California. The Coachella Valley is part of the tectonically active Salton Trough,
1 which is a closed, internally draining basin bounded by the San Jacinto and Santa Rosa
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Mountains to the southwest, the San Bernardino Mountains to the northwest, and the Little San
' Bernardino and Orocopia Mountains to the northeast and east. These mountain ranges, and the
basement rock underlying the Coachella Valley, are primarily composed of granitic and
metamorphic rock. Within the Coachella Valley, the basement complex is overlain by a series of
' unconsolidated and semi-consolidated continental clastic sediments eroded from the surrounding
mountain ranges, lacustrine deposits of ancient Lake Cahuilla, and wind-blown sand deposited in
the active blow-sand area of Riverside County (DWR, 1964). The site is located on continental
clastic sediments eroded from the mountains north and south of the site.
The northwest trending San Andreas fault zone is the major geologic feature of the Coachella
Valley. The Banning, Mission Creek, and Garnet Hill faults, which are part of the San Andreas
fault system, divide the Coachella Valley into four distinct hydrogeologic subbasins. Each
subbasin is further divided into subareas, based on either the type of water-bearing formation,
' water quality, areas of confined groundwater, forebay areas, groundwater divides, or surface
water divides. The site is located in the western most portion of the Palm Springs subarea of the
Indio subbasin. This subarea is bounded by the Garnet Hill fault to the northeast, the San
' Gorgonio Pass subbasin to the northwest, the San Jacinto and Santa Rosa Mountains to the west
and south, and the adjacent Thennal subarea of the Indio subbasin to the east. Groundwater in
this subarea generally flows in a southeasterly direction toward the Salton Sea from the main
' recharge areas along the base of the San Jacinto Mountains and in the San Gorgonio Pass. The
alluvial materials within this subarea are primarily heterogeneous alluvial fan deposits exhibiting
' little sorting and with a low percentage of fine-grained material. The transmissivity (a measure
of the capability of an aquifer to transmit water) of the aquifer in the Indio subbasin was
calculated in two wells to be 60,000 to 250,000 gallons per day per foot-width of aquifer, which
is relatively high (DWR, 1964).
The depth to groundwater at the site was evaluated from a review of a Draft Program
Enviromnental Impact Report for the Coachella Valley Water Management Plan prepared by the
Coachella Valley Water District (CVWD, 2002). That plan depicts the depth to groundwater in
the site vicinity as about 300 feet.
I3.0 HISTORICAL INFORMATION
Information regarding the history of the site was obtained from historical aerial photographs,
topographic maps, and Munger Oil maps. The results of this research are summarized below.
I3.1 Aerial Photographs
Coachella Valley Water District (CVWD) aerial photo archives were reviewed to evaluate the
history of the site and vicinity, with particular attention to indications of the potential use,
storage, or disposal of hazardous materials. Photographs for the years 1985, 1991, 1996, and
1998 were reviewed. Photographs for years prior to 1985 were not readily available. Our
interpretation of these photographs is presented below in chronological order.
• In 1985, the site and vicinity were undeveloped native desert and dry river channels.
' Indications of the prior development or misuse of the site prior to 1985 were not observed
i in the photograph. Both Snow Creek and the San Gorgonio River channels display
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evidence of heavy runoff. The vegetation onsite south of Snow Creek appeared to be
heavier than it was at the time of the site visit.
In the site vicinity, the rows of tires northeast of the site were already in place by 1985.
' The tires do not appear to encroach onto the site. The nearest tire pile appears to be
located about 300 feet north of the western portion of the north boundary of the site.
' • In 1991, all terrain vehicle (ATV) tracks were visible on the southeast half of the site.
The vegetation in that area was thinner than in 1985. Two small ATV tracks crossed the
northwest half of the site, through the creosote hummock and sand dune area. The ATV
tracks extended into the site vicinity, generally following the river channels.
• In 1996, the site was generally unchanged. ATV tracks on the dunes south of the south
' boundary were evident.
• In 1998, the site appeared much as it did in 1996 and at the time of the site visit. The
' vicinity was also generally unchanged.
3.2 Topographic Maps
' Topographic maps produced by the U.S.G.S. were reviewed for information concerning the
development history of the site. The 7.5-minute White Water, California Quadrangle, dated 1955
and photo-revised in 1988, was reviewed. This map depicts the site and immediate vicinity as
undeveloped land. Snow Creek Road is shown as a light-duty paved road, and the railroad was
established by 1955. Dirt roads are depicted to the southwest. By 1988, the aqueduct had been
built to the southwest, more dirt roads were depicted in that area, and Highway 111 and Interstate
10 were completed to the north.
1 3.3 Munger Oil Maps
The Munger Oil map book was reviewed for information regarding historic oil-well drilling
I activities near the site. The map book did not depict oil wells having been drilled within 1 mile
of the site.
4.0 AGENCY INFORMATION
4.1 Agency Database Search Report
IA report summarizing the information available from regulatory agencies regarding sites, which
generate, store, use, and/or have released hazardous materials was obtained from Track Info
' Services LLC (aka Environmental FirstSearch or FirstSearch), a firm that specializes in
maintaining a database of this type of information. The publications referenced by FirstSearch
are listed in the FirstSearch report, which is presented in Appendix C. The search radii used for
each list were in accordance with ASTM guidelines. The information obtained during this
review is summarized below.
• The site is not listed in the FirstSearch report.
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August 23, 2002 - 6 - File No.: 08780-01
02-08-798
' Two listings are identified within the search radii. These listings refer to the same site, a
' "waste tire facility" 0.40 miles northeast of the subject site. The status of the site is
abandoned. The tire dump, developed prior to regulatory oversight, is no longer an active
site. The tire dump is cross gradient of the subject site and is not considered a threat to
' the subject site.
4.2 Agency Interviews
' Ms. Linda Shurlow with the Riverside County Department of Environmental Health was
contacted regarding known problems at the site or in the site vicinity. Ms. Shurlow reported that
' historically, Caltrans had a road yard on Highway 111 with underground storage tanks. That site
is approximately % mile northeast of the subject site (hydrologically down-gradient) and is
therefore not a threat to the subject site. She also stated that a train derailment had occurred in
2000 south of Whitewater Adobe, approximately 1 mile northwest of the subject site. The
derailment included the release of diesel fuel into the creek bed. Ms. Shurlow stated that the
railroad company immediately excavated the contaminated soil and that site is considered closed.
' 5.0 SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS
' This report presents the findings of the Phase I Environmental Site Assessment (ESA) conducted
by Earth Systems Southwest (ESSW) for 67 acres of undeveloped land located in the San
Gorgonio Pass, '/a mile south of Highway 111 and approximately 1 mile east of Snow Creek
' Road, Palm Springs, California. The purpose of this assessment was to evaluate the potential for
the presence of soil or groundwater contamination because of past use, handling, storage, or
disposal of hazardous materials or petroleum products on or near the subject property. The scope
' of work for this evaluation included a reconnaissance of the site and vicinity, a review of the
history of the site, and a review of information obtained from regulatory agencies regarding the
use, storage, generation, or release of hazardous materials on the site or in the site vicinity.
' Based on this review, ESSW presents the following summary and conclusions:
1. The site was observed to consist of undeveloped native desert. Minimal amounts of
' debris were noted on site. The debris consisted of litter and scattered ATV tires and did
not appear to contain hazardous materials. Further investigations regarding these
materials do not appear warranted.
2. The site vicinity consists of primarily undeveloped native desert. The extended distance
' includes the small residential community of Snow Creek Village, Highway 111, Interstate
10, and the Union Pacific Railroad. An old tire dump is adjacent to Highway 111,
approximately ''/a mile northeast of the site. Additional piles of tires are present in the site
' vicinity. Based on our review of the historical aerial photographs, the nearest pile of tires
appears to be about 300 feet north of the western portion of the north boundary of the site.
Evidence was not observed that the site was adversely affected by activities in the site
' vicinity.
3. The site was not identified in the agency database review. The status of the other site
' identified in the agency database review, the waste tire facility, is abandoned. The waste
tire facility does not appear to pose a risk to the subject site.
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August 23, 2002 - 7 - File No.: 08780-01
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' 4. The boundaries of the subject site were not demarcated, and were estimated from
topographic maps, aerial photographs, and distinctive landmarks. The accuracy of the
site boundaries used during this assessment is limited by the inherent uncertainty of these
methods. It is possible that some of the tire piles we identified to be north of the site
actually extend onto the site. If this is of concern, the site boundaries should be
accurately located by a licensed surveyor, and the location of the tires determined relative
to that boundary. If the piles of tires are determined to have been dumped on site, they
will need to be removed as part of site development activities. The cost of that removal
will depend on the number of tires found to be present on the site.
1 -000-
1
' EARTH SYSTEMS SOUTHWEST
1 August 23, 2002 - 8 - File No.: 08780-01
02-08-798
' REFERENCES
' California Department of Water Resources (DWR), 1964, Bulletin Number 108 — Coachella
Valley Investigation, July 1964
' Coachella Valley Water District (CV WD), aerial photograph archives, as listed below:
Date Source/Flight Frame Approximate Scale
01-04-85 CVWD Sheet 5 of45 1" = 1000'
02-09-91 CV WD Sheet 5 of 48 1" = 1000,
' 06-05-96 CV WD Sheet 5 of 48 1" = 1000'
09-17-98 CVWD Sheet 5 of48 1" = 1000'
' Coachella Valley Water District, 2002. "Draft Program Environmental hnpact Report for
Coachella Valley Water Management Plan and State Water Project Entitlement Transfer."
Prepared by Montgomery Watson Harza, dated June 2002.
' G1obeXplorer, AirPhotoUSA, aerial photo, dated 2002.
' Munger Map Book, 1997, California -Alaska Oil and Gas Fields.
' Shurlow, Linda, Riverside County Department of Environmental Health, phone interview,
August 16, 2002.
Track hrfo Services LLC, Environmental FirstSearch Report, dated August 16, 2002,
United States Geologic Survey, 7.5 minute White Water, California Quadrangle, 1955, photo-
revised 1988.
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EARTH SYSTEMS SOUTHWEST
JT
�7777
'
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q
B Mi
-Ir
B IA
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IF
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i IF
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It
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Base Map:USGS 7-1/2' Quadrangle, White Water, California, 1957,Photo-revised 1988.
LEGEND Figure 1 - Site Location
Site Boundary Proposed Land Swap
San Gorgonio Pass Property
i Project Number: 08780-01
Scale: I" = 2000'
Earth Systems
0 2000 4000 Southwest
7
M •va•
Ir
w F i
�q,FIT
Y
I LEGEND Figure 2 - Site Layout
-::— Site Boundary Proposed Land Swap
Dirt Trail San Gorgonio Pass Property
Project Number: 08780-01
I N Approximate Scale: 1" = 800'
�- Earth Systems
0 800 1600 �� Southwest
3�'�h:+5ri
Photo 1. View toward southwest from northeast of the site.
Site is at the base of the hills in the background
at the center of the photograph. Note the off-site
barrier made of tires in middle foreground.
1
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Photo 2. Typical view of topography in northern portion of
the site. View is to the southwest. Snow Canyon
is in the background.
Earth Systems
�� Southwest
1
TRACK >'1N 0 SERVICES, LLC
Environmental FirstSearchTm Report
TARGET PROPERTY:
SE OF SNOW CRK , HWY
' PALM SPRINGS CA 92262
Job Number: 08781-01
PREPARED FOR:
' Earth Systems Southwest
' 79-81113 Country Club Drive
' Bermuda Dunes, CA 92201
08-15-02
Em-kcaL uental
FIRSTS
' Tel: (619) 562-4842 Fax: (619) 562-4844
Environmental FirstScarch is a registered trademark of FirstSearch Technology Corporation.All rights reserved.
' Environmental FirstSearch
' Search Summary Report
Target Site: SE OF SNOW CRK , HWY
PALM SPRINGS CA 92262
' FirstSearch Summary
Database Sel Updated Radius Site 1/S 1/4 1/2 1/2> ZIP TOTALS
' NPL Y 05-08-02 1.00 0 0 0 0 0 0 0
CERCLIS Y 05-08-02 0.50 0 0 0 0 - 0 0
RCRA TSD Y 06-08-02 0.50 0 0 0 0 0 0
' RCRA COR Y 06-08-02 1.00 0 0 0 0 0 0 0
RCRA GEN Y 06-08-02 0.25 0 0 0 0 0
ERNS Y 12-31-01 0.12 0 0 - - - 0 0
State Sites Y 10-25-00 1.00 0 0 0 0 0 0 0
Spills-1990 Y 01-15-02 0.12 0 0 0 0
SWL Y 08-06-02 0.50 0 0 0 1 - 1 2
Permits Y 12-11-01 0.12 0 0 - - - 0 0
1 Other Y 01-11-01 0.12 0 0 - - _ 0 0
REG UST/AST Y 05-23-02 0.25 0 0 0 0 0
Leaking UST Y 07-11-02 0.50 0 0 0 0 - 0 0
-TOTALS- 0 0 0 1 0 1 2
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Notice of Disclaimer
Due to the limitations,constraints,inaccuracies and incompleteness of government information and computer mapping data currently available
to TRACK Info Services,certain conventions have been utilized in preparing die locations of all federal,state and local agency sites residing in
TRACK Info Services'databases.All EPA NPL and state landfill sites are depicted by a rectangle approximating their location and size.The
' boundaries of the rectangles represent the eastern and western most longitudes;the northern and southern most latitudes As such,the mapped
areas may exceed the actual areas and do not represent the actual boundaries of these properties All other sites are depicted by a point
representing their approximate address location and make no attempt to represent the actual areas of the associated property Actual boundaries
and locations of individual properties can be found in die files residing at the agency responsible for such information.
1
Waiver of Liability
' rwarrant
TRACK Info Services uses its best efforts to research due actual location of each site,TRACK Info Services does not and can not
accuracy of these sites with regard to exact location and size.All authorized users of TRACK Info Services'services proceeding are
an understanding of TRACK Info Services'searching and mapping conventions, and agree to waive any and all liability claims
with search and map results showing incomplete and or inaccurate site locations.
1 Environmental FirstSearch
Site Information Report
Request Date: 08-15-02 Search Type: COORD
' Requestor Name: Kirsten Murch Job Number: 08781-01
Standard: ASTM FILTERED REPORT
Target Address: SE OF SNOW CRK, HWY
' PALM SPRINGS CA 92262
Demographics
Sites: 2 Non-Geocoded: 1 Population: NA
Radon: NA
' Site Location
' Degrees(Decimal) Deerees(Miu/Sec) UTMs
Longitude: -116.65929 -116:39:33 Eastiing: 531501.286
' Latitude: 33.900391 33:54:1 Northing: 3750969.729
Zone: I 1
Comment
Comment:
IAdditional Requests/Services
Adjacent ZIP Codes: 1.00 Mile(s) Services:
l ZIP
Code City Name ST DisNDir Sel Requested? Date
92282 WHITE WATER CA 0.15 NE y Sanborn N
92561 MOUNTAIN CENTER CA 0.01 SE y Aerial Photographs N
Topo Maps(hardcopy) N
I City Directories N
Title Search N
Municipal Reports N
Online Topo Map N
1
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' Environmental FirstSearch
' Selected Sites Summary Report
TARGET SITE: SE OF SNOW CRK,HWY JOB: 08781-01
' PALM SPRINGS CA 92262
TOTAL: 2 GEOCODED: 1 NON GEOCODED: 1 SELECTED: 2
ID DB Type Site Name/ID/Status Address Dist/Dir Map ID
I S WL CALTRANS HIGHWAY I I I MAJOR WIT 0.1 MILE EAST OF SNOW CREEK RD 0.40 NE 1
' SWIS33-TI-1080/TO BE DETERMINED PALM SPRINGS CA 92401
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iEnvironmental FirstSearch
' Selected Sites Summary Report
TARGET SITE: SE OF SNOW CRK,HWY JOB: 08781-01
' PALM SPRINGS CA 92262
TOTAL: 2 GEOCODED: 1 NON GEOCODED: 1 SELECTED: 2
' ID DB Type Site Name/ID/Status Address
Dist/Dir Map ID
2 SWL SCE PALM SPRINGS UNPERMITTED WTF APN 0522-060-002 N.OF SNOW CR NON GC
' SWIS33-TI-I154/ABANDONED PALM SPRINGS CA
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' Environmental FirstSearch -
ec .25 Mile Radius
ASTM Map: RCRAGEN, ERNS, UST FIRSTS'
SE OF SNOW CRK , HWY , PALM SPRINGS CA 92262
1
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Source: 1999 U.S. Census TIGER Files
Target Sttc (Lali le 11"'111 Lonphide -11111121, .._
' Identified Site,Multiple Sites,Rec ptor.. . ... . ..... ® Q
NPL,Solid Waste Landfill(SWL)or ULa d,� Waste .. ....
Railroads.. .. - . .... e
' Black Rings RepresmL 1/4 Mile Radii, Rad ILng Represents 500Il Radms
' Environmental FirstSearch
E¢virorw�v
eo .5 Mile Radius FIRSTSWl
ASTM Map: CERCLIS, RCRATSD, LUST, SWL
SE OF SNOW CRK , HWY , PALM SPRINGS CA 92262
7
I s,�
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ISource: 1999 US. Census TIGER Files
Target Site (Latitude 11.100191 Longitude -I1165929)....
' Identified Site,Multiple Sites,Receptor. . . .. _.. ® A
NPL,Solid Waste Landfill(SWL)or H.wvdous Waste...._ ....... . _.
Railroads .... .... . .. o
IBlack Ring Represent 1/4 Mile Radii; Red Ring Represents 500 ft Radius
' Environmental FirstSearch
w..fr..... Wl '-" -.
er � 1 Mile Radius FIRSTS `
ASTM Map: NPL, RCRACOR, STATE Sites ir� AL
SE OF SNOW CRK , HWY , PALM SPRINGS CA 92262
ra t
oam
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� SRO
1 BF
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ISource: 1999 U.S. Census TIGERTdes
Target Site (LattNde'33"I'll Longil4de:-111 65921) . ._
IIdentified Site,Multiple Sites,Receptor....._ ® A
NPL,Solyd Waste LaldEU(SWL)or Rw doLL Waste.. ... ..___..
Rmlroads ... .. .... . . ��
IBlack Rings Represent 1/4 We Radii, Red Ring Represents 500 ft Radius
I
' Environmental FirstSearch
' Site Detail Report
TARGET SITE: SE OF SNOW CRK,HWY JOB: 08781-01
' PALM SPRINGS CA 92262
SOLID WASTE LANDFILL SITE
' SEARCH ID: 1 DIST/DIR: 0.40 NE MAP ID: 1
' NAME- CALTRANS FIGHWAY I I I MAJOR WTF REV: 08/24/00
ADDRESS: 0.1 MILE EAST OF SNOW CREEK RD.OFF I t I IDl: SWIS33-TI-1080
PALM SPRINGS CA 92401 ID2.
RIVERSIDE STATUS: TO BE DETERMINED
CONTACT: PHONE:
SITE OPERATOR INFORMATION:
' Operator: Caltrans
Operator Address: 464 West 4th Street San Bernardino CA 92401-1400
Permit Date:
Permit Status:
Land Use Name:
' GIS Source for LAT and LONG: GPS
SITE ACTIVITY INFORMATION-
Activity: Major Waste Tire Facility
Accepted Waste: Tires,Trres,Passer.ger,Tires,Truck
Operational Status: Inactive
J Regulatory Status Pre-regulations
Closure Date:
Closure Type:
Permitted Throughputwith Units: Tires
Permitted Capacity with Units: Tires
I Remaining Capacity with Units(landfills only):
Permitted Total Acreage: 9
Permitted Disposal Acreage:
Last Tire Inspection Count: 8000
I Last Tire Inspection Count Date. 36517
Original Tire Inspection Count:8000
Last Tire Inspection Count Date: 12123199
Inspection Frequency: None
JSITE OWNER INFORMATION:
Owner: Caltrans
Owner Phone:
Owner Address: 464 West 4ih Street
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lSelected Site Details Page- 1
J
Environmental FirstSearch
' Site Detail Report
TARGET SITE: SE OF SNOW CRK,IIWY JOB: 08781-01
' PALM SPRINGS CA 92262
SOLID WASTE LANDFILL SITE
' FNAME,
ID: 2 DIST/DIR: NON GC MAP ID:
' SCE PALM SPRINGS UNPERMITTED WTF REV: 03/21/00
ADDRESS: APN 0522-060-002 N.OF SNOW CREEK RD. E l: SWIS33-TI-1154
PALM SPRINGS CA ID2:
RIVERSIDE STATUS: ABANDONED
CONTACT: PHONE:
1 Activity: Minor Waste Tire Facility
Accepted Waste: Tires
' Operational Status: Clean Closed
Regulatory Status Unperniitted
Closure Date:
Closure Type:
Permitted Throughput with Units: Tires
' Permitted Capacity with Units: Tires
Remaining Capacity with Units(landfills only):
Permitted Total Acreage: 0
Permitted Disposal Acreage:
Last fire Inspection Count: 30
Last Tire Inspection Count Date: 36683
Original Tire Inspection Count:
Last Tire Inspection Count Dale:
Inspection Frequency: None
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Selected Site Details Page-2
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' Environmental FirstSearch
Federal Databases and Sources
' NPL: National Priority List, The EPA's list of confirmed or proposed
Superfund sites. Source: Environmental Protection Agency_
1 Updated quarterly.
CERCLIS: Comprehensive Environmental Response Compensation and
Liability Information System. The EPA's database of current and
potential Superfund sites currently or previously under investigation.
' Source: Environmental Protection Agency.
Updated quarterly.
1 RCRIS: Resource Conservation and Recovery Information System. The EPA's
database of registered hazardous waste generators and treatment,
storage and disposal facilities. Included are RAATS (RCRA
Administrative Action Tracking System) and CMEL (Compliance Monitoring &
Enforcement List) . Source: Environmental Protection Agency.
RCRA TSD: Resource Conservation and Recovery Information System
Treatment, Storage, and Disposal Facilities. The EPA's database of
RCRIS sites which treat, store, dispose, or incinerate hazardous
waste. This information is also reported in the standard RCRIS
detailed data.
RCRA COR: Resource Conservation and Recovery Information System
Corrective Action Sites. The EPA's database of RCRIS sites with
reported corrective action. This information is also reported in the
standard RCRIS detailed data.
IRCRA GEN: Resource Conservation and Recovery Information System
Large and Small Quantity Generators. The EPA's database of RCRIS
sites that create more than 100kg of hazardous waste per month or
-� meet other RCRA requirements. Included are RAATS (RCRA
Administrative Action Tracking System) and CMEL (Compliance
Monitoring & Enforcement List) .
RCRA NLR: Resource Conservation and Recovery Information System
sites No Longer Regulated. The EPA's database of RCRIS sites that
create less than 100kg of hazardous waste per month or do not meet
other RCRA requirements.
All RCRA databases are Updated quarterly.
IERNS: Emergency Response Notification System. The EPA's database of
emergency response actions. Source: Environmental Protection Agency.
IUpdated quarterly.
RELEASES: Air and Surface Water Releases. A subset of the EPA's ERNS
database which have impacted only air or surface water.
Updated semi-annually.
I
NPDES: National Pollution Discharge Elimination System. The EPA's
database of all permitted facilities receiving and discharging
Updated semi-annually.
' FINDS: The Facility Index System. The EPA's Index of identification
numbers associated with a property or facility which the EPA has
investigated or has been made aware of in conjunction with various
' regulatory programs. Each record indicates the EPA office that may
have files on the site or facility. Source: Environmental Protection
Agency.
' Updated semi-annually.
IRIS: Toxic Release Inventory System. The EPA's database of all
' facilities that have had or may be prone to toxic material releases.
Source: Environmental Protection Agency.
Updated semi-annually.
ACEC: Areas of Critical Environmental Concern. This database contains
' state and federally designated areas of environmental concern such as
endanged species habitats, protected open spaces, parks, conservation
areas and wildlife preserves. It also contains contact information for
threatened and endangered species. Source: U.S. Fish and Wildlife
Services, Ecological Services Offices; State GIS Departments.
Updated periodically.
Floodplains: 100 year and 500 year flood zone boundaries for select
counties in the United States. Source: Federal Emergency Management
JAgency (FEMA) .
This database will be updated as new data becomes available.
Receptors: 1995 TIGER census listing of schools and hospitals that may
house individuals deemed sensitive to environmental discharges due to
their fragile immune systems.
Historic Sites: National Register of Historical Places Database. The
nation's official list of cultural resources worthy of preservation.
Properties listed include districts, sites, buildings, structures, and
objects that are significant in American history, architecture,
_ archeology, engineering, and culture. Source: National Park Service.
IUpdated yearly.
Wetlands: U.S. Fish and Wildlife Service produces information on the
characteristics, extent, and status of the Nation's wetlands and
deepwater habitats. This data is available for select areas of the
United States. Source: U.S. Fish and Wildlife Service, National
IWetlands Inventory.
This database will be updated as new data becomes available.
JFed Land Use: Federal Land data includes information from the following
government agencies including Bureau of Indian Affairs, Bureau of
Reclamation, Bureau of Land Management, Department of Defense, Forest
Service, Fish and Wildlife Service, National Park Service, and the
Tennessee Valley Authority. This database also contains data regarding
lwild and scenic rivers. Source: USGS.
1
CUPA DATABASES & SOURCES
(DB TYPE = US (UNDERGROUND STORAGE TANKS)
DEFINITION OF A CUPA: A Certified Unified Program Agency (CUPA) is a
local agency that has been certified by the CAL EPA to implement six
state environmental programs within the local agency's jurisdiction.
These can be a county, city, or JPA (Joint Powers Authority) . This
program was established under the amendments to the California Health
and Safety Code made by SB 1082 in 1994.
A Participating Agency (PA) is a local agency that has been designated
by the local CUPA to administer one or more Unified Programs within
their jurisdiction on behalf of the CUPA. A Designated Agency (DA) is an
' agency that has not been certified by the CUPA but is the responsible
local agency that would implement the six unified programs until they
are certified.
' Please Note: Track Info Services, LLC collects and maintains information
regarding Underground Storage Tanks from majority of the CUPAS and
Participating Agencies in the State of California. These agencies
typically do not maintain nor release such information on a uniform or
consistent schedule; therefor, currency of the data may vary. Please
look at the details on a specific site with a UST record in the First
Search Report to determine the actual currency date of the record as
provided by the relevant agency. Numerous efforts are made on a regular
basis to obtain updated records.
ALAMEDA COUNTY CUPA'S
* County of Alameda Department of Environmental Health
* Cities of Berkeley, Fremont, Hayward, Livermore / Pleasanton, Newark,
Oakland, San Leandro, Union
I ALPINE COUNTY CUPA
* Health Department (Only updated by agency annually)
AMADOR COUNTY CUPA
* County of Amador Environmental Health Department
7 BUTTE COUNTY CUPA
J * County of Butte Environmental Health Division (Only updated by agency
biannually)
CALAVERAS COUNTY CUPA
J * County of Calaveras Environmental Health Department
COLUSA COUNTY CUPA
* Environmental Health Dept.
CONTRA COSTA COUNTY CUPA
* Hazardous Materials Program
DEL NORTE COUNTY CUPA (US)
* Department of Health and Social Services
y ELDORADO COUNTY CUPA'S* County of E1 Dorado Environmental Health -
ISolid Waste Div (Only updated by agency annually)
* County of E1 Dorado EMD Tahoe Division
(Only updated by agency annually)
FRESNO COUNTY CUPA
* Haz. Mat and Solid Waste Programs
GLENN COUNTY CUPA
* Air Pollution Control District
HUMBOLDT COUNTY CUPA (US)
* Environmental Health Division
IMPERIAL COUNTY CUPA (US)
* Department of Planning and Building
INYO COUNTY CUPA (US)
* Environmental Health Department
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' KERN COUNTY CUPA (US)
* County of Kern Environmental Health Department
* City of Bakersfield Fire Department
KINGS COUNTY CUPA (US)
* Environmental Health Services
' LAKE COUNTY CUPA (US)
* Division of Environmental Health
LASSEN COUNTY CUPA (US)
* Department of Agriculture
' LOS ANGELES COUNTY CUPA'S (US)
* County of Los Angeles Fire Department
* County of Los Angeles Environmental Programs Division
* Cities of Burbank, E1 Segundo, Glendale, Long Beach/Signal Hill, Los
Angeles,Pasadena, Santa Fe Springs, Santa Monica, Torrance, Vernon
MADERA COUNTY CUPA (US)
* Environmental Health Department
' MARIN COUNTY CUPA (US)
* County of Marin Office of Waste Management
* City of San Rafael Fire Department
MARIPOSA COUNTY CUPA (US)
* Health Department
MENDOCINO COUNTY CUPA (US)
* Environmental Health Department
MERCED COUNTY CUPA (US)
* Division of Environmental Health
MODOC COUNTY CUPA (US)
* Department of Agriculture
MONO COUNTY CUPA (US)
* Health Department
MONTEREY COUNTY CUPA (US)
* Environmental Health Division
I NAPA COUNTY CUPA (US)
* Hazardous Materials Section
NEVADA COUNTY CUPA (UST)
* Environmental Health Department
ORANGE COUNTY CUPA'S (US)
* County of Orange Environmental Health Department
* cities of Anaheim, Fullerton, Orange, Santa Ana
J * County of Orange Environmental Health Department
PLACER COUNTY CUPA (US)
* County of Placer Division of Environmental Health Field Office
* Tahoe City
I * City of Roseville Roseville Fire Department
PLUMAS COUNTY CUPA (UST)
* Environmental Health Department
RIVERSIDE COUNTY CUPA (US)
* Environmental Health Department
SACRAMENTO COUNTY (US)
* County Environmental Mgmt Dept, Haz. Mat. Div.
I SAN BENITO COUNTY CUPA (US)
* City of Hollister Environmental Service Department
SAN BERNARDINO COUNTY CUPA'S (US)
* County of San Bernardino Fire Department, Haz. Mat. Div.
I * City of Hesperia Hesperia Fire Prevention Department
City of Victorville Victorville Fire Department
SAN DIEGO COUNTY CUPA (US)
I * The San Diego County Dept. of Environmental Health HE 17/58
SAN ERANCISCO COUNTY CUPA (US)
* Department of Public Health
SAN JOAQUIN COUNTY CUPA (US)
* Environmental Health Division
I
SAN LUIS OBISPO COUNTY CUPA'S (US)
* County of San Luis Obispo Environmental Health Division
' * City of San Luis Obispo City Fire Department
SAN MATEO COUNTY CUPA (US)
* Environmental Health Department
' SANTA BARBARA COUNTY CUPA (US)
* Co Fire Dept Protective Services Div
SANTA CLARA COUNTY CUPA'S (US)
* County of Santa Clara Hazardous Materials Compliance Division
' * Santa Clara Cc Central Fire Prot. Dist. (Covers Campbell, Cupertino,
Los Gatos, & Morgan Hill)
* Cities of Gilroy, Milpitas, Mountain View, Palo Alto, San Jose Fire,
Santa Clara, Sunnyvale
t SANTA CRUZ COUNTY CUPA (US)
* Environmental Health Department
SHASTA COUNTY CUPA (US)
* Environmental Health Department
SIERRA COUNTY CUPA (US)
* Health Department
SISKIYOU COUNTY CUPA (US)
' * Environmental Health Department
SONOMA COUNTY CUPA'S (US)
* County of Sonoma Department Of Environmental Health
* Cities of Healdsburg / Sebastapol, Petaluma, Santa Rosa
STANINSLAUS COUNTY CUPA (US)
* Dept. of Env. Rsres. Haz. Mat. Div.
SUTTER COUNTY CUPA (US)
I * Department of Agriculture
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ENVIRONMENTAL FIRST SEARCH
1 CALIFORNIA DATABASES (DB) AND SOURCES
CAL SITES: DB TYPE = ST (STATE SITES)
1 Source: The CAL EPA, Depart. Of Toxic Substances Control
Phone: (916) 323-3400
The CAL EPA Department of Toxic Substances Control (DISC) maintains a
1 database of information on properties (or sites) in California where
hazardous substances have been released, or where the potential for such
release exists. The types of properties in the CALSITES database are
categorized as: Annual Work Plan, Backlogged Properties, certified /
1 De-listed Sites, No Further Action, Preliminary Endangerment Assessment
in Progress, Preliminary Endangerment Assessment Required, Removal
Action Required, Expedited Remedial Action Program, Voluntary Cleanup
1 Program, Deed Restricted Properties, and Referred Properties. For more
information on individual sites call the number listed above.
CORTESE: DB TYPE = ST (STATE SITES)
1 Source: The CAL EPA, Department of Toxic Substances Control
Phone: (916) 445-6532
Pursuant to Government Code Section 65962.5, the Hazardous Waste and
Substances Sites List has been compiled by Cal/EPA, Hazardous Materials
Data Management Program. The CAL EPA Dept_ of Toxic Substances Control
compiles information from subsets of the following databases to make up
the CORTESE list:
I1. The Dept. of Toxic Substances Control; contaminated or potentially
contaminated hazardous waste sites listed in the CAL Sites database.
Formerly known as ASPIS are included (CALSITES formerly known as ASPIS) .
I 2. The California State Water Resources Control Board; listing of
Leaking Underground Storage Tanks are included (LTANK)
3. The California Integrated Waste Management Board; Sanitary Landfills
which have evidence of groundwater contamination or known migration of
hazardous materials (formerly WB-LF, now AB 3750) .
Note: Track Info Services collects each of the above data sets
I individually and lists them separately in the following First Search
categories in order to provide more current and comprehensive
information: CALSITES: SPL, LTANK: LUST, WB-LF: SWL
I SWIS SOLID WASTE INFORMATION SYSTEM: DB TYPE = SW
(SOLID WASTE RELATED SITES)
Source: The Integrated Waste Management Board Phone: (916) 255-2331
IThe California Integrated Waste Management Board maintains a database on
solid waste facilities, operations, and disposal sites throughout the
state of California. The types of facilities found in this database
I include landfills, transfer stations, material recovery facilities,
composting sites, transformation facilities, waste tire sites, and
closed disposal sites. For more information on individual sites call the
number listed above.
INote: This database contains poor site location information for many
sites in the First Search reports; therefore, it may not be possible to
locate or plot some sites in First Search reports.
I
I
' WMUDS: DB TYPE = SW (SOLID WASTE RELATED SITES)
Source: The State Water Resources Control Board
Phone: (916) 227-4365
The State Water Resources Control Board maintained the Waste Management
' Unit Database System (WMUDS) . It is no longer updated. It tracked
management units for several regulatory programs related to waste
management and its potential impact on groundwater. Two of these
programs (SWAT & TPCA) are no longer on-going regulatory programs as
described below. Chapter 15 (SC15) is still an on-going regulatory
program and information is updated periodically but not to the WMUDS
database. The WMUDS System contains information from the following
agency databases: Facility, Waste Management Unit (WMU) , Waste
' Discharger System (WDS) , SWAT, Chapter 15, TPCA, RCRA, Inspections,
Violations, and Enforcement's.
Note: This database contains poor site location information for many
' sites in the First Search reports; therefore, it may not be possible to
locate or plot some sites in First Search reports.
ORANGE COUNTY LANDFILLS: DB TYPE = SW (SOLID WASTE RELATED SITES)
Source: Orange County Health Dept. Phone: (714) 834-3536
LUSTIS: DB TYPE = LU (LEAKING UNDERGROUND STORAGE TANKS)
Source: The State Water Resources Control Board
Phone: (916) 227-4416
The State Water Resources Control Board maintains a database of sites
I with confirmed or unconfirmed leaking underground storage tanks.
Information for this database is collected from the states regional
boards quarterly and integrated with this database.
J SAN DIEGO COUNTY LEAKING TANKS: DB TYPE = LU
(LEAKING UNDERGROUND STORAGE TANKS)
Source: San Diego County Dept. of Environmental Health
-I Phone: (619) 338-2242
Maintains a database of sites with confirmed or unconfirmed leaking
underground storage tanks within its HE17/58 database. For more
I information on a specific file call the HazMat Duty Specialist at phone
number listed above.
SLIC REGIONS 1 - 9: DB TYPE = SP (SPILLS-90)
Source: The CAL EPA Regional Water Quality Control Boards 1 - 9
The California Regional Water Quality Control Boards maintain report of
I sites that have records of spills, leaks, investigation, and cleanups.
For phone number listings of departments within each region visit their
web sites at: http: //Ww .swrcb.ca.gov/regions_html
ISAN DIEGO COUNTY HE17 PERMITS: DB TYPE = PE (PERMITS)
Source: The San Diego County Depart. Of Environmental Health
Phone: (619) 338-2211
I The HE17/58 database tracks establishments issued permits and the status
of their permits in relation to compliance with federal, state, and
local regulations that the County oversees. It tracks if a site is a
hazardous waste generator, TSD, gas station, has underground tanks,
I violations, or unauthorized releases. For more information on a specific
file call the HazMat Duty Specialist at the phone number listed above.
I
' SAN BERNARDINO COUNTY HAZARDOUS MATERIALS PERMITS: DB TYPE = PE
(PERMITS)
Source: San Bernardino County Fire Dept. Phone: (909) 387-3080
Handlers and Generators Permit Information Maintained by the Hazardous
Materials Div.
LA COUNTY SITE MITIGATION COMPLAINT CONTROL LOG: DB TYPE = OT
(OTHER UNIQUE DATABASES)
Source: The Los Angeles County Hazardous Materials Division
' Phone: (323) 890-7806
The County of Los Angeles Public Health Investigation Compliant Control
Log
' ORANGE COUNTY INDUSTRIAL SITE CLEANUPS: DB TYPE = OT
(OTHER UNIQUE DATABASES)
Source: Orange County Environmental Health Agency
' Phone: (714) 834-3536
AST ABOVEGROUND STORAGE TANKS: DB TYPE = US (UNDERGROUND STORAGE TANKS)
Source: The State Water Resources Control Board
Phone: (916) 227-4364
The Above Ground Petroleum Storage Act became State Law effective
January 1, 1990. In general, the law requires owners or operators of
AST's with petroleum products to file a storage statement and pay a fee
by July 1, 1990 and every two years thereafter, take specific action to
prevent spills, and in certain instances implement a groundwater
monitoring program. This law does not apply to that portion of a tank
facility associated with the production oil and regulated by the State
Division of oil and Gas of the Dept. of Conservation.
SWEEPS / FIDS STATE REGISTERED UNERGOROUND STORAGE TANKS: DB TYPE = US
Source: CAL EPA Dept of Toxic Substances Control
Phone: (916)227-4404
Until 1994 the State Water Resources Control Board maintained a database
of registered underground storage tanks statewide referred to as the
SWEEPS System. The SWEEPS UST information was integrated with the CAL
EPA's Facility Index System database (FIDS) which is a master index of
information from numerous California agency environmental databases.
That was last updated in 1994. Track Info Services included the UST
information from the FIDS database in its First Search reports for
historical purposes to help its clients identify where tanks may
possibly have existed. For more information on specific sites from
individual paper files archived at the State Water Resources Control
Board call the number listed above.
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' EARTH SYSTEMS SOUTHWEST
QUALIFICATIONS STATEMENT FOR ENVIRONMENTAL WORK
' The principals of the Earth Systems companies have been consulting for an average of over
20 years, and the combined staff numbers nearly 100. Earth Systems' multidisciplinary
professional staff has extensive experience with and education in chemistry, geology,
' geophysics, hydrogeology, mechanical engineering, civil engineering, mapping, soil science,
drafting, and surveying. Our senior project and staff professionals include Certified Engineering
Geologists, Registered Geologists, Registered Environmental Assessors and Professional
' Engineers. These professionals are highly qualified, holding an average of two registrations
and/or certifications in their area of expertise. To continue to meet our commitment to technical
expertise, Earth Systems considers it essential to train our personnel in the latest scientific
' advancements in assessment and mitigation techniques. This involves continuing education in
the form of training seminars, literature reviews, and pertinent conferences to remain abreast of
recent developments in this complex and rapidly changing field.
' The attached resumes describe the credentials of the professionals who perfonned field, research
and/or report preparation work on the project.
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EARTH SYSTEMS SOUTHWEST
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Earth Systems Southwest
' SCOT A. STORMO, RG, CHG, REA II
Vice President
Associate Geologist/Hydrogeologist
' QUALIFICATIONS
Registered Geologist, State of California, 1990 (No. 4826)
' Certified Hydrogeologist, State of California, 1995 (No. 204)
California Registered Environmental Assessor(REA II), 2001 (No. 20166)
California Registered Environmental Assessor(REA I), 1990 to 1995 (No. 2356)
OSHA 40-Hour HAZWOPER Course,Hazardous Materials and Site Investigations
(OSHA 29 CFR 1910.120[e]), 1987, 8-hour refresher courses taken annually
Princeton Groundwater, 1994
' Short course: Groundwater Pollution and Hydrology
National Ground Water Association, 2000
Short Course: Geophysics for Environmental and Groundwater Applications
M. S. Geology, State University of New York at Stony Brook, 1984
B. S. Geology, California Lutheran College, Thousand Oaks, California, 1981
' PROFESSIONAL EXPERIENCE
1997 to present Vice President Earth Systems Southwest
Bermuda Dunes
1991 to 1997 Senior Geologist Dames &Moore
' Spokane,Washington
Ontario, California
1989 to 1991 Senior Project Geologist Exceltech, Inc.
Irvine, California
1986 to 1989 Staff Geologist Leighton&Associates
Riverside, California
1985 to 1986 Consulting Geologist Epoch Well Logging
IVentura, California
Employed with Earth Systems' Bermuda Dunes office since 1997, Mr. Stonno is manager of our
-� envirommental services department. In this capacity, he directs all aspects of our environmental
operations including performing water resource evaluations, and conducting investigations into the
presence, source, and extent of hazardous materials and contaminants in soil and groundwater. Mr.
1 Stormo has been providing geologic and hydrogeologic consulting services to a wide variety of clients
since 1985. His involvement with contaminated sites has included performing numerous investigations
related to landfills, leaking underground storage ranks, and properties of industrial, commercial,
educational, residential, and agricultural usage. He has also been active in water supply and groundwater
protection evaluations, providing advice to water supply organizations, Indian tribes, and governmental
agencies. As a registered hydrogeologist, his expertise includes groundwater modeling and groundwater
plume evaluations.
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Scot A. Stormo page 2
continued
HIGHLIGHTS OF RESPONSIBILITIES AND EXPERIENCE
t • Conducts groundwater and surface water supply evaluations involving assessment of both quantity
and quality.
' • Develops watershed management,monitoring and protection strategies.
• Performs water quality monitoring of both surface water and groundwater resources.
• Conducts preliminary site assessments (Phase I) entailing site reconnaissance, historical research,
' regulatory agency records and database searches, aerial photograph review, and final report
preparation.
• Performs site characterizations (Phase II) entailing subsurface exploration, sampling of soil and
groundwater, chemical analyses of samples, evaluation of laboratory data, preparation of final report
including recommendations for remediation.
• Designs and implements remediation programs such as groundwater monitoring and sampling;
delineation of contaminant plumes; monitoring well installation and developments; in situ and above
ground bioremediation systems; vapor extraction and soil venting systems; thermal/catalytic
oxidation; and groundwater extraction, air shipping, activated carbon filtration,bioreactors.
• Conducts investigations of surficial contaminants such as lead, cadmium, chromium, zinc, copper
and pesticides.
• Directs landfill investigations which include cover analysis and risk assessment.
• Performs risk evaluations and feasibility studies involving calculating mobility and potential impact
' of subsurface contaminants.
• Evaluates release scenarios using computer modeling and fate and transport simulations.
• Assesses and evaluates potential geologic hazards such as faults, liquefaction, and landslides.
• Provides expert witness and consultation services.
SELECTED MAJOR PROJECT EXPERIENCE
' Water Resources Projects
• Remote Mountain Community. Mr. Stormo evaluated the long-term use and availability of
' groundwater for a remote mountain community. Included a review of historic water levels and
recharge rates, and identification of preferred drilling locations based on the geology of the site.
• Proposed Residential Subdivision. Mr. Stormo provided hydrogeologic expertise on a water
' availability study for a proposed residential subdivision that will rely on groundwater.
• FDA Spring Certifications. Mr. Storm has provided hydrogeologic expertise for spring certification
reports on several properties throughout California in preparation for developing these sites as spring
water sources.
• Proposed "Spring" Site. Mr. Stormo performed an in-depth evaluation of a reported spring site to
identify the nature of the "spring." The physical setting, geochemistry, and soil stratigraphy were
evaluated, including the use of geophysical techniques to probe the subsurface. Concluded that the
' "spring"was not a natural feature.
• Watershed Evaluation and Management Projects.for Indian Tribe. Mr. Stormo has been the senior
consultant and project manager for the development and implementation of two watershed evaluation
' and management programs. These activities have included: 1) identifying and quantifying
wastewater sources in the watershed; 2) gaging stream flows and water quality in the major drainage
of the watershed; 3) design of surface water sampling programs and development of Quality
' Assurance Project Plans; 4) design and installation of monitoring wells to evaluate water quality in
the three water-bearing aquifers; and 5) data evaluation and report preparation.
• Salt Water Intrusion Study. Mr. Stormo managed the installation of five wells to evaluate the
potential for salt water intrusion into the upper aquifer adjacent to the Salton Sea.
' Scot A. Stormo page 3
continued
• Water Source Studies. Mr. Stormo evaluated the chemistry of waters at several sites to identify the
source(s) of surface and groundwaters. The evaluations included comparisons of major and trace
element geochemistries in on-site and potential off-site water sources. These projects were
conducted in support of legal proceedings.
Hazardous Materials Projects
• Industrial Park Environmental Assessment. Mr. Stormo was project manager for this assessment
twhich involved research of current and past uses and practices, collection and analysis of soil and
groundwater samples, and removal of underground storage tanks. Additionally, the project involved
asbestos assessment and abatement, development of an asbestos management plan, and assessment of
metallic dust residues.
• Former Above-Ground Storage Tank and Pipeline Facility. Mr. Stormo managed the environmental
investigation of this facility. He evaluated whether the facility contributed contaminants to a
' regionally extensive groundwater plume emanating from a nearby refinery. This involved
differentiating between gasoline and diesel fuel in soil samples, estimating the extent of weathering
of the hydrocarbons, and evaluating whether BTEX compounds were migrating upward through the
' soil as vapors.
• Law Suit Involving Pre-Existinng Contamination. Mr. Stormo was project manager, principal
geologist and expert witness in a law suit involving pre-existing contamination on a former service
t station property with numerous prior owners, operators and adjacent spills. He evaluated prior
remedial activities for appropriateness; evaluated likelihood of upgradient sources; used computer
modeling, and fate and transport simulations to evaluate the likelihood of various release scenarios;
and, developed cost estimates for clean-up.
• Groundwater Contamination at Two Landfills. Mr. Stormo was field manager and chief author of an
investigation of the extent of groundwater contamination at two landfills. The project included well
installation, aquifer testing, groundwater modeling, risk assessment, and remedial alternatives
' evaluation.
• Phase I and H Investigations and Leaking UST's. Mr. Stormo was involved in numerous
investigations related to leaking underground storage tanks and hundreds of environmental site
' assessments (Phase I Investigations) of industrial, commercial, residential, agricultural, and vacant
properties, with follow-up (Phase R Investigations) of the sites identified as potentially contaminated.
• Bunker C. Fuel Oil Spill. Mr. Stormo authored the Vacuum Extraction Pilot Test and the Soil
' Column Bioventing and Surfactant Flushing Treatability Study pertaining to this site. He performed
data analyses and provided geochemical consulting services.
• Groundwater Contamination Plnane Geochennical Evaluation. Mr. Stormo evaluated the chemistry
' of a groundwater contamination plume involving solvents. He used an analysis of the relative
concentrations of the two primary contaminants to identify three separate plumes with distinctive
chemical signatures. He then delineated plume boundaries, mixing zones, and probable source areas.
• Metal Working Facility Airborne Contaminant Investigation. Airborne metallic dusts such as lead,
cadmium, and chromium were the primary concern at this site. As project manager and principal
investigator, Mr. Stormo performed ambient air sampling and surficial dust sampling and analysis,
and used the isotopic concentrations of the lead and the ratios of the various metals in the different
media,to identify the source of the airborne materials.
PROFESSIONAL AFFILIATIONS
' National Ground Water Association
Association of Ground Water Scientists and Engineers
' Association for Environmental Health and Sciences