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HomeMy WebLinkAbout05884 - RENDER, DODRILL & MARTINEZ TRUST R/W ACQUISITION FOR INDIAN AVE I-10 INTCHG DOCUMENT TRACKING Page:1 Report: One Document Detail December 16,2009 Condition: Document Number a5884, Document# Description Approval Date Expiration Date Closed Date A5884 Acquisition of Right-of-Way Package 13 of 15 10/1512008 Company Name, Render, Dodrill &Martinez Trust Address: Group; ENGINEERING Service: In Process xRef; MARCUS FULLER (760)323.8160 Ins.Status; Certifcate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid kdh Council appvd Item 21.Res 22365 1011512008 kdh to CA for sig 10/21/2009 kdh to Marcus for recording 11/02/2009 kdh escrow instrto Marcus 11118/2009 kdh to CM for Sig 1012212009 kdh 2009 0625855 Grant Deed IN FILE 1210412009 kdh 2009 0625856 Quitclaim Deed IN FILE 1210412009 ******ENDOFREPORT****** DOG # 2009-0525855 12/04/2009 08:00q Fee:NC Page 1 of 12 Recorded in official Reoerds County of Riverside RECORDING RE91JESTED BY I Larry W,IWardd Stewart Title — k�'el—cdE_ Assessor, County Clerk Recordcr WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII Attn: James Thompson — ---- City Clerk S R U PAGE SIZE DA MISC LONG RFO COPY CITY OF PALM SPRINGS 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 M A L 465 426 PCCR CO (SMF NCH SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 GRANT DEED APN: 666-330-061,666,330-062, 666-330-063, 666-330-070, 666-330-071 and 666-330-072 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007 AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT- IN- COMMON; DAVID R. DODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998, AS AMENDED, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT- IN-COMMON; AND DENISE K. MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998, AS RESTATED, AS TO AN UNDIVIDED ONE-THIRD (113) INTEREST AS A TENANT- IN-COMMON, hereinafter called "Grantor" hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantors remaining property in and to said freeway. 6517961 The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: 'jam Id . �,boq GRANTOR: Diane D. finder w t ated March 27, 2007 By `. Diane D. Render, Trustee David Dodrill Trust dated December 14, 1998 By; c�52t W-E David R. Dodrill, Trustee Denise K. Martinez Trust dated December 29, By: oerflse K. Martine , Tr 651796 1 ASSESSOR'S PARCEL NO.'S 666-330-061, 666-330-063, Exhibit "A" 666-330-070, 566-330-071, & 666-330-072, PARCEL 21503-1 For State Highway purposes, that portion of Parcels 7, 8,.and 9 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows.- BEGINNING at the Northwest corner of said Parcel 9; thence (1) along the Northerly line of said Parcels 7,8 and 9 and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, S,89037'23"E., 114,075 meters to an angle point in the Northerly line of said Parcel 7 and said Right-of-Way line; thence (2) continuing along said Northerly line of Parcel 7 and said Right-of-Way line, S34°4456"E., 25.312 meters to the Northeast corner of said Parcel 7; thence-(3) leaving said Right-of-Way line along the Easterly line of said Parcel 7 5.09'5651"E„ 17.638 meters; thence (4) leaving said Easterly line from a tangent which bears 5.84°41'37"E_, Westerly along a 63,000 meter radius curve to the left, through a central angle of 00002'55", an arc length of 0.053 meters; thence (5) N.84044'33"W., 144.983 meters to a point in the Westerly line of said Parcel 9; thence (6) along said Westerly line N.16°22'08"E_, 7,452 meters to the POINT OF BEGINNING. Page t of 3 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description-are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200, Area = 1,858.1 sq. meters, 0.1858 hectares PARCEL 21503-2 TOGETHER with that portion of said Parcel 7 per said Parcel Map 21921 more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 7, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline); thence (1) leaving said Right-of-Way line along the Easterly line of said Parcel 7 N.13'51'40"E., 5,064 meters to an angle point therein; thence (2) N,09°5651"W., 0.242 meters; thence (3) leaving said Easterly line N.76'09'08'VV„ 0.671 meters; thence (4) S.13`50'52'W-, 6285 meters to the Southwesterly line of said Parcel 7 and said Northeasterly Right-of-Way line; thence (5) along said Southwesterly line and said Northeasterly Right-of-Way line S 76`06'20"E. 0.767 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. Page 2 of 3 The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200, Area = 4 8 sq. meters, 0,0005 hectares Michael A. Havener, PLS 7354 Date Exp. 12-31-09 \,pND s 14=5�Qti�A.yq�G�GFo r` LP No.7354 q Page 3of3 EXHIBIT " 1329 'D1' LNE I1\1 T�2'E')T A Tr 10 (CS MAP 204-•483) PREVIOUS CALTRANS R/W APPROXIMATE LOCATION OF & ACCESS CONTROLLINE AS SHOWN ON ASSESSOR SHEET 666-33 —330-072 666-710 NEW CALTRANS R/W 6fi6�330�p7D �r�j & ACCESS CONTROL , 12/� rJ, 9 215D3-1 j� ,C�� • F 1,as6.1 SQ. M. 666-330-063 (0,185a >' +, / NOTE: FOR TABULATED LINE AND HECTARES) Jr�rj, 1 N 1� CURVE DATA SEE SHEET 2 f-) p 666-330-061 r� r) r+ r P A CJ 7 21503-2 SEE DETAIL `A° THIS SHEET 7 N LAND A n/`T_fV r r'1 q rJ 1/ `D w a f f 1, EXP. 31 DEC 09 {y zY �v 4i 21503-2 's>• �q 6 b 4-8 50. M. qTF OF CA0�0�� ^ (O.00055� HECTARES) LEGEND P.O.B. STATE RIGHT—OF—WAY ACQUISITION �SE COR. TOTAL AREA = 1,863 SO. METERS �'�� PAR. 7 (0.1663 HECTARES) _ 3 7g 82 � T ACCESS PROHIBITED O.767 m E 0� coT -y. prly PREVI US ACCESS PM P POINT OOF BEGINNING CONTROL EOr "G` P� �168�318M1z3 R/W RIGHT—OF—WAY DETAIL "A" NOT TO SCALE O ARE IN METERS UNLESS OTHER' CAT( OF PALM SPRINGS PAR. ND. 21503-1 & 21503-2 OTHERWISE MSE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES 6Y 3937/1200. OATE:4-14-09 SHEET I OF 2 SHEETS (CS MAP 204-483) N E v F 21503-1 N ie 013. PREVIOUS CALTRANS R/W ti 1,858.1 Sq, M. PAR. 9� k ACCESS CONTROL 2 N (0.1858 HECTARES) S 84'44'56" E C S 89'37'23" E �114.076 m - r 25.312 m J 54100 m - 3.541 m- f/� `63.445 m 666--330- �68fi-330-071 16,513 m N 84'44'33" W 35,408 m `b w 43.131 11 N� / 144.983 m I m � f NEW CALTRANS R/WJ 7 666-330I 070 f f J _ & ACCESS CONTROL C _ /� APPROXIMATE LOCATION OFF SEE DETAIL •g' r� I r� FRr 9 LINE AS SHOWN ON ASSESSOR THIS SHEET 656-330-063 SHEET 666-33 n R R-A^l, 8 PAri, 7� 0 r 660-330-061 0 a car " pM 16p/18-z3 PAR ` e l��R�` LO`r• ip Ad p &j166�/182 3 U fa.zaa L Lor " PE�? $km C60) R1w PER REC. 2129, PU 162/1 g_ AI)G 6 1 Z 50 23� 1 21503-1 43.131 m E 144.983 m n N 84'44'33" W L6 PAF3, 7 r I Q I F ,�ri. TABULATED LINE DATA o I I LINE GEARING LENGTH z I v 14 kq Lt S 9'S6 I E 11 17.638 m _FTAIL OR �x L2 I N 9'56'51" W 1100.725 m NOT TO SCALE DISTANCES ARE IN METERS UNLESS CITY l OF PALM SPRINGSPAR. N0, 21503-1 & 21503-2 OTHERWISE NOTED. MULTIPLY OISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED 9Y: KA IMH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:4-14-09 4LLET 2 OF 2 SHEETS ACKNOWLEDGEMENT STATE OF CALIFORNIA } ss. COUNTY OF 4Ij 0j1jrjp ,, ) v On D&r• /d,_doo6l bef.Qqre me, J + �Wr�cV% Notary Public, personally appeared J i(Ane 1 . E9n(�QSr _ who proved to me on the basis of satisfactory evidence to be the person( whose nameks) is/aV6 subscribed to the within instrument and acknowledged to me that h, fshe/tI dy executed the same in hik/her/th6ir authorized capacity(io), and that by Wher/thiiir signature( on the instrument the person($), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mar hand and official seal. 5ti Signature ' My Commission Expires: 0-7—I3 --a 0 le-1 This area for official notarial seal J.BUR70N Cammi:sloPuEln 11BO63M K61yCo Nohry lc-CANONS lw Anpdes County mm. R IMIJul13 2012 G51]9(,1 .cLdGf� �ncyixu�;ar��_� yFA 3VJ 3r;4,6'a a,rux3 mmc7 M ^ i � o.�s�-ir+war+r�awrrwrcW ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF )On a c)ocq , before me, T B UHOIn Notary Public, personally appeared -- _ ])aVt( , who proved to me on the basis of satisfactory evidence to be the personw whose named) is/afe subscribed to the within instrument and acknowledged to me that he/sXe/tVcy executed the same in his/hjr/t[) it authorized capacity(io), and that by his/her/tFy�ir signatureO on the instrument the person(,), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- WITNESS my hand and official seal. Signature My Commission Expires: O3-a01 L This area for official notarial seal J.Ounrax AEM Comminlob 11$M10 Bbtuy Public-WOWS OWS Lot AHPI49 C$ueb Comm. Jul1 1 651796 1 �Fmr�ati�r�'[�,r�Gw'.*aYrr+':,a�.:��,•��Wd�MiWckvF.i�nrb to�Y.fib ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF On M4 O09 , before me, — .� . •3 Icy Notary Public, personally appeared h , c' i who Proved to me on the basis of satisfactory evidence to be the person( whose name( is/ark subscribed to the within instrument and acknowled ed to me that h�/she/ executed t(�e same in hys/her/thy it authorized capacity(ip!) and that by hi6/her/t it signatureo) on the instrument the person/), or the entity upon behalf of which the person(Vacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and f iicial seal. Signature My Commission Expires: This area for official notarial seal IL �.eunrall Co ary Pub PuWCOMM IsomM Natuy k•C � LAi AnpolM County Co m.Fa aidol IS,2012 G5I79G 1 �M+dti7�r�a7wt�fl�urWlYt�Lh'sAl:� ��rr9"sl;r:: • ivGM��•,s&:girt qq. . OF PALM S � City of Palm Springs V X Office of Elie City Clerk cO"°°RArea ` }200 E.'luliquia Canyon Way • Palm Springs, California 92262 C"9(1FO@z�P Tel: (700) 323-8204 • Fax: (760) i22-S�32 • Wch: www.palmsprings-cagov A5884 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described; Land described in Exhibit "A" APN: 666-330-061, 666-330-062, 666-330-063, 666-330-070, 666-330-071, and 666-330-072 dated: October 12, 2009, from, DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT-IN-COMMON; DAVID R. DODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998, AS AMENDED, AS TO AN UNDIVIDED ONE-THIRD (113) INTEREST AS A TENANT-IN-COMMON; AND DENISE K. MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998, AS RESTATED, AS TO AN UNDIVIDED ONE- THIRD (1/3) INTEREST AS A TENANT-IN-COMMON, Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 2No day of November, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer, Dated at Palm Springs, California, this 2ND day of November, 2009. J MES THOMPSON ity Clerk Posy Office Box 2743 1 Palm Springs, California 92263-2743 PENALTY OF PER.7tTR'Y FOR NOTARY SEAL. GOVERNMENT CODE 27361.7 I certify under the penalty of perjury Chat the Notary Seal on the document ro which this statement is attached reads as follows: MAIM OF NOTARY nAT c llssloN E�IREs J4)/ PLACE OF EXECUTION J. G ;t� ��7N /P r DATE: 2- Q (Signature) mpm tuRbim, V.p. STEWART TITLE OF CALIFORNIA, INC. , Inland Empire Division, a Ca. core. (Firm name—if any) ❑OC # 2009-0625856 12/04/2009 08:00ii Fee:NC Page 1 of 9 Retarded in Official Records RECORDING REQUESTED BY County of Riverside SteWart Title ,� �t/z Larry W. Ward Assessor, County Clerk L Retarder WHEN RECORDED RETURN TO: III �� III IIII �� �� II III Attn- James Thompson City Clerk s R U PAGE SIZE DA MISC LONG RFD COPY CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way �\ Palm Springs, CA92262 M A L 465 426 PCGR NCCR �vF 'NCH rxCm _U T: CTY UNI I 12.xxx\120408\001PG\COjw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 r, QUITCLAIM DEED r r)//Oct APN: 666-330-061 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922 THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007 AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT-IN- COMMON; DAVID R. DODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998, AS AMENDED, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT-IN-COMMON; AND DENISE K, MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998, AS RESTATED, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT-IN-COMMON, hereby REMISES, RELEASES AND QUITCLAIMS to: CITY OF PALM SPRINGS, a municipal corporation, the following property in the County of Riverside, State of California, described as: See Exhibit "A" and "B" attached hereto and made a part hereof TOGETHER with: 6517961 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record- 3- Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: 00 V b OZ' 1�, cIOO GRANTOR: By-, D. Render , st dat�Mar� 27, 2007 y: f lllll rl�0 YEE, Diane D. Ren er, Trustee David Dodrill Trust dated December 14, 1998 By: avrr$�f{ tL��`I�i"¢e David R. Dodrill, Trustee Denise K. Martinez Trust dated December 29, 1998--` / l B` 4, , 4, D ise K. Martine , Trus e 651 79G 1 QUITCLAIM Exhibit"A" (Adjoining APN 666-330-061) That portion of Lot "H" dedicated for public street purposes per Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northeast corner of said Lot "H"; thence (1) along the Easterly line of said Lot"H" S 13°51'40W, 0.457 meters to the Southeast corner of said Lot"H" (12.954 meters Northeasterly, as measured at right angles from centerline of Garnet Avenue); thence (2) along the Southwesterly fine of said Lot "H" N.76QD8'20"VV., D.767 meters'; thence (3) leaving said Southwesterly line of Lot"H" N.13150'52"E., 0.457 meters to the Northeasterly fine of said Lot°H and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline)"; thence (4) along said Northeasterly Right-of-Way line and the Northeasterly line of Lot"H" 5,76008'20"E., 0.767 meters to the POINT OF BEGINNING: The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6_ To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200 Area = 0.351 sq. meters, 0.0000 hectares �.91.A�d SG Michael A. Havener, PLS 7354 Date tzras�o9 Exp. 12-31-09 � No.7354� �g lF Of CA1\F EXHIBIT " B49 rrr��� 1Jr p .fr'1, r PAR, J F,A �, J r' l ! J 666-33G-061 6 n � R/W PER PMB 162/18-23 FOB. COR. w LOT 1,,PfR LOT "H' a pMe 7fizh8_23 ~ S 76p820" E n G , rr LOT H, 267 rp ci y C ( N A PER(PCMB 1 fi2h8�p3 D¢37 16. �"L 0,7672 U 2272g (G. R/W P� LOT G7fiV$2p` {Y AO& 6 PG .09 PER 1J57 O R REG PMB 16pLd /l8_23 Ld sr J/4 JPGD, JJ ,D� AtyDHgyfi�F LEGEND ' ' � QUITCLAIM AREA EXP, 31 DEC 09 AREA = 0.351 SZ METERS (0.0000 HECTARES) T Y m s9 N°• 735kpF4, P.O.B. POINT OF BEGINNING x DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N0, OTHERNnSE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. OATL 4-1-09 SHEET 1 OF 1 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF On 6p (a 6Cg , before me, " J - ) I a lb Notary Public, personally appeared — �I f�1 )C. 7. ���I�Ir — who prov d to me on the basis of satisfactory evidence to be the person(,-4 whose name is/ay subscribed to the within instrument and acknowledged to me that h6/she/)hfey ex cuted the same in his/her/their authorized capacity(gs), and that by his/her/th& signature(4 on the instrument the person(, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal J.BURMH rLla Commission s 1H106960 Notary public-Castor60 Los Anpslss County Comm.BRIM Jul 13.2C12 �, k. = �J' "�Y1�+AFu'Mc4T'y ak"�rn'A:A xx�,,'�.��4M�^"y�M ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF g 0 ) On _LI._ Idiclocq before me, l^ Notary Public, personally appeared ]� I ( who proved to me on the basis of satisfactory evidence to be the person( whose name is/afe subscribed to the within instrument and acknowledged to me that he/sVe/th y executed the same in his/hVr/th#ir authorized capacity(i s), and that by his/176r/ttAr signature( on the instrument the person(o, or the entity upon behalf of which the person(E 'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature I My Commission Expires: This area for official notarial seal - - - - - - - - - - - - - - - - - - J.6UIITCN Commission•1806360 Notary public-Cs0lomit Lot Anptlet County Comm.Wires Jul 13,2012 651796 1 fgrnsmadFwlTk"-�'io.�+dc.^y W Wr.1�eAY�O+i #1g1��F�R�F'7�P+�P�'ef�rei..^+•�rm.wr^'o-�xY1. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF O a ) On Jaj40 14 before me, —Q - bQv-bV) Notary Public, personally appeared -- J e V AAa ±-n e_2 _ , who prod to me on the basis of satisfactory evidence to be the personf ) whose name is/a a subscribed to the within instrument and acknowledged to me #hat f7�/she/t 1 executed the same in hkher/th�r authorized capacity(i6s), and that by ly(s/her/tt�ir signatureV on the instrument the person01 or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Aj I� Signature My Commission Expires: 0-7_ 13-c)0 Ion This area for official notarial seal J.BURTON Commission r 1806360 NOnty PO611C-Ci111OmN Los Angeles County Le y COmm.g! ins Jul13.2012 ROW. 1-10 and Indian Interchange 651796 1 9xik.d+3....�r::.=xw��r�T_r.]r]FtlurT.�:fly �la'P('i +"��7 �8�+!"�1r`^Mf^�qlE"a'roue�.,.,,rwlr�rr�w.nvwF^.,q:;-,.a,.q_.. f ?ALA OF \11�,5ep c City ®f Palm Springs * Office of Elie Ciry Clerk M1 3 °APoxhro 1200 6.'I:1hCjU1tZ Canyon Way • Palm $prm;f5, C.JiForni.i 92262 FO Tcf: (760) 323-9201 • Fax (760) 322-9332 • Web www.pahnspungs-ca gov(�� A5884 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by QUITCLAIM DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-330-061 dated: October 12, 2009, from, DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT-IN-COMMON; DAVID R. DODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998, AS AMENDED, AS TO AN UNDIVIDED ONE-THIRD (113) INTEREST AS A TENANT-IN-COMMON; AND DENISE K. MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998, AS RESTATED, AS TO AN UNDIVIDED ONE- THIRD (1/3) INTEREST AS A TENANT-IN-COMMON, Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 2No day of November, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 2No day of November, 2009. MFS TMOMPSON City Clerk Posi Office Box 2743 0 Palm Springs, California 92263-2743 PENALTY OF PER-TORY FOR NOTARY SEkL GCVEP.W-• ST CODE 27361.7 I terrify under the penalty of perjury chat the Notary Seal oo the document to which this statemeat is attached reads as follows: NAME OF NOTARY DATE CUMKISSION EXPIRES J J! 1 7 2`) 'M 401 (S ion PLACE OF EXECUTION DATE- 2 -2 - 0 F v Signature) N0 r2 BURDICK, V.P, STEWART TITLE OF CALIFORNIA, INC_ , 'Inland 'Empire Di.v'isiom, a Ca. Corp. CFirm name•-i. any) — CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: Ill — Indian Avenue Interchange PARCELS: 21503-1 and 21503-2 APNs. 666-330-061 through 063 and 666-330-070 through 072 OWNER: Diane D. Render, Trustee of the Diane D. Render Trust dated March 27, 2007, David R. Dodrill, Trustee of the David Dodrill Trust dated December 14, 1998 and Denise K. Martinez, Trustee of the Denise K Martinez Trust dated December 29, 1998 The CITY OF PALM SPRINGS hereby makes you an offer of Two Hundred Twenty Thousand Dollars ($220,000) as the purchase price for a portion of the land known as Assessor's Parcel Numbers 666-330-061 through 063 and 666-330-070 through 072, identified as Parcels 21503- 1 and 21503-2. You are not required to vacate your property until payment of the purchase price has been made available to you. Your signature on the Offer to Purchase is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO PURCHASE, BUT MERELY AN OFFER TO PURCHASE FOR THE AMOUNT INDICATED ABOVE, WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROV Dated: David H. Read y ager Received a copy of the above offer this a day of 0&�bye. 20 0 9 Diane D r U t d to Mar h 27, 2007 APPROVE[]P` CITY COUNCIL By i i . l7(1JLO Diane D Render, Trusteg David Dodrill Trust dated December 14, 1998 AMC By: 1Z David R. Dodrill, Trustee cojw Denise I<.SM rtinez Tr st dated D cembrr 29, 1998 J� 10127/08 �\ -..., By.rS,'7 001PG �De Tise K. Martinez, st, e 12 XXX ROW: 1-10 and Indian Interchange 651796 1 Project: 1-10 and Indian Avenue Interchange Project No.: 001 PG APN: 666-330-061 through -063 and 666-330-070 through -072 Parcels. 21503-1 and 21503-2 AGREEMENT FOR ACQUISITION OF REAL. PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of L?c -�v b4"t- J-2 , 2001, by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007, DAVID R. DODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998 AND DENISE K. MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998 ("Seller"), with reference to the following facts. RECITALS A. Seller is the owner of certain real property comprised of approximately one hundred seventy-nine thousand, twenty nine square feet (179,029) square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), designated by CalTrans Parcel Numbers 21503-1 and 21503-2, which is a portion of Assessor's Parcel Numbers 666-330-061 through -063 and 666-330-070 through -072, more particularly described and depicted on Exhibits A and B attached hereto. The property interest being acquired also includes the abutters rights and access rights as described and depicted on Exhibits A and B attached hereto and collectively referred to as the "Property B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller the Property, in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1. PURCHASE AND SALE. 1.1, Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Property. As used herein the "Property" shall include the real property identified on Exhibit A and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement 1 ROW, 1-10 and Indian Interchange Render, Dodnll, and Martinez Trusts, etc., et at,, LLC 611706 1 rights, rights to half widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. 1.2, Purchase Price. The purchase price ("Purchase Price") for the Property shall be Two Hundred Twenty Thousand Dollars ($220,000) payable as cash at closing. 2. ESCROW AND CLOSING. . 2.1. Opening of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with Stewart Title, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 22. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Property which arise in this Escrow, including but not limited to, transfer taxes, recording, and title costs. 2.3. Closing_ Date; Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before October 30, 2009 (the "Closing Date"). As used in this Agreement, the "Close of Escrow" shall mean the date a Grant .Deed, as provided in Section 2.42(a) hereof ("Grant Deed"), is recorded in the Official Records of the County. In the event Escrow fails to close for any reason on said date and the parties have not mutually agreed in writing to extend such date, this Agreement shall terminate. 2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Property are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; and 2 ROW, 1-10 and Indian Interchange Render, Dadrill, and Martinez Trusts, etc., et al., LLC 651796 1 (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement, and (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue in a material respect as of the Close of Escrow; and (d) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Property, subject only to the Permitted Exceptions. 2.3.2 Conditions to Seller's_Obligations. The Close of Escrow and Seller's obligation to sell and convey the Property are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2 and deposited in Escrow at least one day prior to the Close of Escrow; and (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2A. Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed in the form of Exhibit D. 2.4.2 Seller's Deposits. Seller shall deposit: ,3 ROW: 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc., et al., LLC 651796.1 (a) The Grant Deed in the form of Exhibit C attached; and (b) The Quitclaim Deed in the form of Exhibit G attached hereto and incorporated herein; and (c) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit E attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (d) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement. 2.5. Closing. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1985, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Property less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Property as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be ' responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed in the Office of the County Recorder of the County,(ii) pay any transfer taxes, (iii) instruct the County Recorder to return the Grant Deed to Buyer, (iv) instruct the County Recorder to return the Relinquishment of Access Deed to the Buyer, (v) distribute to Seller the Purchase Price, and (vi) deliver to Buyer the Title Policy covering the Property subject only to the Permitted Exceptions, 4 ROW: 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc., et al., LLC 651796 1 the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Real Estate Taxes. Seller shall pay real property taxes at the Close of Escrow, paid through Escrow proceeds, based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. Seller may seek reimbursement from the Riverside County Tax Assessor's office for any property taxes that have been assessed for a period after the Close of Escrow as Buyer is a public agency exempt from payment of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary information to the Assessor's office in connection with such request for refund. 2.5.4 Title and Possession. Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions. 2.6. Failure to Close: Termination. 2.6.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 2.7. As-Is. Buyer represents and warrants to Seller that Buyer has independently and personally inspected the Property and that Buyer has entered into this Agreement based upon such personal examination and inspection, subject to Seller's representations and warranties and covenants under this Agreement. Buyer agrees that it shall accept the Property at Close of Escrow in its then condition AS-IS, WHERE-IS, and WITH ALL FAULTS ACCEPTED, including without limitation, those faults and conditions specifically referenced in this Agreement. Buyer acknowledges that neither Seller nor its agents have made any representation or warranty, except for those set forth in this Agreement, express or implied, written or oral to Buyer or any agent of Buyer with respect to any matters concerning the Property. Buyer acknowledges that except as set forth in this Agreement, any oral or written information supplied by Seller to Buyer in respect to the Property was intended by Seller, and has been used by Buyer, solely as a basis for Buyer to conduct its own investigation and analysis of the Property and Buyer has not relied on any such written or oral information supplied or provided by Seller to Buyer. 5 ROW: 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc, et al , LLC 651796 1 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Stewart Title (the "Title Company") will furnish Buyer with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". It shall be the sole responsibility of Buyer to work with the Title Company to remove any Disapproved Exceptions, and if unsuccessful shall either purchase the Property subject to the Disapproved Exceptions or terminate the Agreement. 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company) (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policv. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Possession and Use. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Property by the Buyer, including the right to remove and dispose of improvements, shall commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for such possession and use. 3.4, Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall 6 ROW: 1-10 and Indian Interchange Render, Dodnll, and Martinez Trusts, etc., et al., LLC 651796 1 timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations. Warranties and Covenants. Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Seller and, upon delivery to and execution by Buyer, shall be a valid and binding Agreement of Seller. 4.1.2 Leases. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.3 No Untrue Statements or Omissions of Fact. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow and shall survive the Close of Escrow for a period of one (1) year therefrom. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects 7 ROW: 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc, et al , LLC 651796 1 on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow and shall survive the Close of Escrow for a period of one (1) year therefrom. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.2.3 Environmental Disclosure. Buyer acknowledges receipt of the letter provided by Seller dated October 22, 2001, from Marina Robertson, a California Registered Geologist, to the California Regional Water Quality Control Board regarding petroleum staining at the Property. 4.2.4 Remainder Parcel. A tentative or parcel map is not required for this transaction and acquisition of the Property pursuant to California Government Code § 66428(a)(2). The legal description for Seller's remainder parcel shall be as set forth in Exhibit F attached hereto and incorporated herein which legal description has been certified by an engineer. This remainder Parcel shall be a separate legal parcel with the initial APNs 666-330-061, 666-330-062, 666-330-063, 666-330-070, 666-330- 071, and 666-330-072, which APNs may be subsequently changed at the discretion of the Riverside County Assessor. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the City of Palm Springs and/or the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under s ROW, 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc., et al., LLC 651 795 I this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable aftorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7- GENERAL PROVISIONS. 7.1, Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 7.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 7.3. Entire Aareement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. 7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7.6. Severability- If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder 9 ROW. 1-10 and Indian Interchange Render, podrill, and Martinez Trusts, etc., at at,, LLC 6517961 of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 7.7. Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7.9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is fled or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 10 ROW, 1.10 and Indian Interchange Render, I]odrill, and Martinez Trusts, etc., et al., LLC G517W,I 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next- day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: James Thompson City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 With a copy to: Attn: Craig Olsen Right-of-Way Acquisition Agent County of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 Facsimile No.: (951) 955-4840 Telephone No.: (951) 955-4828 If to Seller, to: Render, Dodrill, and Martinez Trusts, etc., et al., LLC Attn: Diane Render 314 North Shaffer Street Orange, CA 92866 Facsimile No.: (714) 288-9339 Anthony Ciasulli, Esq. Morgan, Lewis & Bockius, LLP 300 South Grand Avenue, 22od Floor Los Angeles, CA 90071-3132 Phone Number. (213) 612-1324 Fax: (213) 612-2501 E-mail address- aciasulli@morganlewis.com If to Escrow Holder, to: Attn: Grace Kim Stewart Title 2010 Main St., Suite 220 Irvine, CA 92614 Facsimile No.: (714) 242-9886 Telephone No.: (949) 224-8606 11 ROW: 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, eto., et al.. LLC 6517961 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 7.13. Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 7.14 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. [SIGNATURE PAGE FOLLOWS] 12 ROW: 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc., et al., LLC 651796 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written, BUYER: SELLER: CITY OF PALM SPRINGS, a municipal Diane D. Render Trust dated March 27, corporation, 2007 By: 4�F�r By: David H. Rea t ager Diane D. Render, rustee ATTEST: David Dodrill Trust dated December 14, 1998 By. James Thompson, City Clerk By: - David R. Do n I, Trustee APPROVED AS TO FORM: Denise K. Martinez Trust dated December WOODRUFF RADLIN & SMART 29;199 By enise K. Martin ,z, Tr tee D ugla . Holland, Esq., City Attorney Exhibit List APPROVED BY CITY COUiJCIL Exhibit A Legal Description of the Property Exhibit B Depiction of Property Exhibit C Form of Grant Deed Exhibit D -- Form of Certificate of Acceptance Exhibit E -- Affidavit of Non-foreign Taxpayer Status Exhibit F - Legal Description of Seller's Remainder Parcel Exhibit G - Form of Quitclaim Deed 13 ROW, 1-10 and Indian Interchange Render, Dodrill, and Martinez Trusts, etc , et al , LLC 651796 1 ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code §18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: STEWART TITLE By. Name- Its: 6917961 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ROW 1-10 and Indian Interchange 651196 1 ASSESSOR'S PARCEL NO.'S 666-330-061, 666-330-063, EXhibit "A" 666-330-070, 666-330-071, & 666-330-072, PARCEL 21503-1 For State Highway purposes, that portion of Parcels 7, 8, and 9 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows.- BEGINNING at the Northwest corner of said Parcel 9; thence (1) along the Northerly line of said Parcels 7,8 and 9 and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204- 83, S.8P37'23"E., 114.076 meters to an angle point in the Northerly line of said Parcel 7 and said Right-of-Way line; thence (2) continuing along said Northerly line of Parcel 7 and said Right-of-Way line, S.84544'56"E., 25,312 meters to the Northeast corner of said Parcel 7; thence (3) leaving said Right-of-Way line along the Easterly line of said Parcel 7 S.09°56'51"E., 17.638 meters; thence (4) leaving said Easterly line from a tangent which bears S.84°41'37"E., Westerly along a 63.000 meter radius curve to the left, through a central angle of OY02'55", an arc length of 0.053 meters; thence (5) N.84044'33"W., 144.983 meters to a point in the Westerly line of said Parcel 9; thence (6) along said Westerly line N.16122'08"E., 7.452 meters to the POINT OF BEGINNING. Page t of 3 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description-are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 1,858.1 sq. meters, 0.1858 hectares PARCEL 21503-2 TOGETHER with that porrion of said Parcel 7 per said Parcel Map 21921 more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 7, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline); thence (1) leaving said Right-of--Way line along the Easterly line of said Parcel 7 N.13"51'40"E., 6.064 meters to an angle point therein; thence (2) N.09"56'51"W., 0.242 meters; thence (3) leaving said Easterly line N,76"09'08"W., 0.671 meters; thence (4) S 13"50'52"W., 6,285 meters to the Southwesterly line of said Parcel 7 and said Northeasterly Right-of-Way line; thence (5) along said Southwesterly line and said Northeasterly Right-of-Way fine S 76"08'20"E. 0.767 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. Page 2 of 3 The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200, --_,- Area = 4.8 sq. meters, 0.0005 hectares Z�az 14- y- I N• 07 Michael A. Havener, PLS 7354 Date Exp. 12-31-09 yea�Fnp SLR N No,735d q qT Q� FDA' CAG�F� Page 3 of 3 EXHIBIT T1B 'DI" LINE �N rPIRITATlr, -10 (CS MAP 204—,83) PREVIOUS CALTRANS R/W APPROXIMATE LOCATION OF & ACCESS CONTROL LINE AS SHOWN ON ASSESSOR SHEET 666-33 �.. —330-072 666-710I NEW CALTRANS R/W 666-330_07 , r & ACCESS CONTROL Y E4 \\ l� 121503--1 �r1Ti, c ,858.1 SO. M. 666-330-063 (0,1858 r `, _! NOTE FOR TABULATED LNE AND HECTARES) CURVE DATA SEE SHEET 2. f' r7 r7 656-MO-061 r �n. b pllkpl' J 215p3-2 l SEE DETAIL "A" THIS SHEET p s o � O� GA ia5 EV A. H,��PF, y E g cn EXP. 31 DEC 09 21503-2 4-8 S0. M. '7�,A'o. 75S'O¢'`'' E (0.0005 HECTARES) ` 11 6 LEGEND P.O.B. QSTATE RIGHT-OF-WAY ACQUISITION �SE COR. TOTAL AREA � 1,863 SO. METERS �`f�` PAR. 7 (0.1863 HECTARES) 0767 20 F T ACCESS PROHIBITED m ti cor H' PREP0.6- r POINT US ACCESS OF BEGINNING CONTROL LOT •0� PER PM 162T@PER p'w sZ318-23 R/W RIGHT--OF-WAY DETAIL. "A" NOT TO SCALE DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : 21503--1 & 21503-2 OTHERWISE NOTED, MULTIPLY DISTANCES BY 1.00002594 TO DETAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT. 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. OATE:4-14-09 ISHEET I OF 2 SHEETS U\17�-RS7r17r-- 1C a (CS MAP 204-483) r 21 003-1 NB.W. COR. PREVIOUS CALTRANS R/W 1,858.1 SR. M. PAR, 93 ACCESS CONTROL 2 N f (0.1858 HECTARES) 1� }, 4.4'58- E � S 89'37'23" E �114.076 m S 84. 1� - � r 25.372 m' 64-0 2 m - 3.541 63.445 m 666-330-072 666-330-071 16,513 m N 84-44'33^ W "r .38.4D6 m .� r N J 144.983 m 43.131 m NEW CAL TRANS R/Wf 1 666-330-070 I� _ & ACCESS CONTROL [ �� iAIR, J0 P,IV JjP2/ 188-23 r 2 n APPROXIMATE LOCATION OF~ SEE DETAIL rr�l-L 9 LINE AS SHOWN ON ASSESSOR THIS SHM7 � 666-330-063 SHEET 666-33 P AIP-L 8 r JJrfl, - � o c LOT • . 666-330-061 0 pRR P M �6z/t8-23 R/w R \ Lot 41 pp�218z/18_23 _ 162/16 23 EbvV PER RL COC2�90 pG/ O9 LOT y^ PER pU r6Z/18�23 1957 O,R. RW 21503--1 43,137 m .� 744-983 m N 84'44'33- W r n r-] _/ >Jr' 1r!a l E NI M4h N IW q r 1 a n o I r'1 rri r1 TABULATED LINE DATA 01 I UNE BEARING LENGTH z I a o o Ll S 9'56'S1" E 17-638 m t Ep TAIL "B 1 2; L2 1 N 9.56'51" W 100.725 m NOT TO SCALE DISTANCES ARE IN METERS UNLESS CITY l Q� �/1� SPRINGS PAR NO. . 21503-1 & 21503-2 OTHERWISE NOTED- MULTIPLY DISTANCES BY 1.D0002594 TO OBTAIN GROUND PREPARED 5Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE4-14-09 MEET ? OF 2 SHEET EXHIBIT C FORM OF GRANT DEED RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO; Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S LSE Exempt from recording changes under Government Code§6103 GRANT DEED APN:666-330-061,666.330-062,666-330-063, 666-330-070, 66"30-071 and 666-330-072 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§11922- THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007 AS TO AN UNDIVIDED ONE-THIRD (113) INTEREST AS A TENANT- IN- COMMON; DAVID R. DODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998, AS AMENDED, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT- IN-COMMON; AND DENISE K. MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998, AS RESTATED, AS TO AN UNDIVIDED ONE-THIRD (113) INTEREST AS A TENANT- IN-COMMON, hereinafter called "Grantor" hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantors remaining property in and to said freeway. ROW: 1.10 and Indian Interchange 6317JG 1 The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record, SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record_ Date: GRANTOR: Diane D. Render Trust dated March 27, 2007 By: Diane D. Render, Trustee David Dodrill Trust dated December 14, 1998 By: David R. Dodrill, Trustee Denise K. Martinez Trust dated December 29, 1998 By: Denise K. Martinez, Trustee ROW:I-10 and Indian Interchange 651796 1 ASSESSOR'S PARCEL NO.'$ 566-330-061, 666-330-053, Exhibit "A" 666-330-070, 666-330-071, & 666-330-072. PARCEL 21503-1 For State Highway purposes, that portlon.of Parcels 7, 8, and 9 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County. more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 9; thence (1) along the .Northerly line of said Parcels 7,8 and 9 and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8 RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, S,89°37'230E., 114.076 meters to an angle point in the Northerly line of said Parcel 7 and said Right-of-Way line; thence (2) continuing along said Northerly line of Parcel 7 and said Right-of-Way line, 5.84044'56"E., 25.312 meters to the Northeast corner of said Parcel 7; thence-(3) leaving said Right-of-Way line along the Easterly line of said Parcel 7 S.09'56'51"E., 17.638 meters; thence (4) leaving said Easterly line from a tangent which bears S.84141'37"E., Westerly along a 63.000 meter radius curve to the left, through a central angle of 00002'55", an arc length of 0,053 meters; thence (5) N.84044'33"W., 144 983 meters to a point in the Westerly line of said Parcel 9; thence (6) along said Westerly line N.16°22'08"E_, 7.452 meters to the POINT OF BEGINNING. Page 1 of 3 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 17858 1 sq. meters, 0.1858 hectares PARCEL 21503-2 TOGETHER with that portion of said Parcel 7 per said Parcel Map 21921 more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 7, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline); thence (1) leaving said Right-of-Way line along the Easterly line of said Parcel 7 N.13'51'40"E., 6.064 meters to an angle point therein; thence (2) N.09°56'51"W., 0.242 meters, thence (3) leaving said Easterly line N.76'09'08"W., 0 671 meters; thence (4) 5.13-50'52"W., 6.285 meters to the Southwesterly line of said Parcel 7 and said Northeasterly Right-of-Way line; thence (5) along said Southwesterly line and said Northeasterly Right-of-Way line S 76`06'20"E. 0,767 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway Page 2 of 3 The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 4.8 sq. meters, 0.0005 hectares � .A_ w✓l P � y N 0 Michael A Havener, PLS 7354 Date Exp. 12-31-09 c0 i AND SG U ,I Ito N� N0.7354 Q Page 3 of 3 EXHIBIT B " .D1" LINE 11N7E�FiJ7ATP7 -10 4 (CS MAP 204-483) PREVIOUS CALTRANS R/W APPROXIMATE LOCATION OF ac ACCESS CONTROL LINE AS SHOWN ON ASSESSOR SHEET 666-33 —330-072 666— 30/ NEW CALTRANS R/W 666`331_O7O & ACCESS CONTROL 28583^1, 5B. Sq. M. 666-330 063 8 ' ,� NOTE: FOR TABULATED LINE AND HECTARES) iJr Fit 7 N L� CURVE DATA SEE SHEET 2. 666-330-051 pp tJrSr^I. rJ` �r1r). J np' 21503-2 5EE THISSHEETAX ftl �p LAND SU n o + o ACD . o � EXP. 31 DEC 09 '4j 21503-2 a Ne 5k 4.8 Sq. M. 9TE op- CAL�F04 (0.0005 HECTARES) LEGEND o t STATE `1'r�1Fi, SE CDR. TOTAL AREA -�1,863Y SR. METERS �`ACQUISMON �` PAR- 7 (0.1863 HECTARES) _ T ACCESS PROHIBITED LOp 0.767 2D E — N H, PREVIOUS ACCESS CONTROL LOr G" P� p�R N 16211 P.O.B. POINT OF BEGINNING M 76zrT6-23") 23 R/W RIGHT-OF-WAY DETAIL W NOT TO SCALE DISTANCES ARE IN METERS UNLESS OTHERYiSE NOTED, MULTIPLY DISTANCES CITY OF PALM SPRINGS PAR, NO 21603-1 & 21503-2 BY 1.00002594 TO 09TAIN GROUND PREPARED 6Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE; NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:4-14-09 SHEET 1 OF 2 SHEETS (CS MAP 204-483) ry 21503-1 r 7 N.WBCOR. PREVIOUS CALTRANS R/W �� 1,858.1 5q. M. (0.1858 HECTARES) & ACCESS CONTROL =n g 9 PAR. 9 S 84' S 89'37'23" E �114.076 m 56• E - � r25.312 m , ff- fi4.022 m 3.541 m- `63.443 m 666-330-072 666-330-071 16.513 m IV 84'4433' W 38.408 m r� /} 14d.983 143.131 m m^ NEW CALTRANS R/WJ J m 666-330-070 / _ & ACCESS CONTROL [ r) r APPROXIMATE LOCATION OF SEE DETAIL LINE AS SHOWN ON ASSESSOR THIS SHEET 666-330-063 SHEET 666-33 0 E r r1TF-1, J PAR, a 666-330-061 o COT •�, ran pM rs2/16_23 re/W R P ~ ~ !r�/� pPER M �62/i8�23 RIV I VEAl w�r8,288 lOr H" A PER afi (sad R/W ER REO. &K AG2 6, ,57 S PM r62/18_Z3� ~ rsg OR _ 21503-1 43.131 m E 144 983 m rJN y�84'44'33"/W v 4r n I� 1 rrtl TABULATED LINE DATA LINE BEARING LENGTH p z l u v 14 L1 S 9'56'51' E 1 17.638 m p TAII PR z L2 N 9'56'51" W 1100.725 m NOT TO SCALE DISTANCES ARE IN METERS UNLESS CI7`( OF pAI�J SPRti�GS PAR N0. 21503-1 & 21503-2 OTHERWISE NOTED, MULTIPLY DISTANCES BY 1-00002594 TO OBTAIN GROUND PREPARED BY, KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:4-14-09 HEFT 2 OF 2 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal ROW. 1-10 and Indian Interchange 651,96 1 EXHIBIT D CERTIFICATE OFACCEPTANCF This is to certify that the interest in real property conveyed by Grant Deed from , Grantor, dated , 20_, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the day of 20 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20 ROW: 1-10 and Indian Interchange 651796.1 EXHIBIT E DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Cade provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2, In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is C. The Transferor's address is 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. ROW: 1-10 and Indian Interchange G5179G I 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in County, State of on Transferor; By: Title: ROW:1-10 and Indian Interchange 651796,1 ASSESSOR'S PARCEL NO.'S 666-330-061, 666-330-062, Exhibit"A" 666-330-063, 666-330-070, 666-330-071, &666-330-072 REMAINDER PARCEL Parcels 7, 8, and 9 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County. EXCEPTING THEREFROM those portions of said Parcels 7, 8, and 9 more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 9; thence (1) along the Northerly line of said Parcels 7,8 and 9 and the Southerly Caltrans Right-of-Way fine as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, &89037'23"E., 114.076 meters to an angle point in the Northerly line of said Parcel 7 and said Right-of-Way line; thence (2) continuing along said Northerly line of Parcel 7 and said Right-of-Way line, S.84044'56"E., 25.312 meters to the Northeast corner of said Parcel 7; thence (3) leaving said Right-of-Way line along the Easterly line of said Parcel 7 5,09'56'51"E., 17.638 meters; thence (4) leaving said Easterly line from a tangent which bears S.84041'37"E., Westerly along a 63.000 meter radius curve to the left, through a central angle of 00002'55", an arc length of 0,053 meters; thence (5) N.84044'33"W., 144.983 meters to a point in the Westerly line of said Parcel 9; thence (6) along said Westerly line N.16622'08"E., 7,452 meters to the POINT OF BEGINNING, Page 1 of 2 ALSO EXCEPTING THEREFROM that portion of said Parcel 7 more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 7, said point also being on the Northeasterly Right-of--Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline); thence (1) leaving said Right-of-Way line along the Easterly line of said Parcel 7 N.13`51'40"E., 6.064 meters to an angle point therein; thence (2) N.09956'51"W., 0.242 meters; thence (3) leaving said Easterly line N.76`09'08"W., 0.671 meters; thence (4) S.13050'52"W., 6285 meters to the Southwesterly line of said Parcel 7 and said Northeasterly Right-of-Way line; thence (5) along said Southwesterly line and said Northeasterly Right-of-Way line S 76°08'20"E. 0.767 meters to the POINT OF BEGINNING. The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 14,815 sq. meters (159,467 sq. ft.), more or less. Michael A. Havener, PLS 7354 ' Date J Exp.77J31/oya Exp. 12-31-09 N No,7354 Q 9TFoF CAtiW34�' Page 2 of 2 EXHIBIT " B " P.O.EL 10 N.W. COR. (CS MAP 204-A83) PAR. 9 5 8444'56- E _ S 89'37'23+ E 114.076 m ��25,312 m Z f� _ _ T _ ..__ — T _ —— 666-330-072 / 666-330-071 ~ W I' N 84'4433" yy }r + (1 o 744.983 m J ^' NEW CALTRANS R/W 666-330-070 I/ 2 k ACCESS CONTROL f co C' ld c� `" (� APPROXIMATE LOCATION OFF SEE DETAIL W < PAR, J LINE AS SHOWN ON ASSESSOR SHEET z ii; � SHEET 666--33 k p� fi66-330-063 � w 666-330-062 c 666-330-061 0 0 N 76T1820. H R/W PE12 PM 162118 r r SEE DETAIL B CARNET A 186�S7 m SHEET 2 L * E fi 18za8 q ut P� 6k 272g') R/Iy ro REC. AUO B r 57 OR. FOR TABULATED LINE DATA SEE SHEET 2. y�0 GAND SG A. LEGEND r.� REMAINDER PARCEL TOTAL AREA a 14,B15 $0. METERS EXP. 31 DEC 09 (159,467 SQ. FT.) tr x} -FT-FT-FTT ACCESS PROHIBITED sTq OF CAG FoQ�\� P.D.B. POINT OF BEGINNING *LINE DATA IS INFORMATIVE ONLY, AND R/W RIGHT-OF-WAY DOES NOT TAKE PRECEDENCE OVER THE LOCATION OF FOUND ORIGINAL MONUMENTS DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:10-15-09 BEET 1 OF 2 SHEETS 1 TABULATED LINE DATA NEW CALTRANS R/W 1 LINEBEARING LENGTH & ACCESS CONTROL I L1 1 S 9'56'51" E 17.63$ m Is f 11 144.983 m J I �I N 84'4433" W �rY EEE Li v`n PAR, 1 � I o�M o g Iry AIll Jif 11 x wl o� o 0 DETAIL "A" o NOT TO SCALE o a ///11 ry O PA1, JI N � 'n O Xj Nlk75;, W " :2P /1 r)1 J m� � r f' P.O.B. SE COR. PAR. 7 E � 1 ^ S �sn c Q767 820 f � LEGEND Gg � o R1W P m pM 162/1$_23 RN�r REMAINDER PARCEL ANUS TOTAL AREA = 14,815 Sq. METERS (159,467 SO. FT.) DETAIL "B" NOT TO SCALE '�� ACCESS PROHIBITED P.O.B. POINT OF BEGINNING *LINE DATA IS INFORMATIVE ONLY, AND R/W RIGHT-OF-WAY DOES NOT TAKE PRECEDENCE OVER THE LOCATION OF FOUND ORIGINAL MONUMENTS DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS P� ND. OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARM BY: KA/MH LEVEL DISTANCES, TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:10--15-09 LHEET 2 OF 2 SHEETS EXHIBIT G FORM OF QUITCLAIM DEED RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attu: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 12=4120408\001 PG=jw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 QUITCLAIM DEED APN;666-330-061 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANE D. RENDER, TRUSTEE OF THE DIANE D. RENDER TRUST DATED MARCH 27, 2007 AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT- IN" COMMON; DAVID R. ❑ODRILL, TRUSTEE OF THE DAVID DODRILL TRUST DATED DECEMBER 14, 1998, AS AMENDED, AS TO AN UNDIVIDED ONE-THIRD (1I3) INTEREST AS A TENANT- IN-COMMON; AND DENISE K. MARTINEZ, TRUSTEE OF THE DENISE K. MARTINEZ TRUST DATED DECEMBER 29, 1998, AS RESTATED, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST AS A TENANT- IN-COMMON, hereby REMISES, RELEASES AND QUITCLAIMS to: CITY OF PALM SPRINGS, a municipal corporation, the following property in the County of Riverside, State of California, described as: See Exhibit"A" and "B" attached hereto and made a part hereof 6,1996 1 TOGETHER with.- 1, All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations,' easements, and other matters of record, including, without limitation, all rights as "Declarant' under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: GRANTOR: Diane D. Render Trust dated March 27, 2007 By: Diane D. Render, Trustee David Dodrill Trust dated December 14, 1998 By: David R. Dodrill, Trustee Denise K. Martinez Trust dated December 29, 1998 By: Denise K. Martinez, Trustee 651?%,1 QUITCLAIM Exhibit"A" (Adjoining APN 666-330-061) That portion of Lot"H" dedicated for public street purposes per Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows.- BEGINNING at the Northeast corner of said Lot "H"; thence (1) along the Easterly line of said Lot"H" S_13°51'40"W„ 0.457 meters to the Southeast corner of said Lot"H" (12.954 meters Northeasterly, as measured at right angles from centerline of Garnet Avenue); thence (2) along the Southwesterly line of said Lot "H" N.76008420'VV_, 0.767 meters'; thence (3) leaving said Southwesterly line of Lot"H" N.13050'52"E„ 0,457 meters to the Northeasterly line of said Lot"H and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline)'; thence (4) along said Northeasterly Right-of-Way line and the Northeasterly line of Lot "H" S,760D8'20"E_, D.767 meters to the POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6, To convert meters to the U.S. Survey Foot, multiply distances by 393711200, Area = 0,351 sq. meters, 0.0000 hectares �p1AN0 Sp Fop.t2f31/o� � Michael A. Havener, PLS 7354 Date Exp. 12-31-09 N� No.7354 9��pF GAL�F��c EXHIBIT 2213 " r� /� r� \ ) TPAIJB 666-330-0fi1 n R/W PER PMH 162/18-23 P.O.B N. . E CDR. w Lot PE' LOT PM6 1 sz/18 23 S 76 p8 20 E ^ GAR� z L0T hy� ` � `RP�ER pM6 162118 N �35 57 p ' tlU� 52 AUG 9, (80) R/WF£R LOT C7sn8Z07 E 6, 1957 p R 9 REC E PER PMB 762/1g_23 _I 4 S 5F r S r, �a j\/L - �p�cZ -AND A �R����n �'A LEGEND EXP. 31 OEC 04 'r 4QUITCLAIM AREA $r tr AREA = 0.351 SQ. METERS (0,0000 HECTARES) Sr97 vv- 735 Fa��,e P.O.B. POINT OF BEGINNING Or CAL1 DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR- No. OTHERWSE NOTED. MULTIPLY DISTANCES BY 1.00D02594 TO OBTAIN GROUND PREPARED 9Y. KA/MH LEVEL DISTANCES, TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE: 4-1-09 sNLkf 1 OF 1 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal 65Pl96 1 CERTIFICATE OFACCEPTANCE This is to certify that the interest in real property conveyed by Quitclaim Deed from Grantor, dated , 20_, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs�on the day of 20 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20____ 4517VG.1 p,'F e _ Stewart Title of California, Inc Estew art c 2010 Main Street, Suite 250 title of califomia, inc- Irvine, CA 92614 (949)476-0777 Phone (714)242-9886 Fax To Stewart Title of California,Inc. Date November 11,2009 Escrow Officer Grace Kim Escrow Number . 261892 Property Address : APN 666-330-061,062,063, 070, 071, 072 Palm Springs, California CONTRACT AGREEMENT ESCROW INSTRUCTIONS STEWART TITLE OF CALIFOMNIA,INC. IS LICIINSED D1•THE STATE OF CALIFORNIA UNDER THE DEPARTMENT OF INSURANCE LICCNSC NO.338 In accordance with the provisions of that certain "Agreement for Acquisition of Real Property and Escrow Instructions" (hereinafter referred to as the Agreement) dated October 12, 2009 by and between Diane D. Mender, Trustee of the Diane D. Render Trust dated March 27, 2007, David R. Dodrill, Trustee of the David Dodrill Trust dated December 14, 1998 and Denise K. Martinez, Trustee of the Denise K. Martinez Trust dated December 29, 1998, as Seller(s) and the City of Palm Springs, a municipal corporation, as Buyer and Escrow Holder acknowledges receipt of a fully executed copy of said Agreement and agrees to act as Escrow Holder as described in Section1l of the Agreement and subject to the terms of Escrow Holder's General Provisions. Each party signing these instructions has read, widerstands, and accepts the General Provisions attached hereto as Exhibit"I". Seller(s): Diane D. Render,Trustee of the Diane D. Render Trust dated March 27,2007 By: Name: Diane D. Render Its: Trustee David R. DodrilL Trustee of the David Dodrill Trust dated December 14, 199&as amended �- Name; David R. Dodrill Its: Trustee �--K.µ,yarn-C-11—.Gcneri L.."h., Pago 1 of 8 Denise K.Martinez,Trustee of the Denise K. Martinez Trust dated December 29, 1998,as restated By� Name: Denise K. Martinez Its: Trustee Buyer(s): Cil'y of Palm Spri a municipal corporation B : rj Name: David H. Ready Its: City Manager APPROVED S TO FORM APPROVED By CITY COUNCIL 40 NEC?ol•8 EXHIBIT I GENERAL PROVISIONS I. DEPOSIT OF FUNDS,OPPORTUNITY TO EARN INTEREST AND PRORATIONS All funds received in this escrow shall be deposited with other escrow funds into one or more non-interest bearing escrow accounts at a financial institution selected by Escrow Agent. Escrow Agent shall not be responsible and shall have no liability for any delay in closing this escrow if the funds deposited are not available for immediate withdrawal as a matter of right pursuant to California Insurance Code Section 12413.1 et. seq. Funds deposited in the financial institution are insured only to the limit provided by the Federal Deposit Insurance Corporation. Escrow Holder shall not be held responsible for loss of any amount over the FDIC insured limit due to bank failure or for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regards to placement of wires. You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds in an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender) If you elect to earn interest, there is an additional fee in the amount of$50-00 for establishing and maintaining such an account. It is important That you consider this cost as it may exceed the actual interest you earn. Should you not elect to earn interest on your deposit. your funds will be deposited in our General Escrow Account at a financial institution insured by the FDIC. This is a non-interest bearing account; however, Stewart Title of California. Inc_ may receive certain financial benefits from that financial institution because of the General Escrow Account and its on•g0ing banking relationship_ These benefits may include, without limitation, credits allowed by such financial institution on loans to Stewart Title of California, Inc. and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution- We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Stewart Title of California, inc.. Any such benefits shall be deemed additional compensation of Stewart Title of California. Inc. for its services in connection with the escrow. All prorations and/or adjustments called for in this escrow shall be made on the basis of a 30 day month or 360 day year, unless otherwise instructed in writing- Proration orreal property taxes including supplemental real property taxes,will be made on the basis of the latest available figures provided to Escrow Holder. The phrase close of escrow(COE)as used herein means die date on which instruments/documents are recorded. Disbursements from this escrow will be made by check of Escrow Holder Unless otherwise instructed in writing,checks will be issued jointly to the parties designated as payees. Signatures (including initials) OF Principals or their duly authorized agents on any documents/instrument and/or instruction pertaining to this escrow indicate approval oFsame. 3. SPECIAL RECORDINGS If a"SPECIAL RECORDING"is arranged and completed,meaning recording the documents called for in this escrow,at any time other than the standard recording time for title companies, then all parties hereto represent and warrant that during the period of time between the standard recording time and the time die documents are actually recorded pursuant to the "SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the tide whether involuntary or voluntary,OF any kind or nature will attach to or be recorded against the subject property,nor will the subject property be Otherwise transferred or conveyed. All parties hereby expressly agree to indemnify and hold Escrow Holder hamiless from all claims, losses or damages and ariomey's fees resulting from any such additional liens,encumbrances,exceptions to title,transfers or conveyances. 3. AUTHORIZATION TO DELIVER If it is necessary, proper or convenient for the consummation of this escrow, Escrow Holder is authorized to deposit or have deposited funds or documents, Or both, handed to Escrow Holder under these escrow instructions with any duly authorized suh-escrow agent, including, but not limited to, any bank, trust company, title insurance company, title ea,e„�_a. -n1nn-U."_." 1mow„um Page ofS company,savings and loan association,or licensed escrow agent,at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. a. AUTHORIZATION TO FURNISH COPIES Furnishing copies of any/all escrow instructions, amendments, supplements, preliminary reports,notices of cancellation and closing statements in this escrow to the real estate broker(s), lenders and/or attorney's representing principals to this escrow is authorized. Escrow holder shall not incur any liability to the parties for delivery of said copies. S. TIME AND WRITTEN NOTIFICATION Time is of the essence, In die event the conditions of this escrow have not been complied with at the expiration of the time provided for herein you are permitted, though not required, to complete the same at the earliest possible date thereafter. No notice, demand or change of instructions shall be of any effect to alter, amend, supplement,or vary the terms of these instructions unless given in writing and signed by all parties affected thereby. G. CANCELLATION PROVISIONS Any principal instructing Escrow Holder to cancel escrow shall File notice of cancellation in Escrow Holder's office in writing and so state the reason for cancellation. Upon receipt of same, Escrow Holder shall prepare cancellation instructions for signatures of the principals and shall forward same to the principals. Upon receipt of mutually aereeable cancellation instructions signed by all principals and after payment OF Escrow Holder's cancellation charges, Escrow Holder is authorized to comply with such instructions and cancel the escrow, 7, ACTION IN INTERPLEA DER OR OTHER COURT OR LEGAL PROCEEDINGS The principals hereto expressly agree that Escrow Holder has die absolute right, at its election, to rile an action in interpleader requiring the principals ro answer and litigate their several claims and rights among themselves;and Escrow Fielder is authorized to deposit with the clerk of the court, all documents, instruments and funds held in escrow, In the event such action Is Fled, the principals jointly and severally agree to pay Escrow Holder's cancellation charges and costs, expenses and reasonable anomey's fees it is required to expend or incur in such interpleader action, the amount thereof to be Fixed and judgment therefore to be rendered by the court Upon filing of such action, Escrow Holder is thereupon fully released and discharged from all obligations to Further perform any duties or obligations otherwise imposed by the temps of this escrow. S. PERSONAL PROPERTY TAX Escrow Holder is not responsible For any personal property tax which may be assessed to any former owner of the property that is the subject of this escrow, nor for the corporation or license tax of any corporation as a former owner. No examination or insurance as to the amount of payment of personal taxes is required unless specifically requested. 9. LIMITATION ON DUTY TO INFORM It is agreed by the parties hereto, that so far as Escrow Holder's rights and liabilities are involved, the transaction is an escrow and not any other legal relation and Stewart Title of California, Inc. is an Escrow Holder only on the within expressed terms, and Escrow Holder shall have no responsibility for notifying any of the parties of this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of the profit realized by any person, firm or corporation (broker, agent and parties to this and/or other escrow included), in connection therewith, regardless of the fact that such transaction(s)may be handled concurrently by Escrow Holder in this escrow or in another escrow. 10. LEGALADVICE The parties acknowledge and understand that Escrow Holder is not authorized to practice law,nor give Financial advice. The parties are hereby advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representarions are made by Escrow Holder about the legal sufficiency, legal consequences,financial effect or tax consequences of tie within escrow instructions. 11. DISCLOSURE OF CONDITIONS PRECEDENT The parties to this escrow, by execution thereof, acknowledge their duty to Escrow Holder of full disclosure of those matters,which shall effect the transfer of subject property and conditions oftitle(inclusive of real personal and intangible property,which matters may result in a lien against subject property). Disclosure shall include,but not limited to: water, stock, owners association or maintenance dues, contractual obligations not automatically terminated upon sale, notes, deeds of trust and vendors liens. F—\aeLn.b.RY:.eft""',-—, Page of 9 12. STATE/FEDERAL CODE NOTIFICATION According to Federal law, the Seller(s),when applicable, will be required to complete a 1099-S Worksheet that will be utilized to generate a 1099 reporting statement to the Internal Revenue Service. You are released from and shall have no liability, obligations or responsibility with respect to (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1984,"Foreign Investors in Real Property Act" (FIRPTA),as amended (b)advising of requirements, (a) determining whether the seller is a foreign person, under such Section, or(d) obtaining a non-Foreign affidavit or other exemption from withholding under such Section nor otherwise making any inquiry concerning compliance with such Section by any party to this transaction. IN ACCORDANCE WITH SECTION 18662 AND 19668 OF THE REVENUE AND TAXATION CODE,A BUYER MAY BE REQUIRED TO WITHHOLD ANY AMOUNT EQUAL TO 3-I/3 PERCENT OF THE SALES PRICE IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST,BY EITHER: 1) A SELLER WHO IS AN INDIVIDUAL OR DISBURSEMENT INSTRUCTIONS AUTHORIZED THE PROCEEDS TO BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,OR 2) A CORPORATE SELLER THAT HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO PENALTY EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHOLD OR FIVE 14UNDRED DOLLARS (5500.00). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: l) THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS (SI00,000.00),OR 2) THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A CORPORATION WITH A PERMANENT PLACE OF BUSINESS IN CALIFORNIA,OR 3) THE SELLER, WHO IS AN INDIVIDUAL,EXECUTES A WRITTEN CERTIFICATE UNDER THE PENALTY OF PERJURY,OF ANY OF THE FOLLOWING: A) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(WITHIN THE MEANING OF SECTION 121 OF THE INTERNAL REVENUE CODE). B) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS OR WILL BE EXCHANGED FOR PROPERTY OF LIKE KIND (WITHIN THE MEANING OF SECTION 1031 OF THE INTERNAL REVENUE CODE), BUT ONLY TO THE EXTENT OF THE AMOUNT OF GAIN NOT REQUIRED TO BE RECOGNIZED FOR CALIFORNIA INCOME TAX PURPOSES. C) THAT THE CALIFORNIA REAL PROPERTY HAS BEEN COMPULSORILY OR INVOLUNTARILY CONVERTED (WITHIN THE MEANING OF SECTION 1033 OF THE INTERNAL REVENUE CODE) AND THAT THE SELLER INTENDS TO ACQUIRE PROPERTY SIMILAR OR RELATED IN SERVICE OR USE SO AS TO BE ELIGIBLE FOR NONRECOGNITION OF GAIN FOR CALIFORNIA INCOME TAX PURPOSES. D) THAT THE CALIFORNIA REAL PROPERTY TRANSACTION WILL RESULT IN A LOSS FOR CALIFORNIA INCOME TAX PURPOSES. THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. 13, NO ACTIVITY If there is no written activity by a principal to this escrow within any six-month period after the time limit date as set forth, In the escrow instructions or written extension thereof, Escrow Holder's obligation shall terminate at Escrow Holder's option. All documents,monies or other items deposited with Escrow Holder shall be returned to the respective parties entitled thereto,less Fees and charges herein provided. 14. CAPTIONS AND COUNTERPARTS Captions in these escrow instructions are inserted for convenience of reference only and do not define,describe or limit die scope of the intent of these instructions or any of the terms hereof. These instructions may be executed in exA..nnnkr vamp.cea.rnr�mi�.� i.,' PageSOf$ counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original,and said counterparts together shall constitute one and the same instrument. 15. 13INDING All terms of these escrow instructions shall be binding upon,inure to the benefit and be enforceable by the parties hereto and there respective legal representatives, successors and assigns. In the event any term,covenant, condition,provision or agreement herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement herein contained. 16. USURY Escrow Holder is not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any liability or responsibility therefore. 17, CONFLICTING DEMANDSIINTERPLEADER No notice, demand or change of instructions shall be of any effect in this escrow unless given in writing by all parties affected thereby_ If conflicting demands are made in connection with this escrow, Escrow Holder shall have the absolute right to either withhold and stop all proceedings, or file suit in the Interpleader and obtain an order from the court requiring the parties to interplead their several claims and rights amongst themselves. 18. FACSIMILE AND ELECTRONIC MAIL All parties acknowledge that documents and instructions may be transmitted via facsimile(FAX)and/or electronic mail(e-mail). In the event the principals of this transaction,their agents,or assigns,utilize "Facsimile (FAX)" transmitted instructions, Escrow Holder may rely and act upon such instructions in the same manner as if original signed instructions were in the possession of Escrow Holder. 19. DISCRETIONARY TERMINATION At the sole discretion of Escrow Holder, Escrow Holder may elect to terminate its escrow relationship with the principals to the escrow. Funds and documents will be returned upon mutual instructions of the appropriate parties. 20. PURCHASE AGREEMENT If any form of Purchase agreement or amendment or supplement(collectively"Purchase Agmemend')is deposited to this escrow, it is understood that such document shall be effective only as berween the parties signing the Purchase Agreement, Escrow Holder's only duty is to comply with the instructions set forth in the escrow instructions and shall not be responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based. Escrow Holder shall not rely an any knowledge or understanding Escrow Holder may have of any such Purchase Agreement in ascertaining or perforating the duties of Escrow Holder. In connection with any loan transaction, Escrow Holder is authorized to deliver a copy of any purchase agreement and a copy of all escrow instructions,supplements or amendments to the Lender. 21. ENVIRONMENTAL DISCLOSURE Notwithstanding any actual or other knowledge on the part of Escrow Holder,the parties agree to release Escrow Holder From any and all liability of any kind or nature and to indemnify Escrow Holder of any loss, damages,claims,judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law,in excess of any state and federal standards,permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 22. ADDITIONAL DOCUMENTS HANDED TO ESCROW HOLDER Parties agree to hand Escrow Holder applicable documentation to establish their authority to act. Those documents may include,but shall not be limited to the following: 1) If an individual; Statement of Information E�11 eu�:nirr. Page 6 of 8 2) If a corporation: A Corporate resolution signed by the Secretary of the Corporation, authorizing the acquisition, encumbrancing(if applicable),or sale of the subject property,and designating the authorized signatories on behalf of the corporation,together with a copy of the Articles of Incorporation&By-Laws. 3) If Trust: copy of the Trust Agreement,any amendments thereto and/or a Certificate of Trust. 4) If a General Partnership: An original Statement of Partnership, in recordable form (if not already recorded) to be recorded in the County in which the subject property is located. A copy of the partnership agreement is also requested. 5) If a Limited Partnership: The LP-1 form,certified by the Secretary of State to record(if not already recorded) in the county in which the subject property is located. A copy of the partnership agreement is also requested. 6) If a Joint Venture: The requirements specified 1,2,and 3 herein will be applicable as it relates to the entities which comprise the Joint Venture. 7) If a Limited Liability Company (LLC): The LLCI certified by the Secretary of State to record (if not already recorded) in the county in which the subject property is located. The LLCI must reflect an expiration date. One person must be named an die LLCI as managing the LLC, or all members must sign. A copy of the operating agreement is required. The parties further acknowledge that in the event the partners of a partnership are individuals, it may be required that each such partner submit a completed and executed Statement of Information. If the Principals have any questions regarding the disposition of Unclaimed Funds, in excess of$30-00, the Principals should contact the Controller or successor agency for the State of California. 23. DESTRUCTION OF RECORDS Escrow Holder is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other materials pertaining to this escrow at the expiration of seven(7)years from the close of ascrow or cancellation thereoF. 24. GOOD FUNDS California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit- If funds are received by any other means,recording and/or disbursement may be delayed. Stewart Title of California,Inc.shall not be responsible For accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. If any check submitted is dishonored upon presentment for payment,you are authorized to notify all principals and/or their respective agents of such nonpayment. 25. CHANGE IN OWNERSHIP REPORT All parties are aware that a"Preliminary Change in Ownership Form"is to be Filed with the office of the County Assessor upon recordation of all transfer documents involving real property, As an accommodation only, Escrow Holder shall provide necessary forms to the purchaser herein and in the event the completed form is deposited into escrow prior to close, Escrow Holder shall deliver same to County Assessor concurrently with recordation of the documents being recorded in this transaction. 26, APPLICATION OF PAYOFF FUNDS Should a check or wire be deemed unacceptable by lenders, creditors, lien holders or beneficiaries of Deeds of Trust, Escrow Holder is authorized to act on our behalf in requesting the funds, as well as any balance in an impound account, be applied towards the balance due. 27. INDEMNITY FOR ATTORNEY'S FEES AND COSTS uuer nw„� 4,unv;- A,c Cc,m 1w Pa-c 7 of a In the event suit is brought by any party or parties to this escrow, including Stewart Tide of California, Inc., as against each other or others, including, Stewart Title of California, Inc. which results in a dismissal of or judgment in Favor of Stewart Title of California, Inc., the parties hereto agree to hold harmless, reimburse and indemnify Stewart Title of California, Inc., its officers and employees,from any loss,expenses,costs and attorney's fees incurred. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL_ THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL 13E CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH- MY/OUR INITIAL (S) HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I/WE HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS, INITIAL; LSt� �o„mi.wx vino -ceme eumen4�.w Page 8 of 8 STG Privacy Notice 1 (Rev 0I/26109) Stewart Title Companies WHAT DO TIM STEWART TITLE COMPANIES DO WITH YOUR PFRSONAL INFORMATION? — iFederal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state late regulations also require us to tell you how we collect, share, and protect your personal information- Please read this notice carefully to understand how we use your personal information.This privacy notice is distributed on behalf of the Stewart Tide Guaranty Company and l j its affiliates(the Stewart Tide Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). I{ The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All Financial companies, such as the Stewart Title Companies, need to share customers'personal information to run their everyday l business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share j customers'personal information;the reasons that we choose to share;and whetheryou can liner this sharing. _ .Y^^ --•ram,-T�.1`--c' ,[nTp?'m,;Ff"I�..,rWPoriF.�.T'"I"•,n�. .IrP'�'•y"ryj ':-C�: - _�f:. ,;,r_' F+t{ j% ,1 .lu �_ l,,Fr.._�::ry `�,:,n'=-.CF+�w�'Wj-d .". - �`�u?'i r7r'_k"•r..its o. P..11 - :171„yr,l_,irifCW',('•'r,fi:4i .�'"'- 'w''i:;[ _easvnsrt'ye:canoshnrar ours grsonalntrifo`crianiinr;„,�Ih'':,.m.+a1i„a,�rf�,l,t�il,�� g,,,,l„ ;,,(�,...,yaAo".rye: hn'rca7;; ,,Can yqu"tjhmr�:husjstiaiiii�T�i:•1 xr.• _�, .�.,,,a�.^,:.yr P 1 w a"_ x d. J w{1 lis1. Y w �, r - = "..�:h:,i`�._.a�Li.,� :,^.... For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer i yes No accounts,such as processing transactions,mailing,and auditing services,and I 1 j responding to court orders and legal investigations. For our marketing purposes—to ofFer our products and services to you- _ Yes — No For joint marketing with other financial companies _ No We don't share w For our affiliates' everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and nonfinancial companies.Our Yes No affiliates mmv include cornpanw with a Stewart name:financial compmues•such as I - Stewart Title Connpa»y Icredinvorthinesses'everyday business purposes—in -"J"' _formation about your Nc We don't share I For our affiliates to market to you Yes I — No For nonaffiliates to market to you.Nonaffiliates are companies not related by No I� We don't share common ownership or control-They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to nonafFliates as permitted by law.If you request a transaction with a nonaffiliate,such as a third party insurance company,we will disclose your personal information to that nonaffiliate.[We do not control their subsequent use of information,and suggest you refer to their privacy notices.] .�"�np""Tn��`^,�°f-,N+ i; .m;F u:wEM.,i jpo';">_„IJePI1;J. LT Ai' °nYHIr7,C�Il:•n S, r_�v�r.'� ':4� ::^u'� F�. i.r "$1't'..1 - .°nYSn .�u „J..0 .c , .ia,.r+r7,., ...�;c Ir:Yr� .,rti?'Ir :•ea.S r: .l Lllrr•n., iY',r':nisi ..I ,1 .rl:( .a:rN�rFT9�ti:i^,1 vI?. .h ids'„ �a•.r5 .P,,. �4.. .JL.e. ,i , rl li_...I.'. C e�'kf . I�1�;41fL14p!5w. '�F$a:'.SltarU.il4gJ{�1ts��11G. .�?"= ' , wlo-:J.,s;ti,',:�d,W:.,.. wlt{�nl; n. .l„ _,:a.r ' „i�:i a i ..i_�• a ..�: Haw often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. `+ notify me about their practices? I How do the Stewart Title Companies To protect your personal infonnauon from unauthorized access and use,we use security protect my personal information? measures that comply with federal and state law. These measures include computer, .- file,and building safe^uards- How do the Stewart Title Companies We collect your personal information,for example,when you collect my personal information? . request insurance-related services provide such information to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other coin Mies. I Whitt sharing can L limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances,we do not share your personal information in those instances. [fyou have any questions about this privacy notice please °"GOffaci°T�s contact us at:Stewart Title Guaranty Texas 77056 . Company, 1980 Post Oak Blvd.,Privacy Officer.Houston, File No.:261891 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: November 11,2009 To : APN 666-330-061.067,063. 070,071,072 Property: Palm Springs, California From: Stewart Title of California, Inc, This is to give you notice that Stewart Title of California, Inc.("Stewart Title")has a business relationship with Stewart Solutions,LLC,DBA—Stewart Specialty Insurance Services, LLC(`Stewart Insurance"). Stewart Information Services Corporation owns 100%of Stewart Insurance and Stewart Title of California. Because of this relationship,this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s)as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Sreevorl Xnsurrrnc¢SeKleeneur Service Charge or rare e a clear_es Hazard Insurance $400,00 to $6,500.00 Home Warran $255.00 to S 780.00 Natural Hazard Disclosure Report S 42,50 to 149.50 ACKNOWLEDGMENT l/we have read this disclosure form, and understand that Stewart Title is referring melus to purchase the above-described settlement service(s)and may receive a financial or other benefit as the result of this referral Signature ?nature PPROVED AS TO FORM P,P RO` 'M BY CITY COUNICIL 1 i Wmnunm wusxi.wnoiwnm.win Page I or Gyi�i //•17�q Stewart Title of California,Inc +p�/��� 2010 Main Street,Suite 250 �ste stew art art o o�«'� Irvine,CA 92614 tdle of cafifornia, inc. (949)476.0777 Phone (714)242-9886 Pax Date November 11,2009 CscrowOfficer Grace Kim l3scrowNumber 261892 Title Order No. 261992 Property Address APN 666-330-061, 062,063,070,071,072, Palm Springs,CA PRELIMINARY REPORT APPROVAL The undersigned Buyer hereby acknowledges receipt of a copy of the Preliminary Report issued by Stewart Title of California, Inc. under Order No. 261892, dated I]/3/2009 and approve the legal description of subject property shown on Schedule A of the report.Buyer Approval: Buyer herein hereby approves Items f$//// " �4 of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. I have received a copy of these instructions as evidenced by my signature below. Buyer(s): City of Palm Sprin municipal corporation By: (49 Name: David H. Ready V Its: City Manager ate; A , 1D AS TO FORM ppalFD BY CITY COUNCIL w'la3 to�bbk r5.a G'ii �•� /Y'��a9 Page i of I BOE-502-A(FRONT)REV. 10(8-07) FOR RECORDER'S USE ONLY PRELIMINARY CHANGE OF OWNERSHIP REPORT [To be completed by transferee(buyer)prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Tatatm Code.] A Preliminary Change of Ownership Report must be riled with each conveyance in the County Recorder's office for the county where the property is located;this particular farm may be used in all 58 counties of Califemia THIS REPORT IS NOT I'MILIC DOCUa1ENT SELLEIVTkANSFEROR: Diane D.Render,Trusty el'lhe Dionc D.Render Trust dared Much 27.2007 and David R.Dodrill,Trustee of Ilia David Dodrill Trust dated December 14.1998 ROYEILTRANSPEREE: City of Palm Springs,a municipal corporation ASSESSOR'S PARCEL NUNIitER(S)- 666-330-061,062,063,070,071,072 PROPERTY ADDRFSS OR LOCATIONr APN 666.330-061,062,063,(170,(I71.072,P;dm Sprim_s, CaliRrmia MAIL TAX INFORMATION TO: Nnmc; City of Palm 5printE,a municipal corpora on Address: 3200 E,Tahquitz Canyon Way Palm Springs,CA.92262 NOTICE: A lien for property taxes applies to your Property on January I of each year for the laxcs owing in the following fiscal year, July I through June 30. One-lmalfofilid"ta.5es is due November 1,and one- half is due February 1. The first installment becomes delinquent on December 10,and the second installment becomes delinquent on April 10, One tat bill is mailed before November I to the owner of record. You may be responsible for the current or upcoming property tastes even if you do not receive the tax bill_ The properly which you acquired may be subject to a supplemental assessment in an amount to be determined by the Riverside County Assessor. For further information on your supplemental roll obli alion.21cose call the Riverside Count•Assessor. PART I: TRANSFER INFORMATION f lease aturwer rill rrestions) T8S NO ❑ X A. is this transfer solely behmcen husband and wife(addition of spousa,death of spouse,divorce settlement-ate.)? ❑ X B. Is this transaction only a correction of the name(s)of the person(s)holding title to the property(for csampla. a name change upon marriage)? Please ctplain ❑ X C. Is this document recorded to create,terminate or reconve) a lender's interest in the property? ❑ X D Is this transaction recorded only as a requirement for financing purposes or to create,terminate.or reconvey a security interest(ag.cosigner)? Please explain ❑ X fa Is this document recorded to substitute a trustee ofa trust,mortgage or other similar document? ❑ X F. Did this transfer result in the creation of ajoint tenancy in which the seller(transferor) remains as one on the joint tenants? ❑ X G. Does this transfer return property to the person who created lhcjoinl tenancy(original Iransfwor)? 1.1, Is this transfer of property: 0 X I. to a revocable trust that may be revoked by the uansfemr and is for the bcnclit of the ❑ transferor 0 Iransferor's spouse? ❑ X 2. to a trust that may be revoked by the Crcamr/Gmntor who is also ajoint tenant, and which names the other joint tenant(s)as beneficiaries when the Cremor/Grantor dies° ❑ X 3. to an irrevocable trust for the benofif of the ❑ Crcator/Grantor and/or ❑ Grantor's spouse? X 4. to an irrevocable trust from which the property reverts to the Cremor/Grantor within 12 years? ❑ X I. If this property is subject to a lease,is the remaining lease icrm 35 years or more induction written options? ❑ X *J. Is this transfer between d pan'.nt(s)and child(ren)? ❑ or from grandparent(sj to grandchdd(rcn)? ❑ X *K. is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? © Yes 13 No ❑ X *L. Is this transaction to replace a principal residence by a person who is scvcrcly disabled as defined by Revenue and Taxation Cade section 69.5? Within the same county? ❑ Yes ❑ No ❑ X M. is this transfer solely between domestic partner currently registered with the Califomin Secretary of Stale? 'if you checked ves to 1,K,or L,you may qualify fora property lax reassessment exclusion,which may result in lower taxes on your property. If you do not rile a claim,your property will be rcnssessed, Please provide any other information that will help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 ofthe Revenue and Taxation Code for anv reason other than those listed above,set forth the specific exclusions claimed: _Please answerall questions in each section. If a question does not apply,indicate with"NIA_." Sign and date at bottom of second page. PART If: OTHER TRANSFER INFORMATION A. Data of transfer if other Wan recording dale B. Type of transfer (please check appropriate box): X Purchase ❑ Foreclosure ❑ Girl © Trade or L`xchange ❑ Merger,Stock or Panncrship Acquisition ❑ Contract of Sale-Date of Contract ❑ Inheritance-Date of Death Q other(please esplainJ: Cl Creation of Lease ❑ Assignment ofa Lame ❑ Termination of a Lease ❑ Sale/Leaseback ❑ Date lease began ❑ Original term in years(including written options) ❑ Remaining term in years(including written options) Monthly Payment Remaining Term _C. Was only a partial interest in the propeaX transferred? 0 Yes X No_ Iryes,indicate the percentngc transferred BOE-502-A(BACK)REV. 10(8-07) Please lvrile Assessor's Parcel Namber(s): Plone Answer,to the best or your knowledge,all applicable questions,dhen sign and dale,if a question does Ant apply,indicate with"NIA-" PART III: PURCHASE PRICE AND TERMS OF SALE A CASI.1 DONtN PAYMENT OR value of trade or exchange(excluding closing costs) Amount S B. FIRST DEED OF TRUST @_/o interest for_years. Pymts/Ma,=S_(Fria.E Ina.only) Amount S 0 1`14 ( Discount Points) ❑ Pi<cd rate ❑ Now Ivan ❑ Conventional ❑ Variable rate ❑ Assumed axtsting loan balance ❑ VA( Discount Points) ❑ All inclusive D,T,(S Wrapped) ❑ Sank or savings&loan ❑ @I-Vct ❑ Loan carried by seller ❑ Finance company Balloon payment Q Yes 0 No Due Dam Amount C. SECOND DEED OF TRUST n�°/.mtcrest For__. 5•cnrs Pymts./Mo=S_.(Prin.&InL only) Amount 5 ❑ Bank orsavings&loon ❑ Fried rate ❑ Nov loan El Lean calritd by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon payment 0 Yes ❑ No Duo Onto Arnounr S D. OTHER FINANCING. Is other financing invohcd not covered in(b)ar(c)above? Q YM O No Amount S Type a. %interest forbears. Pymu./Nlo.-5 (Prin.a Inc.only) ❑ Hank or savings&loan ❑ Fixed rate 0 Now loan ❑ Loan tamed by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount S E. WAS AN IMPROVEMENT BOND ASSUMFD BY THE BUYER? 0 Yes 0 No Outstanding Balance Amount 5 P. TUI•AL PURCHASE PRICE(or acquisifion price rfrraded or exchanged,rnchhde raal eSlare COlbM)xriWl ifpard) Total Items A through E S G. PROPERTY PURCHASED ❑ Through a broker ❑ Direct from seller❑ From a family member ❑Other(please explain). If purchased througlh a broker,provide baker's name and phone number. Please explain any special terms,seller concessions Or financing and any other information that would help the Assessor understand the purchase price and temi.5 of sale PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFFRRFD: ❑ Single-family residence ❑ Agricultural ❑ llnhcshnrc ❑ Muhiplwlanily residence(no,of units: 1 © CO.Op/Oxm-your Own ❑ Manufactured home ❑ COmmercialllndostial ❑ Condominium ❑ Unimproved lot ❑ Other(Description:i.c,timber,mineral,eater rights,cte. 1 B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE?❑ Yes 0 No Irycs'emordatc Ofoccuponey / , 20 or intended occupancy / . 20 0nondp (do)y (year) pupndd (dal) Cnnq C. IS PERSONAL PROPERTY INCLUOEO IN PURCHASE PRICE(hc.,furniture,farm equipment,machinery,etc) (Olhcr tan a manufactured limnc subject tO local property uc r ❑ Yes ❑ No lfyes,enter tic value ofthc personallbusiness property included in die purchase price S (dirach irundaed list). D. IS A MANUFACTUR.GD HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ❑ No Ir)as,has much ofthe purchase price is allocated to die manufactured home? S Is to manufactured home subject to local property tea.\'? ❑ Yes ❑ No What is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ❑ Ycs ❑ No Ifyes,is the income from: ❑ L=c/Renl ❑ Contact ❑ Mineral Rights ❑ Other(please emplam): R WHAT WAS TI IE CONDITION OF THE PROPERTY AT THE TIME OF SALE° ❑ Good ❑ Averaee ❑ Fair ❑ Poor Platen explain the physical condition of the propcny mtd provide any other information(such as restrictions,etc.) that would assist the Assessor in determining time value of the property. CERTIFICATION OWNERSHIP TYPE(X) Proprietorship ❑ 1 certify llrar rbaforeguing is rare,correct and complete to the best afng fame/edge and belief Partnership ❑ Tads doelaralion$blrrellxg on each and every co-owner and/or .parnren Corporation ❑ Other ❑ NAME OF NEW OWNER/CORPORATE OFFICER TITLE SIGNATURE OF NEW OWNER/CORPORATE OFFICER DATE NAME OF ENTITY(typed arpdnted) FL-DERAL liMPLOYFR.ID NUM13rn ADDRESS(typad orprinfed) PHONE NOMBER(e am•-5 p.m.) E•MAII,AOORE55(optlonal) (Note_ The Assessor may contact you for further information) If a document evidencing it change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report,the recorder may charge an additional recording fee oftwenty dollars(S20). Buyer's Estimated Closing Statement 1 111 2/09 11:58 AM File 261692 Stewart Title of California, Inc.(949) 476-0777 Buyer's Estimated Closing Statement Buyer(s) City of Palm Springs,a municipal corporation Seller(s) Diane D.Render,Trustee of the Diane D,Render Trust dated March 27,2007 David R.Ilodrill,Trustee of the David Dodfill Trust dated December 14,1996 Denise IC Martinez,Trustee of the Denise K.Martinez Trust dated December 29, 1930 Lander Property APN 66&:W-661,062,063,070,071,072,Palm Springs.CA Closing date None proration date None Bank ORGUBC-Union Bank of California 1 3-1 00573 Escrow Unit 2857-SC-Grace Km Escrow Officer Grace KIM Debit Credit Contract Sales Price....................................................................................................... ............ 720,000.0o Title Charges: Settlement or closing fee to Stewart Title of California,Inc...................................................................... 1,5DD.00 Title insurance to Stewart Title of California,Inc.$795.00..................................................................... Owners coverage to Stewart Title of California,Inc. Liability amount S220,000.00............................................................................................................... 795.00 Wire processing fee$17 each to Stewart Title of California,Inc......................... ............... 51,00 Courier/Dehvery processing fee to Stewart Title of California,Inc.............................................................. 30,00 Additional Charges: Refundahle Pad to Stewart Title of California,Inc..................................................................................... 500.00 Subtotal: 222,876.00 Balance due from Buyer: 222,876 00 Tolals: 222,876.00 2.22,876.00 The parties herein have been advised that the foregoing amounts are estimates only We therefore,authorize the above captioned Escrow Holder ID change estimated amounts to final amounts owing,to satisfy the items authorized,and to close escrow, ROVED A„ TO FO R N, R � �i+ y APPROVED BY CITY COUNCIL % as �m-\� 6 _ �j pia rT��i�f7r/�y ��f 7-1 City of Palm Springs,a municipal corporation AWL By, _ 4-�-- Page 1 Stewart Title of California, Inc [stewart ,m p." 7065 Indiana Avenue, Suite 100 title of california, inc. Riverside, CA 92506 (951) 276-2700 Phone Fax PRELIMINARY REPORT Order Number 261892 Title Unit Number 2794 Buyer/Borrower Name: City of Palm Springs,a municipal corporation Seller Name: Diane D. Render,Trustee of die David R.Dodrill,Trustee of the David Dodrill Diane D.Render Trust dated March Trust dated December 14, 1998 27,2007 In response to the above referenced application for a Policy of Tide Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on 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 and Limitations on covered Risks of said policy or policies are set fords in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at The option of either the Company or the Insured as the exclusive remedy of the patties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read.They are available fxom the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of tide insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of tide insurance a binder or commiunent should be requested. Dated as of: November 3,2009 at 7:30 a.m. Norm Burdick,Title Officer When replying,please contact Norm Burdick,Title Officer Pile Number: 261892 Pagc 1 of 9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: 17 California Land Title Association Standard Coverage Policy ❑American Land Title Association Owners Policy ❑American Land Title Association Residential Title Insurance Policy ❑American Land Title Association Loan Policy ❑ California Land Title Association Homeowners Policy ❑ALTA Short Form Residential Loan Policy(06/16/07) ❑ 2006 ALTA Loan Policy SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fe Title to said estate or interest at the date hereof is vested in: Diane D.Render,Trustee of the Diane D.Render Trust dated March 27,2007,as to an undivided 1/3 interest,as a tenant in common David R.Dodrill,Trustee of the David Dodrill Trust dated December 14, 1998,as amended,as to an undivided 1/3 interest, as a tenant in common Denise K.Martinez,Trustee of the Denise K.Martinez Trust dated December 29, l 998,as restated,as to an undivided 113 interest, as a tenant in common Subject to item(s) 19, shown herein Pile Number: 261892 Page 2 of 9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California,County of Riverside, City of Palm Springs,and described as follows: Parcel(s)7, 8 and 9 of Parcel Map 21921, as shown by map on file in Book 162 Page(s) 18-23 inclusive,of Parcel Maps,Records of Riverside County,California. (End of Legal Description) Pile Numbcr: 261892 Page 3 of 9 SCHEDULE B At the date hereof,exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. General and Special City and/or County taxes,including any personal property taxes and any assessments collected with taxes,for the fiscal year 2009-2010: 1"Installment: $1,426,81 open 2"d Installment: $1,426,81 open Parcel No.: 666-330-061-1 Code Area: 011096 (Affects portion Parcel 7) I3. General and Special City and/or County taxes,including any personal property taxes and any assessments collected with taxes,for the fiscal year 2009-2010: I"Installment: $458.72 open 2"°Installment: $458.72 open Parcel No.: 666-330-070-9 Code Area: 011095 (Affects portion Parcel 7) C. General and Special City and/or County taxes,including any personal property taxes and any assessments collected with taxes,for the fiscal year 2009-2010: 1"Installment: $1,69229 open 2"d Installment: $1,692.29 open Parcel No.: 666-330-062-2 Code Area: 011096 (Affects portion Parcel 8) D. General and Special City and/or County taxes,including any personal property taxes and any assessments collected with taxes,for the fiscal year 2009-2010: 1"Installment: $319.37 open 2'a Installment: $319.37 open Parcel No.: 666-330-071-0 Code Area: 011095 (Affects portion Parcel8) E. General and Special City and/or County taxes,including any personal property taxes and any assessments collected with taxes,for the fiscal year 2009-2010: 1"Installment: $1,999.16 open 2"d Installment: $1,999.16 open Parcel No.: 666-330-063-3 Code Area: 011096 File Number: 261892 Page 4 of 9 (Affects portion Parcel 9) F. General and Special City and/or County taxes,including any personal property taxes and any assessments collected with taxes,for the fiscal year 2009-2010: 1"Installment $221.78 open 2"d Installment: $221.79 open Parcel No.: 666-330-072-1 Code Area: 011095 (Affects portion Parcel 9) G. Assessments, if any,for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. H. The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75)of the Revenue and Taxation Code of the State of California. Exceptions: 1. Water rights,claims or title to water in or under said land,whether or not shown by the public records- 2- Reservations and exceptions in the Patent by the United States of America,recorded November 23, 1921 in Book 8,Page(s)204 of Patents. 3_ An easement for utilities,and rights incidental thereto in favor of Southern California Telephone Company,as set forth in a document recorded July 10, 1933 in Book 131,Page(s) 118 of Official Records,affects as said document is described therein. 4. An easement for roads,and rights incidental thereto in favor of Frank Broes, Sr.,as set forth in a document recorded August 7, 1947 in Book 841,Page(s)460 and re-recorded August 14, 1947 in Book 854,Page(s)519,both of Official Records,affects as said document is described therein. 5. An easement for public utilities, and rights incidental thereto in favor of California Electric Power Company,as set forth in a document recorded November 4, 1949 in Book 1121,Page(s)496 of Official Records, affects as said document is described therein. 6. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land, said rights having been relinquished to the State of California by deed recorded January 10, 1952 as Instrument No- 1445 of Official Records. 7. The effect of a Record of Survey on file in Book 14 Page 20, of Records of Survey,which purports to show the herein described property. 8_ The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land, said rights having been relinquished to the State of California by deed recorded October 19, 1965 as Instrument No. 119312 of Official Records. File Number: 261892 Page 5 of 9 9. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land, said rights having been relinquished to the State of California by deed recorded January 21, 1966 as Instrument No.7576 of Official Records. 10. An easement for public utilities,and rights incidental thereto in favor of General Telephone Company of California, a Corporation, as set forth in a document recorded September 1, 1987 as Instrument No. 253356 of Official Records,affects as said document is described therein. 11. The effect of a Declaration of Dedication as shown by the owners certificate on said map,purporting to irrevocably dedicate in perpetuity for public road purposes,including public utility and public service uses,the property described therein. 12. An easement or other provisions for the purpose of drainage purposes,and rights incidental thereto as shown on the recorded map no.PM 21921, which affects as said document is described therein. 13_ An easement or other provisions for the purpose of landscape purposes,and rights incidental thereto as shown on the recorded map no.PM 21921, which affects as said document is described therein. 14. The effect of a recital on said map stipulating that the areas designated as drainage easements must be kept free of all dwelling units, obstructions and encroachments by land fill. 15. The effect of a recital on the map of said Tract,which states_ Environmental Constraint Sheet affecting this map is on file in the office of the Riverside County Surveyor in E.C.S.Book 18 Page 8, affecting as said document is described therein. 16, Covenants, Conditions,and Restrictions as set forth in an instrument,but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions,if any,based on race,color,religion, sex,familial status,national origin, handicap,sexual orientation,marital status, ancestry, source of income,disability,medical condition,or other unlawful basis. Recorded: June 18, 1990 as Instrument No. 224537 of Official Records 17. The matters contained in an instrument entitled"Restrictive Covenant Agreement"upon the terms therein provided recorded May 27, 1993 as Instrument No. 199197 of Official Records. 18. Any defect in the title to the herein described property due to the fact that the Owner's vesting deed contains a faulty legal description and should be re-recorded in order to perfect the record. 19. Any invalidity or defect in the title of the vestees in the event that the trust referred to in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the trustee(s)or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the tmsLee(s)of a trust, (or if their act is to be insured),this Company will require a copy of the trust instrument creating such trust,and all amendments thereto,together with a written verification by all present trustees that the copy is a true and correct copy of the trust,as it may have amended,that it is in full force and effect and that it has not been revoked or terminated. 20. We will require a Statement of Information from the parties named below in order to complete this report,based on the effect of documents,proceedings, liens, decrees,or other matter which do not specifically describe said land,but which,if any do exist,may affect the title or impose liens or encumbrances thereon_ Parties: all parties File Number: 261892 Page 6 of 9 (Note: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only,and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file). (End of Exceptions) Pile Number: 261892 Page 7 of 9 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, hie. via wire transfer may be disbursed upon receipt. funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title of California, Inc_ shall have no obligation to account to the depositing parry in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow- If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. Wire Instructions U you anticipate having funds wired to Stewart Title of California,Inc., our wiring information is as follows: Additional Note: Direct wire transfers to: Union Bank of California 1980 Saturn Street Monterey park, CA 91755 Routing Number: 122000496 Credit to Stewart Title of California,Inc. Sub-Escrow Trust Account Account Number: 9120050750 Reference Order Number: 261892 Title Unit Number: 2794 Title Officer Name: Norm Burdick When instructing the financial institution to wire funds,it is very important that you reference Stewart Title of California,Inc.'s order number. Should you have any questions in this regard please contact your title officer immediately. File Number: 261892 Pagc 9 of 9 4 4STG Privacy Notice I (Rev 01/26/09) Stewart Title Companies WHAT DO THE,' STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? rederal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information.This privacy notice is distnbuted on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Title Companies),pursuant to Tide V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number, All financial companies, such as the Stewart Title Companies, need to share customers'personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal information;the reasons that we choose to share;and whether you can limit this sharing- For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer yes No accounts,such as processing transactions,mailing,and auditing services,and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and nonfinancial companies.Our Yes No affiliates may include companies with a Stewart name;financial companies,such as Stewart Title Company For our affiliates'everyday business purposes—information about your N creditworthiness. o We don't share For our affiliates to market to you Yes No For nonaffiliates to market to you........._� ......N ..�.--Nonaf£iliates are companies not related by o We don'[share common ownership or control.They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to nonaffilia[es as permitted by law.If you request a transaction with a nonaffiliatc,such as a third parry insurance company,we will disclose your personal information to that nonaffiliate. [We do not control their subsequent use of information,and suggest you refer to their privacy notices.) How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction, notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use security protect nay personal information? measures that comply with federal and state law. These measures include computer, Me,and building safeguards, How do the Stewart Title Companies We collect your personal information,for example,when you collect my personal information? request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other coin anies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances,we do not share your personal information in those instances. If you have any questions about this privacy notice,please contact us at: Stewart Title Guaranty Coin an , 1980 Post Oak Blvd.,Privacy Officer,Houston,Texas 77056 File No.:261892 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company EXHIBIT A(Revised 11-17-04) CLTA PRELIMINARY REPORT FORM(Revised 11-17-06) SCIIEDULE B CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1990 EXCLUSIONS FROM COVERAGE The following manors 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- J. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances,or regulations)restricting,regulating,probibiting or relating(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise Thereof or notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of Elie exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage tiny 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 retarded 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 prim-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 Dale of Policy;or (e)resulting in loss or damage which would not have been sustained if The insured claimant had paid value for the insured mortgage or for the estate of interest insured by this policy. 4. Uncnforceabilay of the lien of The insured mortgage bccausc of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenfomeabitity of the lien of the insured mortgage,of claim thereof,which arises out of The transaction evidenced by the insured martgage and is based upon usury or any consumer credit protection or num in lending law, G. 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 eredi[on'rights laws EXCEPTIONS FROM COVERAGE- SCHEDULE B,PART I This policy does not insure against loss or damage(and the Company will not pay costs,atiomeys'fees or expenses)which arise by reason of; 1. Taxes or assessinencc which are not shown as existing Leas by the records of any taxing authority that levies taxes or assessments an 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 [Ile records of such agency or by the public records 2. Any facts,fights,interests,or claims which are not shnwn by the public records but which could be ascertained by an inspection of The land or which may be asserted by persons in possession thereof. 3. Easements,hens or encumbrances,or claims thereof,which are not shown by the public records. Rev. 11-7-04 Page 1 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 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 parents or in Acts authorizing the issmance thereof; (c)water rights, claims or ddc to water,whether or not the matters excepted under(a),(b)or(c)arc shown by the public retards. The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage,casts,attorneys' fees,or expenses,which arise by reason of: CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against lass,costs,attorneys'fees,and expenses resulting from: I. 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 Laird 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 budding 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,a notice of exercising the right appears in the Public Records at the Policy Date;or b.the raking happened before the Policy Date and is binding an 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.tbat are Known to You at the Policy Date,but not ro 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 Tide. 6. Lack of a right. a.to any Land outside Tie area specifically described and infected to in paragraph 3 of Schedule A;and b.in sneers,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMrrATIONS ON COVERED RISKS Your insurance for the fallowing Covered Risks is limiled on the Owner's Coverage Stalemen as follows: " For Covered Risk 14,15,16 and 18,Your Deductible Amount and Our Maximum Dollar Until of Liability shown in Schedule A. The deductible amounts and maximum dollar hmits shown on Schedule A are as follows: Yom Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1%of Policy Amount or S2,500.00 $10,000.00 (whichever is less) Covered Risk 15: 1%of Policy Amount or $5,000.00 $25,000,00 (whichever is less) Covered Risk 16: 1%of Policy Amount or $5,000-00 $25,000.00 (whichever is less) Covered Risk 18: 1%of Policy Amount or $2,500.00 $5.000.00 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule S,you arc not insured against loss,costs,atromeys'fees,and expenses resuldng from: Rev. 11-7-04 Page 2 of 7 CLTA PRELIMINARY REPORT NORM Stewart Title Guaranty Company 1. Cmvemmental police power,and the exi&[ence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations conomning: land use improvements on the land land division environmental projection This exclusion does not apply to violations or the enforcement of these matters which appear in the public meet&at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: a notice of exercising the tight appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: that are created,allowed,or agreed to by you that arc known to you,but not to us,an the Policy Date--unless they appeared in the public records [hat result in no loss to you that first affect your title after the Policy Dale--this does not limit the labor and material lion coverage in Item 8 of Covered Tide Risks 4. Failure to pay value for your tide. 5. Lick of a right: to any land outside the area specifically described and mfermil 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 Titie Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE The following matters are expressly excluded front the coverage of this policy and the company will not pay loss or damage,costs,attorney s foes 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,mgulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the ehsreeimr,dimensions or location of any improvement now of hereafter erected on the laid;(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 par[;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[hereof or a notice of a defect,lion or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records az date of policy- (b)Any governmental police power not excluded by(a)above,except to die extent that a notice of the uereise thereof or a notice of a defect,lien or encumbrance resuldng from a violation or alleged violation affecting the land has been recorded in the public remands 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 dale of policy which would be binding on the nghts of a purchaser for value without knowledge. 3. Defects,liens,cnmumbmuces,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the insured clamant; NNOT known to the company, not recorded in the public records at dale 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 claimau; (d)attaching or created subsequent to date of policy(except to the extent that this•policy insures the priority of the hen of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to the assessments for street improvements under construction or completed at date of policy);or (c)resulting in loss or damage,which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. 17nenfomeabiaty of the lien of The insured mortgage because of the inability or failum 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&Late in which the land is snuated. 5. fnvalidiry or amenforeeability of the lien of the insured mortgage,or claim Lhereof,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. G. 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 totaled 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. Rev. 11-7-04 Page 3 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Campany 7. Any claim,which anses out of the transacnon chearing the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar crcd[tors'rights lawn,that is based on: I. The transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or 11. The subordination of the interest of the insured mortgagee as a icsult of the application of the doctrine or equitable subordination;or HI. 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 recorded the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or aludgmen.or Gen 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 covemgc in a standard coverage policy will 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 read property or by the public records. Proceedings by a public agency which may result in taxes or assessments or notices of such proceedings,whetter or not shown by the records of such agency or by the public retards. 2. Any facts,rights,)merests 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 no[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)unpatemed 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(e)are shown by the public records. 2006 A.LTA LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters am expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' fens,or expenses that arise by reason of. I (a)Any law,ordinance,permit,or governments]regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (IV) environmental protection; Of the effect of any violation of these laws,ordinances,or governmental roguladons. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5 (b) any governmental police power.This Exclusion 1(b)does not modify or limit The coverage provided under Covered Risk 6, 2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the insured Claimant; (b)not Known to[Ile Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the insured Claimant became an insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (c)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage 4, Unenforecabiliry of the lien of the Insured Mortgage because of the inability or failure of an insured to comply with applicable doing- business laws of the state where the Land is Situated. 5. Invalidity or urienforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the insured Mortgage and is based upon usury or any consumer credit protection or rrutli-m-lending law. 6. Any claim, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors rights Incas,that the transacnon creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or Rev. 11-7-04 Page 4 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company (b)a preferential transfer for any reason not stated in Covered Flick 13(b)of this policy. 7. Any lien on The Tide for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in The Public Records This Exclusion does not modify or limit the coverage provided under Covered Risk I I(b). AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters fire expressly excluded from the coverage of this policy and the company will not pay loss or damage,cos4 attorneys'ices or expenses,which wise 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 wry 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 govemme anal regulations,except to the extent that a notice of the enfomement 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,(g)any govemmcriml 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 politic 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 caking which has occurred prior m data 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 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 m dare of policy;or (E) Resulting in loss or damage, which would not have been sustained if the insured clamant had paid value for the estate or imetest insured by this policy. 4. Any claim, which anses 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 similareredi[ars rights laws,that is based on: I. The transaction creadng The estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent Transfer,or it. The Transaction creating the cs uz 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 of 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 include the following genii exceptions: EXCEPTIONS FROM COVERAGE This policy does not insum against loss or damage(and the company will not pay costs,momeys'fees or expenses)which wise 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 no[shown by the records of such agency or by the public records 2. Any fact;,rights,interests or clams which we 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. 31 Basements,liens or encumbrances,or claims[hereof,which are not shown by the public records, 4 Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or wry other facts which a correct survey would disclose, and which are not shown by the public records. S. (a)mpatented mining claims; (b)reservations or exceptions in patents or in acts authorizing the issuance thereof,, (c)water rights, claims or tide to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. 2006 ALTA OWNER'S POLICY(06-17-06) Rev, 11-7-04 Page 5 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company EXCLUSIONS FROM COVERAGE The fullowing matters arc expressly excluded from the cuvernge of this policy,and the Company will not pay loss or damage,costa,a[tomcys fees,or expenses that arise by reason of: l- (a)Any law,ordinance,permit,or governmental regulation(including those relating to building snit zoning)restricting,regulating• prohibiting,or relating to (1) the occupancy,use,or enjoyment of the Lund; (ii) the character,dimensions,or location of any improvement erected on the Lund; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violauon of these laws,ordinances,or governmental regulations. This Exclusion 1(a)dons not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion I(b)does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain, This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimatt; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit The coverage provided under Covered Risk 9 and 10);or (c)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the TiTle. 4. Any claim,by reason of The operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Titre as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any Iran on the"fine for real estate taxes or assessmenu imposed by governmental authority and crcatcd or attaching between Date of Policy and the date of recording of the dead or other instrument of transfer in the Public Records That vests Title as shown in Schedule A. 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 damagc,costs, attorneys free 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 0)the occupancy,use,or enjoyment of the Lind;(n)the character,dimensions or location of any improvement now or hereafter erected an the Land;(in)a separation in ownership or a change in the dimensions or areas of the Lind or any parcel of which the Land is or was a pmT;or(iv)cnvuonmcntal protection,or the cffccr of any violation of these laws,ordinances or governmental regulations,except to the extent that s notice of Elie enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the sand 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 (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 Dare 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 mcrcof 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 Date of Policy,but Known to the Insured Claimant and not disclosed in writing.to The Company by the Insured Claimant prior to the dam the Insured Claimant became an Insured under this policy; (a)resulting In no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Dare of Policy(this paragraph does not 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 Lind is situated. 5. Invalidity or uncnforeeability of the lien of[he insured Mortgage,or claim mercpf,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. 6. Real property taxes or assessments of any governmental authority which become a lien on the Lind subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,8(c)and 26. Rev. 11-7-04 Page 6 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 7. Any claim of invalidity,imenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vcatec 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 pmvaded in Covered Risk 8. 8. Lack of priority of the iicn of the Insured Mortgage as to each and every ddvdnce made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other matters affeeting the title,the existence of which are Known to the Insured at: (a)The time of the advance;or (b)Me time a modification is made to the terms of[Ile 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 Covcrcd Risk 8 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 budding codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Accords at Date of Policy. Rev. 11-7-04 Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California County of Riverside, City of Palm Springs,and described as follows: Parcel(s)7, 8 and 9 of Parcel Map 21921, as shown by map on file in Book 162 Pagc(s) 18-23 inclusive, of Parcel Maps,Records of Riverside County, California. AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: November 9,2009 To : APN 666-330-061,062,063,070,071, 072 Property: Palm Springs,California From: Stewart Title of California,Inc. This is to give you notice that Stewart Title of California,Inc. ("Stewart Title")has a business relationship with Stewart Solutions,LLC,DBA—Stewart Specialty Insurance Services,LLC("Stewart Insurance"). Stewart Information Services Corporation owns 100%of Stewart Insurance and Stewart Title of California. Because of this relationship,this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s)as a condition for purchase,sale,or refinance of the subject Property. THERE ARE FREQUENTLY OTIIER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Chmffe or range of charges Hazard Insurance $400,00 to$6,500.00 Home Warrant $255,00 to$ 780.00 Natural Hazard Disclosure Report $ 42.50 to 149.50 ACKNOWLEDGMENT I/we have read this disclosure form,and understand that Stewart Title is referring melus to purchase the above-described settlement service(s)and may receive a financial or other benefit as the result of this referral. Signature Signature amunumw 279.261AW nnnmww.uarlae Page 1 of 1 Order No.261892 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ( Stewart Title ) is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. Order Number:261892 Available Discounts Disclosum Statement 00 a . "-39-2 v rt 666-33 TRA 011-M-1011-04W,011-6 7 APR 2 2 1nn5 MA JS ° 0 011-0.49,0/I-oa, 0li.09 S2 SEC'15 POr. SEC. 22. r3S R.4E. _ _p OQ-09$WI-099, 0 of/-0 , n 11- 99 011-09T,011-0.% A'rA ro+e'oSEs eM.r 011-099, OII-r01,ON-103 32 on-ro�,or�Ios O f I Tl a 18 r.w uaa r rK,ss cra � � Wi :ra/ ..z.r cords 11 i o 1$ffi � I I cu.n i raa 011-06T � 3B � tJ0 r rn.a mr•roiT.r rT r 1Q O � O j'.l� r. •"rnne Ytl� h ; reI gOJ-NYJ Q Q ' o In her,i'•n.l; i ch W Id x 41 1 4P �.r'r r i J *� r IO 60-TQ•99 Intarsla/e Freeway �? .. .,.eiwrrFr' •�I .x/+ �s n A.� .mace I +..., w r.,r rr mr •. e r +,t,t z. MAN 3�c OVeA•Alft �I WA . 11" I / [r� Vy I ICI •• O K,+S O r'9YF Nlf� rA% /!1 Op ii �+ /N!I r.SfK • r [ a.dy a✓ar tr..s aisc IB ford G.Y aa3 O' 6 g,�w'b :f '++ o. /J-n.rr r. 21 ••� '^a' •• e.3T r,• \ .eierx + r o.n rs f22 +Maw/nmr�y. ' !9 POrOdf Map Na. 7856 66 j .!racy 6a i f �F u n l — e,rc Wd 1I0/90 r N 15975 06 Y L— ru ryrr P.M.1Z6/•5 75" I6895 .n our .a,w . • e .rs rn rri1152A6-18 ' *nA rr a.. ay rr r I r ar O FA: 4LOf F. C . 2 yo i1,p r'K f y" [•15 ` xz RS fal/20 w Rd. Mc�r.51ara N Y- Nee,r, w .0 f.x6 eu et:a rrr zn rla r! >r MAY 0 5 ZdOi eaa ura lt,.S1- r PM162/,8-23Wrce1 MoP No,21921 u +rr ,ta n.re >< rr rt HIS MAP IS FURiJISHED p,g A69c3'SOH'S MAP BK.666 PS3.9 AAVL 1968 ACCOMMODATION ONLY,AND A IOATTE�OF foe eovllrr, G "F � I}Cr ASSUM ITYiS POLICY O BY ITS ATTACHE ENTI TO HU POLICY OF i7TLE 'NSURANCE OF STEWART TITLE GUARW�Y COMPANY.