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HomeMy WebLinkAbout05804 - GREGORY ROMAN ET AL ACQUISITION OF I-10 INTERCHANGE RIGHT OF WAY ` DOC # 2009-0417948 RECORDING REQUESTED BY: 08/11/2009 08:00A Fee:NC Page 1 of 17 ORANGE COAST TITLE COMPANY Recorded in Official Records County of Riverside Larry LL Ward WHEN RECORDED MAIL TO: Rssessor, County Clerk & Recorder CITY CLERK II IIII II II II III III II III II IIII CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 S R U PAGE I SIZE I DA I MISC I 40NG RPO COPY 1 ) 71 M A L I 465 1 426 PCOR NCOR SMF NCHG�o EXAM T CTY UNI VYJI THIS TRANSFER IS EXEMPT FROM EXEMPT FROM RECORDING CHARGES DOCUMENTARY TRANSFER TAX UNDER GOVERNMENT CODE §6103 .� PURSUANT TO REVENUE &TAXATION CODE § 11922 APN; 6 06-376-006 TRA: 061-105 ESCROW NO. 212935 -2795 ORDER NO. 140-883781-66 GRANT OF EASEMENT DEED (Title of Document) 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 12.425\01080M01PG\COjw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 GRANT OF EASEMENT DEED APN: 666-370-006 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, i FARZANEH ROMAN, TRUSTEE OF THE FARZANEH ROMAN LIVING TRUST DATED MARCH 20, 2007 AS TO 26% INTEREST; DON KRONSBERG AND BRENDA KRONSBERG, TRUSTEES OF THE KRONSBERG FAMILY TRUST DATED FEBRUARY 28, 1983 AS TO 20% INTEREST; MARGO ROSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED JULY 14, 1993 AS TO 20% INTEREST; MARY ANN THEISEN, TRUSTEE OF THE WAYBREEN TRUST DATED OCTOBER 10, 1994 AS TO 15% INTEREST; MIKE METZ AND SUSAN KENNINGTON CO-TRUSTEES, HASKELL METZ ESTATE AS TO 15% INTEREST; GREGORY ROMAN AS TO 4% INTEREST, ALL AS TENANTS IN COMMON, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property in the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. ROW: 1-10 and Indian Interchange 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: z-- ��7 The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated ca 1994 March 20, 2007 By: By: 2! � Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated q) February 28, 1983 C By: Mike Metz, Co-Trustee By: N Don Kronsberg, Trustee � By: M Susan Ke in ton, Co-Trustee By: Brenda Kronsberg, Trustee ~ Gregory Ro a The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By: SiGNEV fff COUNTERPART Margo Rosen, Trustee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) I j ss. COUNTY OF 1.0 e S On before me, ( i i CLi PbLd I L3 VVi W +n;C Notary Public, personally appeared _ JegDr; 12�rnc,Y� �v.�( i=Qrz� Leh 1Gcl�ail who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/skre/they executed the same in hiel4er/their authorized capacity(ies), and that by h.iS/herr/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. LLILIAN PUDJOWiBOWO WITNESS .y hand and official seal. COMM-01832066 s NOTARY P11&JC rGWrORNµ n LO$ANGE4E5 COUNTY. Comm.Exp.JAN.23,2013 Signature My Commission Expires: i (;-on This area for official notarial seal 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: The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 2007 By: By: Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated By: February 28, 1983 Mike Metz, Co-Trustee GJ By: rn Don Kronsberg, Trustee By: Susan Kennington, Co-Trustee By: Ky Brenda Kronsberg, Trustee Gregory Roman �9 The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman S°1 By. 33 Margo Rose Trustee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY O On lqa� • ---2G',) before rryey Notary public, persor4Ay appeared K (j. --� , who proved to me on the basis o atisfactory evidence to be the person(gwhose name(*) is/afe subscribed to the within instrument and acknowledged to me that be/she4ey executed the same in Eris/her/ftir authorized capacity(i4s), and that by h1'rb/her/ftir signatures on the instrument the person(v), or the entity upon behalf of which the person(':5-)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. WITNEZ�§/my hand and official seal. Signature �� My Commission Expires: This area for official notarial seal LINDA HERZ Commission# 1B19s99 Notary Public.California Loa Angeles L04coofm County Fx fires Oct Y5,2012 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: JyI �J rit The Wa e Trust ed October 10, The Farzaneh Roman Living Trust Dated W 1994/ March 20, 2007 t� By` By: Mary Ann Yketsen, Trustee Farzaneh Roman, Trustee nn The Haskell Metz Estate The Kronsberg Family Trust Dated By: February 28, 1983 A Mike Metz, Co-Trustee By: By: Don Kronsberg, Trustee Susan Kennington, Co-Trustee By: Gregory Roman Brenda Kronsberg, Trustee The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By: Margo Rosen, Trustee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF OrG ) On c2 (S before me, Myrle JOnnQ.( (s Notary Public, personally appeared Nlrary A n T-6z sen who proved to me on the basis of f sati actory evidence to be the person whose name" is/Kre subscribed to the within instrument and acknowledged to me that i)o/she/tVy executed the same in */her/ttt* authorized capacity(4,�' and that by */her/th)air signatureO on the instrument the person(, or the entity upon behalf of which the person( 7 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.2V a M L GE ONNELLS ti COMM...1751296 �J9 ^- n� U °��' NOTARY Pl1BLIC•CALIFORNIA 1 (�E' I yvYn�/ m ORANGECDUNN (il My Tom Exp,June 16,A�11 Signature My Commission Expires: 0 aol This area for official notarial seal 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: H S-/or, The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 2007 By: By: Mary Ann Theisen, Trustee a5 Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated By: February 28, 1983 Mike Metz, Co-Trustee C� By: � D Kronsberg, ust e By: � Susan Kennington, Co-Trustee By:, / renda Kronsberg, Truste Gregory Roman Za The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By: Margo Rosen, Trustee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF On t 2,0613� , before me, 5C", �i.y lr.e.r erg Notary Public, personally appeared c! c�5who who proved to me on the basis of satisfactory evidence to be the person(s) se name(s) jes are subscribed to the within instrument and acknowledged to me that•bee/they executed the same in 41s#tef/their authorized capacity(ies), and that by his/iaer/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. ' sacrnRmis80osn#1816R27A c Notary Public-California z Las Angeles County Signature My Comm.Expires Oct 5.201wwrw2 My Commission Expires: � ;.ZQN-Z This area for official notarial seal 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: Zilacj The Waybreen Trust Dated October 10, The Farzaneh Raman Living Trust Dated d 1994 March 20, 2007 �9 By: By: Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated B � ev`1 February 28, 1983 Y Mike Co-Tru tee BY: Dan Kronsberg, Trustee By: - usan Kennington, Co- ustee By: Brenda Kronsberg, Trustee Gregory Roman The Margo Rosen Trust Dated July 14, BY: 1993 Gregory Roman By. Margo Rosen, Trustee SEE ATTACHED FOR NOTARY- ACKNOWLEDGEMENT STATE OF CALIFORNIIA ) COUNTY OF On 4cd di, �2o-T , before me Notary Public, personkilly appeared fidr - who proved to me on the basis of satisfactory evidence to be the persono whose name(.) 19 re subscribed to the within in trument and acknowledged to me that I-dlWe/ e executed the same in hfs/lxer ei authorized capacity and that by 07iS/IrE�er7 signatureM on the instrument the person, or the entity upon behalf of which the person(9 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. D. L. SMITH ti Comm...1814206 (l1 [] tab a NOTARY PUBLIC-CALIFORNIA 1 ORANGE COUNTY W Signature My Term Exp.Sepl.20,2 012'� �^ - My Commission Expires:�L ,17t �'. do��— This area for official notarial seal EXHIBIT"A" INDIAN AVENUE PUBLIC ROAD AND UTILITY EASEMENT PARCEL CO-1 THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE NORTHERLY MOST CORNER OF LOT"C"OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 INCLUSIVE OF PARCEL MAPS, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO, 86- 171822, OF OFFICIAL RECORDS N.45°03'24"W., 117 064 METERS TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1964 AS DOCUMENT NO. I D4165, OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID EASTERLY LINE S.00020'3VW., 12.331 METERS TO THE MOST SOUTHERLY CORNER OF SAID PROPERTY, SAID CORNER BEING ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 AS DOCUMENT NO, 66635, OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A 45.724 METER RADIUS,A RADIAL LINE FROM SAID POINT BEARS S 89036'33"E.; THENCE NORTHERLY ALONG THE SOUTHWESTERLY LINE OF SAID SHELL OIL COMPANY DEED AND ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 41018'25",AN ARC LENGTH OF 32.965 METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE N.89058'2VE., 11.352 METERS TO THE EASTERLY LINE OF SAID SHELL OIL COMPANY DEED; THENCE ALONG SAID EASTERLY LINE S.00020'35"W., 17.934 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 108.2 SQ. METERS, 1,164 3 SQUARE FEET, MORE OR LESS, SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983,ZONE 6, MULTIPLY DISTANCES SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES. �O BAN D sUR n✓Tit.i./1 ,4 MICHAELA. HAVENER, PLS 7354 DATE �' EYp 12131fo7 EXP. 12-31-09 N Na7354 THIS DOCUMENT R_PVIEVIED BY ;A c� RIVERSIDE OOul%n-Y SURVEYOR, TFoF CA�EFC4 BY: Page 1 of 1 DATE: a Lls a EXHIBIT 77 B77 PUBLIC ROAD AND UTILITY EASEMENT LEGEND PUBLIC ROAD AND UTILITY EASEMENT �p LAND S� AREA = '108.2 SQ. M. �yg 4 A. RL (1,164.3 SQUARE FEET) v�42F A h o ERP.-31 DEC 09 �z s} �T•4T 'I'o• 736 ¢��P F OF CAG1F� IJ.I APN 666--370-006 z THIS DOCUMENT REVIEWED BY jRIVERSIDE COUNTY SURVEYOR. Q BY' � 'lori, 1W 2 GATE: a7� z 3E Cl A% Q T 's S r) it J z i,sr ]m R/W LINE PER DEED REC. 8/02/32 IN BK. 86, PG. 92 O.R. r BOUNDARY OF PAR. "AT PER ��ri / DEED REC. 1r( 1 0 /18/551N IN BK. 1808, PG. 127iO.R. � DETAIL "A" 2o7'H sHr T 2 pp S ~ ^� \ Lu (CS MAP 204--484) `hk DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. : CO-1 OTHERWISE NOTED. MULTIPLY DISTANCES I PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE NOT TO SCALE DISTANCES. DATE:7-16-09 SHEET 1 OF 2 SHEE75 EXHIBIT " B " PUBLIC ROAD AND UTILITY EASEMENT N 89'58'20" ENE, R/W �11.352 m, Ng� � E. �T.P.0.6. AP N 666--370--006� _ NN i�S, 1Jo 1J PARCEL CO-1 n n %s j NE'LY LINE OF DEED TO THE COUNTY OF RIVERSIDE E REC. JULY 22, 1986 AS Qc) S'LY COR. OF PROPERTY .3 DOC. NO. 86-171822 O.R. DESCRIBED IN DEED TO ti P SHELL OIL CO. REC. �I L4 AUGUST 25, 1964 AS DOC. NO. 104165 O.R. ` O1 S 89"36'33" E (R) S 00'20'35" W 1.369 m \ rr> \ 'Qs ti \ P.Q.C. NE'LY LINE OF DEED TO .9�\ MOST N'LY COR. STATE OF CALIFORNIA L \\ LOT "C" PER REC. JAN. 12, 1966 AS d \ PM 134/88 -89 INSTR. NO. 3948 Q.R. . e \ a � I � I DETAIL "A' \\ LEGEND NOT TO SCALE \\ I 4 PUBLIC ROAD AND UTILITY EASEMENT \ I b AREA = 106.2 SO. M. \ I o (1,164.3 SQUARE FEET) \\`II i m P.O.C. POINT OF COMMENCEMENT ` CCLdddl T.P.O.B. TRUE POINT OF BEGINNING \ R/W RIGHT-OF-WAY O ARE D. METERS UNLESS COUNTY OF RIVERSIDE PAR, NO. : CO-1 OTTHERWISEHERWISE PREPARED BY, KAMH NOTED. MULTIPLY DISTANCES I BY 1.00002594 TO 06TAIN GROUND PROJECT: 1-1O/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES, DATE:?-16-09 SHEET 2 OF 2 SHEETS 0 PALM s City of Palm Springs Office of she City Cleric OT °en.e�'p°y j200 E. Tahquim Canyon Way • Palm Sprin n, California 92262 FORZO- Tel; (760) �23-6204 • Pax: (760)322-SD32 • Web: www,palmsprings-caAgov A5804 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-370-006 dated: March 12, 2009, from, Farzaneh Roman, Trusee of the Farzaneh Roman Living Trust dated March 20, 2007 as to 260% interest; Don Kronsberg and Brenda Kronsberg, Trustees of the Kronsberg Family Trust dated February 28, 1983 as to 20% interest; Margo Rosen, Trustee of the Margo Rosen Trust dated July 14, 1993 as to 20% interest; Mary Ann Theisen, trustee of the Waybreen Trust dated October 10, 1994 as to 15% interst; Mike Metz and Susan Kennington co-trustees, Haskell Metz Estate as to 15% interest; Gregory Roman as to 4% interest, all as tenants 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 22na day of March, 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 22na day of March, 2009. AMESTHOMPSON City Clerk Posr Office Box 2743 • Palm Springs, California 92263-2743 stewart ►r , Stewart Title California, Inc 78-900 Avenue 47,7, Suite 1 12 title of california, inc. La Quinta, CA 92253 (760) 771-4645 Phone (760) 771-5854 Fax August 12, 2009 N G —I ao The City of Palm Springs, a municipal corporation c'„•, - '" 3200 E. Tahquitz Canyon Way -' ' ^M Palm Springs, CA 92262 LID RE- Escrow Number 212935 Property Address APN 666-370-006-6 The above escrow closed on 8/12/2009; in connection therewith we enclose the following: Check in the amount of$270.00 Final Closing Statement(PLEASE RETAIN FOR TAX PURPOSES) Recorded documents to which you are entitled will be mailed to you by the County Recorder's Office. Any other documents to which you may be entitled will be forwarded to you as soon as they are available. COUNTY TAXES ON REAL PROPERTY ARE DUE AS FOLLOWS: First installment due November 1st and delinquent after December loth- and Second installment due February 1st and delinquent after April 10th. if you do not receive a Tax Bill one month prior to the due date, please contact your County Tax Collector. Thank you for the opportunity to be of service to you in this transaction. We look forward to working with you again. Sincerely, Stewart Title of California, Inc. Peggy Baumgardner Escrow Manager (760)262-3794 Fax p eggy.baunrgardner@stewart.eom enclosures r....w N,,mbcr 112m5.Clue in-Buy=I Page 1 of l Buyer's Final Closing statement 8/1 Z09 2:01 PM File 212935 Stewart Title of California, Inc. (760) 771-4645 Buyer's Final Closing Statement Buyer(s) The City of Palm Springs,a municipal corporation,3200 F,Tahquitz Canyon Way, Palm Springs,CA 92202 Seller(s) Farzaneh Roman,Trustee Don Kronsberg,Trustee Brenda Kronsberg,Trustee Margo Rosen,Trustee Mary Ann Theisen,Trustee Mike Metz,Trustee Susan Kennington,Trustee Gregory Roman Lender Property APN 655-370-006.5 Closing date 8/1212009 Proration date 8/12J2009 Bank RVRUBL-Union Bank of California 90-113254 Escrow Unit 2795-SC-Peggy Baumgardner Escrow Officer Peggy Baumgardner Debit Credit ContractSales Price............................................................................................................................... 13,280.00 Deposits: Deposit or earnest money from The City of Palm Springs,a municipal corporation... ................ 14,990,00 Title Charges: Settlement or closing fee to Stewart Title of California,Inc..... ............ ............... 860,00 Document preparation to Stewart Title of California,Inc. . ............. ................... 150.00 Title insurance to Orange Coast Title Company $400.00... ................................... .....I......... Owner's coverage to Orange Coast Tltic Company Liability amount$13,280.00 ........................................................ ........... . . 400.00 Recording Foos/Transfer Charges; Recording Tees to Orange Coast Title Company Release$30.00.. ................. ........................... ............. 30,00 Subtotal- 14,720.00 14,990.00 Balance due to Buyer: 270.00 Totals: 14,990 00 14,990.00 Page 1 RECOKIIING REQUESTED Er- of 5_r N' i of Document Herorded ORANGE CDAST TITLE COMPANY on�" —O as NnAL7QA- WHEN RECORDED MAIL TO: has not been comparedW-iitth - original. THILINA L. BALA5URLYA MONISHA D ]AYAWARDENA 1569 W. FLIPPEN CIRCLE RIVERSIDE COUNTY CALIFORNIA ANPAHEK CA 92602 S R U PAGC 112G I DA fv41SC LOIJG RFD COPY �'- M A L 4G5 42G PCOR NCOR SMF NCHG EIAw T: CTY UNI APN: 666-370-006 TRA: 061-105 ESGkbW NO. 212935 -2795 ORDER NO. 140.883701-66 sUBSTITUTION OF TRUSTEE AND FULL RECONVI=YANCE (Title of Document) RECORDING P,-EQUESTBD BY: Stewart Title of California WHEN RECORD? D A2AIL TO, Thilina L.Balasurlya 1\4ouislia D. Jayawardona 1569 W. FLJPP> N CIRCLE AIQAEEIH, CA 92802 OpJ7LRNO: - ESCRDW NO: 2795-212935 SPACE ABOVE THIS LINE FOR RECORIDER'S USE APN: 666-370-006-6 Substitution of Trustee and Full Reconve}ranee VJTIBREAS,17tiIina L.Ealasurlya and Mon slia D, Jayawardena was the original Truster,Land America Gateway Title the original Trustee, acid the original Beneficiary,under that certain Docd of Trust dated October S, 2005 and recorded on, October 12,2005, as Instrument Numbcr 2005-0840021, in the Official Records of the County of Piverside, State of California, avid affecting the land described in said Deed of Trust,and WHEREAS dic undersigned is the present Beneficiary and holder of the Note under said Deed of Trust; and whereas the undersigned Beneficiary desires to substitute a new Trustee under said Deed of Trust in place and stead of Land America Gateway Title,now 112crefore,the undersigned hereby substitutes (fhe selves,himself,herself) as Trustee under said Deed of Trust and does hereby reconvcy,without warranty,to the person or persons lePalk} un d thereto,the Estate now lield by him thereunder. Dated: June 17, 2009 Mai}� Tltei i STATE OF CALIFORNIA COUNTY OFty— On —7s- C)L7 _before me, Gcz.�ir Notary Public, personally appearad ��'4 a"7A'� Sc? who proven to me,on the basis of satisfactory cvidenee to be the person(z,whose nairaN3i 'arc-subscribed to ilia within instrument and aciaiowledged to nie that lu 5 413e5-racccutud the same in 'hisCie A1=q authorized capacity(i4�,and that by htis Oar signaturq-r) on the instrument the person(,<or the cnti;y upon behalf MID COMMIMW if 17f- ofwhich the person( acted,executed the instrument. Nwcwy•utmc-t Wftr"M �� Wonge County i ocrtifyundcr PFIIALTY OP PER7UR'Y under the laws of the State +IMCnntrn.tk>�tab�.2Di2 of California that the foregoing paragraph is true and correct. WITNESS ni o cial sew. Sianaturc Cti'J (Saa7) Under the pro tisIons of Govennrnent Code 27361.7, 1 certify under penalty of perjury that the notary seal on the document to which this statements attached reads as follows: Name of Nolary: SEAN LANGEVIN Commvssicn#: 1792262 County Where Bond is Piled: ORANGE COUNTY State'Mr Ere Bond is Piled: CALIFORNIA Date Commission Expires: RTTAPV 28, 2012 Date: AUGUST 5, 2009 Signature: LAURA A. GRUNTZ, ORANGE COAST TITLE COPY Of Document Recorded RECORDING REQUESTED BY; onus No.41-Z9k'� has not been compared With ORANGE COAST TITLE COMPANY Original. WHEN RECORDED MAIL TD; CITY CLERK RIVERSIDE COUNTY CALIFORNIA CITY OF PALM SPRINGS 320D E. TAI-IQUITZ CANYON WAY PALM SPRINGS, CA 92262 5 R U PAGG SIZE CA MISC LONG RFD COPY M A 1 465 1 425 1 PCOR NCCR SMF NCHG [XAM T: I CTY UNI THIS TRANSFER 15 EXEMPT FROM EXEMPT FROM RECORDING CHARGES DOCUMENTARY TRANSFER TAX UNDER GOVERNMENT CODE 96103 PURSUANT TO REVENUE &TAXATION CODE § 11922 APN: 666.370-006 TRA: 061-1 D5 ESCROW NO. 212935 -2795 ORDER NO. 140-$63781-66 GRANT OF EASEMENT DEED (Title ❑f Document) 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 92202 12.425\010$09\001P3\C0Jw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§ 6103 GRANT OF EASEMENT DEED APN: 655-370-COO This transfer is exempt from Documentary Transfer lax pursuant to Revenue &7axation Code § 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FARZANEH ROMAN, TRUSTEE OF THE FARZANEH ROMAN LIVING TRUST DATED MARCH 20, 2007 AS TO 26% INTEREST; DON KRONSBERG AND BRENDA KRONSBERG, TRUSTEES OF THE KRONSBERG FAMILY TRUST DATED FEBRUARY 28, 1983 AS TO 20% INTEREST; MARGO ROSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED JULY 14, 1993 AS TO 20% INTEREST; MARY ANN THEISEN, TRUSTEE OF THE. WAYBREEN TRUST DATED OCTOBER 10, 1994 AS TO 15% INTEREST; MIKE METZ AND SUSAN KENNINGTON CO-TRUSTEES, HASKELL METZ ESTATE AS TO 15% INTEREST; GREGORY ROMAN AS TO 4% INTEREST, ALL AS TENANTS IN COMMON, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within the real properly in the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. ROW I-10 and Indian Intercnange TOGETHER with: 1. All tenements, hereditamenls and appurtenances, including easements and water rights, if any, thereto helonging 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 TD: 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:^/-- r"� The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 20W � By: By, Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated February 28, 1983 By: Mike Metz, Co-Trustee BY: Don Kronsberg, Trustees By: SusaAK2 ,n n, Co-Trustee By: Brenda Kronsberg, Trustee Gregory The Margo Rosen Trust Dated July 14, BY: 1993 Gregory Roman By: ,�6G Margo Rosen, Trustee a� P��,� �� �C?Ed6aFT'�t3A.,�EZ� ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF 1,05 On J r / 'Oon before me, (,tuom Notary Public, personally appeared I2-oDinn arm Fclrzr,Ioeln izobpnan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that Ise/skre/they executed the same in hie/h.er/ihelr authorized capacity(ies), and that by his/h-&r/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. _ LILIAN PUDJOWIBowO WITNESS .y hand and official seal. coMM.#1e32066 r NDTARY PUBLIC-CALIPOMA LOS CommAExpELES JANcDUNTY 23,2073 Signature 1 My Commission Expires: $ ( 3 I ( This area for official notarial seal TOGETHER with: 1 . All tenements, hereditaments and appurtenances, including easements and wafer 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 BEirvi� FUR T HER SUBJECT T D: 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: l5 / C Cl The Waybreen Trust Dated October 10, The Farzaheh Roman Living Trust Dated 1994 March 20, 2007 By: By: Mary Ann Theisen, Trustee Farxaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated By: February 28, 1983 � Mike Metz, Co-Trustee Qy: B Y Fn Don Kronsberg, Trustee Susan Kennington, Co-Trustee BY: Ey Brenda Kronsberg, Trustee Gregory Roman p C The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By. Margo Rose Trustee ^.y ACKNOWLEDGEMENT STATE OF CALIFORNIA ) • � ) ss. COUNTY OF . -�l On �`�r _lC before mey �a�� ��• Z_ Notary Public, personally appeared 1 �' �;� N. =r who proved to me on the basis of-eatlsfactory evidence to be the person(,Owhose name( is/are subscribed to the within instrument and acknowledged to me that 'fat /she/trey executed the same In Yxislher/f RQir authorized capacity(ik), and that by hits/her/their signatui-e&> on the instrument the person(y53), 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:( ./`C/­ This area for official notarial seal LINOA HEAZ Gommission S 1819599 z Notary Public-California i Los Angeles County r M Comm.Ezplras Oct 25.2012~ 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: -Thy 6i The Waybr e Trust ed October 10, The Farzaneh Roman Living Trust Dated March 20, 2007 7 �e By By: Mary Ann en, Trustee Farzaneh Roman, Trustee q, The Haskell Metz Estate The Kronsberg Family Trust Dated rn February 28, 1983 By. Mike Metz, Co-Trustee By: �1 Don Kronsberg, Trustee By: Susan Kennington, Co-Trustee By: Brenda Kronsberg, Trustee Gregory Roman The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By: Margo Rosen, Trustee ACKNOWLEDGEMENT STATE OF CALIFORNIA } ss. COUNTY OF -GOO-OY C ) On before me, —�.�eol Notary Public, Ni personally appeared G( i/�y�y, n;se n who proved to me on the basis of satisfactory evidence to be the person whose nameW is/ subscribed to the within instrument and acknowledged to me that �/she/they executed the same In Fly/her/tlg.r authorized capacity(ielo, and that by IlWher/th`eir signature(} on the instrument the person(, or the entity upon behalf of which the person O acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LJ MYCL D )""5LLS WITNESS my hand and official seal. m 1751296 ���` / �/O n(� NOTAAY Pl1BZ COU14IFOANIA -I/U (�(� �J /`�/ CRANGE COWJTY [il My T",Epp Jung 15.Rp11�, 5igna ure My Commission Expires; 0(9 D 1901 This area for official notarial seal 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 FURTHIER SUBjEC T TO: 1. General and spacial 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: 5-15~Ic g The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 2007 By: By: Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated February 28, 1983 By: Mike Metz, Co-Trustee By: D Kronsberg, e By: Susan Kennington, Co-Trustee III By:` nu renda Kronsberg, Trustee/ Gregory Roman Za The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By: Margo Rosen, Trustee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF t _ t On nq,- '� i7 Z before fex, Notary Public, personallyappeared ��C.� cr,nhVti r \c �»'��e c who roved to me on the basis of satisfactory evidence o be the p rscn(s) ame(s) .le/are subscribed to the within instrument and acknowledged to me that -bye/they executed the same in hisAher/their authorized capacity(ies), and that by h•i=&#er/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 m hand and official seal. i SANPRAss]on AS1G127A y '� Commission#1876127 g::m Notary Pu6110-California z Los Angeles County My Comm. Expires Oct 5, 2012 Signature My Commission Expires: Cc- -'lz- I� 42aDV? This area for official notarial seal 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: ,/ILiIlas The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 2007 By; By: Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated February 28, 1983 By: 14"I L4/ T Mika Cc-Tru tee By: Don Kronsberg, Trustee By: Lit usan Kennington, Co ustee By: Brenda Kronsberg, Trustee Gregory Roman The Margo Rosen Trust Dated July 14, By: 1993 Gregory Roman By: Margo Rosen, Trustee BEE ATTACHED FOR NOT ,, ACKNOWLEDGEMENT STATE OF CALIFOR%A ) COUNTY OF U�� ) On � /, �d� before me, J 7 ��� ti Notary Public, person Ily appeared , , who proved to me on the basis of satisfactory evidence to be the person( whose name(s }( re subscribed to the within i Girument and acknowledged to me that V/Ve/ e exe bit/h,(55 7iei signatures on the Instrument the persor5 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. 01— D. L. SMITHm COMM,..1814206NOTARY PNBLICRANGE OUNTY DI RNIA —{ My Term E&p.5ept.20,2072 Signature �, My Commission Expires: This area for official notarial seal EXHIBIT"A" INDIAN AVENUE PUBLIC ROAD AND UTILITY EASEMENT PARCEL CO-1 THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH, RANGE 4 EAST,SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHERLY MOST CORNER OF LOT"C"OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 INCLUSIVE OF PARCEL MAPS, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86- 171822, OF OFFICIAL RECORDS N.45403'24"W., 117.064 METERS TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1954 AS DOCUMENT NO. 104165, CF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE S.0002D'35"W., 12.331 METERS TO THE MOST SOUTHERLY CORNER OF SAID PROPERTY,SAID CORNER BEING ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED AS PARCEL"A° IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 AS DOCUMENT NO.65635, OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE BEGINNING OFA NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A45,724 METER RADIUS,A RADIAL LINE FROM SAID POINT BEARS 5.89°36'33"E.; THENCE NORTHERLY ALONG THE SOUTHWESTERLY LINE OF SAID SHELL OIL COMPANY DEED AND ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 4101675", AN ARC LENGTH OF 32.965 METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE N.89058'20"E., 11.352 METERS TO THE EASTERLY LINE OF SAID SHELL OIL COMPANY DEED; THENCE ALONG SAID EASTERLY LINE S.00020'35"W., 17,934 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 108.2 SQ, METERS, 1,164.3 SQUARE FEET, MORE OR LESS, SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983,ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES. UpN b g�� A. 7- l&-oq MICHAEL A. HAVENER, PUS 7354 DATE ~ Exp.17181/ EXP. 12-31-09 J Na,7354 q THIS DOCUM 1' REVTEWED BY RIVEn'S`IDiCf:lU1mtSURVEYOR 9�e BY: N Page 1 of 1 PATE: a a3 d EXHIBIT " B " PUBLIC ROAD AND UTILITY EASEMENT LEGEND PUBLIC ROAD AND UTILITY EASEMENT LAND SU AREA = 1091 SQ. M. $y EL n. RLF (1,164.3 SQUARE FEET) EXp, 31 DEC 09 755k F OF- CAL- w D APN 656-370-006 Z THIS DOCUMENT REVIEWED BY jIWERSTDE COUNTY SURVEYOR. Q /E2Y: DATE: Q 1 , 3 � Sri, r R/W LINE PER DEED REC. 8/02/32 IN SK. 86. PC, 92 O.R, r BOUNDARY OF PAR. "A" PER 1PAR, 1 DEED REC. 10/18/55 IN IN BK. 1608, PG. 127 O.R. SCE DETAIL "A" 7204-4B4) I SHEET 2 (1j\17 � \ DISTANCES ARE IN METCRS UNLESS COUNTY OF RCWERSDE PAR. NO. : CO-1 OTHERWISE NOTED_ MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594, TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE 5QALE: NOT TO SCALE DISTANCES. DA7-7-16-09 SHEET 1 OF 2 SHEETS EXHIBIT " B " PUauC ROAD AND UTILITY EASEMENT N 89'58'20" E—NEW 1.352 m R/W 490/ APN 666-370--006� r M� CD-7 e n n N r NE'LY LINE OF DEED TO THE COUNTY OF RIVERSIDE 1 U C REC. JULY 22, 1986 AS S'LY CDR. OF PROPERTY DESCRIBED IN DEED TO 8 3 'y DOC. N0. 86-171822 D.R. am �� SHELL OIL CO. REC, AUGUST 25, 1954 AS 2y, DOC, N0. 104165 O.R. E_(� 1 I J fi Iy S 89136133" E R) S 00'2D'35" W 1.369 m \ rr> 0 , P.o.c. NEV LINE OF DEED TO .� \ MOST N'LY CDR. STATE OF CALIFORNIA \ LOT "C" PER REC, JAN. 12, 196B AS 4p `\ PM 134/88-89 INSTR. NO. 3M O.R. \ DETAIL 'A" LEGENDNOT TO SCALE !r PUBLIC ROAD AND UTILITY EASEMENT \ AREA = 108.2 SQ. M. ` a a (1,164.3 SQUARE FEET) � P.D.C. POINT OF COMMENCEMENT ` T,P.03. TRUE POINT 9F BEGINNING ` \ R/W RIGHT-OF-WAY DISTANCES ARE IN METERS U14LESS COUNTY OF RIVERSIDE PAR. N0. : CO-1 OTHERWISE NOTCD. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1A0002594 TO OBTAIN GROUND PROJECT: 1-10/11DIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. OATE:7-76-09 SHEET 2 Or 2 SHEETS F ?AIM SA �. City of Pa1�.-n Springs w+ j Office of the City Clerk oM1 " °" ovmiv` H i-'flll L 'lnlupuv Cinyu \V,n' 1'ilni Sprints, C.uliRnnia 9"Gy FORS\� '111. (761)) 32,-820-i • Id,. (70))322-- i 2 • %Vuh n'u'w.� .ilmshringS- n.pus A5804 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Rand described in Exhibit "A" APN: 666-370-006 dated: March 12, 2009, from, Farzaneh Roman, Trusee of the Farzaneh Roman Living Trust dated March 20, 2007 as to 26% interest; Don Kronsberg and Brenda Kronsberg, Trustees of the Kronsberg Family Trust dated February 28, 1933 as to 20% interest; Margo Rosen, Trustee of the Margo Rosen Trust dated July 14, 1993 as to 20% interest; Mary Ann Theisen, trustee of the Waybreen Trust dated October 10, 1994 as to 15% interst; Mike Metz and Susan Kennington co-trustees, Haskell Metz Estate as to 15% interest; Gregory Roman as to 4% interest, all as tenants 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 22nd day of March, 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 22nd day of March, 2009, AMES THOMPSON City Clerk Post Office Box 2743 1 Palm Springs, California 92263-2743 Stewart Title of California, Inc Stewart = .` 78-900 Avenue 47, Suite 112 title of California, inc. La Qumta, CA 92253 (760) 771-4645 Phone (760) 771-5854 Fax June 15, 2009 The City of Palm Springs, a municipal corporation 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 D 1 RE: Escrow Officer Peggy Baumgardner Escrow Number 212935 Escrow Unit No. 2795 Property Address Stewart Title of California, Inc. would like to take this opportunity to congratulate you on the purchase of your new property and to introduce Peggy Baumgardner,your Escrow Officer. In order to expedite your transaction, please complete, sign, and return to our office the following: (Copies are enclosed for your records) Escrow Instructions Preliminary Report Approval Preliminary Change of Ownership ABA Disclosure Notice and Instruction for Deposit We are enclosing the following for your records: Important Information Sheet Preliminary Report dated as of 5/28/2009 Should you have any questions, do not hesitate to contact your Escrow Officer,Peggy Baumgardner. We appreciate your business and will work towards seeing this transaction to a smooth completion Sin r'ly, St w -t Title of California,Inc. Peggyrdne Escrow Manager (760) 262-3794 Fax peggy.baumgardner@stewart.com �...,.enwc 313915.O�ei Lv•Iluyn 6L Page 1 of 1 Stewart Title of California, Inc stewart oM 78-900 Avenue 47, Suite 112 title of California, inc. La Quints, CA 92253 (760) 771-4645 Phone (760) 771-5854 Fax Date June 1, 2009 Escrow Officer Peggy Baumgardner Escrow Number 212935 Property Address . SUPPLEMENTAL ESCROW INSTRUCTIONS STEWART TITLE OF CALIFORNIA,INC- IS LICENSED BY THE STATE OF CALIrORNIA UNDER TI IE DEPARTM ENT OF IN$URANCC LICCNSE NO.3X8 In accordance with the provisions of that certain Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions, (hereon after referred to as the"Agreement"), executed copies of which were deposited into escrow on May 28 2009,by and between Seller(s): Farzaneh Roman, Trustee of The Farzeneh Roman Living Trust Dated March 20, 2007 as to an undivided 26% interest; Don Kronsberg and Brenda Kronsberg,Trustees of The Kronsberg Family Trust dated February 28, 1983 as to an undivided 20% interest; ; Margo Rosen,Trustee of The Margo Rosen Trust dated July 14, 1993 as to an undivided 20% interest; Mary Ann Theisen,Trustee of the Waybreen Trust dated October 10, 1994 as to an undivided 15% interest; Mike Metz and Susan Kennington, Co-Trustees of the Haskell Metz Estate as to an undivided 15% interest; and Gregory Roman as to an undivided 4% interest and Buyer(s): The City of Palm Springs, a municipal corporation Escrow Holder acknowledges receipt of a fully executed copy of the Agreement and agrees to act as Escrow Holder as described in the Agreement subject to the terms of Escrow Holder's instructions herein, and General Provisions. All other sections and/or paragraphs of the Agreement are matters between Buyer and Seller in which Escrow Holder shall have no concern and/or liability. The following are for clarification purposes only, and the parties hereto agree to be bound by same as far as the escrow is concerned. The intent of the following instructions is not to modify the agreement, only clarify Escrow Holder's duties thereunder. TOTAL CONSIDERATION $ 13,280.00 Close of escrow will be on or before as soon as possible Buyer to pay all costs in this transaction. Seller to pay only those costs incurred to remove all encmnbrarrces from record. The Purchaser is a tax exempt entity, therefore, Escrow I-Iolder is instructed NOT to prorate real property taxes at the close of escrow. The proration and/or adjustment of real property taxes will take place at the time the Purchaser files their tax exempt status based on the recording date. Any adjustment and/or prorated amounts will be calculated and refunded to the Seller from the County of Riverside Tax Assessor's Office. Each party signing these instructions has read, understands, and accepts the General Provisions attached hereto asExhibit 1. Escrow Number. 212935-Supplemental Escrow Instructions M1 Page l or 8 Buyer(s): The City of Palm Springs, a municipal corporation By: By: Seller(s): Farzaneh Roman, Trustee Don Krons6erg, Trustee Brenda Krons6erg, Trustee Margo Rosen, Trustee Mary Ann Theisen, Trustee Mike Metz, Trustee Susan Kennington, Trustee Gregory Roman Escrow Number. 212935-Supplememal Escrow instructions Pagc 2 of 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 atnotmt 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-going 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 trade on the basis of a 30 day month or 360 day year, unless otherwise instructed in writing. Proration of real property taxes including supplemental real property taxes,will be made on the basis of the latest available figures provided to Escrow Holder. The pluasc close of escrow(COE)as used herein means the 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 of same. 2. 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 the documents are actually recorded pursuant to the "SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the title 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 hamxless from all claims, losses or damages and attomcy'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 sub-escrow agent, including, but not limited to, any bank, trust company, title insurance company, title Escrow Number 212935-Supplemental Escrow Insn uctions Page 3 of 8 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. 4. 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 bioker(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 topics. 5. TIME AND WRITTEN NOTIFICATION Time is of the essence. In the 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. 6. 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 agreeable 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 INTERPLEADER OR OTHER COURT OR LEGAL PROCEEDINGS The principals hereto expressly agree that Escrow Holder has the absolute right, at its electron, to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among thenwlvcs; and Escrow Holder is authorized to deposit with the clerk of the court, all documents, instruments and funds held in escrow. In the event such action is filed, the principals jointly and severally agree to pay Escrow Holder's cancellation charges and costs, expenses and reasonable attorney's fees it is required to expend or incur in such intcrpleader 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 terms 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 finless 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. LEGAL ADVICE 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 representations are made by Escrow Holder about the legal sufficiency, legal consequences,financial effect or tax consequences of the 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 of title(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 terruinated upon sale, notes, deeds of trust and vendors liens. 12. STATE/FEDERAL CODE NOTIFICATION Escrow Number: 212935-supplements]Fscrow Instructions Past 4 of 8 According to Federal law, the Sellcr(s), when applicable, will be required to complete a 1099-S Workshcct 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, (c) 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 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHI•IOLD ANY AMOUNT EQUAL TO 3-1/3 PERCENT OF TF1E 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 TFIE 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 WITHHELD OR FIVE HUNDRED DOLLARS ($500.00). 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: 1) TIIE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00),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) TIJAT 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 TIIE MEANING OF SECTION 1033 OF THE INTERNAL REVENUE CODE) AND THAT TF1E 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 the scope of the intent of these instructions or any of the terms hereof. These instructions may be executed in 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. Escrow Number: 212935-Supplemental Escrow Imtruclions Page 5 of 3 15. BINDING 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 terra, 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 Agreement") is deposited to this escrow, it is understood that such document shall be effective only as between 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 on any knowledge or understanding Escrow IIolder may have of any such Purchase Agreement in ascertaining or performing 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 Lscrow IIolder,the parties agree io release Escrow holder from any and all liability of any land 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 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 a Trust: copy of the Trust Agreement, any amendments thereto and/or a Certificate of Trust. Esciow Number: 212935•Supplcmnntal Escrow Instructions Pagc 6 of 4) If a General Partnership: An original Statement of Pa nership, 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 LLCl 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 on the 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$50.00, 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 escrow 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 In the event suit is brought by any party or parties to this escrow, including Stewart Title 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 Escrow Number: 212915-Supplemental Esci ow Instrucnons Page 7 of 8 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,cxpenses, costs and attorney's fees incurred. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE 13PNEFIT 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 BE 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 TIIIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I/WE HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. INITIAL: Esciow Numbcr. 212935•Supplcmenlal Escrow Instructions Page 8 of 9 ;° •, Stewart Title of California, Inc Estewart Mp.` 78-900 Avenue 47, Suite 112 title of califprnia, inc. La Quinta, CA 92253 (760)771-4645 Phone (760)771-5854 Fax Date June 12, 2009 Escrow Officer Peggy Baumgardner Escrow Number 212935 Title Order No. 212935 Property Address „ PRELIMINARY REPORT APPROVAL The undersigned Buyer and Seller hereby acknowledge receipt of a copy of the Preliminary Report issued by Orange Coast Title, Order No. 883781-66 , dated May 28, 2009 and approve the legal description of subject property shown on Schedule A of the report. Buyer Approval: Buyer herein hereby approves Items A, C, D, 1-5, 8-12 of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. Further, Buyer hereby acknowledges receipt and approval of the Covenants, Conditions and Restrictions, if any. Seller 'Warranty: Seller herein warrants that to Seller's knowledge all liens, judgments and/or encumbrances affecting Seller and subject property are reflected in the Preliminary Report. If not, Seller will provide Escrow Holder with information to facilitate the pay-off and/or removal of any such items at close of escrow. Should any liens,judgments and/or encumbrances entered or recorded prior to close of escrow be. discovered after close of escrow, Seller will be responsible for the payment of same. In such event, Seller herein agrees to hold Stewart Title of California, Inc. free from responsibility and/or liability for the payment of same and indemnifies Stewart Title of California against any loss resulting therefrom. I have received a copy of these instructions and offer my warranty and indemnification, under penalty of perjury, as evidenced by my signature below. C¢nw Nlllnba;1M6 Paom nppnvw evyn sclln Page 1 of Seller(s): Parzaneh Roman, Trustee Don Kronsberg, Trustee Brenda Kronsberg, Trustee Margo Rosen, Trustee Mary Arm Theisen, Trustee Mike Metz, Trustee Susan Kennington,Trustee Gregory Roman Date: I have received a copy of these instructions as evidenced by my signature below. Buyer(s): The City of Palm Springs, a municipal corporation By: By: Date: F,1n1Nry-'Ac2I1915 I 111 m Appmwl U.w sdln Page 2 of 2 Order-No. 140-883781-66 ORANGE COAST TITLE COMPANY z MILDER SERVICES/COMIVVMRCIAL DIVISION ) � 3536 CONCOURS-D IVI;-#.120 ONTARIO, CA 91.764 UPDATED � I'M5IINARY REPORT STEWART TITLE OF CALIFORNIA -- - 78-900 AVENTIE47,SUITE 112 LA QUINTA,CA 92253 YOUR NO.: 212935 ATTENTION: PEGGYBAUMGARDNER ORDERNO: 140-883781-66 PHONE NUMBER: (760)771-4645 DATED: RLTNE2,2009 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, ORANGE COAST TITLE BUILDER SERVICES HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF,A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SETT FORTIS IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ_ THEY ARE AVAILABLE FROM THE OFFICE, WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN-OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. TITS EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS, WI3ICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT.LIST ALL LIENS,DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT WILL BE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY, DATED AS OF MAY 28,2009 AT7:30 AM. HELEN.IOHNSON TITLE OFFICER HELENIGG OCTITLE.COM PHONE(909)987-5433 FAX(909)297 2547 T 3LE FORM OF POLICY.OF TITLLjNSURANCE CONTEMPLATED BY THIS PX1 PORT IS: PRELIMINARY REPORT -I- Order No. 140-883781-66 Scam,RULE"A" THE ESTATE OR IlriEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE BE, IS VESTED IN: FWANE14 ROMAN,TRUSTEE OF THE FARZANER ROMAN.LIVING TRUST DATED MARCH 20,2007 AS TO 26%INTEREST; DON XRONSBERG AND BRENDA 1 0 ISBER07-TRUSTEES OF 11-M KRONSBERG FAMILY TRUST DATED FEBRUARY 28, 1983 AS TO 20% INTEREST, KARG9l OSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED .IULY 14, 1993 AS TO 20 % INTEREST; MARY ANN THEISEN,TRUSTEE OF THE WAYBREEN TRUST DATER OCTOBER 19, 1994 AS TO 15%INTEREST; MMB METZ AID SUSAN KENNINGTON CO-TRUSTEES,HASKELL METZ ESTATE AS TO 15%INTEREST;KGREGORY ROMAN AS TO 4%INTEREST,ALL AS TENANTS IN COMMON THE LAND REFERRED TO IN THUS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRMFD AS FOLLOWS: THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO MERIDIAN,IN THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE . SURVEYOR GENERAL FEBRUARY 29,1856 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL,"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18,1955 AS INSTRUMENT NO.66635,OFFICIAL RECORDS OF SAID COUNTY,SAID MOST NORTHERLY CORNER BEING ON THE EAST LINE OF INDIAN AVENUE AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86,PAGE 92 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT ALONG SAID EAST LINE NORTH 00 14'00"EAST 1366,44 FEET,MORE OR LESS,FROM THE SOUTH LINE OF SAID WEST HALF OF SECTION 14; TBENCB ALONG THE BOUNDARY OF SAID STATE OF CALIF09NIA PARCEL,SOUTHERLY AND EASTERLY ALONG ANON- TANGENT CURVE CONCAVE,NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN INITIAL TANGENT BEARING SOUTH 00 14' 00"WEST AND THROUGH A CENTRAL ANGLE OF 900 00'A DISTANCE OF 78.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH 890 46'00"EAST 136.23 FEET; THENCE CONTINUING ALONG SAID BOUNDARY EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 50 16'02",A DISTANCE OF 13.79 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT 240.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE CONTINUING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 840 43'58",ADISTANCE.OE 221.83 FEET; THENCE LEAVING SAID BOUNDARY,NORTH 00 14' 00"EAST PARALLEL TO SAID WEST LINE,A DISTANCE OF 785.00 FEET; THENCE NORTH 890 46'00"WEST 376.23 FEET TO THE SAID WEST LINE, THENCE SOUTH 00 14'00"WEST ALONG'SAID WEST LDM435.00 FEET TO A LINE P ARAi i EL WITH AND DISTANT 200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HEREIN RECITED AS"SOUTH 890 46' 00"EAST,136.23 FEET"AND ITS WESTERLY AND EASTERLY PROLONGATIONS; • ' THENCE SOUTH 890 46'00"EAST,ALONG SAID PARALLEL LINE 240.00 FEET TO SAID PARALLEL LINE THAT IS 240.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 00 14'00"WEST 200.63 FEET TO THE TRUE POINT OF BEGINNING. Order No. 140-893781-66 SCBE17ULE"B" AT THE DATE EXREOF EXCEPTION TO COVERAGE IN ADDITION TO THE PRINTED.EXCEPTIONS AND EXCLUSION . CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2009-2010, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. A LIEN NOT YET PAYABLE. B. GENERAL AND SPECIAL TAXES FOR THE. FISCAL YEAR 2008-2009, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. TOTAL AMOUNT S12,433.72 1ST INSTALLMENT $6,216.86 PAID 2ND INSTALLMENT $6,216.86 PAID CODE AREA 061-105 PARCEL NO. 666-370-006-6 EXEMPTION NONE C. THE LIEN OF DEFAULTED REAL PROPERTY TAXES AND ANY SUBSEQUENT DELINQUENCIES DELINQUENT YEAR PARCEL BILL TYPE INSTALLMENT TAX AMOUNT 2007-2008 666-370-006-6 REGULAR 2ND $6,068.87 AMOUNT TO REDEEM FOR, TUNE,2009 $7,803.14 D. THE LIEN OF SUPPLEMENTAL TAXES,IF ANY,ASSESSED PURSUANT TO THE PROVISIONS OF SECTION 75, ET SEQ_OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITIES DISTRICTS AFFECTING SAID LAND, WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAYS ORNOTICES FILED BY SAID DISTRICTS. ANY UNPAID AND/OR DELINQUENT BOND OR ASSESSMENT AMOUNTS WHICH MAY HAVE BEEN REMOVED FROM THE ROLLS OF THE COUNTY TAX ASSESSOR AND WHICH MAY HAVE BEEN REMOVED FROM THE TAX BILLS AND TAX DEFAULT REDEMPTION AMOUNTS. 1) WATER RIGHTS,CLAIMS OR:TITLE TO WATER,WHETHER ORNOT SHOWN BY THE PUBLIC RECORDS. 2) AN EASEMENT FOR PURPOSES HEREIN STATED,AND.RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: AUGUST2,1932IN BOOK 86,PAGE.92,OFFICIAL RECOMS FOR: PUBLIC ROADWAY, ND INCIDENTAL PURPOSES IN FAVOR OF: COUNTY OF RIVERSIDE AFFECTS: THE WESTERLY 40 FEET OF SAID LAND. 3) THE FACT THAT OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT TO SAID LAND, SAID RIGHTS HAVING BEEN RESERVED BY THE STATE OF CALIFORNIA IN THE. DEED RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 AS INSTRUMENT NO.6635,OFFICIAL RECORDS. 4) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL"THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: JUL•Y 13,1966 AS INSTRUMENT NO.71668,OFFICIAL RECORDS FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF: SOUTHERN CALIPORNIA EDISON COMPANY AFFECTS: APORTION OF SAE)-LAND. -3- Order No. 140-883781-66 5) COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED OCTOBER 18, 1968 AS INSTRUMENT NO. 100338, OFFICIAL RECORDS, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND • , ,,,,,OIj�,Y TQ xkll.� EXTENT;S&,D•COVENANT.(A) IS EXEMPT UNDER CHAPTER 47, SECTION.3607 OF,TIIE _ UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. "NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDE THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL _STATUS, DISABILITY,•NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND 15 VOID,AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTION UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTION BASED ON FAMILIAL STATUS." 6) A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF AMOUNT: $300,000.00 TRUSTOR: THH,INA L. BALASURLXA AND MONISHA D. JAYAWAR➢ENA, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: LAND AMERICA GATEWAY TITLE BENEFICIARY: MARY ANN THEISEN,A WIDOW DATED: OCTOBER 8,2005 RECORDED: OCTOBER 12,2005 AS INSTRUMENT NO.2005-0840021,OFFICIAL RECORDS. NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST WAS RECORDED: AUGUST21,2007 AS INSTRUMENT NO,2007-0535623,OFFICIAL RECORDS. 7) A DEEP OF TRUST TO SECURE AN INDEBTEDNESS OF AMOUNT: $300,000.00 TRUSTOR: THILINA L. BALASURIYA AND MONISHA D. JAYAWARDENA, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: LAND AMERICA GATEWAY TITLE,A CALIFORNIA CORPORATION BENEFICIARY: HASKELL M.METZ,A WIDOWER DATED: OCTOBER 6,2005 RECORDED: OCTOBER 12,2005 AS INSTRUMENT NO.2005-0840072,OFFICIAL RECORDS. NOTICE OF DEPAULT UNDER THE TERMS OF SAID DEED OF TRUST WAS RECORDED: AUGUST 20,2007 AS INSTRUMENT NO.2007-0535624,OFFICIAL RECORDS. 8) COVENANTS TO RUN WITH THE LAND AS SET FORTH IN AN INSTRUMENT ENTITLED "RESOLUTION NO. . . . .. ...2004-074 CHANGE'THE NAME OF INDIAN AVENUF TO NORTH INDIAN CANYON DRIVE IN THE DESERT HOT SPRINGS AREA OF RIVERSIDE COUNTY", WHICH RECORDED MAY 10,2007 AS INSTRUMENT NO. 2007- 0312470,OFFICIAL RECORDS,WHICH RECITES THE FOLLOWING- "THE LOT SHALL BE HELD, CONVEYED, ENCUMBERED AND USED SUBJECT TO THE RIGHT OF REPAIR PROVISIONS. THE RIGHT TO REPAIR PROVISIONS ARE INTENDED AND STATU BE CONSTRUED AS COVENANTS AND CONDITIONS RUNNING WITH AND BINDING THE LOT AND AS EQUITABLE SERVITUDES. THE RIGHT TO REPAIR PROVISIONS ARE BINDING ON AND BURDEN ALL PERSONS HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST IN THE LOT (DURING THEIR OWNERSHIP OF SUCH INTEREST), OR ANY FART THEREOF, AND THEIR SUCCESSORS AND ASSIGNS. THE RIGHT TO REPAIR PROVISIONS SHALL INURE TO THE BENEFIT OF THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO REPAIR PROVISIONS SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER EFFECT UPON THE EARLIER OF (A) THE EXPIRATION OF ALL APPLICABLE STATUTES OF LIMITATIONS FOR THE FILING OF A COMPLAINT OR SUIT OR OTHER LEGAL REMEDIES AGAINST GRANTOR IN ANY WAY RELATING TO OR ARISING OUT OF TIME DEVELOPMENT, CONSTRUCTION AND SALE OF THE LOT I3Y GRANTOI,OR(B)THE DATE FIFTEEN(15)YEARS AFTER THE DEED RECORDATION DATE_ 9) THE EPFYCT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND,BUT WHICH,IF ANY DO EXIST,MAY EFFECT THE TITLE OR EAPOSE LIENS OR BNCUNIERANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN TIM EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WILL REQUIRE A STATEMENT OF INFORMATION FROM ALL PARTIES IN ORDER TO COMPLETE THIS REPORT. 10) RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASES, IF ANY. PLEASE FORWARD SAID LEASES FOR OURE.XANIINATION. -4- Oxdm No. 140-883781-66 11) ANY FACTS,RIGHTS,INTEREST OR CLAIMS WMCH MAY BE SHOWN BY AN INSPECTION OF THE LAND OIL WHICH MAY BE DISCLOSED BY INQUIRY OF PERSONS IN POSSESSION OF SAID LAND. 12) ANY RIGFITS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF,SAID LAND,WRICH RIGFITS. _ ARE NOT DISCLOSED BY PUBLIC RECORD. 13) THE REQUIREMENT THAT WE BE FURNISEED A COPY OF THE FARZANEH ROMAN LIVING TRUST DATED MARCH 20,2007,TBE KRONSBER :FAMMY TRUST DATED FEBRUARY 28, 1983,THE MAIWO ROSEN TRUST DATED nMY 14, 1993,WAYBREEN TRUST DATED OCTOBER 10, 1994, HASKELL METZ ESTATE AND ANY AMENDMENTS THERETO. A CERTIFICATION OF SAID TRUST IS ACCEPTABLY IF MADE,PURSUANT TO !.._ PROBATE CODE SECTION 181605 AND QUALIFIED AS A TRUST UNDER SECTION 82 OF PROBATE CODE. END OF SCHEME B HJ/MF' POLICYRATE: SOWFATIC ENCLOSURES: PLATS -5- : Order No. 140-883781-66 "NOTES AND REQIrMEMMNTS SECTION" NOTE NO.1 1 -CALIFORNIA STATE SENATE BILL NUMBER.2319, EFFECTIVE JANUARY i, 1991, REQUIRES THAT THE BUYER IN ALL SALES OF CALIFORNIA REAL ESTATE,WHEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS,WITHHOLD 3 V3 %OF THE TOTAL SALES PRICE AS CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS . THEREIN CONTAINED." . .- NOTE N0..2 .. . . . . . . - . . PAYOFF TNFORNIATION: NOTE: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIORTO CLOSING. IF THE DEMAND IS EXPIRED AND A CORRECT DEMAND CANNOT BE OBTAINED, OUR REQUIREMENTS WILL BE AS FOLLOWS: A IF THIS COMPANY ACCEPTS A VERBAL UPDATE ON TEE DEMAND, WE MAY HOLD AN AMOUNT EQUAL TO ONE MONTHLY MORTGAGE PAYMENT. THE AMOUNT OF TFUS HOLD WILL BE OVER AND ABOVE THE VERBAL HOLD THE LENDER MAY HAVE STIPULATED. B. IF THIS COMPANY CANNOT OBTAIN A VERBAL UPDATE ON THE DEMAND, WILL EITHER PAY OFF THE EXPIRED DEMAND OR WAIT FOR THE AMENDED DEMAND,AT THE DISCRETION OF THE ESCROW. C. IN THE EVENT THAT A PAYOFF IS BEING MADE TO A SERVICING AGENT FOR THE BENEFICIARY,THIS COMPANY WILL REQUIRE A COMPLETE COPY OF THE SERVICING AGREEMENT PRIOR TO CLOSE. NOTE N0.3 IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED,TO ESCROW OR SUS-ESCROW ACCOUNTS. THE MANDATORY HOLD IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IF FUNDS ARE TO BE DEPOSITED WITH ORANGE COAST TITLE BUILDER SERVICES BY WHRB TRANSFER,THEY SHOULD BE WIRED TO THE FOLLOWING BAMACCOUNT: BANK.OF A24ERICA 100'WEST 33`d STREET NEW PORK,NY 10001 ABA.026009593 ACCOUNT NO.1235563445 ?CREDIT TO THE ACCOUNT OF ORANGE COAST TITLE BUILDER SERVICES PLEASE REFERENCE ORDERNO- 140-883781-66 AND HELEN JOHNSON,TITLE OFFICER -6- Order No. I40-883781-66 ORANGE COAST TITLE COMPANY BUILDER SERVICES/COMNMRCIAL DIMS_ ION R +, 3536-CONCOURS DRIVE#12p ONTAR10,CA 91764 XJX NDERS SUPPLFAENT A.L REPORT THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLElviBNTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO TIM ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FORM AS FOLLOWS: A. THIS REPORT IS PREPARATORY TO THIS ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE, THIS REPORT DISCLOSES NOTHING, WHICH WOULD PRECLUDE THE ISSUANCE OF SAID AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE WITH ENDORSEMENT NO. 100 ATTACHED THERETO. B. THE IMPROVEMENTS ON SAID LAND ARE DESIGNED AS: VACANT COUNTY OF RIVERSIDE,STATE OF CALIFORNIA. C- THE ONLY FEB CONVEYANCES AFFECTING SAID LAND RECORDED WITHIN.24 MONTHS OF THE DATE OF THIS REPORT ARE AS FOLLOWS: NONE. Order No. 140-283781-66 EIT«A» THAT PORTION OF.T10 WESTRA F,OF.SECTION 14,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDIN,O MERI 14N THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29,1856 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A"INDEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 AS INSTRUMENT NO.66635,OFFICIAL RECORDS OF SAID COUNTY,SAID MOST NORTHERLY CORNER BEING ON THE EAST LINE OF INDIAN AVENUE AS DESCRIBED IN DEED.TO'. _t . THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86,PAGE 92 OF OFFICIAL RBCORDS OF SAID COUNTY, DISTANT ALONG SAID EAST LINE NORTH 00 14' 00"EAST 1366.44 FEET,MORE_OR LESS,FROM TEE SOUTH LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG TEE BOUNDARY OF SAID STATE OF CALIFOX'UA PARCEL,SOUTHERLY AND EASTERLY ALONG A NON- TANGENT CURVE CONCAVE,NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN LNPT'TTAL TANGENT BEARING SOUTH 00 14'00"WEST AND THROUGH A CENTRAL ANGLE OF 900 00'A DISTANCE OF 78.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH 890 46'00"EAST 136M FEET; THENCE CONTINUING ALONG SAID BOUNDARY EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 5° 16,0211,ADISTANCE OF 13.79 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT240.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14, THENCE CONTINUING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 84043'58",A DISTANCE OF 221.83 FEET; THENCE LEAVING SAID BOUNDARY,NORTH 00 14' 00"EAST PARALLEL TO SAID WEST LINE,A DISTANCE OF 785.00 FEET; THENCE NORTH 890 46'00"WEST 376.23 FEET TO THE SAD)WEST LINE, THENCE SOUTH 00 14'00"WEST A-LONG SA07 WEST LINE 435.00 FEET TO ALINE PARALLEL WITH AND DISTANT200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HEREIN RECITED AS"SOUTH 89046'00"EAST,136,23 FEET"AND ITS WESTERLY AND EASTERLY PROLONGATIONS; THENCE SOUTH 890 46'00"EAST,ALONG SAID PARALLEL LINE 240.00 FEET TO SAID PARALLEL LINE THAT IS 240.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 00 14'00"WEST200.63 FEET TO TILE TRUE POINT OF B&GINNING. Order No. 140-883781-66 NOTICE REGARDING YOUR DEPOSIT OF L^'I7NDS CALIFORNIA INSURANCE CODE SECTIONS 12413 Ef.SEQ.REGULATES THEDISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES:THE LAW REQUIRES THAT-FUNDS.BE:DEP.OSITFD IN-T•BL TITLE,- COMPANY ESCROW AND SUB-ESCROW ACCOUNTS AND BE AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT,FUNDS DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAYBE DISBURSED UPON RECEIPT.FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S CHECKS DRAWN ON A CALIFORNIA BASED BANK MAY BE DISBURSED THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT.IF FUNDS ARE DEPOSITED WITUBY OTHER METHODS,RECORDING OR DISBURSEMENT MAYBE DELAYED.ALL ESCROW AND SUB ,. ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY.THE- COMPANY AND/OR ITS PARENT COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL.INSTITUTION BY REASON OF THE.DEPOSIT OF SUCH FUNDS OR TIM MAINTENANCE OF SUCH ACCOUNTS WITH THE FINANCIAL INSTITUTION,AND THE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO'ITIE DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF,OR TO PAY SUCH PARTY,ANY BENEFIT RECEIVED BY THE COMPANY AND/OR ITS PARENT COMPANY.THOSE BENEFITS'MAYINCLUDE,WTIHOUT•LINI[TATION,CREDITS AIL.OWED BY SUCH FINANCIALINSTITUTION ON LOANS TO THE COMPANY AND/OR ITS PARENT COMPANY AND EARNINGS ON RI VE'ST'MENTS MADE ON THE .PROCEEDS OF SUCH LOANS,ACCOUNTING,REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BEDEEMED ADDITIONAL.COMPENSATION OF THE ' COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. Order No. 140-883781-66 . ORANGE .COAST TITLE SUILDER'SERVICES PRIVACY POLICY VPE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE,WE MAY ASK YOU TO PROVIDE US WITH CF.RTAIN•INFORMATION. • WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION—PARTICULARLY ANY PERSONAL OR PINANCI L INFORMATION:WE AGREE THAT,YOU HAVE A RIGHT TO KNOW HOW WE WILL UTILIZE THE.PF,RSONAL . - INFORMATION TEAT YOU PROVIDE TO US, THEREFORE, WE HAYS ADOPTED THIS PRIVACY-POLICY TO-GOVERN TITS USE AND kIAXDLING OF YOUR PERSONAL INFORMATION. APPLICABILITY THIS PRIVACY POLICY GOVERNS OUR USE OF THE INFORMATION YOU PROVIDE TO US.IT DOES NOT GOVERN THE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED PROM ANY OTHER SOURCE, SUCH AS INFORMATION OBTAINED FROM A PUBLIC RECORD ORFROM ANOTHERPP,RSON OR ENTITY. TYPES OF INFORMATION DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING,THE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE. • INFORMATION WE RECEIVE FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHFIBER IN WRITING,IN PERSON,BY TELEPHONE OR ANY OTHER MEANS. •. INFORMATION ABOUT YOURTRANSACTIONS WITH US,OUR AFFILIATED COMPANIES,OR OTHERS;AND }. INFORMATION WE RECEIVE FROM A CONSUMER-REPORTING AGENCY. USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR BPNBFTT OF ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT. (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US;OR(2)AS FERMUTED BY LAW.WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED, SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. -FORMER. CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER,OURPRNACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION.WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUAI-S AND ENTITIES THAT NEED TO TINOW TTIAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE TEAT YOUR INFORMATION WILL.BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY.WE CURRENTLY MAINTAIN PHYSICAL,ELECTRONIC,AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. Order No. 140-883781-66 EXFIIMIT`A' CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded.from the govclage pf this policy and the Company will nor pay lass or damage,costs,anomeyS fen oc expenses which arise by reason of. - 1. (a) Any law,ordinance or govcmmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating, prebioiting or relating(i)the occupancy,use,or enjoyment of the land;(if)the character,dimensions or location of any improvement now or bereafier 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 goverranental 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 rctordcd in the public records at Date of policy- � . , j - _ • . . . . (b) Any.govemmental pokicupower not-exeludad by(a)tabove,:except to the extent that a notice of the,exercise thereof or•noticeai adefect,lien or. - cocurebmnce resulting from a violation or alleged violation affecting the land has been recorded in the public records at bate of Policy. .2. Rights of eminent domain unless notice of the exercise thereof has bedu recorded in the public records at Pate o£Policy,but not excluding from coverage any taking which Las occurred prior to Datc of Policy which would be binding on the rights of a purebmcr for value without knowledge. - 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether ornut 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 w Date of Policy,but]mown to the insured claimant and not disclosed in writing to The Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained i£the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenfomeability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated S. Invalidity or unen£orombility,of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises one 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 crcditor5'Rghts laws. EXCEPTIONS FROM COVERAGE-SCIM,DULE B,PART T This policy does not insure against loss or damage(and the Company will not pay costs,anomeys'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 arms moms on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the I nblic records. 2. Any facts,rights,interests,or.elaims which arc not shown by the public records but which could be ascertained by as inspection of the land which may be asserted by persons in possession thereof. 3. Basements,liens or enemnbrances,orclaims thereof,which are not shovmby 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- S. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thercaf, (e)water rights,claims or title to water, whether or not the matters oxccpted under(a),(b)oT(c)are shown by the public records. CLTA HOMEOWI EMWS POLICY OF TITLE INSURANCE(612/98) .& ALTA HOMIAWNER'S POLICY OF TITLE INSURANCE(10117198)EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule B,You am not insured against loss,costs,attomeys'foes,and expenses resulting from: 1. Governmental police power,and the cxistcuee or violation of any law or government regulation. This includes ordinances,laws and regulations concerning: (a) building; (b)zoning; (c) Land one; (d) Impmvcmemts an Land; (e) Land division; (f)environmental protection.This Exclusion dots not apply to violations or the enfomcment 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 thorn,to be constructed in accordance with applicable building codes. This Emlusiou does not apply to violations of building codes if notice of the violation appears in the public Records at the Policy Datc, 3. The right to take the Land by condemning it,unless (a)notice of arcrcising the right appears in the Public Records at the Policy Date;•(b)the taking . happened bctarc the Rollcy Date and is binding anY'ou if You bought the Land without Knowing aFthe taking. 4. Risks: (a) that are created,allowal,or agreed to by you,whether or not they appear in the Public co (b)that am known to you at the Policy batq but not to Us,unless they appear in the public Rrords at the Policy D¢te;(c)these insult is no loss to You;ar(d)that Srst occur after the Policy➢ate-this but riot t the coverage described-Coveted kZisk 7,8.d,22,23,24 or25. - -- •• - 5. Failure to pay value for YeutTltic. 6. Lack of a right•(a)to any Land outside the area specifically described and relerrerl to in pamp4aph 3 a£Schedule A;and(b)in streets,alleys,or waterways that touch the band. This Exclusion does not lmdr the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-M EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule B,you arc not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This includes building and zaning ordinmon-and also laws and regulatiouz concerning'land use,improvements on the land,land division or environmental protection. This exclusion does not applyto violations or the cn£omement of these matters which appear in the public records at Policy Date, This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to rake the land by condemning it,unless:a notice of oxercising the right appears in the public records,on the Policy bate,the taking happened prior to the Policy Date andis binding on you if you boughtiheland without knowing of the taking 3. Title Risks:that we created,allowed,or agreed to by you;that are known to you,but not to us,on the Policy Date—unless they appeared in the public records;that result in no loss to you; that fast affect your title a'lfer the Policy Date—this does not limit the labor and material liem coverage in Item 8 of Covered Title Risks 4. Failure to pay value foryour title. 5. Iack of a right:to any land outride the area specifically described and referred to in Item 3 of Schedule A; OR in atmtts,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks- Order No. 140-883781-66 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH ALTA FNDORSEIDIE'NT-FORM 1 COVERAGE& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) WITS[ALTAENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The t'olloiving matters are expressly excluded from the coverage of titia policy and the Company will not pay-loss oi•damage,costs,auomeys"fees dr expenses which arise by reason of: ' 1. (a) Any law, ordinance or governmental regulation (including bm not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the]read;(n)the character,dimensions or location of any improvement now or hereafter created on the land;(Hi)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,ordimnces 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 c public records at Date.ofPolicy. I , , - - . - I.: :,:-r -_.. ' .' I . . .. .. .... ...r t,r-,. - . (b) Any governmental police-power not excluded by(a)above,excepr to the extent that a notice of the exercise Thereof or a notice of a defect,lien or encumbrance resulting from a violation or 4cged violation affecting the land has been recorded in the public records at Date of Policy. - •- - :2. Rights of eminent domain unless notice o£the exemise thereof has beea recorded in the public retards at Date of Policy,but not excluding from coverage any taldng which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without lnowledge 3. Detiats,liens,eaeumbraaoms adverse claims or other matters: (a) created,suffered,assumed or agreed to by dtc hrsured chiman, (b) not lmown to the Company,not recorded in the public records at Date of Policy,but lmowa to the insured claimant and not disclosed in writing to the Company by the insured claimant priurto the date the insured claimant became an insured under this policy; (c) resulting inno loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy(except to the extent that this policy insures the priority of the lien of the insured-mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for sheet improvements under contraction or completed at date of policy);or (e) resulting in loss or damage which would act have been sustained if the insured claimant badpaid value forthe insured mortgage. 4, Unenfaccability 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 laud is situated- 5. Invalidity or unenforoeability of the lien of the insured mortgage,or claim Thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any stamiory lien,For services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Data of policy and is not&ranted in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured bas advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of fcdcral baalanptey, state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee bcimg deemed a fraudulent conveyance or fraudulent transfer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of The doctrine or equitable subordination;or (iii)the transaction creating the interest of the insured mongageebeing deemed a preferential transfer except where the preferential transfer results from the f4ura:(a)to timely record the instrument of temsfer,or of such-rccardwion to impart notice to a purchaser for value or a judgement or lien creditor, AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)& AMERICANIAND TITLE ASSOCIATION LEAWHOLD OWNER`S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The fallowing mahem arc 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 Poston of L (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or re]ating to(i)the occupancy,use,or cmjoyment of the]and; (u)the cha ucter,dimensions or location of any improvement now or hereafter e¢el'ed on the land; (fir)a separation in ownership Ora change inthe dimensions or area of the land or any parcel of which the land is a was apart; or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the cxtcut that a notice of The enforcement thaPco£or a notice o£a defer:[,lien or encumbrance mealting from a violation or alleged violation affecting the land has been recorded in the • - public mords at Date of policy, I • . , . . (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof on a notice of a defect,lien,or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Xights of eminent domain unless notice of the exercise thereof has been recorded in the public records atTlatc of Policy,but not excluding from coverage any taldng 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,bur known to the insured claimant and not disclosed in writing to the Company by the iumred 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 of created subsequent to Date of Policy;or (e) result(ug in lass or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy, 4, Any claim,which arises out of the transaction vesting in the insured the estate or interest f rsmud by this policy,by reason of the optntaion of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (1) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent ttansfe,or (n) the transaction creating the estate or interest insured by this policy being deemed a prufacntial transfer except where the preferential unnsler 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 judgement or lice creditor- The above policy forms may be issued to afford either Standard Coverage Or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Instructions: SCIT8D=-B-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 liras by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Preoccdiugs by a public agency which may resell in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records lint which could be ascertained by an inspection of the land or by malting inquiry of persons in possession thereof- 3. Easements,liens or encumbrances,or claims thacuP which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5, (a)Unpatented mining claims;(b)reservations or exceptions is patens or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water, whether or nut the matters excepted under(a),(b)or(c)arc shown by the-public records. p 6'66-37 - T.R.A- 061-039 011-076 POR. 52 SEC. 14 T. 35.. �+'•4E A essME T• 'r SQ u,+,Y 061-065 °osi 0339a 36 F lil 34 n b1 I jrr.m sx.se a�irc � w I � ry, uv.rr rza✓a,.. ' �" Iar3 n ht4 qq 15 8 f136Ae.— W Q I V P4-e15 MMY! SEE (] .� rtr.Pt Lfa.TJ Gr'r.fe Srr.b }r I_9W' � y icw.ea' fN lHira zam.+• r 3 ar-rar rxr oa_are N � Pnr. Par. I 'Ga 33 lY i ,r,..s 0 2 11 FYI A P 665 M.6lAC.- m I ace-wr r�� ]Is e Hi RI I �Wy I �rF ' \ n E I + fworarr "T�r. a/Ex- 6,c �6` a ir" v xs• e.snJrr sJ 13 I r•rr'tns�: - are ®.�.rev. �* �p� rrura rrx?L/ �xs lr/rrvar a + 23 29 15 klej . — a.u•rs•ir-c. wze na x= erw.v= I PM,l2!/96-G7 P�rcelllaP NoJ4326 FEB 1 B 1999 S3A ,Pd1.134/88-B9 a .' rr 1907' !1 N e 4 T/II It:1S tA3 ' rr,n GdTA:FLR Plcl, L¢R✓kFjs,Sfale N t¢Irf. NwK 1!¢Ps � • rc -rr re u ro Sr. ASSESSOR'S MQP BK666 P9;3T 31 Hies rr nsa RlYERSIOE CdINlY CQilF. O r/Sr +•.ro rr 1 ' v-ae r za,rs QPRIL 1968 -f -- -_—.�._•�-r^r�. Stewart Title of California, Inc stewart M ." 75-900 Avenue 47, Suite 112 title of California, inc. La Quinta, CA 92253 (760) 771-4645 Phone (760) 771-5854 Fax Date June 1, 2009 Escrow Officer Peggy Baumgardner Escrow Number 212935 Property Address : SUPPLEMENTAL ESCROW INSTRUCTIONS STEWART TITLE OF CALIFORNIA,INC. IS LICCNSCU BY THE STATE OF CALIFORNIA UNOrR THE❑EPARTM ENT OF INSURANCE LICENSE NO.398 In accordance with the provisions of that certain Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions, (herein after referred to as the "Agreement"), executed copies of which were deposited into escrow on June 1, 2009,by and between Seller(s): Farzaneh Ronuan, 'trustee of The Farzeneh Raman Living Trust bated March 20,2007 as to an undivided 26% interest; Don Kronsberg and Brenda Kronsberg, Trustees of The Kronsberg Family Trust dated February 28, 1983 as to an undivided 20% interest; ; Margo Rosen, Trustee of The Margo Rosen Trust dated July 14, 1993 as to an undivided 20%interest; Mary Ann Theisen, Trustee of the Waybreen Trust dated October 19, 1994 as to an undivided 15% interest; Mike Metz and Susan Kennington, Co-Trustees of the Haskell Metz Estate as to an undivided 15% interest; and Gregory Roman as to an undivided 4%interest and Buyer(s): The City of Palm Springs, a municipal corporation Escrow Holder acknowledges receipt of a fully executed copy of the Agreement and agrees to act as Escrow Holder as described in the Agreement subject to the terms of Escrow Holder's instructions herein, and General Provisions. All other sections and/or paragraphs of the Agreement are matters between Buyer and Seller in which Escrow Holder shall have no concern and/or liability. The following are for clarification purposes only, and the parties hereto agree to be bound by same as far as the escrow is concerned. The intent of the following instructions is not to modify the agreement, only clarify Escrow Holder's duties thereunder. TOTAL CONSIDERATION $ 13,280.00 Close of escrow will be on or before as soon as possible Buyer to pay all costs in this transaction. Seller to pay only those costs incurred to remove all encumbrances from record. The Purchaser is a tax exempt entity, therefore, Escrow Holder is instructed NOT to prorate real property taxes at the close of escrow. The proration and/or adjustment of real property taxes will take place at the time the Purchaser files their tax exempt status based on the recording date. Any adjustment and/or prorated amounts will be calculated and refunded to the Seller from the County of Riverside Tax Assessor's Office. Each party signing these instructions has read,understands, and accepts the General Provisions attached hereto as Exhibit 1. Escrow Number. 212935-Supplemental Escrow Instructions Fagc I oF8 Buyer(s): The City of Palm Springs, a municipal corporation By: By: Seller(s): Parzaneh Roman, Trustee Don Kronsberg, Trustee BrendaICronsberg, Trustee Margo Rosen, Trustee Mary Ann Theisen, Trustee Mike Metz, Trustee Susan Kennington, Trustee Gregory Roman Escrow Number. 212935-Supplemental Escrow instructions Page 2 of 8 EXHIBIT 1 GENERAL PROVISIONS 1. 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 arc insured only to the lnnit provided by the Federal Deposit Insurance Corporation. Escrow Ilolder 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 fonds 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 eam 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-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Stewart Title of California, Inc. acid 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 MO day year, unless otherwise instructed in writing. Proration of real 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 the 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 of same. 2. 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 betwoen the standard recording time and the time the documents are actually recorded pursuant to the `SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the title 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 Molder hamiless from all claims, losses or damages and attorney'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 witb any duly authorized sub-escrow agent, including, but not limited to, any bank, trust company, title insurance company, title Escrow Number: 212935-Supplemental Escrow Inset uctuons page 3 of 9 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. 4. 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. 5. TIME AND'WRITTEN NOTIFICATION Time is of the essence. In the 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. 6. 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 agreeable 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 INTERPLEADER OR OTHER COURT OR LEGAL,PROCEEDINGS The principals hereto expressly agree that Escrow Holder has the absolute right, at its election, to file an action in hrterpleader requiring the principals to answer and litigate their several claims and rights among themselves; and Escrow Holder is authorized to deposit with the clerk of the court, all documents, instruments and funds held in escrow. In the event such action is filed, the principals jointly and severally agree to pay Escrow Folder's cancellation charges and costs, expenses and reasonable attorney's fees it is required to expend or incur in such interpleader action, the amotmt 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 terms of this escrow. 8. 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);folder'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, fum 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. LEGAL ADVICE 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 representations are made by Escrow holder about the legal sufficiency, legal consequences,financial effect or lax consequences of the within escrow instructions. 11. DISCLOSURE OF CONDITIONS PRECEDENT The parties to this escrow, by execution thereof, acl•,nowledge their duty to Escrow Holder of full disclosure of those matters, which shall effect the transfer of subject property and conditions of title(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. 12. STATE/FEDERAL,CODE NOTIFICATION Cscrow Number: 212935-Supplemental Escrow Instructions page 4 of 3 According to Federal law, the Sellcr(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, (c) 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 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD ANY AMOUNT EQUAL TO 3-1/3 PERCENT OF THE $ALBS 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 TIIE 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 WITFIfIELD OR FIVE HUNDRED DOLLARS (S500.00). HOWEVER, NOTWITHSTANDING ANY OTIIER 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: 1) THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00),OR 2) THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING TFIAT THE SELLER IS A CORPORATION WITH A PERMANENT PLACE OF BUSINESS IN CALIFORNIA,OR 3) THE SELLER,WI-10 IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE UNDER TIE PENALTY OF PERJURY, OF ANY OF THE FOLLOWING! A) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS TP1E SELLER'S PRINCIPAL RESIDENCE (WITHIN THE MEANING OF SECTION 121 OF THE INTERNAL REVENUF 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 TIIE CALIFORNIA REAL PROPERTY HAS BEEN COMPULSORILY OR INVOLUNTARILY CONVERTED (WITHIN TI3E MEANING OF SECTION 1033 OF THE INTERNAL REVENUE CODE) AND THAT TIIE 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. TFIE 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 the scope of the intent of these instructions or any of the terms hereof These instructions may be executed in 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. Escrow Number: 212935-Supplemental Esciow Instructions Pagc 5 of 8 15. BINDING 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 terry 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. USURP 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 DEMANDS/1NTERPLEADER 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 inteipleader 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 aclanowledge 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, PURCITASE AGREEMENT If any form of Purchase agreement or amendment or supplement(collectively"Purchase Agreement") is deposited to this escrow, it is understood that such document shall be effective only as between 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 nor be responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based. Escrow Folder shall not rely on any knowledge or understanding Escrow Holder may have of any such Purchase Agreement in ascertaining or performing 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 Folder, the parties agree to release Escrow Holder from any and all liability of any kind or nature and to indemnify Escrow IIolder 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 14OLDER 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 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 a Trust: copy of the Trust Agreement, any amendments thereto and/or a Certificate of Trust. Escrow Number 212935•Supplemental Escrow Instructions Page 6 of 8 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 LI.Cl 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 on the LLCI as managing the LLC, or all members must sign. A copy of the operating agreement is required. The parties further aclarowledge 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$50,00, 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 escrow 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 Folder 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 unpound account, be applied towards the balance due. 27. INDEMNITY FOR ATTORNEY'S FEES AND COSTS In the event suit is brought by any party or parties to this escrow, including Stewart-Title 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 Escrow Number: 212935-Supplemental Escrow Instnictions Page 7 of 8 Stewart Title of California, Tnc, 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 BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY/OUR INITIAL (S) HERETO CONSTITUTES INSTRUCTION TO ESCROW PIOLDER 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: Escrow Numbcr. 212935-Supplemental Escrow Instructions Page 8 of 9 Stewart Title of California, Inc stewart = or ." 78-900 Avenue 47, Suite 112 La Quinta,CA 92253 title of California, ine. (760)771-4645 Phone (760)771-5854 Fax Date June 12, 2009 Escrow Officer Peggy Baumgardner Escrow Number 212935 Title Order No. 212935 Property Address , , PRELIMINARY REPORT APPROVAL The undersigned Buyer and Seller hereby acknowledge receipt of a copy of the Preliminary Report issued by Orange Coast: Title, Order No. 883781-66 , dated May 28, 2009 and approve the legal description of subject property shown on Schedule A of the report. Buyer Approval: Buyer herein hereby approves Items A, C, D, 1-5, 8-12 of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written, Furtber, Buyer hereby acknowledges receipt and approval of the Covenants, Conditions and Restrictions, if any. Seller Warranty: Seller herein warrants that to Seller's knowledge all liens, judgments and/or encumbrances affecting Seller and subject property are reflected in the Preliminary Report. If not, Seller will provide Escrow Holder with information to facilitate the pay-off and/or removal of any such items at close of escrow. Should any liens,Judgments and/or encumbrances entered or recorded prior to close of escrow be discovered after close of escrow, Seller will be responsible for the payment of same. In such event, Seller herein agrees to hold Stewart Title of California, Inc. free from responsibility and/or liability for the payment of same and indemnifies Stewart Title of California against any loss resulting therefrom. I have received a copy of these instructions and offer my warranty and indemnification, under penalty of perjury, as evidenced by my signature below. o, .wN.mbvM'13.r,.M,n,pmao.rRs.nn Page 1 of Seller(s): Parzaneh Roman, Trustee Don Kronsberg, Trustee Brenda Kronsberg, Trustee Margo Rosen, Trustee Mary Ann Thcisen, Trustee Mike Metz, Trustee Susan Kennington, Trustee Greaory Roman Date: I have received a copy of these instructions as evidenced by my signature below. Buyer(s): The City of Palm Springs, a municipal corporation By: By: Date: FSrnw Nn1h=12933 PrzILn A,,r...L B.,,5eAn Page 2 of 2 Order No. 140-883781-66 ORANGE•COAST TITLE CONTANY BUILDER SERVICESICOIVIIV7I+_',RCIAL DMSION 3536 CONCOURS'DRIVE#129 �r 1 ONTARIO,CA 91764 UPDATED PRELIMINARY REPORT STEWART TITLE OF CALIFORNIA . . ... _. . 78-900 AVENUE47,SUITE 112 LA QUINTA,CA 92253 YOUR NO-: 2.12935 ATTENTION: PEGGYBAUMGARDNER ORDERNO: 140-883781-66 PHONBNUM13EM (760)771-4645 DATED: JUNE2,2009 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, ORANGI'; COAST TITLE BUILDER SERVICES 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 WI3ICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO TIS PRINTS])SCHEDULES,CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE.FROM THE OFFICE, WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN-OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXRMIT A OF THIS"PORT,CAREFULLY. THE•EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS, WHICH ARE NOT COVERED UNDER MIE TERMS OF TM, TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. TT IS IMPORTANT TO NOTE TI•IAT THIS PRELIMINARY REPORT.IS NOT A WRITTEN REPRESENTATION AS TO TBE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,DEFECTS,AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THB PURPOSE OF FACILITATING TEE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED BEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE POLICY OR POLICIES OF TITLE.INSURANCE CONTEMPLATED BY THIS REPORT WILL BE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY. DATED AS OF MAY 28,2009 AT7:30 A.M. 4r y� HELPN.IOHNSON TITLE OFFICER V,rLENJna OCTITLE.COM PHONES(909)987-5433 FAX(909).297 2547 THE FORM OF POLICY.OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY REPORT -I- Order No. 140-883781-66 SCEEDULE"A" TEE ESTATE OR INTEREST IN TILE LAND FIE'REINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE EEREOF IS VESTED IN: FAItZANEH ROMAN,TRUSTEE OF THE FARZANEH ROMAN LIVING TRUST DATED MARCH 20,2007 AS TO 26%INTEREST; DON KRONS13ERCT AND BRBI DA ljjto SBBR67TRUSTEES OF THE I{RONSBERG FAMILY TRUST DATED FEBRUARY28, 1993 AS TO 20a/a INTEREST; XARGq ROSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED MY 14, 1993 AS TO 20 % INTEREST MARY ANN THEISEN, TRUSTEE OF THE WAYBREEN TRUST DATED OCTOBER 19, 1994 AS TO 15%INTEREST; MIKE METZ`XNA SUSAN KENNINGTON CO-TRUSTEES,HASKELL METZ ESTATE AS TO 15%INTEREST;4GREGORY ROMAN AS TO 4%INTEREST,ALL AS TENANTS IN COMMON THE LAND PMF'ERREA TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDD40 MERIDIAN,IN THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29,1856 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRMED AS PARCEL"A'IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18,1955 AS INSTRUMENT NO.66635,OFFICIAL RECORDS OF SAID COUNTY,SAID MOST NORTHERLY CORNER BEING ON THE EAST LINE OF INDIAN AVENUE AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST2,1932 IN BOOK 86,PAGE 92 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT ALONG SAID BAST LINE NORTH 00 14'00"EAST 1366,44 FEET,MORE OR LESS,FROM THE SOUTH LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG THE BOUNDARY OF SAID STATE OF CAL16ORNLA PARCEL,SOUTHERLY AND EASTERLY ALONG A NON- TANGENT CURVE CONCAVE,NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN TNITLAL TANGENT BEARING SOUTH 00 14'00"WEST AND THROUGH A CENTRAL ANGLE OF 900 00'A DISTANCE OF 78.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH 89°46'00"EAST 136-23 FEET; THENCE CONTINUING ALONG SAID BOUNDARY EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE.CONCAVE SOUTHWESTERLY WITH A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 5°16'02",A DISTANCE OF 13,79 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT 240.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE CONTINUING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 840 43'58",ADISTANCE DF 221,83 FEET; ' THENCE LEAVING SAID BOUNDARY,NORTH 0°14'00"EAST PARALLEL TO SAID WEST LINE,A DISTANCE OF 785,00 FEET; THENCE NORTH 89°46' 00"WEST 376.23 FEET TO THE SAID WEST LINE, THENCE SOUTH O°14'00"WEST ALONG SAID WEST LBNE435.00 FEET TO A LINE PARALLEL WITH AND DISTANT 200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HERRIN RECITED AS"SOUTH 890 46' 00"EAST,136.23 FEET"AND ITS WESTERLY AND EASTERLY PROLONGATIONS;' THENCE SOUTH 890 46'00"EAST,ALONG SAID PARALLEL LINE 240.00 FEET TO SAID PARALLEL LINE THAT IS 240.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 0°14'00"WEST 200.63 FEET TO THE TRUE POINT OF BEGINNING. -2- Order No. 140-883781-66 SCMT)ULE"B°' AT TBE DATE HEREOF EXCEPTION TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSION CONTAINER)IN SAID POLICY FORM WOULD BE AS FOLLOWS: ' A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2009-2010, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. A LIEN NOT YET PAYABLE. S. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2008-2009, INCLUDING ANY _ ASSESSMENTS COLLECTED WITH TAXES. TOTALAMOUNT $12,433.72 1ST INSTALLMENT $6,216.86 PAID 2ND INSTALLMENT S6,216.86 PAID CODE AREA 061-105 PARCEL NO. 666-370-006-6 EXEMPTION NONE C. THE.LIEN OF DEFAULTED REAL PROPERTY TAXES AND ANY SUBSEQUENT DELINQUENCIES DELINQUENT YEAR PARCEL BILL TYPE INSTALLMENT TAX AMOUNT 2007-2008 666-370-006-6 REGULAR 2NID S6,068.87 AMOUNT TO REDEEM FOR: 7UNIE,2009 $7,803.14 D. THE LIEN OF SUPPLEMENTAL TAXES,IF ANY,ASSESSED PURSUANT TO THE PROVISIONS OF SECTION 75, LT SEQ.OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNL4 ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITIES DISTRICTS AFFECTING SAID LAND, WHICH MAY EXIST EY VIRTUE OF ASSESSMENT MAYS OR NOTICES FILED BY SAID DISTRICTS. ANY 'UNPAID AND/OR DELINQUENT BOND OR ASSESSMENT AMOUNTS WHICH MAY HAVE BEEN REMOVED FROM TIM ROLLS OF THE COUNTY TAX ASSESSOR AND WHICH MAY HAVE BEEN REMOVED FROM THE TAX BILLS AND TAX DEFAULT REDEMPTION AMOUNTS. 1) WATER RIGHTS,CLAIMS OR TITLE TO WATER,WIIETHER OR NOT SHOWN BY TIIE PUBLIC RECORDS. 2) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN '.. . INSTRUMENT RECORDED: AUGUST2, 1932 IN BOOK 86,PAGE 92,OFFICIAL RECORDS FOR: .PUBLIC ROADWAY AND INCP.E'NTAL PURPOSES .. IN FAVOR OF: COUNTY OF RIVERSIDE AFFECTS: THE WESTERLY 40 FEET OF SAID LAND. 3) THE FACT TILST OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT TO SAID LAND, SAID RIGHTS HAVING BEEN RESERVED BY THE STATE OF CALIFORNIA IN THE DEED RECORDED OCTOEER 18, 1955 IN BOOK 1808, PAGE 127 AS INSTRUMENT NO.6635,OFFICIAL RECORDS. 4) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: .NLY 13,1966 AS INSTRUMENT No.71668,OFFICIAL RECORDS FOR- PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY AFFECTS: A PORTION OF SAID LAND. -3- Order No. 140-883781-66 5) COVENANT$, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED OCTOBER 18, 1968 AS INSTRUMENT NO, 100338, OFFICIAL RECORDS,BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ,. „ON�,Y TQ Tom;.,EX'TElVT.S,6X17 COVENANT (A) IS EXEMPT UNDER CHAPTER 42,ESECTION,3607 OF,TEI _ UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DIS'dRIkINATE AGAINST HANDICAPPED PERSONS. "NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDE THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, M. FAMILIAL STATUS, MARITAL _STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTION UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTION BASED ON FAMILIAL STATUS." 6) A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF AMOUNT: $300,000.00 TRUSTOR: TkIILINA L. BALASURLYA AND MONISHA D. JAYAWARDENA, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: LAND AMERICA GATEWAY TITLE BENEFICIARY: MARY ANN THEISEN,A WIDOW DATED: OCTOBER 8,2005 RECORDED: OCTOBER 12,2005 AS INSTRUMENT NO.2005-0840021,OFFICIAL RECORDS. NOTICE OF DEFAULT TINDER THE TERMS OF SAID DEED OF TRUST WAS RECORDED: AUGUST21,2007AS INSTRUMENT NO.20 07-05 35 623,OFFICIALRECORDS. 7) A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF AMOUNT: $300,000.00 TRUSTOR: TUILINA L. BALASURIYA AND MONISHA D, JAYAWARDENA, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: LAND AMERICA GATEWAY TITLE,A CALIFORNIA CORPORATION BENEFICIARY: HASKELL M.METZ,A WIDOWER DATED: OCTOBER 6,2005 RECORDED: OCTOBER 12,2005 AS INSTRUMENT NO.2005-0840022,OFFICIAL RECORDS. NOTICE OF DEFAULTUNDER THE TERMS OF SAID DEED OF TRUST WAS RECORDED: AUGUST 20,2007AS INSTRUMENT NO.2007-0535624,OFFICIAL RECORDS. 8) COVENANTS TO RUN WITH THE LAND AS SET FORTH IN AN INSTRUMENT ENTITLED "RESOLUTION NO. ,.2004-074 CHANGE THE NAME OF INDIAN AVENUETO NORTH INDIAN CANYON DRIVE IN THE DESERT HOT SPRINGS AREA 017 RIVERSIDE COUNTY", WHICH RECORDED MAY 10,2007 AS INSTRUMENT NO. 2007- 0312470,OFFICIAL RECORDS,WHICH RECITES THE FOLLOWING_ "THE LOT SHALL BE FIELD, CONVEYED, ENCUMBERED AND USED SUBJECT TO THE RIGHT OF REPAIR PROVISIONS. THE RIGHT TO REPAIR PROVISIONS ARE INTENDED AND SHALL BE CONSTRUED AS COVENANTS AND CONDITIONS RUNNING WITH AND BINDING TIM -LOT AND AS EQUITABLE SERVITUDES. THE RIGHT TO REPAIR PROVISIONS ARE.BINDING ON AND BURDEN ALL PERSONS HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST IN THE LOT (DURING THEIR OWNBRSHTP OF SUCH INTEREST), OR ANY PART THEREOF, AND TIMM SUCCESSORS AND ASSIGNS. THE RIGHT TO REPAIR PROVISIONS SHALL INURE TO TIM BENEFIT OF THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS. THE RIGHT TO REPAIR PROVISIONS SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER EFFECT UPON THE EARLIER OF (A) THE EXPIRATION OF ALL APPLICABLE STATUTES OF LIMITATIONS FOR TIM FILING OF A COMPLAINT OR SUIT OR OTHER LEGAL REMEDIES AGAINST GRANTOR IN ANY WAY RELATING TO OR ARISING OUT OF THE DEVELOPMENT, CONSTRUCTION AND SALE OF THE LOT BY GRANTOR,OR(B)THE DATE FIFTEEN(15)YEARS AFTER TBE DEED RECORDATION DATE. 9) THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALL''Y DESCRIBE SAID LAND,BUT WHICH,IF ANY DO EXIST,MAY EFFECT THE TITLE OR EY20SE LIENS OR ENCUMBRANCES TFIERBON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WILL REQUIRE A STATEMENT OF INFORMATION FROM ALL PARTIES IN ORDER TO COMPLETE THIS REPORT. 10) RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASES, IF ANY. PLEASE FORWARD SAID LEASES FOR OURPXAMINATION. -4- Order No. 140-883781-66 11) ANY FACTS,RIGHTS,INTEREST OR CLAIMS WHICH MAYBE SHOWN BY AN INSPECTION OF THE LAND OR WHICH MAYBE DISCLOSED BY INQUIRY OF PERSONS IN POSSESSION OF SAID LAND. 12) ANY RIGHTS OF THE PARTIESTN POSSESSION OF A,PORTION OF,OR ALL OF,SAID LAND,WHICH RIGHTS, . .. .. ARE NOT DISCLOSED BY PUBLIC RECORD. 13) THE REQUIREMENT THAT WE BE FURNISHED A COPY OF THE FARZANEH ROMAN LP/ING TRUST DATED MARCH 20,2007,THE XRONSBERG FAMILY TRUST DATED FEBRUARY 28, 1983,THE MARGO ROSEN TRUST DATED 7ULY 14, 1993,WAYBREEN TRUST DATED OCTOBER 10, 1994, HASKELL METZ ESTATE AND ANY AMENDMENTS THERETO. 'A CERTIFICATION OF SAID TRUST IS ACCEPTABLE IF MADE PURSUANT TO PROBATE CODE SECTION 18100.5 AND QUALIFIED AS A TRUST UNDER SECTION 82 OF PROBATE CODE. RND OF scmEDULE s WIMP POLICY RATE: 80%/FATIC ENCLOSURES: PLATS Order No. 14 0-8 8 3 7 8 1-6 6 "NOTES AND REQUIREMENTS SECTION" NOTE NO.I ,CALIFORNIA STATE SENATE BILL NUMBER 2319, EFFECTIVE JANUARY 1, 1991, REQUIRES THAT THE BUYER IN ALL SALES OF CALIFORNIA REAL ESTATE,WHEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS,WITHHOLD 3 113 %OF THE TOTAL SALES PRICE AS CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS ' THEREIN CONTAINED." .. . . I NOTE N0..2 - -- - - - - PAYOFF INTORMATION: - - -- --- - - -- ----- -- -- - - - NOTE: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIORTO CLOSING- IF THE DEMAND IS EXPIRED AND A CORRECT DEMAND CANNOT BE OBTAINED, OUR REQUIREMENTS WILL BE AS FOLLOWS: A TF THIS COMPANY ACCEPTS A VERBAL UPDATE ON THE DEMAND, WE MAY HOLD AN AMOUNT EQUAL TO ONE MONTHLY MORTGAGE PAYMENT. THE AMOUNT OF THIS HOLD WILL BE OVER AND ABOVE THE VERBAL HOLD THE LENDER MAY HAVE STIPULATED. B. IF THIS COMPANY CANNOT OBTAIN A VERBAL UPDATE ON THE DEMAND, WILL EITHER PAY OFF THE EXPIRED DEMAND OR WAIT FOR THE AMENDED DEMAND,AT THE DISCRETION OF THE ESCROW, C. IN TILE EVENT TFJ.A.T A PAYOFF IS BEING MADE TO A SERVICING AGENT FOR THE BENEFICIARY,THIS COMPANY WILL REQUIRE A COMPLETE COPY OF THE SERVICING AGREEMENT PRIOR TO CLOSE. NOTE NO. IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD 19 ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED- IF FUNDS ARE TO BE DEPOSITED'WITH ORANGE COAST TITLE BUILDER SERVICES BY WIRE TRANSFER,THEY SHOULD BE WILED TO THE FOLLOWING BANK/ACCOUNT: -BANK OF AMERICA 100•WEST 33`d STREET NEW YORB,NSZ 10001 ABA 026009593 ACCOUNT NO.1235563445 ^CREDIT"TO THE ACCOUNT OF ORANGE COAST TITLE BUMDER SERVICES PLEASEREFERENCBDRDERNO. 140-883781-66 AND HELENTOHNSON,MTLEOFFICER -G- Order No. 140-883781-66 ORANGE COAST TITLE COMPANY BIMIDER ShRVTCtS/CON[lViFRCL4, J DIVISION _ 3536 CONCOURS DRIVE#1'20 ONTARIO, CA 91764 LENDRRS SUPPLrMENTAL REPORT TEE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL,ITEMS RELATING'TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FORM AS FOLLOWS: A. TMS REPORT IS PREPARATORY TO THIS ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE. THIS REPORT DISCLOSES NOTHING, WHICH WOULD PRECLUDE THE ISSUANCE OF SAID AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE WITH ENDORSEMENT NO.100 ATTACHED THERETO. E. TEE IMPROVEMENTS ON SAID LAND ARE DESIGNED AS: VACANT COUNTY OF RIVERSIDE,STATE OF CALIFORNIA C- THE ONLY FEE CONVEYANCES AFFECTING SAID LAND RECORDED WITEN24 MONTHS OF THE DATE OF THIS REPORT ARE AS FOLLOWS: NONE. Order No. 140-883781-66 E TT«A' THAT PORTION OF THE WEST FIALF,OF_SECTION 14,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO D9ERIDIAN,IN,_,_. THE COUNTY OF RIVERSIDE.,STATE OF CALIFORNIA,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVEt BY THE SURVEYOR GENERAL FEBRUA.RY 29,1856 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 19, 1955 AS INSTRUMENT NO.66635,OFFICIAL RECORDS OF SAID COUNTY,SAID MOST NORTHERLY CORNER BEING ON THE EAST LINE OF INDIAN AVENUE AS DESCRIBED IN.DEED.TO'. :_: THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86,PAGE 92 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT ALONG SAID EAST LINE NORTH 00 14'00"EAST I366.44 FEET,MOa OR LESS,FROM THE SOUTH LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG TEE BOUNDARY OF SAID STATE OF CALIFORNMA PARCEL,SOUTHERLY AND EASTERLY ALONG A NON- TANGENT CURVE CONCAVE,NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN INITIAL TANGENT BEARING SOUTH 0'14'00"WEST AND THROUGH A CENTRAL ANGLE OF 900 00'A➢ISTANCE OF 78.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH 89°46'00"EAST 136.23 FEET; THENCE CONTINUING ALONG SAID BOUNDARY EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 50 16'02",A DISTANCE OF 13.79 FEET TO TITS TRUE POINT OF BEGINNING SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT 240.00 PEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE CONTINUING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 840 43'58",A DISTANCE OF 221,83 FEET; THENCE LEAVING SAID BOUNDARY,NORTH 00 14'00"EAST PARALLEL TO SAM WEST LINE,A DISTANCE OF 785,00 FEET; THENCE NORTH 89046'00"WEST 376.23 FEET TO THE SAM WEST LINE, THENCE SOUTH 00 14'00"WEST ALONG SAID WEST LINE 435.00 FEET TO AI PM PARALLEL WITH AND DISTANT200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HER]M4 RECITED AS"SOUTH 89046' 00"EAST,13623 FEET'AND ITS WESTERLY AND EASTERLY PROLONGATIONS; THENCE SOUTH 890 46'00"EAST,ALONG SAID PARALLEL LINE 240.00 FEET TO SAID PARALLEL LINE THAT IS 240-00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 00 14'00"WEST200.63 FEET TO THE TRUE POINT OF BEGINNING. Order No. 140-883781-66' NOTICE REGARDING YOUR DEPOSIT OF FUNDS CALIFORNIA INSURANCE CODE SECTIONS 12413 ET.SEQ.REGULATES THE.DISBURSEMENT OF ESCROW AND - - SIM-ESCROW FUNDS BY TITLE CONTA=S:THE LA W RL'QTJIRES TII'AT•FTJNDS,13B,DEP.OSTTEDINSHI;TITLE•,:-,:: COMPANY ESCROW AND SUB-ESCROW ACCOUNTS AND BE AVAMAI3LF FOR WITHDRAWAL PRIOR TO DISBURSEMENT,FUNDS DEPOSITED WITH THE COMPANY BY WIRY;TRANSFER MAY BE DISBURSED UPON RECEIPT.FUNDS DEPOSITED WITH THE COMPANY VIA CA.SKMR'S CHECKS DRAWN ON A CALIPORNIABASED BANK MAY BE DISBURSED THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT.IF FUNDS ARE DEPOSITED WITH BY OTHER METHODS,RECORDING OR DISBURSEMENT MAY BE DELAYED.ALL ESCROW AND SUB- . ESCROW FUNDS RECEIVED BY THE COMPANY WILL BF.DEPPOSITED WIM OTHERRINDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY.THE COMPANY AND/OR ITS PARENT COMPANY 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 THE COMPANY SHALT. HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF,OR TO PAY SUCH PARTY,ANY BENEFIT RECEIVED BY TIC COMPANY AND/OR ITS PARENT COMPANY.THOSE BENEFITS MAY INCLUDE,WITHOUT11MI-TA'TION,CREDITS ALLOWED BY SUCH FINANCIALINSTITUTION ON LOANS TO THE COMPANY AND/OR YTS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE ON THE -PROCEEDS OF SUCH LOANS,ACCOUNTING,REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION W rTH THE ESCROW OR SUB-ESCROW. Order No. 140-883781-66 ORANGE COAST TITLE BUILDER-SERVICES PRIVACY POLICY WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION ' IN ORDER TO BETTER SERVE YOURNEEDS NOW AND IN THE FUTURE,W8 MAY ASK YOU TO PROVIDE US WITH CERTAIN'INFORMATION. • WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION•-PARTICULARLY ANY ' PERSONAL OR FINANCIAL NrORMATION:WE AGREE THAT,.YOU HAVE A RIGHT TO KNOW'HOW WE WILL UTILIZE TIM,PERSONAL .. INFORMATION THAT YOU PROVIDE TO US. THEREFORE, WE HAVE ADOPTED THIS PRIVACY'POLICY TO.tGOVERN THE-'USE AND " HANDLING OF YOUR PERSONAL INFORMATION. APPLICABILITY THIS PRIVACY POLICY GOVERNS OUR USE OF THE INFORMATION YOU PROVIDE TO US.IT DOES NOT GOVERN THE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTFIER SOURCE, SUCH AS INFORMATION OBTAINED FROM A PUBLIC RECORD ORFROM ANOTHERPERSON OR ENTITY. TYPES OF INFORMATION DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING,THE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE: INFORMATION WE RECEIVE FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WBFFREX IN WRITING,IN PERSON,BY TELEPHONE OR ANY OTHER MEANS. w INFORMATION ABOUT YOUR TRANSACTIONS WITH US,OURAFFILIATFD COMPANIES,OR OTHERS;AND INFORMATION WE RECEIVE.FROM A CONSUMER-REPORTING AGENCY, USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR BENEFIT OF ANY NONAFFILIATED PARTY- THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAPFII.IATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US;OR(Z)AS PERMITTED BY LAW.WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY-INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER,OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY.AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION.WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES THAT NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU.WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WIIL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH TINS PRIVACY POLICY,WE CURRENTLY MAINTAIN PHYSICAL,ELECTRONIC,AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOURNONPUBLIC PERSONAL INFORMATION. Order Igo. 140-883781-66 EXFIISIT`A' CALIFOP29A LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The fallowing mattes are expressly excluded from The coverage of this policy aad the Company will nor pay lass or damage,costs,attorneys'fees on expenses which arise by reason df 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating, prohibiting or relating(i)the occupancy,use,or cojoymcut of the land;(fl)the character,dimensions or location of any improvement now orhereafer 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 enfomemeat thereof or a notice of a defect,lien,or cmcumbrance resulting from a violation or alleged violation affecting The land has been recorded in the public records at Date of Policy_ , I . . - , I , - . (b) Any.govermarmial policc.power not-excluded by(a):above;except to the extent that a notice of the.mcrcise thereof or•notice of a:dcfcot lien or �• encumbrance resulting fmm a violation or alleged violation affecting the land bm been recorded in the public records at Date of Policy. 2. Righm of eminent domain unless notion of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Imowlcdge. 3. Defects,liens,amcumbrances,adverse claims or other matters: (a) whether or not retarded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Dare of Policy,but]mown to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured clamant became an insured under ibis policy; (c) resulting in no lass or damage to the insured claimant (d) attaching or created subsequent to late of Policy;or (e) resulting in loss or damage which would not have beta sustained ifthc insured claimant had paid value for the insured mortgage or for the estate or interest insured by ibis policy. 4. Unenforembility of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inabiliry 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 siliu tetL 5. huvalidiry or utumforceability of the lien of the insured mortgage,or claim tbereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or muh in lending law. 6. Any claim,which arises out of The transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of The insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. F.XCLPTIONS FROM COVERAGE-SCHEDULE B,PART I This policy does not insure against loss or damage(and The Company will not pay costs,attorneys'fees or expeascs)which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in takes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. AnY facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which.ars not shown by the public records. 4. Discrepancies, conflicts in boundary limes,shortage in arcs, encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpateuted 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 mattes excepted under(a),(b)or(c).are shown by the public records. CLTA HOMEOWNER'S POLICY OFTni.r INSURANCE(6/2198) & ALTA 310N EOVVMRIS POLICY OF TMT JNWRANCE(10111198)EXCLUSIONS FROM COVERAGE In addition to rho Exceptions in Schedule B3 Yon are not insured against lass,costs,attorneys'fees,and expenses resulting from: 1. 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 land; (e)land division;(1) environmental protection-This Exclusion does not apply to violations or the m£omement of these matters if notice of the violation or enfomcment appears in the public Records at the Policy Data This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. I • 3. The right to take the Land by condumaimg it,unless (a)notice of exercising the right appears in the Public Records at the Policy.Date;.(b)the taking - happened before the Policy bate and is binding on Yon 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 inthe Public Records;(b)that am Inowm to you at the Policy pate,bat not to Us,unless they appear in the Public Records at the Policy Date;(c)that result in no loss to You;or(d)that fast occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,S.d,22,23,24 or25. • •• - - ..."" 5. Failure to pay Value for Your Title" 6. Lack of a right:(a)to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and(b)in shecls,alleys,or waterways thattouch the Land This Exclusion does not Einitthe coverage described in Covered Risk I I or 18" AMERICAN LAND TITLE'.ASSOCIATION RESIDENTIAL TIILE INSURANCE POLICY(6-I-87) EXCLUSIONS FROM COVERAGE In additionto the Exceptions in Schedule B,you are not insured against loss,costs,attomcys'fees,and expenses resulting from I" Govemmcmtal police power,and the existence or violation of any law or government regulation. This includes building and zomfug ordinances and also laws and regulations concerning:land use,improvements on the land,land division or environmental protection This exclusion does not applyto violations orthe enforcement of these matters which appear in the public records at Policy Date This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The fight to take the land by condemning it,unless;anotice ofexemising the right appears in the public records,on the Policy pate,the taking happcucd prior to the Policy Date and is binding on you if you boughttheland without knowing of the taking 3. Title Risks:that are created,allowed,or agreed to by you;that am known to you,but not to us,on the Policy Date—unless they appeared in the public records;that result in no loss to you; that fist affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5" lack of a right:to any land outside the area specifically described and referred to in Item 3 of Schedule A; OR in streets,alloys,or waterways that touch your land" This exclusion does not limit the access coverage in Item 5 of Covered Title Risks" order No. 140-883781.66 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) WITII ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM CO'VEItAGE -The follov�g matters are expressly excluded from the coverage of Lids policy and the Company will not pay lass br damage,costs,attoroeys"fees of expenses which arise by reason of I I . 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, . regulating,prohbiting or rclatiag to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or.locatirt 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 effort of any violation of these laws,ordinances or go0cmmental regulations,except to the extent that a notice of the enforcement thereof of a notice of a ddent,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the (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 affecring the land has been recorded in the public records at Dam ofpolicy. --- 2, Rights of emiiicar domainunlcss notice of the exercise thereof has been recorded in the public recdrds 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,cueumbrznces,adverse claims or other matters; (a) created,suffered,assumed or agreed to by the insured claimant; (b) not Shown 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 priorto the dare the insured claimant became an insured under this policy; (c) resulting in no loss or damage m the insured claimant (d) • attaching or created subsequent to date of policy(except to the extent that tbispolicy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value forthe insured mortgage. •4. Uvenforceability 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,ro comply with applicable doing business laws of the state in which the land is situated. 1. Invalidity or unenforocabiliry of the lien of the insured mortgage,or claim rhereof,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. 6, Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the Her of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is tat financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insrued has advanced or is obligated to advance. 7. Any claim,which arisen cut of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal baulmtpmy, state insolvency,or similar creditors'rights laws,that is based on; (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fmuduleut transfer;or (ii)the subordination of the interest ofthe insured mortgagee as a result of the application of the doctrine or equitable saboxtlinntion;or (hii)the tmnsactien creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure;(a)to timely record the instrument oftrens&r,or of suchrecordation to impart notice to a purchaser for value or ajudgemett or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNERS POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fmm the coverage of this policy and the Company will not pay loss or damage,casts,atromeys'fees or cxpcnsm which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or rcladrg to(i)the occupancy,use,or enjoyment of the land; (ih)the ohmmeter,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 arcs of the land or any parcel of which the laud is or was apart, or(iv)environmental protection,or the effect of any violation of these laws,ordinances or govemmental 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 pate of Policy. - (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defecr,lien or encumbrance resulting from a violation or allegcd violation affecting the land has bccu recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the cxcmise thereofhas been Tecordcd in the public records at➢ate 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 pmrbaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,attained or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but]mown to the insured claimant and not disclosed in.writing to the Company by the insured claimautprior m the date the insured claimant became an insured undertbis policy; (c) resulting in no lass or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy,or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest hu mcd by this policy,by reason of the operation of federal baulouptcy,state insolvency,or similar creditors'rights laws,that is based on; (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent Transfer;or (i() the transaction creating the estate or intcmat 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-nansfcr;or(b)of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy fonts may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coycragc,the Exceptions from Coverage in a Standard Coverage policy will also include the following General lustmctions: SCIMDULE 13-EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,anomeys'fees or expenses)which arise by reason of; 1. Taxes or assessments which are not shown as existing hens by the records of any to tiag 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,whedrer or not shown by the records of suelr agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by maldng inquiry of persons in possession tberoof. 3. Easements,liens or encumbrances,or claims thereof,which are nor shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area, mcruachmeuts,or any other facts which a coned survey would disclose,and which are nor shown by the public records. 5. (a)Unpateated mining claims;(b)reservations or exemptions in patents or in Acts autbonring the issuance thereof; N water rights,claims or title to water, whether or not the matters excepted under(a),(b)or(c)arc shown by the public records. E�6 fj _ j y - rR.A. 061-vie on-ors pop. S2 SEC. 14 T. 35.. �'4 E. AAESSM NTr IrmFoS£ xxr D 61-085 061-aa9 36 . { Ohl-090 061-133 34 w i �l k ft.y. Nf3' 33T/o• { lSf ro ors:a �Nl.G �� l4- w 11 1 p � f i Fot2 a Pat3 ^ Parf 21 13 6 !9 15 9 zmac,e.-G V+ � V i.rl,verx y rA0/.e Nt v [k s 0 Q i {Vy 23.4'+r'c+ rri Oe!-ar GSJR3 JGc%>r SEE rJ I .� 31.1G (f3.tJ 3GW.63� IH lSI/Gi • rwl atru rxl aw-os_ 1➢ �.l[• 2 ti ,3r P f Pvr. Par. I MAP ,33 11 64.9!h'Nr 1! r� q —1 yv i•4 �mi©r � � re.w.er.= i V 1�1 Y '11t 38 1 ➢sr-ros Prr ..pis k [ � Syre 'Rr 1i`ty � 1 w=' I i I(INDfAIJ RiE: fJVFR-PRSS] 1 /O eO'.v- r. e.ser/rare 13 . [[ 1 •fxeru% a- vri ®i'13'1r � 1p.9 +➢re rrx+Jrr I,rs rr/u-se s i 23 P9 J8 L 22� �23 .r.3e•rz•u-e- �,\ . 'eiGi�[ 09 ➢lit Ot➢.W 3'ENA4 R s;R/37-36 \ FEB 1 B 1999 Plf.l2!l46-4T Porcel Reap Na 19326 a� svr PAi.134/88-89 n x ➢ 19QT3 , r/rr • rz:u rfrs ' • rE•w D1TA.'FL.R Flo), La Rd.Nyo.,S)afa o) Calif. N+y h'cps ASSESSOR'S MAP og,u C PG.'37 ry Ir. CIXINTY RLJF. .� u/rE ar rr.sr -xaa_�.FrQ.-.�e�i r ri zx rr .—_.._____._.--. -•-•- r.a r z4.0 APRIL 1968„'—'•- — . -- _... -., _.__._. ._._ -� —• —_- 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 Taxation Code.] A Preliminary Change of Ownership Report must be filed With each conveyance in the County Recorder's office for the county where the property is located;this particular form may be used in all 58 counties of California THIS RF,PORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSVEROR: Parzaneh Roman."Trustee and Don Kronsberg,Trustee BUYER/TRANSFEREE: The City of Palm Spnngs,a municipal cmporation ASSESSOR'S PARCEL NUMBER(S): PROPERTY ADDRESS OR LOCATION: MAIL TAX INFORMATION TO: Name: "I he City of Palm Spi ings,a mumcrpul corporation Address: 320u h.-1ahgmtz Canyon Way Palm Springs,CA 92262 NOTICE: A lien for property taxes applies to your property on January I of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes 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 tax bill is mailed before November 1 to the owner of record. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill.. The property 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 obligation please call the Riverside County Assessor. PART 1: TRANSFER INFORMATION (please ansiver all questions) YES NO -- ❑ ❑ A. Is this nansfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.)? ❑ ❑ B. Is this transaction only a correction of the namc(s) of the person(s) holding title to the property(for example, a name change upon marriage)? Please explain 71 ❑ C. is this document recorded to create,terminate or reconvey a lender's interest in the property? ❑ ❑ D. Is this transaction recorded only as a requirement for financing purposes or to create,terminate, or reconvey a security interest(e.g-cosigner)? Please explain ❑ ❑ E. Is this document recorded to substitute a trustee of a trust,mortgage or other similar document'? LI ❑ F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one on the joint tenants'' ❑ ❑ G. Does this transfer return property to the person who created thejoint tenancy(original transferor)? H. Is this transfer of property: ❑ ❑ 1, to a revocable trust that may be revoked by the transferor and is for the benefit of the ❑ transferor ❑ nansfcror's spouse ? ❑ ❑ 2. to a trust that may be revoked by the Creator/Grantor who is also a joint tenant, and which names the other Joint tenant(s)as beneficiaries when the Creator/Grantor dies? ❑ ❑ 3. to an irrevocable trust for the benefit of the ❑ Creator/Grantor and/or ❑ Grantor's spouse? ❑ ❑ 4. to an irrevocable trust from which the property reverts to the Creator/Grantor within 12 years? ❑ ❑ I. If this property Is subject to a lease,is the remaining lease semi 35 years or more including written options? ❑ ❑ *J. Is this transfer between ❑ parent(s)and child(ren)? ❑ or from grandparent(s)to grandchild(rcn)9 ❑ ❑ *K. is this transaction to replace a principal residence by a person 55 years of age or older-9 Within the same countyn 0 Yes ❑ No ❑ ❑ *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Codc section 69.5? within the same county? ❑ Yes ❑ No ❑ ❑ M. Is this transfer solely between domestic partner currently registered with the California Secretary of State? *If you checked yes to J,K,or L,you may qualify for a property tax reassessment exclusion,which may result in lower taxes on your property. If you do not file a claim,your property will be reassessed. 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 of rho Revenue and Taxation Code for any reason other than those listed above,set forth the specific exclusions claimed: Please answer all questions in each section. If a question does not apift,indicate with"N/A." Sign and date at bottom of second page, PART II: OT Il ER TRANSFER INFORMATION A. Date of transfer if other than recording date B. 'lope of transfer (please check appropriate box): ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Merger,Stock or Partnership Acquisition ❑ Contract of Sale-Date of Contract ❑ Inhcntance-Date of Death ❑ Other(please explain). ❑ Creation of Lease ❑ Assignment of a Lease ❑ Termination of a Lease ❑ Sale/Leaseback ❑ Date lease began 0 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 property transferred? ❑ Yes ❑ No If yes,indicate the percemMe transferred %a- 130E-502-A(BACK)REV. 10(8-07) Please write Assessor's Parcel Number(s): Please answer,to the best of your knowledge,all applicable questions,then sign and date,if a question does not apply,indicate with"N/A." PART III: PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR value of trade or exchange(excluding closing costs) Amount$ B. FIRST DEED OF TRUST Q.%interest for_years. Pymts./Mo=$ (Prin.&Int.only) Amount$ ❑ FHA( Discount Points) ❑ Fixed race ❑ Ncw loan ❑ Conventional ❑ Variable rate ❑ Assumed existing loan balance ❑ VA( Discounr Points) ❑ All inclusive D.T.($ Wrapped) ❑ Bank or savings&loan ❑ Cal-Vet ❑ Loan tamed by seller I] Finance company Balloon payment ❑ Yes ❑ No Due Date Amount$ C. SECOND DEED OP TRUST@_%intcresr for scars Pymcs iMo=S_,_(Prin.&Int.only) Amount S ❑ Hank or savings&loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon payment ❑ Yes El No Due Date Amount S D OTHER FINANCING: Is other financing involved not covered in(b)or(c)above' ❑ Yes ❑No Amount$ Type Q %interest Car cars, Pyniu,/Mo=$ (Pan &Int-only) ❑ Bank or savings&loan ❑ Fixed rate ❑ New loan ❑ Loan carried by sellej ❑ Variable rate ❑ Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount S E WAS AN IMPROVEMENT HOND ASSUMED BY THF,BUYER° ❑ Yes ❑ No Outstanding Babinec. Amount S F TOTAL PURCHASE PRICE(qr acquisition price,f traded or exchanged,include real estate commission iirpaid.) Total Items A through E S G. PROPERTY PURCHASED Cl Through a broker ❑ Direct from seller❑ From a family member ❑Other(please explain): If purchased chlough a broker,provide broker's name and phone number Please explain any special mans,seller concessions or financing and any other information that would help the Assessor understand the purchase price and terms of sale PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple-family residence(no.of units: ❑ Cu-up/Own-your own ❑ Manufactured home ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other(Description i.e,timber,mineral,water nghts,etc. H. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE?❑ Yes ❑ No If yes,enter date of occupancy / , 20 or intended occupancy / , 20 (m h) (day) (year)_ (aronih) (day) (pear) C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE,PRICE(i c,furninue,farm equipment,machinery,etc.) (orher than a manufactured home subject to local properry tax)? El Yes ❑ No If yes,enter the value of the personal/business property included in the purchase price$ (Attach itemized list) D IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE° ❑ Yes ❑ No If yes,how much of the Purchase price is allocarcd to the manufactured home? $ Is the manufactured home subject ro local property tax° ❑ Yes ❑ No What Is the decal number 9 E DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If yes,is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral Rights ❑ Other(please explain). F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good ❑ Average ❑ rair ❑ Poor Please explain the physical condition of the property and provide any other information(such as restnenons,etc,) thar would assist the Assessor in determining the value of the property. CERTIFICATION OWNERSHIP TYPE(X) Proprietorship ❑ I certify that the foregoing is true,correct and complete to the best ofnry knowledge and belief. Partnership ❑ This declaration is binding on each and every co-owner and/or partner. Corporation ❑ Other ❑ NAME OF NEW OWNER/CORPORATE OFFICER TITLE SIGNATURE OF NEW OWNER/CORPCRATE OFFICER DATE NAME OF ENTITY(typed orprinled) FEDERAL EMPLOYER If)NUMRBR ADDRESS(typedorprinted) PHONE NUMBER(8 a in —5 p.m.) E-MAIL ADDRESS(opfionai) (Note: The Assessor may contact you for further information) If a document evidencing a 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 of twenty dollars(S20). Buyer's Estimated Closing Statement 5/17109 8 42 AM File 212985 Stewart Title of California, Inc. (760) 771-4645 Buyer's Estimated Closing Statement Buyer(s) The City of Palm Springs,a municipal corporation,3200 E.Tahqultz Canyon Way, Palm Springs,CA 92262 Seller(s) Farzaneh Roman,Trustee Don Kronsberg,Trustee Brenda Kronsbcrg,Trustee Margo Rosen,Trustee Mary Ann Theisen,Trustee Mike Metz,Trustee Susan Kennington,Trustee Gregory Roman Lender Property Closing date 6/30/2009 Proration date 6/30/2009 Bank RVRUBL-Union Bank of California 90.113254 Escrow Unit 2795-SC-Peggy Baumgardner Escrow Officer Peggy Baumgardner Debit Credit ContractSales Price......................--.........................................---..................................................... 13,280,00 Title Charges: Settlement or closing fee to Stewart Title of California,Inc........................................................................ 860.00 Document preparation to Stewart Title of California,Inc................................... ....... . .............. ..... 150,00 Title insurance to Stewart Title of California,Inc. $400.00................................ Owner's coverage to Stewart Title of California,Inc. Liability amount$13,280.00.................... ..... ... .................... .......... ...... ...................... 40000 Additional Charges: RefundablePad to HOLD......................................................................................................I...... I--...... 300.00 Subtotal: 14,990,00 Balance due from Buyer: 14,990.00 Totals: 14,900.00 14,990,00 The pnrtles herein have been advised that the foregoing amounts are estimates only We therefore,authorize the above captioned Escrow Holder to change estimated amounts to final amounts owing,to satisfy the items authorized,and to close escrow, APPROVED 5Y CITY COU'"L The City of Palm Springs,a municipal corporationuD 6y: LEI�IG— roe r an10 �1 PLj,riii Page 1 CITY OF PALM SPRINGY OFFER TO PURCHASE PROJECT: 1110 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-370-006 OWNER: Farzaneh Roman, Gregory Roman, Don Kronsberg, Brenda Kronsberg, Margo Rosen, Mary Ann Theisen, Mike Metz and Susan Kennington The CITY OF PALM SPRINGS hereby makes you an offer of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-006, identified as Parcel CO-1. 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 CCODU—NCI�L'S APPROVAL Dated: By: — David H. Ready, City ger rh Received a copy of the above offer this_—ftAday of 20,C,4. By: By: Farzaneh Roman Grego Roman By: By. Don Kronsberg Brenda Kronsberg By. By: Margo Rosen Mary Ann Theisen By: By. Mike Metz Susan Kennington o Bros APPRTIED BY CITY COUNCIL °2 z4 CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1/10 — Indian Avenue Interchange PARCEL CO-1 APN: 666-370-006 OWNER- Farzaneh Roman, Gregory Roman, Don Kronsberg, Brenda Kronsberg, Margo Rosen, Mary Ann Theisen, Mike Metz and Susan Kennington The CITY OF PALM SPRINGS hereby makes you an offer of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-006, identified as Parcel CO-1. 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 APPROVAL. Dated: By. David H. Ready, City Manager Received a copy of the aboveoffer this day of 14&7 , 20 . By: By 'Farzaneh Roman Gregory Roman By: By Don Kronsberg Brenda Kronsberg By: By: Margo Rosen Mary Ann Theisen By. By: Mike Metz Susan Kennington 00:jw 01/08/09 001 PG 12,424 COUNTY OF RIVERSIDE DEPARTMENT OF FACILITIES MANAGEMENT REAL ESTATE DIVISION TITLE VI SURVEY PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-337-006 PRIVACY NOTICE The Information Practices Act of 1977 (Civil Code Section 1798.17) and the Federal Privacy Act (Public Law 93-579) require that this notice be provided when collecting personal information from individuals. The legal references for maintaining this information are Title VI of the Civil Rights Act of 1964, and the Code and Federal Regulations (23CFR710). The information furnished on this form may be transferred to the Federal Highway Administration where it may be used for statistical purposes and for reviewing compliance with Federal requirements. All persons impacted by federally funded State Transportation Projects are requested to provide information with regard to race, color, sex, religion, national origin, ancestry, age, marital status, disability or medical condition. Please check the items below which best describes you and return this form in the enclosed envelope. THE FURNISHING or THIS INFORMATION IS VOLUNTARY/ Head of Household: Male / /Female Marital Status: Single �/ I/ Married Divorced Separated Race: White American Indian Specify Tribe: Black Hispanic Other Specify: Asian Language spoken, if other than English. Are you or any member of yoourrhho�Zehold suffering any physical disability or medical condition? Yes No V ROW: 1-10 and Indian Interchange CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT. 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN- 666-370-006 OWNER: Farzaneh Roman, Gregory Roman, Don Kronsberg, Brenda Kronsberg, Margo Rosen, Mary Ann Theisen, Mike Metz and Susan Kennington The CITY OF PALM SPRINGS hereby makes you an offer of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-006, identified as Parcel CO-1. 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 APPROVAL. Dated: By- David H. Ready, City Manager Received a copy of the above offer this day of . 20 By: By: Farzaneh Roman Gre ry Ro i BY~ L U- � By.c Don Kronsberg prenda Kronsberg By: By: Margo Rosen Mary Ann Theisen By: By: Mike Metz Susan Kennington CO:/w 01/08/09 001PG 12.424 COUNTY OF RIVERSIDE DEPARTMENT OF FACILITIES MANAGEMENT REAL ESTATE DIVISION TITLE VI SURVEY PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-337-006 PRIVACY NOTICE The Information Practices Act of 1977 (Civil Code Section 1798.17) and the Federal Privacy Act (Public Law 93-579) require that this notice be provided when collecting personal information from individuals. The legal references for maintaining this information are Title VI of the Civil Rights Act of 1964, and the Code and Federal Regulations (23CFR710). The information furnished on this form may be transferred to the Federal Highway Administration where it may be used for statistical purposes and for reviewing compliance with Federal requirements. All persons impacted by federally funded State Transportation Projects are requested to provide information with regard to race, color, sex, religion, national origin, ancestry, age, marital status, disability or medical condition. Please check the items below which best describes you and return this form in the enclosed envelope. THE FURNISHING OF THIS INFORMATION IS VOLUNTARY Head of Household: �� Male / Female Marital Status: Single c/ Married Divorced Separated Race: ✓ White American Indian Specify Tribe: Black Hispanic Other Specify: Asian Language spoken, if other than English. —� Are you or any member of your household suffering any physical disability or medical condition? Yes No ROW: 1-10 and Indian Interchange CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-370-006 OWNER: Farzaneh Raman, Gregory Roman, Don Kronsberg, Brenda Kronsberg, Margo Rosen, Mary Ann Theisen, Mike Metz and Susan Kennington The CITY OF PALM SPRINGS hereby makes you an offer of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-006, identified as Parcel CO-1. 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 APPROVAL. Dated: U� By: David H. Ready, City Manager Received a copy of the above offer this day of 20 By: by: Farzaneh Roman Gregory Roman By: By: Don Kronsberg / Brenda Kronsberg By: J� l�ti�'t 4Cl L By: Margo Ros Mary Ann Theisen By: (� By: Mike Metz Susan Kennington CO:iw 01/08/09 001 PG 12.424 COUNTY OF RIVERSIDE DEPARTMENT OF FACILITIES MANAGEMENT REAL ESTATE DIVISION TITLE VI SURVEY PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-337-006 PRIVACY NOTICE The Information Practices Act of 1977 (Civil Code Section 1798.17) and the Federal Privacy Act (Public Law 93-579) require that this notice be provided when collecting personal information from individuals. The legal references for maintaining this information are Title VI of the Civil Rights Act of 1964, and the Code and Federal Regulations (23CFR710). The information furnished on this form may be transferred to the Federal Highway Administration where it may be used for statistical purposes and for reviewing compliance with Federal requirements. All persons impacted by federally funded State Transportation Projects are requested to provide information with regard to raca, color, sex, religion, national origin, ancestry, age, marital status, disability or medical condition. Please check the Items below which best describes you and return this form in the enclosed envelope. THE FURNiSHiNG OF THi3 iNFORMATiON IS VOLUNTARY Head of Household: Male •Female Marital Status: Single Married Divorced Separated Race. i/ White American Indian Specify Tribe: Black Hispanic Other Specify: Asian Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition? Yes No ROW. 1-10 and Indian Interchange CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-370-006 OWNER: Farzaneh Roman, Gregory Roman, Don Kronsberg, Brenda Kronsberg, Margo Rosen, Mary Ann Theisen, Mike Metz and Susan Kennington The CITY OF PALM SPRINGS hereby makes you an offer of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-006, identified as Parcel CO-1. 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 APPROVAL. Dated: By: David H. Ready, City Manager Received a copy of the above offer this day of , 20 By: By: Farzaneh Roman Gregory Roman By: By: Don Kronsberg Brenda Kronsberg By: By: Margo IRosea Ma7An heisen By. / .1 By. Mike Metz usan Kennington co:Iw 01/08/09 0C1 PG 12.424 COUNTY OF RIVERSIDE DEPARTMENT OF FACILITIES MANAGEMENT REAL ESTATE DIVISION TITLE VI SURVEY PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-1 APN: 666-337-006 PRIVACY NOTICE The Information Practices Act of 1977 (Civil Code Section 1798.17) and the Federal Privacy Act (Public Law 93-579) require that this notice be provided when collecting personal information from individuals. The legal references for maintaining this Information are Title VI of the Civil Rights Act of 1954, and the Code and Federal Regulations (23CFR710). The information furnished on this form may be transferred to the Federal Highway Administration where it may be used for statistical purposes and for reviewing compliance with Federal requirements. All persons impacted by federally funded State Transportation Projects are requested to provide information with regard to race, color, sex, religion, national origin, ancestry, age, marital status, disability or medical condition. Please check the Items below which best describes you and return this form in the enclosed envelope. THE FURNISHING OF THIS INFORMATION IS VOLUNTARY Head of Household: Male Female Marital Status- Single Married Divorced Separated Race, White American Indian Specify Tribe: Black Hispanic Other Specify: Asian Language spoken, if other than English. Are you or any member of your household suffering any physical disability or medical condition? Yes 4-� No ROW: 1-10 and Indian Interchange CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1110 — Indian Avenue Interchange PARCEL: CO-1 APN' 666-370-006 OWNER. Farzaneh Roman, Gregory Roman, Don Kronsberg, Brenda Kronsberg, Margo Rosen, Mary Ann Theisen, Mike Metz and Susan Kennington The CITY OF PALM SPRINGS hereby makes you an offer of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-006, identified as Parcel CO-1. 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 APPROVAL.. Dated: By: David H. Ready, City Manager Received a copy of the above offer this day of , 20 By: By: Farzaneh Roman Gregory Roman By: F By: Don Kronsberg Brenda g By: By: Margo Rosen Mary A Theisen By: BY Mike Metz Susan Kennington CO:Jw 01/08/09 001 PG 12.424 STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the City Council of the City of Palm Springs (Authority), the City of Palm Springs (Buyer) is in the process of acquiring private property necessary for public use. We are prepared to purchase your property with title being subject only to any existing easements or restrictions of record. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title I of the Government Code, an estimate of just compensation in the amount of Thirteen Thousand Two Hundred Eighty Dollars (513,280) has been made for the interest to be acquired in your property (see "Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. The appraisal takes into consideration the location of your property, its highest and best use, and current sales of properties similar to your property. 1. DEFINITION OF FAIR MARKET VALUE The definition of fair market value as it applies herein is contained in Section 1263.320 of the Code of Civil Procedure of California, which is quoted in part as follows. "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by the seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." 1 ROW: 1-10 and Indian Interchange Just Compensation includes amounts for the land, improvements, severance damage if any, and other elements as follows: LAND $13,280 IMPROVEMENTS $0 DAMAGE TO THE REMAINDER $0 TEMPORARY CONSTRUCTION EASEMENT $0 OTHER $0 TOTAL $13,280 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL DESCRIPTION: A Public Road and Utility Easement over the real property in Riverside County, California, described as follows: EXHIBIT "A" (Legal Description) 2 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) 1/We/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) I/We/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: ey:����r'�� " David 4mady, City��gerReceived a copy of the above offer this cy--day o �J By: By; Farzaneh Roman Gregory Roman By: By: Dan Kronsberg Brenda Kronsberg By: By: Margo Rosen Mary Ann Theisen By: By: Mike Metz Susan Kennington CO:jw 01/08109 001 PG 12.424 h �'1''b 10� •9`6,��o� 3 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", STATEMENT OF OWNER(S) INVe/They have been informed of my/our/their rights under Public Law 91.646 and State Statutes. (Initials) INVe(Tey have read and understand the r Statement of Just Compensation. (Initials) There are persons living on the property. Yes No There are businesses being conducted / on the property by others. Yes No (/ The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: By David H. Ready, City Manager Received a copy of th above offer this j y� day of By:� By: Farzaneh Roman Gregdry Roman By: By: Don Kronsberg Brenda Kronsberg By. By: Margo Rosen Mary Ann Theisen By: By: Mike Metz Susan Kennington Co:iw 01/08/09 001 PG 12 424 3 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) �- INVe/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) INVeFrhey have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: By: David H. Ready, City Manager Received a copy of the above offer this day of By: By. Gr By. Farzaneh�Romanvl � � By: Ili Don Kronsberg Brenda Kronsberg By: By: Margo Rosen Mary Ann Theisen By: By: _ Mike Metz Susan Kennington CO:JW 01108/09 OO1 PG 12.424 3 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) INVe/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) INVe/They have read and understand the Statement of Just Compensation. (Initials) ��- There are persons living on the property. Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Crated: l By: David H. Ready, City Manager Received a copy of the above offer this day of By: By: Farzaneh Roman Gregory Roman By: By: Cron Kronsberg � Brenda Kronsberg By. LLI-L •CT yG C!�.n�V By: Margo Roseo Mary Ann Theisen By: By: Mike Metz Susan Kennington CO:rw 01/08/09 001 PG 12.424 3 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) INVe/They have been informed of my/our/their rights j under Public Law 91-646 and State Statutes. (Initials) INVe/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocaticn planning. Dated: By: David H. Ready, City Manager Received a copy of the above offer this day of By. By: Farzaneh Roman Gregory Roman By: By: Don Kronsberg Bre a'Krons By: B Margo Rosen Mary A Theisen By: By. Mike Metz Susan Kennington CO:jw 01/08/09 MPG 12,424 3 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights undf Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 STATEMENT OF OWNER(S) INVe/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) INVe/They have read and understand the Statement of Just Compensation (Initials) There are persons living on the property Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning Dated: By: David H. Ready, City Manager Received a copy of the above offer this day of By. By; Farzaneh Roman Gregory Roman By: By: Don Kronsberg Brenda Kronsberg By: By: 17 Margo Rosen Mary A heisen / Mike Metz usan Kennington CO:Jw 01/O8/09 001 PG 12.424 3 ASSESSOR'S PARCEL NO. 566-370-006 Exhibit "A" PARCEL CO-1 I For Public Road purposes, that portion of the West half of Section 14, Township 3 South, Range 4 East, San Bernardino Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Southerly corner of that property described bed in deed to Shell Oil Company, recorded August 25, 1964 as document No. 104165, of Official Records, said corner being on the Easterly line of that property described as Parcel A in deed to the State of California recorded October 18, 1955 as Document No. 66635, of Official Records; thence (1) Northwesterly along the Southwesterly fine of said Shell Oil Company deed from a tangent which bears S.00°23'27"W., along a 45.724 meter radius curve to the left, through a central angle of 4V18'25", an arc length of 32,965 meters;thence (2) leaving said Southwesterly line N.89°58'20"E., 11,352 meters to the Easterly line I of said Shell Oil Company deed; thence (3) along said Easterly line S.00020'35'W., 30.265 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 = 10&2 sq. meters, 0,0108 hectares 2F o � Gw-vw� 8-l��og ewizrev� Mich el A. Havener, PLS 7354 Date Nam, rva M54 Exp, 12-31-09 9rFOF CAv\F�3 Page 1 of 1 ` EXHIBIT 7) B )7 �89'58'20"�I—NEW R/W 11.352 m LEGEND e<9°y°tip , LOCAL RIGHT-OF-WAY ACQUISITION t>/ AREA = 108.2 SQ. M. (0.0108 HECTARES) APN 666'370-006� n P.O.B. POINT OF BEGINNING CO-1 N rev o R/W RIGHT-OF-WAY CO COUNTY OF RIVERSIDE PAR. NO, Ns P.O.B. rn N 51Y COR. OF PROPERTY 3 s DESCRIBED IN DEED TO SHELL OIL CO. REC. w AUGUST 25, 1964 AS pOC. NO. 104165 O.R. APN 666-370-008 y Z S 89'36'33' E (R) w S 00'20'35- W 1.369 m ��Jri VU �� � NE'LY LINE OF DEED TO \ THE COUNTY OF RIVERSIDE Z J r C r REC. JULY 22. 1986 AS O S _rr ) DOC. NO. 86-171822 O.R. 0 NE'LY LINE OF DEED TO J,s IV], STATE OF CAUFORNIA Z REC. JAN. 12, 1966 AS R/W LINE PER DEED INSTR. NO- 3948 O.R. ti�9 REC. 8/02/32 IN DETAIL 'A" BK. 86, PG. 92 O.R. NOT TO SCALE BOUNDARY OF PIN], 13 leyJip-so PAR. 'A" PER FA:Pll. J DEED REC. 10/15/55 IN IN eK_ tape, r,S) 10W7J PG. t27 O.R. L]J\rf(CSMAP SEE DETAIL 'A" �a LAND sv i / A. PEXP. 31 DEC 09 ) ` a 10 \ g TgTPNO- 735F�¢� OF CA4 e DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR No CO-1 OTHERWISE NOTED. MULTIPLY DISTANCES j BY 0,99997406 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: 8-13-08 SHEET 1 OF I SHEET Project: 1-10 and Indian Avenue Interchange Project No.: 001 PG APN: 666-370-006 Parcel No.: CO-1 RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of f1IAecit 3,0 , 200�1 , by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and FARZANEH ROMAN, TRUSTEE OF THE FARZANEH ROMAN LIVING TRUST DATED MARCH 20, 2007; DON KRONSBERG AND BRENDA KRONSBERG, TRUSTEES OF THE KRONSBERG FAMILY TRUST DATED FEBRUARY 28, 1983; MARGO ROSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED JULY 14, 1993; MARY ANN THEISEN, TRUSTEE OF THE WAYBREEN TRUST DATED OCTOBER 10, 1994; MIKE METZ AND SUSAN KENNINGTON CO- TRUSTEES, HASKELL METZ ESTATE; GREGORY ROMAN, ALL AS TENANTS IN COMMON ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately one thousand one hundred sixty five (1,165) square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), designated by CO-1, which is a portion of Assessor's Parcel No. 666-370-006, more particularly described on Exhibit A attached hereto (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 `r 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 Thirteen Thousand Two Hundred Eighty Dollars (513,280) 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. 2.2. 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. 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 April 30, 2009 (the "Closing Date"). As used in this Agreement, the "Close of Escrow" shall mean the date a Grant of Easement Deed, as provided in Section 2.4.2(a) hereof ("Grant of Easement Deed"), is recorded in the Official Records of the County. 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; (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement, 2 ROW: 1-10 and Indian Interchange (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; (d) There shall have occurred no material adverse change 1n the physical condition of the Property (such as those caused by natural disasters) which would render the Property unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for the development of the Property; and (e) 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; and 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; (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. 2.4. 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 of Easement Deed in the form of Exhibit D. 3 ROW: 1-10 and Indian Interchange 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant of Easement Deed in the form of Exhibit C attached hereto, the Property subject only to the Permitted Exceptions (defined below); (b) 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 (c) 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 1986, 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 of Easement 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 of Easement Deed to Buyer, (iv) distribute to Seller the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Property subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 4 ROW: 1-10 and Indian Interchange 2.5.3 Taxes and Assessments. Real property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the most recent tax information and such proration shall be final. Said prorations shall be based on a three hundred sixty-five (365) day year. 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 Partv 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. 3. ACTIONS PENDING CLOSING. 3.1 . Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Orange Coast 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". 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. 5 ROW. 1.10 and Indian Interchange 3.2. Title Policy. 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 Prooertv. 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 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. 3.5. Loss or Damage to Improvements. Loss or damage to the Property, including any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Grant of Easement Deed shall be at the risk of Seller. In the event that loss or damage to the Property, or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant of Easement Deed, City may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS, 4.1, Seller's Representations. Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, 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 is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any 6 ROW: 1-10 and Indian Interchange Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. 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 Hazardous Substances. Neither Seller nor any third party has used, generated, manufactured, stored or disposed any Hazardous Substances in, at, on, under or about the Property or transported any Hazardous Substance to or from the Property. Additionally, (a) the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil or groundwater conditions; (b) the Property has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance; (c) there has been no discharge, migration or release of any Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor has there ever been on or in the Property underground storage tanks or surface impoundments, any asbestos-containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment, and (e) there is not now, nor has there ever been, debris or refuse buried in or under the Property which would adversely affect the development of the Property. Seller hereby assigns to Buyer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Property. As used in this Agreement, the term "Hazardous Substances" shall have the meaning set forth on Exhibit F attached hereto. At any time prior to the Close of Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to ascertain the presence of any Hazardous Substances on, in, under and about the Property, 4.1.3 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat, flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1.4 Mechanic's Liens. There are no mechanics', material men's or other claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. 7 ROW! 1-10 and Indian Interchange 4.1.5 Leases/Easements. 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 .6 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1 .7 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. 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. 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 Author. 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. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Seller In connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. 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 8 ROW: 1-10 and Indian Interchange 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 Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. 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. 4.3. 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 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 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 attorneys' 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 9 ROW! 1.10 and Indian Interchange 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 Agreement. 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. Headinas. 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 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 10 ROW! 1-10 and Indian Interchange 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 filed 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. 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: 11 ROW: I-10 and Indian Interchange 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: James Force Right-of-Way Acquisition Agent County of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 Facsimile No.: (951) 955-4837 Telephone No.: (951) 955-4822 If to Seller, to: Attn: Gregory Roman 10501 Wilshire Blvd, Suite 2111 Los Angeles, CA 90024 Telephone No.: (310) 446-4787 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 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 12 ROW: 1.10 and Indian Interchange 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, Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFE TED HIS OR HIS SETTLEMENT WITH THE DEBTOR." Seller's Initials 7.15 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] 13 ROW. I-10 and Indian Interchange 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. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBTOR." 17� Seller's Initials 7.15 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] 13 ROW: 1-10 and Indian Interchange 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. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED' HIS OR HIS SETTLEMENT WITH THE DEBTOR." Y( l� Seller's Ini als 7.15 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] 13 ROW: 1-10 and Indian Interchange 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. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECT HIS OR HIS SETTLEMENT WITH THE DEBTOR." S I PInitials 7.15 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] 13 ROW: 1-10 and Indian Interchange 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. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBTOR." � M� Seller's nitials 7.15 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] 13 ROW: 1.10 and Indian Interchange 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 The Farzaneh Roman Living Trust Dated corporation, March 20, 2007 By: BY: David H. Ready Farzaneh Roman, Trustee City Manager The Kronsberg Family Trust Dated Attest: February 28, 1983 By: BY: Don Kronsberg, Trustee James Thompson City Clerk BY: Brenda Kronsberg, Trustee APPROVED AS TO FORM: The Margo Rosen Trust Dated July 14, WOODRUFF, SPRADLIN & SMART 1993 By: BY: Margo Rosen, Trustee Douglas C. Holland, Esq. City Attorney The Waybreen Trust Dated October 10, 1994 By: Exhibit List Mary Ann Theisen, Trustee Exhibit A -- Legal Description of the The Haskell Metz Estate Property n /1 Exhibit B -- Depiction of Property By: Exhibit C Form of Grant of Easement Mike o-Trusteea Deed Exhibit D -- Form of Certificate of By Susan Kennington, Co-Trust Acceptance Exhibit E -- Affidavit of Non-foreign Gregory Roman Taxpayer Status Exhibit F - Definition of Hazardous By: Substances Gregory Roman CO:jw 01/08109 001 PG 12.424 14 ROW 1-10 and Indian Interchange 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 The Farzaneh Roman Living Trust Dated corporation, March 20, 2007 By: BY: David H. Ready Farzaneh Roman, Trustee City Manager The Kronsberg Family Trust Dated February 7r8, 1983 Attest: r, BY: Da,(�,Krons Trus e James Thompson T 1 Y _(� City Clerk By: lL� Brenda Kronsberg, Trustee APPROVED AS TO FORM: The Margo Rosen Trust Dated July 14, WOODRUFF, SPRADLIN & SMART 1993 By: By: Margo Rosen, Trustee Douglas C. Holland, Esq. City Attorney The Waybreen Trust Dated October 10, 1994 Exhibit List By. Mary Ann Theisen, Trustee Exhibit A - Legal Description of the The Haskell Metz Estate Property Exhibit B - Depiction of Property By Exhibit C -- Form of Grant of Easement Mike Metz, Co-Trustee Deed By: Exhibit D - Form of Certificate of Susan Kennington, Co-Trustee Acceptance Exhibit E -- Affidavit of Non-foreign Gregory Roman Taxpayer Status Exhibit F - Definition of Hazardous By Substances Gregory Roman CO:jw 01/08/09 001 PG 12-424 14 ROW: 1-10 and Indian Interchange 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 The Farzaneh Roman Living Trust Dated corporation, March 20, 2007 By: BY: David H. Ready Farzaneh Roman, Trustee City Manager The Kronsberg Family Trust Dated Attest: February 28, 1983 By: .By: Don Kronsberg, Trustee James Thompson City Clerk By: Brenda Kronsberg, Trustee APPROVED AS TO FORM: The Margo Rosen Trust Dated July 14, WOODRUFF, SPRADLIN & SMART 1993 By: BY: Margo Rosen, Trustee Douglas C. Holland, Esq. City Attorney The Way e Trust Dated October 10, By. Ven Exhibit List By. MaAnn 7stee` /%/� Exhibit A - Legal Description of the The Haskell Metz Estate Property Exhibit B -- Depiction of Property By: Exhibit C Form of Grant of Easement Mike Metz, Co-Trustee Deed By: Exhibit D -- Form of Certificate of Susan Kennington, Co-Trustee Acceptance Exhibit E Affidavit of Non-foreign Gregory Roman Taxpayer Status Exhibit F -- Definition of Hazardous By: Substances Gregory Roman cOjW 01/08/09 001 PG 12,424 14 ROW: 1-10 and Indian Interchange 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 The Farzaneh Roman Living Trust Dated corporation, March 20, 2007 By: By: h David H. Ready Farzaneh Roman, Trustee City Manager The Kronsberg Family Trust Dated Attest: February 28, 1983 By: By: Don Kronsberg, Trustee James Thompson City Clerk By: Brenda Kronsberg, Trustee APPROVED AS TO FORM: The Margo Rosen Trust Dated July 14, WOODRUFF, SPRADLIN & SMART 1993 By: By: Margo Rosen, Trustee Douglas C. Holland, Esq. City Attorney The Waybreen Trust Dated October 10, 1994 Exhibit List By. Mary Ann Theisen, Trustee Exhibit A -- Legal Description of the The Haskell Metz Estate Property Exhibit B -- Depiction of Property By: Exhibit C Form of Grant of Easement Mike Metz, Co-Trustee Deed By: Exhibit D -- Form of Certificate of Susan K nington, Co-Trustee Acceptance Exhibit E -- Affidavit of Non-foreign Gregory R n Taxpayer Status Exhibit F -- Definition of Hazardous By: Substances Gregory Roman cG:jW 01/08/09 001 PG 12,424 14 ROW: 1-10 and Indian Interchange 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 The Farzaneh Roman Living Trust Dated corporation, March 20, 2007 By: By: - David H. Ready Farzaneh Roman, Trustee City Manager The Kronsberg Family Trust Dated Attest: February 28, 1983 By: .By: Don Kronsberg, Trustee James Thompson City Clerk By: Brenda Kronsberg, Trustee APPROVED AS TO FORM: The Margo Rosen Trust Dated July 14, WOODRUFF, SPRADLIN & SMART 1993 By: Margo Rosen, rustee ` Doualas C. Holland. Esc. City Attorney The Waybreen Trust Dated October 10, 1994 Exhibit List By. Mary Ann Theisen, Trustee Exhibit A -- Legal Description of the The Haskell Metz Estate Property Exhibit B -- Depiction of Property By: Exhibit C -- Form of Grant of Easement Mike Metz, Co-Trustee Deed Exhibit D -- Form of Certificate of By. Susan Kennington, Co-Trustee Acceptance Exhibit E -- Affidavit of Non-foreign Gregory Roman Taxpayer Status Exhibit F -- Definition of Hazardous By Substances Gregory Roman CO:jW 01/08/09 001PG 12.424 14 ROW: I-10 and Indian Interchange 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 The Farzaneh Roman Living Trust Dated corporation, March 20, 2007 � By: ����� By David H. Ready Farzaneh Roman, Trustee City Manager The Kronsberg Family Trust Dated Attest: February 28, 1983 By. Don Kronsberg, Trustee mes Thompson City Clerk By Brenda Kronsberg, Trustee APPROVED AS TO FORM: The Margo Rosen Trust Dated July 14, WOOD U F,SPRADLIN & SMART 1993 By B /" / �� Y� /�,�r� /. -��I Margo Rosen, Trustee City Attorney 'rney C. Holland, Esq.C The Waybreen Trust Dated October 10, City 1994 Exhibit List By. Mary Ann Theisen, Trustee Exhibit A -- Legal Description of the The Haskell Metz Estate Property Exhibit B - Depiction of Property By. Exhibit C -- Farm of Grant of Easement Mike Metz, Co-Trustee Deed By: Exhibit D -- Form of Certificate of Susan KVington, Co-Trustee Acceptance Exhibit E -- Affidavit of Non-foreign Gregory Po Taxpayer Status Exhibit F -- Definition of Hazardous By Substances Grego Roman APPROVED By CITY COUNCIL co0Wy ovoaios 001 PG 12 424 14 ROW: 1.10 and Indian Interchange ASSESSOR'S PARCEL NO. 666-370-006 Exhibit "A" PARCEL 00-1 For Public Road purposes, that portion of the West half of Section 14, Township 3 South, Range 4 East, San Bernardino Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Southerly corner of that property described in deed to Shell Oil Company, recorded August 25, 1964 as document No. 104165, of Official Records, said corner being on the Easterly line of that property described as Parcel A in deed to the State of California recorded October 18, 1955 as Document No. 66635, of Official Records; thence (1) Northwesterly along the Southwesterly line of said Shell Oil Company deed from a tangent which bears S.00023'27"W., along a 45.724 mete,radius cure to the left, through a central angle of 41018'25", an arc length of 32.965 meters; thence (2) leaving said Southwesterly line N.69058'20"E., 11.352 meters to the Easterly line of said Shell Oil Company deed; thence (3) along said Easterly line S.00020'35'W., 30.265 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 = 103.2 sq. meters, C.0108 hectaresExp.12MIGP7 ��c,FFyp yq�hG� Mich el A. Havener, PLS 7354 � Date �� Mo.7354 Exp. 12-31-09 i F�F CAL�FO Page 1 of 1 o5 /2EXHBIT )) B N 89.352 mti 17— ,E —NEWR/W LEGEND LOCAL RIGHT-OF-WAY ACQUISITION AREA 108.2 Sp, M. (0-0108 HECTARES) APN 666-370-OOo P.O.B. POINT OF BEGINNING CO-1 N cw rya o p R/W RIGHT--OF-WAY CO COUNTY OF RIVERSIDE PAR. NO. N ' P.O.B. w S'LY OCR. OF PROPERTY s s w, DESCRIBED IN DEED TO 3 SHELL OIL CO_ REC. w AUGUST 25, 1964 AS DOC, NO. 104155 D.R. I 7 APN 666-370-006 ) I �F W S 00'20'35" W� > 1.369 m Q r NE'LY LINE OF DEED TO W ��) r THE COUNTY OF RIVERSIDE �O Z +j r✓ -1 it REC. JULY 22, 1986 AS \ f�'i� if r, rr. J iJ DOC, NO. 86-171822 O,R, j 1 . 0 NE'LY LINE OF DEED TO Jos jv] STATE OF CALIFORNVS _ REC, JAN. 12, 1966R/W LINE PER DEED INSTR. NO. 3948 O. REC. 8/02/32IN DETAIL •p• BK. 86, PG. 92 O.R. NOT TO SCALE BOUNDARY OF PIN], 134 881-89 PAR. "A" PER P !,r) DEED REC, r r1' 10/18/55 IN IN BK. 1808, ri J J J Jl J PG. 127 O.R. 2O'rH SEE DETAIL "A' E� LAND ,S( �` 4a5pF-�" A• yqL LF EXP. 31 DEC 09 L� IA -484) � ` � gk� �T w 1p J �J 9Te Ole- DISTANCES pLiFO�� I I ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR NO. : CD-1 OTHERWISE NOTED. MULTIPLY DISTANCES j BY OA9997406 TO OBTAIN GROUND PREPARED 6Y: 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 8-13-08 SHEET 1 OF 1 SHEET I ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the foregoing Right-of-Way 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: co:iw 01/08/09 001 PG 12.424 ROW: 1-10 and Indian Interchange EXHIBIT C FORM OF GRANT OF EASEMENT 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 USE Exempt from recording changes under Government Code§6103 GRANT OF EASEMENT DEED APN: 666-370-006 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLER DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FARZANEH ROMAN, TRUSTEE OF THE FARZANEH ROMAN LIVING TRUST DATED MARCH 20, 2007 AS TO 26% INTEREST; DON KRONSBERG AND BRENDA KRONSBERG, TRUSTEES OF THE KRONSBERG FAMILY TRUST DATED FEBRUARY 28, 1983 AS TO 20% INTEREST; MARGO ROSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED JULY 14, 1993 A5 TO 20% INTEREST; MARY ANN THEISEN, TRUSTEE OF THE WAYBREEN TRUST DATED OCTOBER 10, 1994 AS TO 15% INTEREST; MIKE METZ AND SUSAN KENNINGTON CO-TRUSTEES, HASKELL METZ ESTATE AS TO 15% INTEREST; GREGORY ROMAN AS TO 4% INTEREST, ALL AS TENANTS IN COMMON, hereby GRANTS to. CITY OF PALM SPRINGS, a municipal corporation, an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property in the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference ROW: I-10 and Indian Interchange 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: The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 2007 By: (SIGNATURE NOT REQUIRED) By: SIGNATURE NOT REQUIRED Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated By: _ SIGNATURE NOT REQUIRED) February 28, 1983 Mike Metz, Co-Trustee By: (SIGNATURE NOT REQUIRED) By: (SIGNATURE NOT REQUIRED) Don Kronsberg, Trustee Susan Kennington, Co-Trustee By. (SIGNATURE NOT REQUIRED) Gregory Roman Brenda Kronsberg, Trustee The Margo Rosen Trust Dated July 14, By: (SIGNATURE NOT REQUIRED) 1993 Gregory Roman By: SIGNATURE NOT REQUIRED) Margo Rosen, Trustee ROW: 1-10 and Indian Interchange 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 NOT REQUIRED Signature My Commission Expires, This area for official notarial seal ROW: 1-10 and Indian Interchange ASSESSOR'S PARCEL NO. 665-370-006 Exhibit "A" PARCEL CO-1 For Public Road purposes, that portion of the West half of Section 14, Township 3 South, Range 4 East, San Bernardino 14 andian, in the County of Riverside, State of California, as shown by official plat of said land approved by the I Surveyor General February 29, 1856, more particularly described as follows- BEGINNING at the most Southerly corner of that property described in deed to Shell Oil Company, recorded August 25, 1964 as document No. 104165, of Official Records, said corner being on the Easterly line of that property described as Parcel A in deed to the State of California recorded October 18, 1955 as Document No. 66635, of Official Records; thence (1) Northwesterly along the Southwesterly line of said Shell Oil Company deed from a tangent which bears S.00123'27"lN., along a 45.724 meter radius curve to the left, through a central angle of 4101825", an arc length of 32.965 mete-s; thence (2) leaving said Southwesterly line N.89°58'20"E., 11.352 meters to the Easterly line i of said Shell Oil Company deed; thence (3) along said Easterly line S.00°20'35"W., 30.265 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, \A N D SG, Area = 1062 sq. meters, 0.0108 hectares 5 � p,yq`'p, ��fi.�'_r-fn✓� �l��iti.,-riv.til �i 'l7'OQj' y � FxP.iT131/� � lViich el A. Hav<ner, PLS 7354 Date r� N0.7354 .� Exp. 12-31-09 9TFDF CA Page 1 of 1 E X H I U I T 77 B 77 �893522mi� NEW R/W LEGEND o5ati�� C� LOCAL RIGHT-OF-WAY ACQUISITION 0� AREA = 10B,2 $0, M. �_ (0.0108 HECTARES) �1 APN 666-370-006J ETn r� P.O.B. POINT OF BEGINNING CO-1 N rav � o R/W RIGHT-OF-WAY ti` �� �� � CO COUNTY OF RIVERSIDE PAR. NO. ma's P.D.B. `�> N SLY COR. OF PROPERTY 3 3 L% DESCRIBED IN DEED TO SHELL OIL CO. REC. �f AUGUST 25. 1964 AS DOC. NO. 104165 O.R. I APN 666-370-006 —( ,— \ y F S 89'36.33• E R Lij S 00'20'35" W 1.369 m Q �`)l' �' NE'LY LINE E OF DEED \ \ 1J1J J/) THE COUNTY OF RIVERSIDE \ Z J r cl -kf Q J� lr^i� REC. JULY 22, 1986 AS Q� rr DOC, NO. 86-171822 O.R. ` j J . :J �� �� 7 NE'LY LINE OF DEED TO STATE OF CALIFORNVAS ,,lP REC, JAN. 12, 1966 R/W LINE PER DEED INSTR. NO. 3948 O.REC. 8/02/32 IN DETAIL sA* BK. 86, PG, 92 O.R. NOT TO SCALE —BOUNDARY OF p'1`li' 31 r JJ J p J PAR. "A" PER DEED REC. 10/18/55 IN IN BK, 1808. FI PG, 127 O.R. 20 T� SEE DETAIL •A' Ea NANO SL EXP. 31 DEC 09 (CS MAP 20h-484) � \ � g�� � � JR TA- sTgTe o CA0F DISTANCES ARE IN METERS UNLESS CITY OF' PALM SPRINGS PAR NO CD-1 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE 4 TO U.S. SURVEY FOOT MULTIPLY s DISTANCES BY 3937/1200. DATC: 8-13-08 SHEET 7 OF 1 SHEET EXHIBIT D CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant of Easement 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: SIGNATURE NOT REQUIRED) Name: James Thompson Title: City Clerk DATED: 20 ROW: 1-10 and Indian Interchange 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 Code 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. 1 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: 2 EXHIBIT F HAZARDOUS SUBSTANCE DEFINITION The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "hazardous chemical substance or mixture", "imminently hazardous chemical substance or mixture", "toxic substances", "hazardous air pollutant', "toxic pollutant" or "solid waste" in the statues or regulations listed below. Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations, orders or rules and materials and wastes which are, or in the future become, regulated under applicable local, state or federal law for the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) a "Hazardous Substance", "Hazardous Material', "Hazardous Waste", or "Toxic Substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.G. §§ 9601, et sec., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et (2) "Oil' or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (3) listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity; (4) a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remedlated, including remedlation which such law or public agency requires in order for the property to be put to any lawful purpose; 1 ROW: 1-10 and Indian Interchange (5) any material the presence of which would require remediation, whether or not the presence of such material resulted from a leaking underground fuel tank; (6) pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et sec.; (7) asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 at sec.; (8) any radioactive material including, without limitation, any "source material', "special nuclear material', "by-product material', "low-level wastes", "high- level radioactive waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et seg., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq. (9) industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et sec.; All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein. 2 LIMITED POWER OF ATTORNEY 1. I,t&9ANt14- R#�M }X� ,do hereby appoint Gregory Roman,or his assigns,as my attorneys-in- fact to act for me and in my name as authorized in this document. 2. Subject to any limitations in this document,this power of attorney is a durable power of attorney and shall not be affected by my subsequent incapacity. 3. 1 hereby authorize and grant the following powers: • Authority for Gregory Roman to execute any and all instruments necessary to transfer 1,165 square feet of real property held in the name of Farzaneh Roman,Trustee of the Farzaneh Doman Living Trust Dated March 20, 2007; Don Kronsberg and Brenda Kronsberg, Trustees of the Kxonsberg Family Trust Dated February 28, 1983;Margo Rosen,Trustco of the Margo Rosen Trust Dated July 14, 1993;Mary Ann Theisen,Trustee of the Waybreen Trust Dated October 10, 1994; Mike Metz and Susan Kennington Co-Trustees, Haskell Meiz Estate; Gregory Roman,All as Tenants in Common, in connection with the right of way agreement for the I-10 and Indian Avenue Interchange and to open a bank account with the proceeds in order to pay expenses of the owners for the marketing and sale of the remainder of the property. GIVING AND GRUNTING unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite,necessary or appropriate to be done to effectuate the above- described authorization as fully to all intents and purposes as I might or could do if personally present, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to determine in his sole discretion the time and manner in which any power herein conferred upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document,which maybe executed by hi pursuant hereto. Dated: 3 l L (0 State of California ) County of GTafTe ) Ws On t( 0 _ before me, (here insert name and title of the officer tom, a 'O W ibou�u, Nola Pu6h personally appeared /?f who proved to me on the basis of satisfactory evidence to bo the person(w)whose namc(,' is/are subscribed to the within instrument and acknowledged to Ire that he/shehhey executed the same in hiis7hcr/thetr authorized capacity(ies), and that by W/her/their signature(s) on the instrument the person(W, or the entity upon behalf of which the person(4 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 (Seal) LILIAN PUOJOWIBOWO COMM81632066 9CHRISL•.0p0/4A I4-)627-8275v.I NOTARY MUC•CAUFORNIA LOS ANGELES COUNTY Gomm.E%p JAN 23 2013 r-1NKS ME6'Y LIMITED POWER OFATTORNEY do hereby appoint Gregory Roman,or his assigns,as my attorneys-in- fact to act for me and in my name as authorized in this document. 2. Subject to any limitations in this document,this power of attorney is a durable power of attorney and shall not be affected by my subsequent incapacity. 3. I hereby authorize and grant the following powers. • Authority for Gregory Roman to execute any and all instruments necessary to transfer 1,165 square feet of real property held in the name of Farzanch Roman,Trustee of the Farzaneh Roman Living Trust Dated March 20, 2007; Don Kronsberg and Brenda Kronsberg, Trustees of the Kronsberg Family Trust Dated February 28, 1983:Margo Rosen,Trustee of the Margo Rosen Trust Dated July 14, 1993;Mary Ann Theisen, Trustee of the Waybreen Trust Dated October 10, 1994; Mike Metz and Susan Kennington Co-Trustees, Haskell Metz Estate; Gregory Roman, All as Tenants in Common, in connection with the right of way agreement for the I-10 and Indian Avenue Interchange and to open a bank account with the proceeds in order to pay expenses of the owners for the marketing and sale of the remainder of the property. GIVING AND GRANTING unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite,necessary or appropriate to be done to effectuate the above- described authorization as fully to all intents and purposes as I might or could do if personally present, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to detenrtine in his sole discretion the time and manner in which any power herein conferred upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document, which may be executed by him pursuant beret Dated: State of California County of Orange tom) O.. A0 o?ad 9 before me, (here insert name and title of the officer D .0 Ne7A, y &Zhc- ,personally appeared d w (� , who proved to me on the basis of satisfactory evidence to be the personF�whose named, subscribed to the within instrument and aclaiowledged to me that lkz-/slfe re executed the same in 1 X/Ler&e r7authorized capacity, and that by i s/�fe tear signatures on the instrument the person0, or the entity upon behalf of which the personM 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 , oC �� (Seal) m . ' 17. L, SMITH COMM m "°U ; � ...1814206 NOTARY PUBLIXALIFORNIA 1 CHR3SE 000/4814-1627.8275v 1 m ORANGECOUNTy W My Term FXp.Sept.20 2012 LIMITED POWER OF ATTORNEY �<('Z0Q! P'C-Qnereby appoint Gregory Roman,or his assigns,as my attorneys-in- fact to act for me and in my name as authonzed in this document. 2. Subject to any limitations in this document,this power of attorney is a durable power of attorney and shall not be affected by my subsequent incapacity. 3. I hereby authorize and grant the following powers: • Authority for Gregory-Raman to execute any and all instruments necessary to transfer 1,165 square feet of real property held in the name of Farzaneh Roman,Trustee of the Farzaneh Raman Living Trust Dated March 20, 2007; Don Kronsberg and Brenda Kronsberg, Trustees of the Kronsberg Family Trust Dated February 28, 1983;Margo Rosen,Trustee of the Margo Rosen Trust Dated 7uly 14, 1993;Mary Ann Theisen,Trustee of the Waybreen Trust Dated October 10, 1994; Mike Meta and Susan Kennington Co-Trustees, Haskell Metz Estate; Gregory Roman,All as Tenants in Common, in connection with the right of way agreement for the 1-10 and Indian Avenue Interchange and to open a bank account with the proceeds in order to pay expenses of the owners for the marketing and sale of the remainder of the property. GIVING AND GRANTING unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite,necessary or appropriate to be done to effectuate the above- described authorization as fully to all intents and purposes as I might or could do if personally present, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to determine in his sole di scretion the time and manner in which any power herein conferred upon him shall be exercised. and the conditions, provisions and covenants of any instrument or document,which may be executed by him pursuant hareto. Dated: C) State of California ) County of Oxatrrve ) On Ma •� 3, 9 before me, (here insert name and title of the officer tick J„ -ag. ma Avot , lus Cc personally appeared D,., V .., 6� d Krs.,da who proved to me on the basis of satisfactory evidence o be the person(s)whose name(s).is are subscribed to the within instrument and aclatowledged to me that" tc executed the same in lxiszlra ea authorized capacity(ies), and that by lzis<hc eir 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 (Seal) L-- • CHUCK JIRC MHRAYAMA Commission#k 181d851 ['I-I2I$E!)o0/4R14•IG27,8275v 1 i .� Notary Public-California z Los AnlIelas County My Comm. Expires Oct 9,2012 r LIMITED POWER OF ATTORNEY 1. I, Pjfdg41&1zejreby appoint Gregory Roman, or big assigns,as my attorneys-in- fact to act for nee an n my name as authorized in this document. 2. Subject to any limitations in this document,this power of attorney is a durable power of attorney and shall not be affected by my subsequent incapacity. 3. I hereby authorize and grant the following powers: • Authority for Gregory Roman to execute any and all instruments necessary to transfer 1,165 square feet of real property held in the name of Farzaneh Roman, Trustee of the Farzaneh Roman Living Trust Dated March 20, 2007; Don Kronsberg and Brenda Kronsberg, Trustees of the Kronsberg Family Trust Dated February 28, 1983;Margo ROSca,Trustee of the Margo Rosen Trust Dated July 1 A, 1993:Mary Ann Theisen,Trustee of the Waybreen Trust Dated October 10, 1994; Mike Metz and Susan Kennington Co-Trustees, Haskell Metz Estate; Gregory Roman,All as Tenants in Common,in connection with the right of -way agreement for the-!-!0 and Indian Avenue inrerchange and to open a bank account with the proceeds in order to pay expenses of the owners for the marketing and sale of the remainder of the property. GIVING AND ORANTING unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite,necessary or appropriate to be done to effectuate the above- described authorization as fully to all intents and purposes as I might or could do if personally present, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Auomey is empowered hereby to deiennine in his sole discretion the time and manner in whtcb any power herein conferred upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document,which may be executed by him pursuant hereto. Dated; 44_�4 Q State of California County of On before me, here insert,name and title of the �& /' ..personally appeared who proKeato me on the basis of satisfactory evi ce to be the person*whose name{ is/ark subscribed to the within instrumnnt and acknowledged to me that hls/she/tl* executed the same in his/her/thLNr authorized capacity�ias), and that by hts'her/dray signatureN on the instniment the personal, or the entity upon behalf of which the persoA� ) 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 m-�uGy lh-and official seal. LINOANEHZ / Commission 1819699 SiP1i� -_ ` Rotary Public•CalNorois Las Angeles County (S 1) N Corom.Es irn Oct 25 2012 ClHRISE 000/4814.I637.8775v I C11LPt=aP�P�?P� ALP,-FtCf1�1-D5� CkGP`P�:GI'�'I.EE�C��'f�P�T Stale of Californian County cf, [I�'r LINDA HERZ NOTARY FjIaL Here Insert Nsmn andl ne of the rlfilcer personally appeared rvame(a)01 elpner(a) who proved to Ina on the basis of satisfactory evidence to be the persenXwhose name*is/*e subscribed to the within Insirument and acknowledged to me that NZ-/sha/tl7k executed the same in fir&her/ter authorized LINDA HERZ capaclty(rs), and that by hikl/ er/tiTair signaturcN on the commission*1819699 instrument the person(s)., or the entity upon behalf of a Notary PubliAngel -countCalifornia } which the psrson(;a acted, executed the instrument. Los Angeles County M Comm.Ex ires Oct 25.2012 I ceri y under PENALTY OF PERJURY under the laws of the Stale or Califomia that the foregoing paragraph is true and correct. WITNESS my ha 'and Df-IClal seal. Plea No�ry Gc;,l AboveSlgnazur� 61gn�rr of Nuary Public OPTIONAL � Though the imbrmadon below is not required by law,r n,ay provs valuaole ro persons ralylnc on the evvumenr z)7d could proven rraudulen.-removsl and reahaohment o;this form tv anotncr dneunent 17escription of A'htachcd D&C silent I Title or Type of Documentz/ Document Data— �.��. a!r'r-_�_ _.Number of Pag•s: Signer(s) Other Than Named Above: Capacity(ics) Claimed by Signer(s) l'5igner's Name; Signer's Name: Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate OPFicEr—Title(s): ❑ Partner--❑ Limited ❑ General ❑ Partner—❑Limited 0 General ❑ Attorney in Fact � - -� ❑Ariorney In FaC • • F � � �r- CD Trustee 'Fop of thumb here} ❑Trustee lop of.thumb here r El Guardian or Consarvator ❑Guardian or Conservator El Other: ❑Other: Signerls Representing: Signer is Representing: ©MN NaLensl Notry A- Maton-0550 be Sole Act R aBou=2-ch Phn,CA 91318- m-ry -NatntlN=ryerp nm459N Rcordcr.CaI17o1FFr=e'i-gpo.g�e-gam LIMITED POWER OF ATTORNEY 1. 1, Aoovba (&E I Jdo hereby appoint Gregory Roman, or his asgivis,as my attorneys-in- fact to act for me and in my name as authorized in this document 2. Subject to any limitations in this document,this power of attomey is a durable power of attorney and shall not be affected by my subsequent incapacity. 3. I hereby authorize and grant the following powers: • Authority for Gregory Roman to execute any and all instruments necessary to transfer 1,165 square feet of real property held in the name of Farzanch Roman,Trustee of the Farzanela Roman Living Trust Dated March 20, 2007; Don Kronsberg and Brenda Kronsberg, Trustees of the Kronsberg Farnily Trust Dated February 28, 1983;Margo Rosen,Trustee of the Margo Rosen Trust Dated July 14, 1993, Mary Ann Theisen,Trustee of the Waybreen Trust Dated October 10, 1994; Mike Metz and Susan Kennington Co-Trustees, Haskell Metz.Estate; Gregory Roman,All as Tenauus in Common, in connection with the right of way agreement for the 1-10 and Indian Avenue Interchange and to open a bank account with the proceeds in order to pay expenses of the owners for the marketing and sale of the remainder of the property. GIVfNG AND GRANTING unto nay said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite,necessary or appropriate to be done to effectuate the above- described authorization as fully to all intents and purposes as I might or could do if personally present, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to determine-in h ssi his the time and manner in which any power herein conferred upon him shall be exercised, and t, conditions, rovislons and covenants of any ins umeni or document,which.maybe executed by hi ter Dated: ;PLL&6 (� State of California ) County of Orange ) On oC �e�LCLI/ il .�Q g before Ire, (here insert ram and title of the officer o f r ), personally appeared wh proved to me on the basis of satisfactory evidence to be the person O whose name(gis/ e subscribed to the within instrument and aclaiowledgcd to me that X} /she/ty executed the same in 1X/her/tlW authorized capacity(i`W, and that by IK,/her/tliW signature on the instrument the person•, or the entity upon behalf of which the person�aeted, executed the utsttument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature—--`-- MYCLE DONN LL5 m r COMM...1751296 p .gym a NOTARY P09LIC•CALIFOANIA —I m oRAN6E CDUNTY G1 CI-I It156 000I4814-1627-8275v I My Term Eup.June tA,2011