HomeMy WebLinkAbout02921 - CANYON DEVELOPMENT ANDREAS INVESTMENT ASSOC SUBDIVISION TM 18087 Cindy Berardi
From: Carol Templeton
Sent: Wednesday, September 29, 2010 5:39 PM
To: Cindy Berardi
Subject: RE: TM18087 Amended: A2921 Canyon Development SIA
Cindy,
I would assume that this can be closed out. We have no bond decrease letters stored in the
computer and all of the files are stored in archives (which cost$30 to get out of archive). I have
never heard of any problems associated with this project, so I would say close it out.
Carol Templeton, Engineering Associate
City of Palm Springs Engineering Division
Direct (760) 323-8253 Ext. 8741
Fax (760) 322-8360 or 322-8325
Please note new email address:
Carol.templeton(a7palmspringsca.gov
http://www.geode.us/codes/palmsprings/view.php
NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH
THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS
CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM.
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From: Cindy Berardi
Sent: Wednesday, September 29, 2010 2:13 PM
To: Carol Templeton
Subject: TM18087 Amended: A2921 Canyon Development SIA
Can the attached be closed?
<<File: A2921 Canyon Development SIA.pdf»
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Canyon Development, G(nl Prtnr
S.ubdiv Impr TM t P
urch
from Andreas Investment Assoc)
CITY OF PALM SPRINGS AGREEMENT #2921 (incl Hold
Harmless)
SUBDIVISION IMPROVEMENT AGREEMENT CM signed 12-13-90___ _ —_ --
THIS AGREEMENT, made and entered into this 1st day of November, 1990, by
and between CANYON DEVELOPMENT, a California general partnership, hereinafter
referred to as "Canyon", and CITY OF PALM SPRINGS, a municipal corporation of
the State of California, hereinafter referred to as "City
WITNESSETH:
WHEREAS, Andreas Investment: Associates, a California general partnership,
hereinafter referred to as "Andreas", prepared and filed a final subdivision
map of Tract No. 18087 in the City of Palm Springs, County of Riverside, for
approval by City; and
WHEREAS, as a condition precedent to the approval of said map by City,
Andreas was required to offer for dedication those parcels of land intended
for streets, highways and other public use, and also to construct and install
or agree to construct and install certain improvements; and
WHEREAS, Andreas, by said map, offered for dedication to City for public
use the streets and easements Shown on said map; and
WHEREAS, City accepted the streets and easements shown on said map for
public use, and certain other such improvements; and
WHEREAS, as a condition precedent to the offer of the dedication of such
streets and easements by City, Andreas was required to enter into an agreement
with the City to construct certain improvements; and
WHEREAS, Canyon has agreed to purchase from Andreas, and Andreas has
agreed to sell to Canyon, a portion of Tract 18087;
WHEREAS, as part of the terms of such purchase and sale transaction, City
has agreed to accept, in lieu of the Subdivision Improvement Agreement dated
December 27, 1989 made by Andreas in favor of City, Canyon's execution and
delivery of this Agreement.
NOW THEREFORE, IT IS AGREED, by and between the parties hereto as follows:
1. Canyon, at its sole cost and expense, shall construct and install,
but only on the parcels of land acquired from Andreas, the street, drainage,
domestic water, sanitary sewer and other improvements required to be
constructed or agreed to be constructed as a condition precedent to the
approval of said final map and acceptance of such streets and easements, as
shown on the "Improvement Plans for Tract No. 18087", a copy of which is now
on file in the office of the City Engineer of the City and which is referred
to and incorporated herein as though set forth in full.
2. To assure faithful performance of said Agreement, Canyon is held and
firmly bound unto the City of Palm Springs, in the sum of $277,844 lawful
money of the United States for the payment of which Canyon binds itself and
its successors and assigns.
3. To assure payment of the cost of the labor and materials for the
improvements to be constructed or installed hereby, claims to which reference
is made in Title 15 (commencing with Section 3082) of Part IV of Division 3 of
the Civil Code of the State of California, Canyon is held and firmly bound
unto the City of Palm Springs and all contractors, subcontractors, of said
Agreement and referred to the aforesaid Code of Civil Procedure in the sum of
$138,922 lawful money of the United States for the payment of which Canyon
binds itself and its successors and assigns for materials furnished or labor
therein of any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor.
4. In accordance with the terms of said subdivision regulations
aforesaid, to assure full payments to all contractors, their subcontractors
and to persons renting the equipment or furnishing labor or materials for the
setting of survey monuments, Canyon is held and firmly bound unto the City of
JCAN0012 - 1 -
Palm Springs, in the sum of $6,825 lawful money of the United States for the
payment of which Canyon binds itself and its successors and assigns.
5. The Liability of Canyon under Paragraphs 2 through 4 inclusive of
this Agreement shall be satisfied and the Deed of Trust released upon the
earlier to occur of: (1) the formation of an assessment district to complete
the improvements to be completed under the Agreement, (2) the date upon which
the present residential Lots are superseded by a Larger tract map or the
subject property reverts back to a single lot through a lot Line adjustment or
other appropriate means, or (3) acceptance by the City of the improvements
required to be completed under the Agreement and the furnishing of a
maintenance bond, or other security satisfactory to the City at the time of
acceptance in the amount of $41;,676. Said maintenance bond or security shall
remain in effect for a period of one year from date of acceptance of the
improvements.
6. As security for the aggregate Liability of Canyon under Paragraphs
2, 3, 4 and 5 of this Agreement in the sum of $465,267, Canyon has executed
and delivered to the City of Palm Springs concurrently herewith a second
priority Deed of Trust in the form attached marked Attachment "A".
7. Before final approval of street improvements, Canyon will place
survey monuments in accordance with the provisions of the State Subdivision
Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on
the Tract Map.
Canyon, after setting the monuments, shall furnish the City Engineer of
the City of Palm Springs with written notice of the setting of said monuments
and written proof of having paid the engineer or surveyor for the setting of
said monuments, or as provided for in the Subdivision Map Act.
8. The City Engineer or his duly authorized representative, upon
written request of Canyon, shall inspect the improvements herein agreed to be
constructed and installed by Canyon, and, if determined to be in accordance
with the applicable City standards, shall recommend the acceptance of such
improvements by the City.
9. Canyon shall complete such improvement plans including any
corrections and revisions thereto necessary to comply with the applicable City
standards as determined by the City Engineer within thirty (30) days after
approval of the final map.
10. Canyon shall perform any changes or alterations in the construction
and installation of such improvements required by the City, provided that all
such changes or alterations do not exceed ten (10) percent of the original
total estimated cost of such improvements.
11. Canyon shall guarantee such improvements for a period of one year
following the completion by Canyon, and acceptance by City, against any
defective work or Labor done, or defective materials furnished, in the
performance of this Subdivision Improvement Agreement by Canyon and shall
repair or replace any such defective work or materials discovered during said
one year period.
12. Canyon shall commence the construction and installation of such
improvements within thirty (30) days from the approval of such "Improvements
Plans for Tract No. 18087" by the City Engineer, and shall complete such
construction and installations within nine (9) months from such date of
commencement.
13. In the event that Canyon fails to perform any obligation hereunder,
Canyon authorizes City to perform such obligation twenty (20) days after
mailing written Notice of Default to Canyon at the address given below, and
agrees to pay the entire cost of such performance by City.
14. In the event that Canyon fails to perform any obligation hereunder,
Canyon agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, including costs of suit and reasonable
attorneys' fees.
15. Canyon hereby binds itself, its executors, administrators and
assigns, and agrees to indemnify, defend, and hold the City harmless from any
JCAN0012 - 2 -
losses, claims, demands, actions or causes of action of any nature whatsoever,
arising out of or in any way connected with the improvements agreed to be
constructed and installed hereunder by Canyon, including costs of suit and
reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
Canyon Development, a California
General Partnership
By: Adler Canyon Properties, Inc. ,
a California corporation, as
general partner
Title:
By: Harley Palm Springs, L.P. , a
California limited partnership,
as general partner
By: Harley Tidal Company USA
Limited„ a California
corp�o a ikon
By: —a?,
Kdh�-Shih, Secretary
By: IBS Development Co���T,potation,
a Calif rnia cor ration
By:
K dh 81iih, President
Address: 2250 Summitridge Drive
Beverly Hills, CA 90210
ATTEST CITY�OF PALM SPRING CALIFORNIA
Manager
i
REVIEWED AND APPROVED:
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
On this 29thday of October, 1990, before me, the undersigned, a
Notary Public in and for said State, personally appeared
Brian Adler , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the President of Adler
Canyon Properties, Inc. , a California corporation, the corporation that
executed the within instrument, and personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed the within
instrument on behalf of said corporation, said corporation being personally
known to me (or proved to me on the basis of satisfactory evidence) to be one
of the general partners of Canyon Development, a California general partner-
ship, the partnership that executed the within instrument and acknowledged to
me that such corporation executed the same as such partner and that such
partnership executed the same.
WITNESS my hand and official seal.
LOS NG LS C�OUNY Notary Public in and for said State
My Gom%sslon Expires
Jury 29, 1994
JCAN0012 - 3 -
STATE OF CALIFORNIA )
as.
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the undersigned, a
Notary Public in and for said State, personally appeared Keh Shih, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of Harley Tidal Company USA Limited, a California corporation, a
corporation being known to me (or proved to me on the basis of satisfactory
evidence) to be one of the general partners of Harley Palm Springs, L.P. , a
California limited partnership, the limited partnership that executed the
within instrument, and acknowledged to me that said corporation executed the
same as such general partner and that said limited partnership first above
named executed the same as a general partner of Canyon Development, a
California general partnership, and that said Last named Partnership executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
PAULETTE SCHLEIMER
,, Nofcry Publlc•Califomla
LOS ANGELE5 COUNTY Notary Public in and for said State
''a'�rJ ., .*•n h1y, Carroril�ian Expkee
,Tiny 29. L94A
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the undersigned, a
Notary Public in and for said State, personally appeared Keh Shih, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
President of IBS Development Corporation, a California corporation, a
corporation being known to me (or proved to me on the basis of satisfactory
evidence) to be one of the general partners of Harley Palm Springs, L.P. , a
California limited partnership, the limited partnership that executed the
within instrument, and acknowledged to me that said corporation executed the
same as such general partner and that said limited partnership first above
named executed the same as a general partner of Canyon Development, a
California general partnership, and that said last named Partnership executed
the same.
WITNESS my hand and official seal.
.�^r":�, OFFICIAL SEAL
o'',' PAULETTE gCHLEIMER
g. P01C CdHamia COUNTY
LMM Notary Public in and for said State
� l
JCAN0012 - 4 -
1JUA i
r*
a
0
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT is made this 1st day of
November, 1990, by and between CANYON DEVELOPMENT, a California
general partnership, hereinafter referred to as "Canyon" , and
CITY OF PALM SPRINGS, a municipal corporation of the State of
California, hereinafter referred to as "City" , with regard to the
following facts:
R E C I T A L S
WHEREAS, Andreas Investment Associates, a California general
partnership, hereinafter referred to as "Andreas" , prepared and
filed a final subdivision map of Tract No. 18087 in the City of
Palm Springs, County of Riverside ( the "Property" ) , for approval
by City; and
WHEREAS, the Property is presently zoned W-R-1-B;
WHEREAS, Section 9220 . 01 A. 2. of the City of Palm Springs
Zoning Ordinance provides for the approval of a development in a
zone district which has a "W" prefix, provided that certain
conditions are complied with;
WHEREAS, as a condition precedent to the approval of said
map by City, Andreas was required to execute a Hold Harmless
Agreement in favor of City releasing the City from any liability
incurred by flood waters;
WHEREAS, Canyon has agreed to purchase from Andreas, and
Andreas has agreed to sell to Canyon, a portion of the Property,
such portion being described on Exhibit "A" attached hereto ( the
"Acquired Parcel" ) ; and
WHEREAS, as part of the terms of such purchase and sale
transaction, City has agreed to accept, in lieu of the Hold
Harmless Agreement made by Andreas in favor of City with respect "
to the Acquired Parcel, Canyon ' s execution and delivery of this
Agreement.
NOW THEREFORE, IT IS AGREED by and between the parties here-
to as follows:
1. Hold Harmless and Indemnification of City. Canyon
hereby agrees, for itself, its successors, heirs and assigns,
that it shall indemnify and. hold City harmless from any and all
liability, claims, demands, damages or costs, including reason-
able attorneys ' fees, arising from any and all damage or injuries
occurring on or to the Acquired Parcel, as a result of flood
waters . Canyon further agrees that it will not, nor will any of
them, from and after the effective date hereof, sue, prosecute,
molest or trouble City in respect to or on account of any damage
or injury resulting from the impact of flood waters on the
Acquired Parcel.
2 . Term of Hold Harmless. Canyon and City agree that this
Agreement shall remain in effect until such time as the Acquired
Parcel is no longer classified as a fringe area of the 100-year
event, which reclassification shall occur automatically following
L0503
recognition and incorporation in the City' s Flood Insurance Rate
Maps by the Federal Emergency Management Agency.
IN WITNESS WHEREOF, the parties hereto have executed this
Hold Harmless Agreement as of the day and year first above
written.
Canyon Development, a California
General Partnership
By: Adler Canyon Properties, Inc. ,
a California corporation, as
general partner
Title:_
By: Harley Palm Springs, L.P. , a
California limited partnership,
as general partner
By: Harley Tidal Company USA
Limited,! a California
corporation
1 � >
By:
Keh Shih, Secretary
By: IBS Development Corporation,
a California corporation
By:
Keh hih, President
Address : 2250 Summitridge Drive
Beverly Hills, CA 90210
ATTEST: r CITY OF PALM SPRINGS, CALIFORNIA
BY:
Cfity Clerk Acting city Manager
REVIEWED AND APPROVED:
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
On this 29th day of October, 1990, before me, the under-
signed, a Notary Public in and for said State, personally
appeared Brian Adler ,
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the President of Adler
Canyon Properties, Inc. , a California corporation, the corpora-
tion that executed the within instrument, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be
the person who executed the within instrument on behalf of said
corporation, said corporation being personally known to me ( or
proved to me on the basis of satisfactory evidence) to be one of
the general partners of Canyon Development, a California general
partnership, the partnership that executed the within instrument
and acknowledged to me that: such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal .
� d lltamla CLLLJ( /��2Xyy �
SCOUNTY Notary Public in and for said State
Ex0es
1994
L0503 - 2 -
STATE OF CALIFORNIA )
ss .
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Secretary of Harley
Tidal Company USA Limited, a California corporation, a corpora-
tion being known to me (or proved to me on the basis of satis-
factory evidence) to be one of the general partners of Harley
Palm Springs, L.P. , a California limited partnership, the limited
partnership that executed the within instrument, and acknowledged
to me that said corporation executed the same as such general
partner and that said limited partnership first above named
executed the same as a general partner of Canyon Development, a
California general partnership, and that said last named Partner-
ship executed the same.
WITNESS my hand and official seal .
OFFICIAL SEAL )
AUMM� EP
S COUNTY
PubdCCditornla WGELES cl,urvn Y Mir(.`♦�ifMT9 an Expires p4otar Public in and for said State bl
4 29. 1994
STATE OF CALIFORNIA ;I
;I ss .
COUNTY OF LOS ANGELES ;I
On this 29th day of October , 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the President of
IBS Development Corporation, a California corporation, a
corporation being known to me (or proved to me on the basis of
satisfactory evidence) to be one of the general partners of
Harley Palm Springs, L.P. , a California limited partnership, the
limited partnership that executed the within instrument, and
acknowledged to me that said corporation executed the same as
such general partner and that said limited partnership first
above named executed the same as a general partner of Canyon
Development, a California general partnership, and that said last
named Partnership executed the same.
WITNESS my hand and official seal.
U
Notary Public in and for said State
L0503 - 3 -
;�.;:-..
��;�_��,
t,��r � ��
�i�,% `
EXHIBIT "A"
"Acquired Parcel"
Lots 41 through 50 , inclusive, and Lettered Lots F
and G of Tract 18087, as shown by Map on file in Book
211, page 81 through E19, of Maps, and as shown by
Amended Map on file in Book 216, page 32 through 40 ,
Records of Riverside County, California.
L0503 - 4 -
SITEWAIPT TITLE
COMPANY OF RIVERSIDE COUNTY
74-075EL PASEO,SUITS G_5--� PALM DESERT, CALIFORNIA 92260
15E LEPNONE: (679) 568-1874
,Sanctity of Contract
Mr. Ernie Blevins
CITY OF PALM SPRINGS - BUILDING DEPARTMENT
3200 E. TAHQUITZ Canyon Way Tana, 5 ,19 q(
Palm Springs, CA '
Escrow No. 01214252
Dear Mr. Blevins: M
p Loan No. to Canyon Develooment�
JAN Q 9 1996 Brian Adler, and
Borrower: Joseph Solomon
PIUBLIC WORKS
ADMINISTRATION
GENTLEMEN:
An Escrow has been opened in this office wherein you are listed as the holder
of a Note and Deed of Trust covering the following described property:
This loan is to be paid in full through the above escrow.
The buyers are assuming the unpaid balance of this note.
It is requested that bbfs office be furnished with a beneficiary
statement covering the above loan and the fire insurance policy for
transfer, including any forms you may require
eeinin c ,,neection with Federal
Reserve Regulation � h-Tir,G-e^�c.c��' �/l�C��i�
xx It is requested tha w e furnls ed with t e origins note original
trust deed, signed request for full reconveyance, your d nd for th
balance due on this note and the fire insurance policy for transfer.
_ _It is requested that you forward the original note, original deed of
trust, signed request for full reconveyance and your demand for the
balance due on the note direct to:
Stewart Title Company, Riverside office
Reference Order No. 123243-11 Attention: Norman Burdick
and furnish this office with a copy of your demand and the fire
insurance policy for transfer.
Thank you for assisting us to comply with our escrow instructions.
Very truly yours Ernie, please indicate on your demand letter that you are
providing us with the original note and deed of 'trust with the request
r full reconveyance on the reverse of the deed of trust (executed by
STEWAR IT C ANY the City and NOTARIZED) and that NO FUNDS ARE REQUIRED BY THE
CITY-OF PALM SPRINGS FOR THE EXECUTION OF THE REQUEST FOR FULL
i, CONVEYANCE. THANKS, AND IF YOU HAVE QUESTIONS, PLEASE CALL ME.
B TTY K B , BR MGR ST-"'
n
STEWART TITLE OF THE INLAND EMPIRE
PRELIMINARY TITLE REPORT
YOUR NO. CANYON DEVELOPMENT OUR NO. 124243-11
ATTN: .TOE SOLOMON
CANYON DEVELOPMENT
2850 S. PALM CANYON DR.
PALM SPRINGS, CA.
PRELIM ISSUE DATE: DECEMBER 19, 1995
PLANT DATE: DECEMBER 11, 1995, 7: 30 A.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, STEWART TITLE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE
TO BE ISSUED, AS OF THE DATE HEREOF, A STEWART TITLE GUARANTY COMPANY 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 SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS
SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ VERY CAREFULLY THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH AS ATTACHED. THE EXCEPTIONS AND EXCLUSIONS
ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER
THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT
IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,
DEFECTS AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR
THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO
LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR
TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, R OR
DE COMMITMENT SHOULD
BE REQUESTED.
NORM BURDICK
TITLE OFFICER
3403 TENTH ST. SUITE 400, RIVERSIDE, CA 92501
(909) 276-2700
MEMBER CALIFORNI.A LAND TITLE ASSOCIATION
-- SPECIAL NOTICE --
California Insurance Code Section 12413.1 regulates the disbursement of escrow
and sub-escrow funds by title companies. Funds received by Stewart Title of
the Inland Empire via wire transfer may be disbursed upon receipt. Funds
received via cashiers checks or teller checks may disbursed on the next
business day after the day of deposit. If funds including shortage checks are
disbursed to this company other than by tellers check, cashiers check, wire
transfer or cash, disbursements and/or closing will be delayed 3 to 7 business
days. If you have any questions concerning recordings, deposits and/or
disbursements of escrow or sub-escrow funds, you should contact your title
officer or escrow officer.
An outgoing wire transfer will not be authorized by Stewart Title until we have
confirmation of our recording and one of the following:
A. We have confirmation of the respective incoming wire.
B. Collection of a deposited check.
-- WIRING INFORMATION --
If you anticipate having funds wired to Stewart Title of the Inland Empire our
wiring information is as follows:
First Interstate Bank
3750 University Ave.
Riverside, CA 92501
(909) 782-2601
ABA 122000218
Account #200658356
REF: (Title Order Number)"
"When instructing the financial institution to wire funds, it is very important
that you reference Stewart Title's order number.
Should you have any questions in this regard please contact your Title Officer
immediately.
124243-11
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS:
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (X)
5 . SUBDIVISION GUARANTEE/PARCEL MAP GUARANTEE
SCHEDULE A
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE,
AS TO PARCELS 1, 2, 3, 4, 5
AN EASEMENT,
AS TO PARCEL 6
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CANYON DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP
124243-11
SCHEDULE A (CONTINUED)
THE LAND REFERRED TO HEREIN I:S SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT(S) 41 THROUGH 50, INCLUSIVE, AND LETTERED LOTS F AND G OF
TRACT 18087, AS SHOWN BY MAP ON FILE IN BOOK 211 PAGE(S) 81
THROUGH 89, OF MAPS, AND AS SHOWN BY AMENDED MAP ON FILE IN BOOK
216 PAGES 32 THROUGH 40, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2 :
LOT(S) 2 TO 63, INCLUSIVE, OF TRACT 12848, AS SHOWN BY MAP ON
FILE IN BOOK 124 PAGE(S) 1, 2, 3 AND 4, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 3 :
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
EXCEPTING THEREFROM THE SOUTH 38 FEET OF THE WEST 100 FEET
THEREOF AS CONVEYED TO THE PALM SPRINGS WATER CO. , BY DEED
RECORDED FEBRUARY 2, 1967 AS INSTRUMENT NO. 9239 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, C:ALIFORNIA.
PARCEL 4:
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
PARCEL 5 :
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 35, TOWNSHIPP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
PARCEL 6 :
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A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND
SEWER PURPOSES OVER THE EAST 20 FEET; AND ALSO, THE NORTH 20
FEET, (EXCEPT THE WESTERLY 100 FEET OF SAID NORTH 20 FEET) OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN.
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SCHEDULE B
AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD
BE AS FOLLOWS:
A. GENERAL AND SPECIAL CITY AND/OR COUNTY TAXES FOR THE FISCAL
YEAR 1995-1996:
TOTAL AMOUNT: $165,900 . 48
FIRST INSTALLMENT: $82,950 . 24 UNPAID, DELINQUENT
PENALTY: $8,295. 07
SECOND INSTALLMENT: $82,950. 24 UNPAID
CODE AND PARCEL NO: (VARIOUS)
EXEMPTION: NONE
B. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS
OR NOTICES FILED BY SAID DISTRICTS. SAID ASSESSMENTS ARE
COLLECTED WITH THE COUNTY TAXES.
C. A RESOLUTION ESTABLISHING I4ATERSHED BENEFIT ASSESSMENT AREAS
WHICH PROVIDES FOR THE ISSUING OF BONDS AND THE LEVYING OF A
SPECIAL TAX TO PAY THE INTEREST AND PRINCIPAL PAYMENTS ON SUCH
BONDS UPON THE HEREIN DESCRIBED PROPERTY, RECORDED JUNE 10, 1991
AS INSTRUMENT NOS. 193749, 19:3750 AND 193751 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FURTHER AND OTHER
PARTICULARS .
THE INSTALLMENTS THEREUNDER BEING PAYABLE ANNUALLY WITH THE
REAL PROPERTY TAXES.
D. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3 . 5 , COMMENCING WITH SECTION 75 OF
REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
2 . RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF SAID LAND,
LYING WITHIN ANY LAWFUL ESTABLISHED STREETS, ROADS, OR HIGHWAYS.
3 . EASEMENT FOR ELECTRIC DISTRIBUTION LINE RIGHT OF WAY 10 FEET
IN WIDTH, APPROVED FEBRUARY 11, 1955, FOR A PERIOD OF 50 YEARS,
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IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF FEBRUARY 5, 1948
(62 STAT. 17) , IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY, A
CORPORATION, OVER AND ACROSS THE WEST HALF SOUTHWEST QUARTER
SOUTHWEST QUARTER OF SECTION 35, AS MORE PARTICULARLY DESCRIBED
IN DOCUMENT ON FILE IN THE OFFICE OF THE BUREAU OF INDIAN
AFFAIRS UNDER NUMBER 15263-54. (SAID MATTER AFFECTS PARCEL 2)
4. AN EASEMENT FOR STREET AND HIGHWAYS, FOR PUBLIC UTILITY
INSTALLATION, AND INCIDENTAL :PURPOSES, IN FAVOR OF THE CITY OF
PALM SPRINGS, IN INSTRUMENT RECORDED AUGUST 13, 1964 AS
INSTRUMENT NO. 99693 OF OFFICIAL RECORDS. SAID EASEMENT IS
DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET OF PARCEL 5.
5 . AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES, IN
FAVOR OF CALIFORNIA WATER AND TELEPHONE COMPANY, A CORPORATION,
IN INSTRUMENT RECORDED JULY 9„ 1965 AS INSTRUMENT NO. 79470 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: THE
WESTERLY 6 FEET OF PARCEL 3 .
6 . AN EASEMENT FOR UNDERGROUND SEWER, AND INCIDENTAL PURPOSES,
IN FAVOR OF THE CITY OF PALM SPRINGS, IN INSTRUMENT RECORDED
JANUARY 5, 1966 AS INSTRUMENT NO. 1440 OF OFFICIAL RECORDS. SAID
EASEMENT IS DESCRIBED AS FOLLOWS: THE EASTERLY 15 FEET OF
PARCEL 5 .
7. AN EASEMENT FOR SEWER, AND INCIDENTAL PURPOSES, IN FAVOR OF
THE CITY OF PALM SPRINGS, IN INSTRUMENT RECORDED JANUARY 5, 1966
AS INSTRUMENT NO. 1441 OF OFFICIAL RECORDS. SAID EASEMENT IS
DESCRIBED AS FOLLOWS: THE EASTERLY 15 FEET OF PARCEL 4.
8 . AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF GEORGE W. ABERNATHY, IN
INSTRUMENT RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67569 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE EAST 20 FEET, AND ALSO, THE SOUTH 20 FEET, EXCEPT THE
WESTERLY 100 FEET OF THE SOUTH 20 FEET OF PARCEL 3 .
9. AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF EDWARD FURER, IN INSTRUMENT
RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67570 OF OFFICIAL
RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE EAST
20 FEET, AND ALSO, THE SOUTH 20 FEET, EXCEPT THE WESTERLY 100
FEET OF THE SOUTH 20 FEET OF PARCEL 3.
10 . AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES,
IN FAVOR OF EDWARD FURER, IN INSTRUMENT RECORDED AUGUST 3, 1967
AS INSTRUMENT NO. 67571 OF OFFICIAL RECORDS. SAID EASEMENT IS
DESCRIBED AS FOLLOWS: ALONG THE WEST 20 FEET, AND ALSO, THE
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SOUTH 20 FEET OF PARCEL 4 .
11. AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF MARVIN WHITEMAN, IN INSTRUMENT
RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67572 OF OFFICIAL
RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE WEST
20 FEET, AND ALSO, THE SOUTH 20 FEET OF PARCEL 4.
12 . AN EASEMENT FOR PUBLIC U`.CILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF GEORGE W. ABERNATHY, IN
INSTRUMENT RECORDED AUGUST 3,, 1967 AS INSTRUMENT NO. 67575 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE WEST 20 FEET, AND THE NORTH 20 FEET OF PARCEL 5.
13 . AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF MARVIN WHITEMAN, IN INSTRUMENT
RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67576 OF OFFICIAL
RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE WEST
20 FEET, AND THE NORTH 20 FEET OF PARCEL 3 .
14. AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR. OF EDWARD FURER, IN INSTRUMENT
RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67577 OF OFFICIAL
RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE WEST
20 FEET, AND THE NORTH 20 FEET OF PARCEL 5.
15. AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF ANNA LOPIZICH, IN INSTRUMENT
RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67579 OF OFFICIAL
RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE WEST
20 FEET, AND ALSO, THE SOUTH 20 FEET OF PARCEL 4 .
16 . AN EASEMENT FOR PUBLIC UTILITIES, ROADWAYS AND SEWER, AND
INCIDENTAL PURPOSES, IN FAVOR OF ANNA LOPIZICH, IN INSTRUMENT
RECORDED AUGUST 3, 1967 AS INSTRUMENT NO. 67580 OF OFFICIAL
RECORDS . SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE EAST
20 FEET, AND ALSO, THE SOUTH :20 FEET, EXCEPT THE WESTERLY 100
FEET OF THE SOUTH 20 FEET OF PARCEL 3 .
17 . AN EASEMENT FOR PIPELINES„ AND INCIDENTAL PURPOSES, IN FAVOR
OF DESERT WATER AGENCY, A PUBLIC AGENCY, IN INSTRUMENT RECORDED
MAY 21, 1969 AS INSTRUMENT NO, 50064 OF OFFICIAL RECORDS. SAID
EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE WESTERLY 20 FEET AND
THE NORTHERLY 20 FEET OF PARCEL 5 .
18 . AN EASEMENT FOR PIPELINES, AND INCIDENTAL PURPOSES, IN FAVOR
OF DESERT WATER AGENCY, A PUBLIC AGENCY, IN INSTRUMENT RECORDED
MAY 21, 1969 AS INSTRUMENT NO. 50065 OF OFFICIAL RECORDS. SAID
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EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE EASTERLY 20 FEET AND
THE SOUTHERLY 20 FEET OF PARCEL 3.
19 . AN EASEMENT FOR PIPELINES, AND INCIDENTAL PURPOSES, IN FAVOR
OF DESERT WATER AGENCY, A PU13LIC AGENCY, IN INSTRUMENT RECORDED
AUGUST 13 , 1969 AS INSTRUMEN`.0 NO. 82975 OF OFFICIAL RECORDS.
SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE WESTERLY 20
FEET OF THE SOUTHERLY 20 FEET OF PARCEL 4.
20 . EASEMENT FOR ELECTRIC DISTRIBUTION LINE RIGHT OF WAY 10 FEET
IN WIDTH, APPROVED MAY 14, 1970, IN ACCORDANCE WITH THE
PROVISIONS OF THE ACT OF FEBRUARY 5, 1948 (62 STAT. 17) , IN
FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER
AND ACROSS THE WEST HALF SOUTHWEST QUARTER SOUTHWEST QUARTER OF
SECTION 35, AS MORE PARTICULARLY DESCRIBED IN DOCUMENT RECORDED
IN THE OFFICE OF THE BUREAU OF INDIAN AFFAIRS UNDER NUMBER
584-703 . (SAID MATTER AFFECTS PARCEL 2)
21. AN EASEMENT FOR EGRESS, INGRESS AND UNDERGROUND UTILITIES,
AND INCIDENTAL PURPOSES, IN FAVOR OF EDWARD PURER, IN INSTRUMENT
RECORDED APRIL 26, 1974 AS INSTRUMENT NO. 49448 OF OFFICIAL
RECORDS . SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE SOUTH
20 FEET AND THE EAST 20 FEET OF PARCEL 3 .
22. AN EASEMENT FOR EGRESS, INGRESS AND UNDERGROUND UTILITIES,
AND INCIDENTAL PURPOSES, IN FAVOR OF GEORGE WILLIAM ABERNATHY,
IN INSTRUMENT RECORDED APRIL -4, 1974 AS INSTRUMENT NO. 39048 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE SOUTH 20 FEET AND THE EAST 20 FEET OF PARCEL 3 .
23 . AN EASEMENT FOR EGRESS, INGRESS AND UNDERGROUND UTILITIES,
AND INCIDENTAL PURPOSES, IN FAVOR OF ANNA LOPIZICH, IN
INSTRUMENT RECORDED APRIL 15, 1974 AS INSTRUMENT NO. 43381 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE SOUTH 20 FEET AND THE EAST.' 20 FEET OF PARCEL 4.
24. AN EASEMENT FOR EGRESS, INGRESS AND UNDERGROUND UTILITIES,
AND INCIDENTAL PURPOSES, IN FAVOR OF ANNA LOPIZICH, IN
INSTRUMENT RECORDED APRIL 15, 1974 AS INSTRUMENT NO. 43382 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE SOUTH 20 FEET AND THE EAST 20 FEET OF PARCEL 3 .
25 . AN EASEMENT FOR EGRESS, INGRESS AND UNDERGROUND UTILITIES,
AND INCIDENTAL PURPOSES, IN FAVOR OF EDWARD PURER, IN INSTRUMENT
RECORDED APRIL 26, 1974 AS INSTRUMENT NO. 49450 OF OFFICIAL
RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG THE NORTH
20 FEET AND THE WEST 20 FEET OF PARCEL 5 .
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26 . AN EASEMENT FOR UTILITIES, AND INCIDENTAL PURPOSES, IN FAVOR
OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, IN
INSTRUMENT RECORDED MAY 29 , 1.974 AS INSTRUMENT NO. 64905 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE SOUTHERLY 10 FEET OF PARCEL 3 .
SAID EASEMENT PROVIDES THAT NO BUILDING, PLANTER BOXES, EARTH
FILL OR OTHER STRUCTURE EXCEPT WALLS AND FENCES SHALL BE ERECTED
ON SAID EASEMENT.
27 . THE EFFECT OF A RECORD OF SURVEY ON FILE IN BOOK 77 PAGE 53 ,
OF RECORDS OF SURVEY, WHICH PURPORTS TO SHOW THE HEREIN
DESCRIBED PROPERTY. AMONG OTHER THINGS, SAID RECORD OF SURVEY
DISCLOSES PALM CANYON WASH OVER A PORTION OF PARCEL 3 OF SAID
LAND.
28. THE EFFECT OF A HOLD HARMLESS AGREEMENT AND COVENANT NOT TO
SUE (CONCERNING CONSTRUCTION OF RESIDENCE IN AREA SUBJECT TO
SPECIAL FLOOD HAZARD) , EXECUTED BY JACK NEEDLEMAN AND ANNETTE
NEEDLEMAN, DATED DECEMBER 19 , 1977 , RECORDED JANUARY 3, 1978 AS
INSTRUMENT NO. 516 OF OFFICIAI; RECORDS.
29 . AN EASEMENT FOR SEWER, WATER STORM DRAIN AND PUBLIC UTILITY,
AND INCIDENTAL PURPOSES, IN FAVOR OF THE CITY OF PALM SPRIGNS,
IN INSTRUMENT RECORDED JUNE 20, 1980 AS INSTRUMENT NO. 113454 OF
OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: ALONG
THE NORTHERLY 30 FEET OF LOTS 8 AND 9 , AS SHOWN ON MAP OF SAID
TRACT. (SAID MATTER AFFECTS PARCEL 2)
30 . AN EASEMENT FOR DRAINAGE, AND INCIDENTAL PURPOSES, AS SHOWN
ON THE MAP OF SAID TRACT. (SAID MATTER AFFECTS PARCEL 2 )
31. AN EASEMENT FOR FLOOD CONTROL PURPOSES OVER AND ACROSS THE
FOLLOWING DESCRIBED PORTION OF SAID PROPERTY, AND INCIDENTAL
PURPOSES, IN FAVOR OF THE CITY OF PALM SPRINGS, AS CONVEYED BY
THAT CERTAIN FINAL ORDER OF CONDEMNATION, RECORDED NOVEMBER 4,
1985 AS INSTRUMENT NO. 248490 OF OFFICIAL RECORDS . SAID EASEMENT
IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE
4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM
SPRINGS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 0 DEG 01 ' 13" EAST ALONG THE EAST LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 30 FEET
TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A POINT ON A
LINE THAT IS PARALLEL WITH AND 30 FEET NORTHERLY OF THE
SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE SOUTH 89 DEG 43 ' 44" WEST ALONG SAID PARALLEL
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LINE, A DISTANCE OF 94.72 FEET TO A POINT ON THE ARC OF A
NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
3,256 . 28 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS
NORTH 69 DEG 28 ' 31" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 4 DEG 19 ' 32" A DISTANCE OF
245 . 83 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SOUTH 0 DEG O1 '13" WEST ALONG SAID
EAST LINE, A DISTANCE OF 226 „ 31 FEET TO THE TRUE POINT OF
BEGINNING.
32. AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THE FOLLOWING
DESCRIBED PORTION OF SAID PROPERTY, AND INCIDENTAL PURPOSES, IN
FAVOR OF THE CITY OF PALM SPRINGS, AS CONVEYED BY THAT CERTAIN
FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 4, 1985 AS
INSTRUMENT NO. 248490 OF OFFICIAL RECORDS. SAID EASEMENT IS
DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4
EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM
SPRINGS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 0 DEG O1 ' 13" EAST ALONG THE EAST LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 30
FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 30 FEET
NORTHERLY OF THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SOUTH 89 DEG 43 ' 44" WEST ALONG SAID
PARALLEL LINE, A DISTANCE OF 94. 72 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING MOUTH 89 DEG 43 ' 44" WEST ALONG SAID
PARALLEL LINE, A DISTANCE OF 53 . 42 FEET TO A POINT ON THE ARC
OF A NON-TANGENT CURVE CONCAVE; SOUTHEASTERLY HAVING A RADIUS OF
3,306. 28 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS
NORTH 69 DEG 48 ' 14" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 DEG 27155" A DISTANCE
OF 373 . 08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER, A RADIAL LINE PASSING THROUGH
SAID POINT BEARS NORTH 63 DEG 20 ' 19" WEST; THENCE SOUTH 0 DEG
O1 ' 13" WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 115. 13 FEET
TO A POINT OF INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 3,256 . 28 FEET, A RADIAL
LINE PASSING THROUGH SAID POINT BEARS NORTH 65 DEG 08 ' 59" WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE: OF 4 DEG 19 ' 32" A DISTANCE OF 245 . 83 FEET TO THE
POINT OF BEGINNING.
33 . AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES,
AS SHOWN ON THE MAP OF SAID TRACT. (SAID MATTER AFFECTS PARCEL
1)
34. AN EASEMENT FOR SEWERS, AND INCIDENTAL PURPOSES, AS SHOWN ON
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THE MAP OF SAID TRACT. SAID EASEMENT IS DESCRIBED AS FOLLOWS:
AFFECTS THE NORTHWESTERLY 10 FEET OF LOTS 49 AND 50 AND THE
SOUTHWESTERLY 10 FEET OF LOT 44 . (SAID MATTER AFFECTS PARCEL 1)
35 . THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED NOTICE OF
COVENANT, DATED MARCH 12, 1990 BY AND BETWEEN STICH ASSOCIATES
OF CALIFORNIA, A CALIFORNIA CORPORATION, AND CANYON DEVELOPMENT,
L.P. , A CALIFORNIA LIMITED PARTNERSHIP, UPON THE TERMS AND
CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED MARCH 15,
1990 AS INSTRUMENT NO. 93624 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS.
(SAID MATTER AFFECTS PARCEL 2)
36. THE EFFECT OF AN INSTRUMENT DECLARING SAID LAND TO BE WITHIN
THE CANYON REDEVELOPMENT PROJECT, RECORDED AUGUST 13, 1991 AS
INSTRUMENT NO. 277367 OF OFFICIAL RECORDS.
REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FURTHER AND OTHER
PARTICULARS .
37 . THE EFFECT OF A RECORD OF SURVEY ON FILE IN BOOK 93 PAGE 49,
OF RECORDS OF SURVEY, WHICH PURPORTS TO SHOW THE HEREIN
DESCRIBED PROPERTY.
38 . THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED DEVELOPMENT
AGREEMENT, DATED JUNE 3, 1994 BY AND BETWEEN THE CITY OF PALM
SPRINGS AND CANYON DEVELOPMENT, A CALIFORNIA GENERAL
PARTNERSHIP, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN
PROVIDED, RECORDED JUNE 9 , 1994 AS INSTRUMENT NO. 235613 OF
OFFICIAL RECORDS AND RE-RECORDED JULY 7, 1994 AS INSTRUMENT NO.
272557, OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID
INSTRUMENT FOR PARTICULARS.
39 . THE EFFECT OF AN INSTRUMENT ENTITLED "MEMORANDUM OF OWNERS
PARTICIPATION AGREEMENT" EXECUTED BY CANYON DEVELOPMENT, ET AL,
RECORDED SEPTEMBER 16 , 1994 AS INSTRUMENT NO. 357662 OF OFFICIAL
RECORDS.
40 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF, RECORDED JANUARY 25, 1995 AS INSTRUMENT NO. 23986 OF
OFFICIAL RECORDS:
DATED: JANUARY 24, 1995
TRUSTOR: CANYON DEVELOPMENT,
IA CALIFORNIA GENERAL PARTNERSHIP
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TRUSTEE: 1ST INDEPENDENT TRUST DEED SERVICES
BENEFICIARY: EDDIE L. ALI.EE AND LETA N. ALLEE,
CO-TRUSTEES OF THE ALLEE 1977 FAMILY TRUST
DATED JULY 1.4, 1977
AMOUNT: $700,000.00
(SAID MATTER AFFECTS PARCELS 3 THROUGH 6)
41 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF, RECORDED MARCH 24, 1995 AS INSTRUMENT NO. 90235 OF
OFFICIAL RECORDS:
DATED: MARCH 20, 1995
TRUSTOR: CANYON DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP
TRUSTEE: NATIONWIDE ESCROW COMPANY, INC. ,
A CALIFORNIA CORPORATION
BENEFICIARY: M&R INVESTMENTS, A WASHINGTON GENERAL
PARTNERSHIP, AS TO AN UNDIVIDED 46.41%
INTEREST; MELVYN HABER REVOCABLE TRUST U/T/D
DECEMBER 13, 1983, AS TO AN UNDIVIDED 27 .87%
INTEREST; LITWACK ENTERPRISES, INC.
RETIREMENT TRUST, AS TO AN UNDIVIDED 2. 79%
INTEREST; ROBERT KARGER, M.D. , INC. EMPLOYEE
PENSION TRUST FUNDS, AS TO AN UNDIVIDED 8 .13%
INTEREST; CHARLES GRENADIER, A MARRIED MAN,
AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN
UNDIVIDED 5 . 57% INTEREST; JEFFREY E.
FROMBERG, A MARRIED MAN, AS HIS SOLE AND
SEPARATE PROPERTY, AS TO AN UNDIVIDED 5. 05%
INTEREST; DREW WINKLER, DBA DW REAL ESTATE
INVESTMENT COMPANY, AS TO AN UNDIVIDED 4. 18%
INTEREST, ALL AS TENANTS IN COMMON
AMOUNT: $2,050 ,000 .00
42. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF, RECORDED NOVEMBER 1, 1990 AS INSTRUMENT NO. 401542 OF
OFFICIAL RECORDS:
DATED: NOVEMBER 1, 1990
TRUSTOR: CANYON DEVELOPMENT,
A CALIFORNIA GENERAL PARTNERSHIP
TRUSTEE: STEWART TITLE CO. , OF RIVERSIDE COUNTY,
A CALIFORNIA CORPORATION
BENEFICIARY: THE CITY OF PALM SPRINGS, CALIFORNIA
AMOUNT: $465, 267. 00
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THE LIEN OR CHARGE OF SAID DEED OF TRUST WAS SUBORDINATED TO
THE LIEN OR CHARGE OF THE DEED OF TRUST REFERRED TO IN ITEM NO.
41, BY AN AGREEMENT RECORDED MARCH 24, 1995 AS INSTRUMENT NO.
90233 OF OFFICIAL RECORDS.
(SAID MATTER AFFECTS PARCEL 1)
43 . A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT
REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY,
RECORDED MARCH 15, 1990 AS INSTRUMENT NO. 93625 OF OFFICIAL
RECORDS:
DATED: MARCH 12, 1990
TRUSTOR: CANYON DEVELOPMENT, L.P. ,
A CALIFORNIA LIMITED PARTNERSHIP
TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY: THE CITY OF PALM SPRINGS,
A MUNICIPAL CORPORATION
AMOUNT: FOR THE PURPOSE OF SECURING THE FAITHFUL PERFORMANCE BY
TRUSTOR AND THE PAYMENT OF THE: COST OF THE LABOR AND MATERIALS
FOR IMPROVEMENTS REQUIRED TO BE CONSTRUCTED BY TRUSTOR UNDER
THAT CERTAIN SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN TRUSTOR
AND THE CITY OF PALM SPRINGS DATED JANUARY 22, 1982, AS AMENDED
BY THREE AMENDMENTS.
THE LIEN OR CHARGE OF SAID DEED OF TRUST WAS SUBORDINATED TO
THE LIEN OR CHARGE OF THE DEED OF TRUST REFERRED TO IN ITEM NO.
41, BY AN AGREEMENT RECORDED MARCH 24, 1995 AS INSTRUMENT NO.
90234 OF OFFICIAL RECORDS.
(SAID MATTER AFFECTS PARCEL 2 )
44 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF, RECORDED APRIL 21, 1995 AS INSTRUMENT NO. 125770 OF
OFFICIAL RECORDS:
DATED: APRIL 12 , 1995
TRUSTOR: CANYON DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP
TRUSTEE: NATIONWIDE ESCROW COMPANY, INC. ,
A CALIFORNIA CORPORATION
BENEFICIARY: M & R INVESTMENTS, A WASHINGTON GENERAL
PARTNERSHIP, AS TO AN UNDIVIDED 66 . 5812%
INTEREST; LITWACK ENTERPRISES, INC. RETIREMENT
TRUST, AS TO AN UNDIVIDED 18 . 4126% INTEREST; EVE
E. FROMBERG, AN UNMARRIED WOMAN, AS TO AN
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UNDIVIDED 1.8412% INTEREST; NATHAN A. RABIN AND
BERNICE H. RABIN, HUSBAND AND WIFE AS JOINT
TENANTS, AS TO AN UNDIVIDED 7.3650% INTEREST;
DREW WINKLER, DBA DW REAL ESTATE INVESTMENT
COMPANY, AS TO AN UNDIVIDED 5.8000% INTEREST; ALL
AS TENANTS IN COMMON
AMOUNT: $630,000.00
(SAID MATTER AFFECTS PARCELS 3 THROUGH 6
INFORMATION NOTES:
1 . SHORT TERM RATE
2. OUR A.L.T.A. LENDERS POLICY, WHEN ISSUED, WILL CONTAIN
C.L.T.A. INDORSEMENT NO. 100 .
3 . ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS
CONVEYING THE PROPERTY HEREIN DESCRIBED IN THIS REPORT WITHIN A
PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT
AS FOLLOWS: NONE
-13-
m ,,u — ,n, enuuclary snall mean the owner and hmdm, mcludmg
yq ` `�` `tl°°" 4O pI d ees, of the note secured hereby, whether or not named as Bcneftcmrn
(8) That at any time or from time to time, without habdny therefor P,erefn. In this Deed. whenever the context so requires, the mas cu I gender
vtd without not]re, upon written re nest of Bene l mmq and pros e=Uon of Includes the feminine a d/or neuter, and the singular number Includes the
this Deed and said note for endorsement. an shout affecting the personal plural.
liability of any person for payment of lh ebtedness secured hereby, (14) That Trust opts this Trust when this Deed, duly executed and
Trustee may. reconvev any part of said pr, consent to the making of acknowledged, is ma iubHe record as provided by law. Trustee Is not
nay map or plat thereon loin in grand, `y asemamt thereon: or Join In obngated to notify any patty hereto of pending sale under any other Deed
any extension agreement or any agreement subordinating the lien or charge of Trust or
hereof of any action or proceeding In which Truster, Reneticiaq' or
Tr ee ust shell be a party unless brought h g y Tch.
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid.
/J rp
TO fetvarf ll. C.., o� Kiverdide County TRUSTEE. Dated
The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums
secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on pay-
ment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness,
secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust. and to recomm, without
warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same.
MAIL RECONVEYANCE TO:
By
By-- a`liftu11'm-
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures.Both mast be
delivered to the Trustee for cancellation before recunveyance will be made.
4xa r.
a C
D U)
ILL
O Q
� a w d
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uuo
da
ICOWLEDGMENT . _ _.. No.Sa
CALIFORNIA ALL-IPURPOSACKN - —,..
State of 4ejL_,6 L
County of K&ZA0-e,4e�
On �a before me,
O TE , NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared �F U ,zj
NAME(S)OF SIGNER(S)
personally known to me --OR---B-proved-to-me-on-the-basis-of-satisfactory evidence-
to be the person(,s'j whose name�g) Isere
subscribed to the within instrument and ac-
knowledged to me ttC leha she/they executed
the same in 1i th her/their authorized
capacity(les,) and that bye Lher/their
signaturegon the instrument the person(,41
ELAINEL.WEDEKIND l or the entity upon behalf of which the
' ,,��. COMM./1048857 a
= '';r '. Notary Public—California person(1s'� acted, executed the instrument.
~ RNEPoSIDE COUNTY
My Comm.Expires FEB 3,1999
WITNESS my hand and official seal.
0
IGNATUHE OF NOTARY
OP`fIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TrrLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: _
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmel Ave,P.O.Box 7184-Canoga Park,CA 91309-7184
I
MEMORANDUM
Date: January 19 , 1996
To: Judith sumich, City Clerk
V
From: David Barakian, City Engineer d91
Subject: Canyon Development - Request for full reconveyance on reverse
of deed of trust
Tract 18087, Lots 41 through 50 , inclusive, and lettered lots F and
G have been combined into in lot via Resolution No . 18645 Vacating
and ,Abandoning Avenida Marabella (Lot "F" ) and Marabella Circle
(Lot "G" ) dated July 5 , 1995 and recorded as Inst . No. 264744 on
Aug. 14 , 1995 and Lot Line Adjustment No. LLA 95-02 recorded as
Inst . No. 296644 on Sept . 8 , 1995 .
The Deed of Trust dated Nov. 1, 1990 and recorded as Inst . No.
401542 on Nov. 1, 1990 is security for the installation of
improvements on the above mentioned lots . The Deed of Trust is no
longer required as security for improvements, and therefore the
Subdivision Improvement Agreement No. 2921 is void, as TR 18087,
and the improvements required for it, have been nullified by the
above actions .
Please have the City Manager execute the Request for Reconveyance
and return it to Ernie Blevins . The attached copies are for your
records .
RECORDING REQUES lY
Bf WARx 7ITL r; G(�s f _C n O at `
D (�i �J N
y� AND WHEN RECORDED MAIL TO '•O /( 19(l0 4
�1, m
IYrV/t,'�t J y
Vq N.. rCity of Palm Springs comet v t Bev y
0 3200 E. Tahquitz Way F1UPMfNT W
Ae+r«. Palm Springs, CA 92262
an a
ttn: John Mangione _J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
o•i /SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS AND REQUEST FOR SPECIAL NOTICE '
This Deed of Trust, made this 1st dayof November, 1990 between
Canyon Development, a California general partnership
herein caged rausroa,
whose address v, 2250 Summitridge Drive, Beverly Hills, California 90210
pp e7 �7 (number and street) (city) (state) (zip)
Jl-wart Jill- Co., D/ Kivid ars - Ifounlry, a California corporation, herein called THU9TEE, and
the City of Palm Springs, California ,herein caged BENEFICIARY,
Witneaaeth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in
the City of Palm Springs, Riverside County, Califomia,described as:
(` Lots 41 through 50, inclusive:, and Lettered Lots F and G of Tract 18087,
(\i as shown by Map on file in Book 211, page 81 through 89, of Maps, and as
shown by Amended Map on file in Book 216, page 32 through 40, of Maps,
�p Records of Riverside. County, California.
The terms and conditions of that certain Subdivision Improvement Agreement
(the "Subdivision Improvement Agreement") between Trustor and Beneficiary
of even date herewith are incorporated in and made a part of this document
by this reference.
9tlitl heed of Mmt.nd its mad(1digsl_icm ate saxnl art sd Du1rr-0,e in klc it a !_y in a Deed I
That(fl NjA ber 1, 1990 in falu-ofhrhms nmst 3r#-Assolaiabes, a Uhl;frvT,;a Ow mil l. IbrhimTip,
,.
TOGETHER. t u rents;Issues 1,an pro is thereof, SUBJECT, HOWEVER,to the right,power and authority given to and conferred
upon Beneficiary by paragraph �10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits.
For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of
the indebtedness id - =---.�•1. a -------'
_ �+ -••'�r•�•�••^��v ...,.�.�. 1 -' '-j - itti:z-m the principal sum of
S 465,2_67* executed by Trustor in favor of Beneficiary or order. *pursuant to the Subdivision Improvement
g
To Protect the Security of This Deed of Trust,Trustor Agmes: By the A
e7f re eat ent
ecuhon and delivery of this Deed of Trust and the note
secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in the counties set forth below, and in the
book and at the page of Official Records in the office of the county recorder where said property is located, noted below opposite the name
of such county,viE.:
COUNTY DATE BOOK PAGE COUNTY DATE BOOK PACE COUNTY DATE BOOK PAGE COUNTY DATE BOOK PAGE
IMPERIAL 9/10/68 1267 574 ORANGE 9/6/68 87111 147 SAN BERNARDINO 9,16/68 7090 14 SANTA BARBARA 9,6.68 2244 922
KERN 9/6/68 4195 363 VENTURA 9/6/68 3363 84 SAN LUIS OBISPO 9/10/68 1489 429 11 LOS ANGELES 8/29.68 T 5910 842
RIVERSIDE 9/10/68 ACCOUNT =87097 YEAR 1968 SAN DIEGO 9/10/68 SERIES 9 BOOK 1968 PAGE 155820
(which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a
Part hereof as fully as though set forth herein at length; that he will observe and perform said provisions; and that the references to
Property, obligations, an&parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this
Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his
address bereinbefore set forth.
In accordance with Section 2924b, Civil Code, request is hereby made by the undersigned TRUSTOR that a copy of env Notice
of Default and a copy of any Notice of Sale under Deed of Trust recorded
in Book , Page , Official Records of County, California, as affecting
above described property, executed by
as Trustor in which
is named as Beneficiary, and _as Trustee.
be mailed to
whose address is
(Number and Street) (City) (State) (Zip)
STATE OF CALIFORNIA, ( Signature of Trustor
COUNTY OF— J SS.
On _,See attached signature page _
before me, the under•
signed, a Notary Public in and for said State, personally appeared --
--, knoum to me
to be the person_._whose.name subscribed to the within
instrument and acknowledged that___ _____executed the same.
WITNESS my hand and official seal.
Signature --- --------_----_ ,
------- —--------- -
Name (Typed nr Printed I _ - fhi�urea Gn �4�ul mdnnal•rnl�
Fui••.+ ;,..32 FOB I I I� -",1 .1 1!II tf�. tiller I I'll U UNINI'
DO NOT RECORD
The following Is a copy of provisions (1) to (14). Inclusive, of the futd- (9) That upon written request of Beneficiary stathir ghat all sums sec
tlous deed of trust recorded In each County In California, as stated In the weed hereby have been paid, and upon surrender of this 1]eed and said note
foregoing Deed of trust and Incorporated by reference In said Deed of Trust to Trustee for cancellation and retention and upon payment of Its fees.
as being a part thereof as If Yet forth at length therein. Trustee shall reconvey, without warranty, the property then held here.
+ under. The recitals In such reconveyance of any matters or facts shall be
To Protect the Securit of This Deed of Trust conclusive proof of the truthfulness thereof. The grantee In such reconvey-
r _ s once may be described as "the person or persons legally entitled thereto, '
Trustor Agrees: ' ` , Five years after Issuance of such full reconveyance. Trustee may destroy
said note and this Deed (unless directed In such request to retain them).
ll) To keep sold ropdrtr In good condition and torerepa p not to remove (Ie) That the assignment of the rents, Issue, and Droae of said prop-
ot danddemolish km nl kePm thereon; to complete h restore promptly and In
aged and st workmanlike on and
any building which may be constructed,dam- (iffy Is expressly intended to he truabsolute upon trthe rig default )or notice
aged or destroyed thereon antl to pay when due all claims for eating said prep-
fa fault,
indefault y trustee). , Indebt tresmr reserve the right prior to its dr-
ead mat(tcq li furnished terations to comply Impro with all laws model thereon.
said Prop- (swig r payment of am Indebtedness scoured hereby or in performance of
tote m requiring any alterations t arm or Improvements to fe made thereon: not any agreement hereunder to cplLect and obtain such rents, Issues and profits
to cloak or'penet waste tmi of , nut to ultimate suffer or permit any act as they become due and pays hie ❑pen :my each default it is theshall
r rnand
g it., smd o and d In l othern t law. to rota ale. ha Irrigate, fertilize, Iamb, Intention hen of the parties hereto that al' :tads, Issure aM prose shall t Pint,
pruj ty m and du all abler acts which trspe the character or use herein
sold troy hereby are assigned e,s secured
hi the bentn ,la r term[ ns shallPitt,
Dra m.,y inky bmeral unably necrssaq, the specific enumerations herein not, pro lul r, [n nhhgatlnry secured hereunder. Tod; oaslgnmeat she): not
exr lud,ng o general cure ul ,cone any n d :default noticr n[ default herrur tler.
"a n i ldc, Pita:main and dBentif to rv.The m [ire Insurance antis- I he Thal upon ae f any a re payment a tide mrcotrdness sec-
aartrrr to Arid ,iiVt suss pay polo In Benrl!i arv. The amount collected p under weed hereby n In Performance of mh agreement nrry under, le lh fic+aq may
any to or inner Insurancet,hereby
pal i may h^ ari Plied ne Blary ,)ay upon any declare all sums secured hereby {mmedm ter due an. pparable n of vra to
or
indebtedness secured hereby and I^such order as Benefld err may determine. Trustee of oripten declarationelection
o,'default and I, 5o (pr sale and rt wr,tten
er nr be ere as Urto Teary the a e- a lIcatn n r collected os env pa[t thereon noticr of Trustee
hand of to be fit to cause to Le ;o._ sxit pen,coy •e I:Ic!.
may be released [o Trustor. Such nPp er and r release snail not cute done
notice Trustee shall cause to be filed for record. Beneflaiary also shall deposit
wane any default ti notice of default hereunder or Invalidate any act tlone with Trustee flits Decd. sold note and all documents evidencing expenditures
pursuant to such not ire. I secured hereby,
lei To appear In and defend any action or proceeding Purportlnq hr� After the lapse of such time as may then be required by law following the
and the security hereof or the es,rig is iu ppewees o[ f evidence or relate.' recordation of said notice of default, and notice of sale having been green as
and to pay all costs tint, expenses, Including cost of evidence o[ ❑lie and
attorneyy a fees In a reasonable sum,In any such action or proceeding m which then required ulretl by law, Trustee. without Demand on Trustee, shall sell said
Beneflclery or Trustee may appear. and In any suit brought by Be tiefonary property at the time and F.
fixed by It In said nonce o[sale, either as a
to foreclose this Deed, whole or In separate parce.s.and In such order as;It may determine., at public
(4) To pay: at least ten days before delinquency all taxes and a,scss� auction to the highest bidder for cash In lawful money of the United States.
merits affecting said property. Including assessments on appurtenant uatvt payable at time of sale. Trustee may postpone sale o[ all or any Pprhan of
stock: when due. all incumbrances. charges and liens. with interest. on said said property by public announcement at such time and place of sale, and
property or any Dart thereof.which appear to be prior or superior hereto, all from time to time thereafter may postpone such sale by public announcement
costs. fees and expenses of this Trust. at the time fixed by the preceding postponement. Trustee shall delher to
Should Trustor fall to make any payment or to do any act as herein pro. s oft purchaser Its deed conveyingg the property so sold. but without any cote.
n vlded. then Beneficiary or Trustee, but without obligatio so to do and with- rant or warranty.express or fulfilled. he recitals In such deed of any matters
out notice to or demand upon rrustor and without releasing Trustor from, or facts shall be conclusive proof of the truthfulness thereof. Any person, in-
any obligation hereof,may: make or do the same In such manner and to such cluding Trustor, Trustee or Beneficiary sa hereinafter defined, may purchase
extent as either may deem necessary to protect the security hereof, Benefl-' at such sale.
clary or Trustee beingg authorized to enter upon said property for such pur-, After deducting all Lose, fees and expenses of Trustee and of this Trust.
pit appear In and tlefend any action or proceeding purporting to affect the Including cost of evidence of title In connection with sale, Trustee shall apply
security hereof or the rights or powers of Beneficiary or Trustee: pay, put. the proceeds of sale to payment of: all sums expended under the terms herv-
chase. contest or compromise any Incumbnnce. charge or lien which In the of. not then repaid, with accrued Interest at the amount allowed by law In
Judgment of either appears to be prior or superior hereto: and. In exercising effect at the date hereof: all other sums then secured lwivby: and the re
any such pewee, pay necessary expenses, employ counsel and pay his rea maunder. If any, to the person or persons legally entitled thereto
sortable fees. (12) Beneficiary.or any successor In ownership of any Indebtedness ser-
i51 To r Immediately and without demand all sums so expended tit ured hereby, may from tam. In time. by Instrument In writing, substitute a
allowed
or Trustee, with Interest from date of ayforlany et the amount successor or successors to any Trustee named herein or acting hereunder,
allowed by law In effect et the date a here. and ar ay for any statement pro. which Instrument. executed by the Beneficiary and duly acknowledged aid
hided a y law In effect at the date hereof iary of t the obligation secured
hereby any amount demanded when
the Beneficiary not mexceed the maximum property In the office a the recorder of the county er mantles inhere such
allowed by low at award
time wren said statement is demanded. property Is situated, shell be conclusive proof of proper conveyance
of such
(6) 'Phil any award of osaiddamages In connection with any condemnation' successor Trustee predecessor. Trustees, whp shall. without conveyance from the.
for publle use o[ l In Jury to B'11 ')roperty or any part thereof Is hereby Trustee rumntmusucceed to all le a of estate. tights, powers and duties.
assigned and shall be paid to Bene lc iary vho may a ph' or release such Said fici rumen[ must Contain the book
k a name of the on gs D Trounce, Trustee the
p Beneficiary hereunder,the book and page white this Deed Is recorded and the
moneys received by hint In the same manner and r other
the same effect as name and address of the new Trustee.
above provided for accepting
pa of proceeds of [ire or other Insurance
171 That by accepting payment of any sum secured hereby after Its due parties
That this Deed applies to, Inures to the benefit of. and bonds nil
dote. Beneficiary does not waive his ri or to)her to require prompt pre so tit assigns hereto, their help.legatees. mean
ow executors successors and
when due of all other sums so secured or to declare default for(allure so to assigns. The term Beneficiary shall mean the owner and d as including
Pay. pledggees, p[ the note secured hereby, whether q not named as Benoticlary
(8) That ti any time written
from time to time, without liability therefor Include In this Deed, whenever the context the
requires. the masculine gender
and Deed a said. upon r endo request of Beneficiary and presentation personal
al' Includes the feminine and/or neuter, and the singular number Includes the
this Deed and sold note for endorsement. and without affecting sec tuna personal plural.
liabilTres ley of any Peron for payment of s of the property:
consent
secured hereby, owl That Trustee accepts this Treat when ih is Decd, duly executed and
Trustee may: reconvey any part o[sold property: consent er the making In acknowledged, Is made a public record a provided by law.any
other
Is not
any map si prat thereof: Join In greeting any easement thereon: or Join in of i rust to notify any party hereto i DeIn w sale under any other Deed
any extension agreement or any agreement subordinating the Ilea or charge T Trust or of any action le proceeding In which Truster, Beneficiary or
hereof. Trustee shell be n party unless brought y Trustee
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
c� /l Co., To be used only when note has been paid.
w ✓i TO Sla arl 110 C //��o., o/ Kivcrdido Counly TRUSTEE[ Dated
The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums
secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on pay-
ment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness,
secured by said Deed of Trust, delivered to you herewith Ilogether with said Deed of Trust. and to reconvey, without
warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same.
MAIL RECONVEYANCE TO:
AtUij
By
B A013 Pnnl(lew'S
�,;,.Do not lose or destroy this Deed of Trust OR THE NOTE which it secwres.Bath must be
delivered to the Trustee for cancellation be/ore reconveyance will be made.
W C'
�,•� ol N.A
H0
o
U.
x w
p s o w o.
W i
CALIFORNIA ALL-PURPOSIACKNOIMLEDGMENT No.s907
State of
Couaxzt
)
On oremer NAME,TITLE OF OFFICER-E G.,'JANE DOE,NOTARY PUBLIC"
personally appeared —`�< l//.
NAME(S)OF SIGNER(S) r
personally known to me --OFF -B-preved-te_me on t basis-ef-satisfactory--evid�enee-
to be the person(�a'` whose name IS/ re
subscribed to the within instrument and ac-
knowledged to me that t�e she/they executed
the same in 61aer/their authorized
capacity(+es and that by iELher/their
signatureiXf on the instrument the personal,
EIAINE L WEDEKIND
_ or the entity upon behalf of which the
i "n �. Nolory Public—Callfanlo person(�s'j acted, executed the instrument.
] RIVERSIDE COUNTY
1 My Comm.Expires FEB 3,19W
WITNESS my hand and official seal.
o
IGNATUREOF NOTARV '
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Rommel Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
401542
Canyon Development , a California
General Partnership
By: Adler Canyon Properties, Inc. ,
a California corporation, as
general partner -/
By: 'A ticu �i l L( 2i
Title. -,,
By: Harley Palm Springs, L.P. , a
California limited partnership,
as general partner
By: Harley Tidal Company USA
LimitedVhShih,
a California
coron
By:
Secretary
By: IBS Deve opment Corporation,
a Calf rnia r5rporation
By:
Keh Shih, President
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Bran Adler ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the prpcidP t of
Adler Canyon Properties, Inc. , a California corporation, the
corporation that executed the within instrument, and personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument on behalf of
said corporation, said corporation being personally known to me (or
proved to me on the basis of satisfactory evidence) to be one of
the general partners of Canyon Development, a California general
partnership, the partnership that executed the within instrument
and acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
r..mn
OFFICIAL SEAL
PA�ULME SC MIC-HLEIMER
WSANGELESSC�FOUN°rFY Notary Public in and for said State
� 29, LD9H
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this 2gFh day of October, 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Secretary of Harley Tidal
Company USA Limited, a California corporation, a corporation being
known to me (or proved to me on the basis of satisfactory evidence)
to be one of the general partners of Harley Palm Springs, L.P. , a
L0502
401542
California limited partnership, the limited partnership that
executed the within instrument, and acknowleded to me that said
corporation executed the same as such general partner and that said
limited partnership first above named executed the same as a
general partner of Canyon Development, a California general
partnership, and that said last named Partnership executed the
same.
WITNESS my hand and official seal.
OFFICIAL SEAL ll
PAULEffE SCHLEIMER
Notay Rbbc-Cdlfornla
LOS ANGMS Notary Public in and for said State
W COMM"29. 1994
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this 29th day of October , 1990 , before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the President of
IBS Development Corporation, a California corporation, a
corporation being known to me (or proved to me on the basis of
satisfactory evidence) to be one of the general partners of Harley
Palm Springs, L.P. , a California limited partnership, the limited
partnership that executed the within instrument, and acknowleded to
me that said corporation executed the same as such general partner
and that said limited partnership first above named executed the
same as a general partner of Canyon Development, a California
general partnership, and that said last named Partnership executed
the same.
WITNESS my hand and official seal .
OFFICIAL SEAL
PAULETTE SCHLEIMER 2L��
NptaY Fubnc-Cdltomla
U QELES COUNTY No ary Public in and for said State
ConM�
L0502
• � RECOROINO REST y r—'
L
W
L 4
Iq
T
Ix a16 rn
; �� M
JN IcyAND WHLN RLCOROED MAIL TO "O r�o 1990 D S a a y
• a o
Futy of Palm Springs C0I04101f U a Z E
ssD.l 3200 E. Tahquitz Way UEVEIOpMfN1 w
A,M— Palm Springs, CA 92262 LC
0"&skm I
�Attn: John Mangione
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS AND REOUEST FOR SPECIAL NOTICE
This Deed of Trust, made this 1st day of November, 1990
between
Canyon Development, a California general partnership
herein called TnustoR,
whose address 11, 2250 Summitridge Drive, Beverly Hills, California 90210
p 5118
7 e CO., mber and street) n (city) (state) (rip)
Stewart Ji/!i l,,, o/ �iv6"Ifai bounty, a California corporation, herein called TRUSTEE, and
the City of Palm Springs, California
herein Called BENEFICURY,
WilReBaelilt Thaf Trustor
NEYOt:ABLT GRANTS, TRANSFERS AND ASSIGN, 10 TRUSTEE IN TRUST, WITH POWER OF SALE, that properly in
the City of Palm Springs, Riverside County, California,described As:
Lots 4l through 50, inclusive, and Lettered Lots F and G of Tract 18087,
as shown by Map on file in Book 211, pnge 81 through 89, of Maps, and as
( shown by Amended Map on file in Book 216, page 32 through 40, of Maps,
Op Records of Riverside County, California.
The terms and conditions of that certain Subdivision Improvement Agreement
[p( (the "Subdivision Improvement .Agreement") between Trustor and Beneficiary
Q`! of even dnte herewith are incorporated in and made a part of this document
t�\'L by this reference.
713i_t UeOd Of?hat;r1d its soaltid cbIig:d:icrr, ELM 93ani ad aLictulirtite ill 1y-iuti.l_y to a [I-AXI of
7Ymwt�7c�3And Nmnber 1,� 19�90�in faur Of hauEs IrneslnaTt]Iss hm, a CW i fr. - (3Tr�l. Ibrtricsirip
TOCETIIER W1Th Ih=e, Issues ant�proGis thereof, SUBJECT, HOWEVER,to the right,power and authority given to m,d conferred
upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits.
For The Purpose oI Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Pnrment of
the indebtedness errdertccd-ey-one-prnmissery�nolFeren-date-Ilerawith,-end-tiny-e„Tenaien-errenewa�lberce4-in the principal sun, nl S�f. r�b�_executed by Truslor in favor col'Beneficiary or order. *pursuant to the Subdivision Improvement
To Protect the Security of Ilds Deed of Trvat,Trualor Agrees: By tho i crcut one acid delivery of this Deed of Trvet and the nuu•
secured hereby, that provisions (I) to furl), inclusive, of the fictitious deed of trust recorded in The counties set foHll below, end in the
book and at the Page of Official Records in the office of the county recorder where said property is located, noted below opposite the mmlc
of such county,vlx.:
COUNTY DATE BOOK PAGE , COUNTY DATE BOOK PAGE COUNTY DATE BOON PAGE COUNTY
BOOK
IMPERIAL 9/10 68 1267 574 �I ORANGE 9/6/68 11714 147 it SAN13ERNARDINO 9,'6/68 7090 14 II SANTABARBARA 9.6A68 2244 VE r922
KERN 9/6/68 4195 363 1 VENTURA 9/6/68 71363 84 1 SAN LUIS ODISPO 9/l0/68 1489 429 LOS ANGELES 8;29 68 T 5910 842
RIVERSIDE 9./10,68 ACCOUNT -87097 YEAR 1968 SAN DIEGO 9,10/68 SERIES 9 BOOR 1968 PAGE 155820
(which provisions, Identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made ■
Part hereof as fully as though act forth herein at length, that he will observe and perform said provisions; and that Ilse refr•renct" Is,
Property, obligations, and-porlies in said provisions shell be construed to refer to the property, obligations, and parties wd forth in this
Deed of Trust.
The undersiggnned Trustor requests dint a copy of any Notice of Default and of any Notice of Sale hereunder be mailnl in him at his
hereinbelore set forth.
In accordance with Section 2924b, Civil Code, request is hereby made by the undersigned TRUSTOR that a copy of ant, Notice
of Defeuit and a copy of any Notice of Sale under Deed of Trust recorded
In Book , Page , Official (Records of County, California, as offcrlh,g
above described property, executed by
as Trustor in which
Is named as Beneficiary, and ns l'ni,lce be mailed 10
whose address Is __ ------ —
(Number and Street) (City) (Slate) (Zip)
STATE OF CALIFORNIA, ` Signature o/Trurtor
COUNTY OF_ I SS.
On before me, the under. —Srg attache�Blg�atu_�ppge_.___.__
signed, a Notary Public in and for said State, personally appeared
known to me
to he the person- .whose tinme subscribed Tn the within
instrument and acknowledged that extwoted till! Same.
WITNESS my hand still (official seal.
Signature ....... .
Name (TYncl , r I'rUnedl Ilhi+ar.a bar..!I� „l r.ai .J �,li
• : • 4o1542
Canyon Development, a California
General Partnership
By: Adler Canyon Properties, Inc. ,
a California corporation, as
general partner
By: '-34.«>" L''
Titl-ec
By: 'Harley Palm Springs, L.P. , a
California limited partnership,
as general partner
By: Harley Tidal Company USA
Limited, a California
corpo 0By:
K h Sh h, Secretary
By: IBS Deve opment Corporation,
a Cal f rnia poration
By:
Keh S , Pres en
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared grin Ad� ar
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the _pr S1dP t of
Adler Canyon Properties, Inc. , a California corporation, the
corporation that executed the within instrument, and personally
known to me (or proved to me on the basis of satisfactory evidence )
to be the person who executed the within instrument on behalf of
said corporation, said corporation being personally known to me (or
proved to me on the basis of satisfactory evidence) to be one of
the general partners of Canyon Development, a California general
partnership, the partnership that executed the within instrument
and acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal .
OFflCIAL SEAL
Le NolPAUIFTIE SCMIMER �. 4an
� au,U M7pEL13 COVNIY N "IPubl2 Eor said State
MN EXOM
JU
STATE OF CALIFORNIA
OOUHTT OF LOS AMMEO
On this 29t— h day of October , 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Secretary of Harley Tidal
Company USA Limited, a California corporation, a corporation being
known to me (or proved to me on the basis of satisfactory evidence)
to be one of the general partners of Harley Palm Springs, L.P. , a
L0502
r : 71. r
.ter « ,.. • , • • '11��J�1ti
California limited partnership, the limited partnership that
executed the within instrument, and acknowleded to me that said
corporation executed the same as such general partner and that said
limited partnership first above named executed the .same as a
general partner of Canyon Development, a California general
partnership, and that said last named Partnership executed the
same.
WITNESS my hand and official seal.
OFFICIAL SEAL
PAULEUE SCHLEIMER ;
Notay MWc•CdUomlO 4att'�
LOSANGELESCOUNTY Notary Pu 1 c, n and for said State
W CWMiWM Evkw
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this 2 t day of October, 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the President of
IBS Development Corporation, a California corporation, a
corporation being known to me (or proved to me on the basis of
satisfactory evidence) to be one of the general partners of Harley
Palm Springs, L.P. , a California limited partnership, the limited
partnership that executed the within instrument , and acknowleded to
me that said corporation executed the same as such general partner
and that said limited partnership first above named executed the
same as a general partner of Canyon Development , a California
general partnership, and that said last named Partnership executed
the same.
WITNESS my hand and official seal .
OFncwL SEAL
' PAULETTE SCHLEIMER /
�.+ Notary PubAC•Cdlfom10 f
lOS ANGELES COUt...
&MCortrdwlM u Notary Public in and for said State
29. 19P4
L0502
:.
• � Canyon Development, Genl Prt
i Subdiv Impr TM 18087 (purch
from Andreas Investment Assu
CITY OF PALM SPRINGS AGREEMENT #2921 U ncl Ilold
Harmless)
SUBDIVISION IMPROVEMENT AGREEMENT C14 siqned 12-13-90
I THIS AGREEMENT, made and entered into this 1st day of November, 1990, by
and between CANYON DEVELOPMENT, a California general partnership, hereinafter
referred to as "Canyon", and CITY OF PALM SPRINGS, a municipal corporation of
the State of California, hereinafter referred to as "City
WITNESSETH:
WHEREAS, Andreas Investment Associates,. a California general partnership,
hereinafter referred to as "Andreas", prepared and filed a final subdivision
map of Tract No. 18087 in the City of Palm Springs, County of Riverside, for
approval by City; and
WHEREAS, as a condition precedent to the approval of said map by City,
Andreas was required to offer for dedication those parcels of land intended
for streets, highways and other. public use, and also to construct and install
or agree to construct and install certain improvements; and
WHEREAS, Andreas, by said map, offered for dedication to City for public
use the streets and easements shown on said map; and
WHEREAS, City accepted the streets and easements shown on said map for
public use, and certain other such improvements; and
WHEREAS, as a condition precedent to the offer of the dedication of such
streets and easements by City, Andreas was required to enter into an agreement
with the City to construct certain improvements; and
WHEREAS, Canyon has agreed to purchase from Andreas, and Andreas has
agreed to sell to Canyon, a portion of Tract 18087;
WHEREAS, as part of the terms of such purchase and sale transaction, City
has agreed to accept, in lieu of the Subdivision Improvement Agreement dated
December 27, 1989 made by Andreas in favor of City, Canyon's execution and
delivery of this Agreement.
NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. Canyon, At its sole cost and expense, shall construct and install ,
but only on the parcels of land acquired from Andreas, the street, drainage,
domestic water, sanitary sewer and other improvements required to be
constructed or agreed to be constructed as r -ondition precedent to the
approval of said final map and acceptance o, uch streets and easements, as
shown on the "Improvement Plans for Trnrt N 18087", a copy of which is now
on file in the office of the City Fugiu:eer he City and which is referred
to and incorporated herein A- ' hnugh sct :' In full .
2. To assure faithful, r,3nce !agreement, Canyon is held and
firmly bound unto the City o S;priig I., sum of $277,844 lawful
money of the United States far, vaycr. •n 41ich Canyon binds itself and
its successors and assigns.
3. To assure paymen. ti5•_- , jr the labor and materials for the
Improvements to be constru• ttlsrg hereby, claims to which reference
is made in Title 15 (commer th � is "'a 3082) of Part IV of Division 3 of
the Civil Code+ of the State: uL 6A1L fr'rhis, Canyon is held said firmly bound
uWt:07 t•lhw. Cliitlp Of 1P+ imi §jr2;'ngs anjl Ai}il 8dntragtbrdp §nbc6ntt9ctors, of said
'AVveme,nt *s,d irefedrerw4 gB the afoir&saia ,Code of Civil Procedure in the sum of
$138,922 lawful money of the United States for the payment of which Canyon
binds itself and its successors and assigns for materials furnished or labor
therein of any kind, or for amounts due under the Unemployment. Insurance Act
with respect to such work or labor.
4. In accordance with the terms of said subdivision regulations
aforesaid, to assure full payments to all contractors, their subcontractors
and to persons renting the equipment or furnishing labor or materials for the
setting of survey monuments, Canyon is held and firmly bound unto the City of
Palm Springs, in the sum of $6,825 lawful money of the United States for the
payment of which Canyon binds itself and its successors and assigns.
5. The liability of Canyon under Paragraphs 2 through 4 inclusive of
this Agreement shall be satisfied and the Deed of Trust released upon the
earlier to occur of: (1) the formation of an assessment district to complete
the improvements to be completed under the Agreement, (2) the date upon which
the present residential lots are superseded by a larger tract map or the
subject property reverts back to a single lot through a lot line adjustment or
other appropriate means, or (3) acceptance by the City of the improvements
required to be completed under the Agreement and the furnishing of a
maintenance bond, or other security satisfactory to the City at the time of
acceptance in the amount of $41,676. Said maintenance bond or security shall
remain in effect for a period of one year from date of acceptance of the
improvements.
6. As security for the aggregate liability of Canyon under Paragraphs
2, 30 4 and 5 of this Agreement in the sum of $465,267, Canyon has executed
and delivered to the City of Palm Springs concurrently herewith a second
priority Deed of Trust in the form attached marked Attachment "A".
7. Before final approval of street improvements, Canyon will place
survey monuments in accordance with the provisions of the State Subdivision
Map Act and the Subdivision ordinance of the City of Palm Springs as shown on
the Tract Map.
Canyon, after setting the monuments, shall furnish the City Engineer of
the City of Palm Springs with written notice of the setting of said monuments
and written proof of having paid the engineer or surveyor for the setting of
said monuments, or as provided for in the Subdivision Map Act.
8. The City Engineer or his duly authorized representative, upon
written request of Canyon, shall inspect the improvements herein agreed to be
constructed and installed by Canyon, and, if determined to be in accordance
with the applicable City standards, shall recommend the acceptance of such
improvements by the City.
9. Canyon shall complete such improvement plans including any
corrections and revisions thereto necessary to comply with the applicable City
standards as determined by the City Engineer within thirty (30) days after
approval of the final map.
10. Canyon shall perform any changes or alterations in the construction
and installation of such improvements required by the City, provided that all
such changes or alterations do not exceed ten (10) percent of the original
total estimated cost of such improvements.
11. Canyon shall guarantee such improvements for a period of one year
following the completion by Canyon, and acceptance by City, against any
defective work or labor done„ or defective materials furnished, in the
performance of- this Subdivision Improvement Agreement by Canyon and shall
repair or replace any such defective work or materials discovered during said
one year period.
12. Canyon shall commence the construction and installation of such
improvements within thirty (30) days from the at,;eroval of such "Improvements
Plans for Tract No. 18087" by the City Engine- , and shall complete such
construction and installations within nine (' months from such date of
commencement.
13. In the event that 4anyrw, f.,, form any obligation hereunder,
Canyon authorizes City to perform swc�), e@bLigntion twenty (20) days after
maiI"t wvi.ttedl Nmitice ®fi Default to Cotnyon at the address given below, and
agrees to Pay the entire cost: of such performance by City.
14. In the event that Canyon fails to perform any obligation hereunder,
Canyon agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, including costs of suit and reasonable
attorneys' fees.
15. Canyon hereby binds itself, its executors, administrators and
assigns, and agrees to indemnify, defend, and hold the City harmless from any
JCAN0012 - 7 -
losses, claims, demands, actions or causes of action of any nature whatsoever,
arising out of or in any way connected with the improvements agreed to be
constructed and installed hereunder by Canyon, including costs of suit and
reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
Canyon Development, a California
General Partnership
By: Adler Canyon Properties, Inc. ,
a California corporation, as
general partner //',,
By:
�
Title:
By: Harley Palm Springs, L.P. , a
California limited partnership,
as general partner
By: Harley Tidal Company USA
Limited a California
corpo a ion
By:
K h ih, Secretary
By: IRS Deve opment Co ation,
a Cal f nia cor oration
By=
K ih, President
Address: 2250 Summitridge Drive
Beverly Hills, CA 90210
ATTEST CITY OF PALM//S;;PRINNGS CALIFORNIA
By �'2Cf'�l' Le<i l'
! ('z",yCity Manager
REVIEWED AND APPROVED: //
STATE OF CALIFORNIA )
ee
COUNTY OF LOS ANGELES )
On this 29thday of October, 1990, before me, the undersigned, a
Notary Public in and for said State, personally appeared
Brian Adler , personally known to me (or Proved to me on the
basis of satisfactory evidence) to be the President of Adler
Canyon Properties, Inc. , a California corporation, the corporation that
executed the within instrument, and personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed the within
instrument on behalf of said corporation, said corporation being personally
known to me (or proved to me on the basis of satisfactory evidence) to be one
of the general partners of Canyon Development, a California general partner-
ship, the partnership that executed the within instrument and acknowledged to
me .that such corporation executed 'the same as such partner and that such
partnership executed the same.
WITNESS my hand and official seal.
Ec
Notary PublG for said Stale
W Commlubn EVk(13
July 29. 1994
STATE OF CALIFORNIA )
am.
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the undersigned, a
Notary Public in and for said State, personally appeared Keh Shih, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of Harley Tidal Company USA Limited, a California corporation, a
corporation being known to me (or proved to me on the basis of satisfactory
evidence) to be one of the general partners of Harley Palm Springs, L.P. , a
California limited partnership, the limited partnership that executed the
within instrument, and acknowledged to me that said corporation executed the
same as much general partner and that said limited partnership first above
named executed the same as a general partner of Canyon Development, a
California general. partnershiip, and that said last named Partnership executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL a�
" PAULETFE SCFi1EIMER
e 4 notaaryry F+,blc•Cdffomla
LOSANGELESCOUNTY Notary Public in end for said State
A1291994
STATE OF CALIFORNIA )
as.
COUNTY OF LOS• ANGELES )
On this 29th day, of October, 1990, before me, the undersigned, a
Notary Public in and for said State, personally appeared Keh Shih, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
President of IBS Development Corporation, a California corporation, a
corporation being known to me (or proved to me on the basis of satisfactory
evidence) to be one of the general partners of Marley Palm Springs, L.P. , a
California limited partnership, the limited partnership that executed the
within instrument, and acknowledged to me that said corporation executed the
same as such general partner and that said limited partnership first above
named executed the same as a general partner of Canyon Development, a
California general partnership, and that said last named Partnership executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
�PAAUULyETTEE SCHLEIMER
LosANOEIEf COUNTY t
Notary Public in and for said State
. 1
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT is made this 1st day of
November, 1990, by and between CANYON DEVELOPMENT, a California
general partnership, hereinafter referred to as "Canyon" , and
CITY OF PALM SPRINGS, a municipal corporation of the State of
California, hereinafter referred to as "City" , with regard to the
following facts;
R E C I T A L S
WHEREAS, Andreas Investment Associates , a California general
partnership, hereinafter referred to as "Andreas" , prepared and
filed a final subdivision map of Tract No. 18087 in the City of
Palm Springs, County of Riverside ( the "Property" ) , for approval
by City; and
WHEREAS, the Property is presently zoned W-R-1-B;
WHEREAS, Section 9220 .01 A. 2. of the City of Palm Springs
Zoning Ordinance provides for the approval of a development in a
zone district which has a "W" prefix, provided that certain
conditions are complied with;
WHEREAS, as a condition precedent to the approval of said
map by City, Andreas was required to execute a Hold Harmless
Agreement in favor of City releasing the City from any liability
incurred by flood waters;;
WHEREAS, Canyon has agreed to purchase from Andreas , and
Andreas has agreed to sell to Canyon, a portion of the Property,
such portion being described on Exhibit "A" attached hereto ( the
"Acquired Parcel" ) ; and
WHEREAS, as part of the terms of such purchase and sale
transaction, City has agreed to accept, in leu of the Hold
Harmless Agreement made by Andreas in favor f City with respect
to the Acquired Parcel, Canyon 's execution =d delivery of this
Agreement.
NOW THEREFORE, IT IS AGREED by and bv ,teen the parties here-
to as follows :
1. Hold Harmless and Indemnificat' ,a of City. Canyon
hereby agrees, for tself, is sP ,cM sor heirs and assigns,
that it shall indemnify and ho'd .;'.i,; ha ess from any and all
liability, claims, demands , damages rr c s , including reason-
able attorneys ' fees, aril ng from any a . all damage or injuries
occurring on or to ° ? ^ '\cqul.reO cel , as a result of flood
waters. Canyon furt, e_sc t it will not , nor will any of
them, from and after :tfe date hereof, sue, prosecute,
molest or trouble C# a ;, rr ,j to or on account of any damage
or injury resulting : p rct of flood waters on the
Acquired Parcel.
2. Te,,,n of noiu cma Canyon and City agree that this
Agreement sha . ii r'- F� itil such time as the Acquired
Parcel is no 1� clas °' + d fringe area of the 100-year
event, which reu.E.„a sifir 1�cur automatically following
1.0503
• recognition and incorporation in the City' s Flood Insurance Rate
Maps by the Federal Emergency Management Agency.
IN WITNESS WHEREOF, the parties hereto have executed this
Hold Harmless Agreement as of the day and year first above
written.
Canyon Development, a California
General Partnership
By: Adler Canyon Properties, Inc. ,
a California corporation, as
general partner
T tli e: k)74-1'. ,
By: Harley Palm Springs, L.P. , a
California limited partnership,
as general partner
By: Harley Ti al Company USA
Limited, a California
corpo on
By: V, �—, C
K Shih, Secretary
By: IBS Deve pment Corporation,
a Cal fo nia orporation
BY:
Ke , Pres ent
Address: 2250 Summitridge Drive
Beverly Hills, CA 90210
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Byl
64-:2 6�
C y Clerk Acting city Manager
REVIEWED AND APPROVED:
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
On this 29th 6 Oa. , 1990 , before me, the under-
signed,, a Notary Pu' r said State, personally
appeared Brian Adia ,
personally nol.rn to me (or 4, A to me on the basis of satis-
factory evident be t4 csident of Adler
Canyon Propertie.. , z: ali4'o�n%a corpo- —rat n, the corpora-
tion that executed �_tiiin t—unient , and personally known to
me (or pro�O to me in f satisfactory evidence) to be
the person who execut-c:, t e Ti instrument on behalf of said
corporation, said r, i_c kng personally known to me (or
proved to me on t - s_{s, ! factory evidence ) to be one of
the general pa:�"tners or , , ,n;'bia a California general
partners 1p,, t`.I a part-pegship that executed the within instrument
arrc5 acknow3Eaged to cne t,)�af ggch gPFp9r4kion executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal .
ECFILEInR
PAWCdManla
COUNry Notary Public n an or sa State
ttu
29. 199
L0503 - 2 -
STATE OF CALIFORNIA )
as.
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990 , before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Secretary of Harley
Tidal Company USA Limited, a California corporation, a corpora-
tion being known to me (or proved to me on the basis of satis-
factory evidence) to be one of the general partners of Harley
Palm Springs, L.P. , a California limited partnership, the limited
partnership that executed the within instrument, and acknowledged
to me that said corporation executed the same as such general
partner and that said limited partnership first above named
executed the same as a general partner of Canyon Development, a
California general partnership, and that said last named Partner-
ship executed the same.
WITNESS my hand and official seal.
E24p��AL SEAL
PAU(E(IE SCRUIMER
PJAC-CdBomla
Elfa coutJry Notary CM n**)n Eotas y Pu c n an or saidState
dM 29, 1994
STATE OF CALIFORNIA )
as.
COUNTY OF LOS ANGELES )
On this 29th day of October, 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Keh Shih, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the President of
IBS Development Corporation, a California corporation, a
corporation being known to me (or proved to me on the basis of
satisfactory evidence) to be one of the general partners of
Harley Palm Springs, L.P. , a California limited partnership, the
limited partnership that executed the within instrument, and
acknowledged to me that said corporation executed the same as
such general partner and that said limited partnership first
above named executed the same as a general partner of Canyon
Development, a California general partnership, and that said last
named Partnership executed the same.
WITNESS my hand and official seal.
Iry 1 c in an or sa State
COl�11Y �
L0503 - 3
EXHIBIT "A"
"Acquired Parcel"
Lots 41 through 50 , inclusive, and Lettered Lots F
and G of Tract 18007, as shown by Map on file in Book
211, page 81 through 89, of Maps, and as shown by
Amended Map on file in Book 216, page 32 through 40,
Records of Riverside County, California.
L0503 - 4 -
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9969t 0/64 ssG9J fAr4- ` $ ./3Ae.'- m -
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'RP;C4RDING REQUESTED BY: %� 1 ®9V G RECEIVED FOR RECORD,/
t STEWART TITLE OF HE I& HeIRE ll A78:nfl�CiLQCK
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WHEN RECORDED MAIL TO: i� - MAR 2 41995
CITY CLERK
W Ord"P�16
CITY OF PALM SPRINGS Atw. e wam ca
P.O. BOX 786:- %''' n Recorder
PALM SPRINGS, CA 92263 a
Fees� I
ORDER N0. 120390-11 �_
_ SPACE ABOVE FOR RECORDERS 61E
A.P. Ws. 011-058/512-190-016 thru 025 I4 029
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO ASID OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER
OR LATER SECURITY INSTRUMENT.
THIS AGREEMENT, made this 17th day of MARCH , 19 95 by CANYON DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP
owner of the land hereinafter described and hereinafter referred to as "Owner, "
and THE CITY OF PALM SPRINGS, CALIFORNIA
present owner and bolder of the deed of trust and note first hereinafter
described and hereinafter referred to as "Beneficiary";
WITNESSETH
THAT WHEREAS, CANYON DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP
did execute a deed of trust, dated NOVEMBER 1. 1990 to STEWART TITLE CO.
OF RIVERSIDE COUNTY, A CALIFORNIA CORPORATION
as trustee, covering:
LOTS 41 THROUGH 50, INCLUSIVE, AND LETTERED LOTS F AND G OF TRACT NO. 18087
AS SHOWN BY MAP ON FILE IN BOOR 211, PAGES 81 THROUGH 89, OF MAPS, AND AS
SHOWN BY AMENDED MAP ON FILE I'N BOOK 216, PAGES 32 THROUGH 40, INCLUSIVE,
OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
to secure a note in the sum of $ 465 267.00 dated NOVEMBER 1, 1990
in favor of THE CITY OF PALM SP N , RNIX
_which deed of trust was recorded � dl
in book n a , page n/a Official Records of said
county; and NT NO• 401542
WHEREAS, Owner has executed, or is about to execute, a deed of trust and
note in the sum of $ 2 050 000,.00 1 dated MARCH 20, 1995 in
favor of SEE E%HIBIT„A'ACTACHED HERETO FOR BENEFICIARIES
hereinafter referred to, as "Lender, " payable with interest and upon the terms and
conditions described therein, which deed of trust is to be recorded concurrently
herewith ;and
• • 90233
WHEREAS, it is a condition precedent to obtaining said loan that said deed
of trust last above mentioned shall unconditionally be and remain at all times
a lien or charge upon the land hereinbefore described, prior and superior to the
lien or charge of the deed of trust first above mentioned; ,and
WHEREAS, Lender is willing to make said loan provided the deed of trust
securing the same is a lien or charge upon the above described property prior and
superior to the lien or charge of the deed of trust first above mentioned and
provided that Beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust first above mentioned to the lien or charge
of the deed of trust in favor of Lender and;
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make
such loan to Owner; and Beneficiary is willing that the deed of trust securing
the same shall, when recorded, constitute a lien or charge upon said land which
is unconditionally prior and superior to the lien or charge of the deed of trust
first above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the
parties hereto and other valuable consideration, the receipt and sufficiency of
_which consideration is hereby acknowledged, and in order to induce Lender to make
the loan above referred to, it is hereby declared, understood and agreed as
follows:
(1) That said deed of trust securing said note in favor of Lender, any
renewals or extensions thereof, shall unconditionally be and remain at all times
a lien or charge on the property therein described, prior and superior to the
lien or charge of the deed of trust first above mentioned
(2) That Lender would not make its loan above described without this
subordination agreement
(3) That this agreement shall be the whole and only agreement with regard
to the subordination of the lien or charge of the deed of trust first above
mentioned to the lien or charge: of the deed of trust in favor of Lender above
referred to and shall supersede and cancel, but only insofar as would affect the
priority between the deeds of trust hereinbefore specifically described, any
prior agreements as to such subordination, including, but not limited to, those
provisions, if any, contained in the deed of trust first above mentioned, which
provide for the subordination of the lien or charge thereof to another deed or
deeds of trust or to another mortgage or mortgages.
Beneficiary declares, agrees and acknowledges that
(a) He consents to and (i) approves all provisions of the note and deed
of trust in favor of Lender above referred to and (ii) all agreements, including
but not limited to any loan or escrow agreements, between Owner and Lender for
the disbursement of the proceeds of Lenders loan;
(b) Lender in making disbursements pursuant to any such agreement is under
no obligation or duty to, nor has Lender represented that it will, see to the
application of such proceeds by the person or persons to whom Lender disburses
such proceeds and any application or use of such proceeds for purposes other that
those provided for in such agreement or agreements shall not defeat the
subordination herein made in whole or in part;
90233
(c) He intentionally and unconditionally waives, relinquishes and
subordinates the lien or charge of the deed of trust first above mentioned in
favor of the lien or charge upon said land of the deed of trust in favor of
Lender above referred to and understands that in reliance upon, and in
consideration of, this waiver, relinquishment and subordination specific loans
and advances are being and will be made and, as part and parcel thereof, specific
monetary and other obligations are being and will be entered into which would not
he made or entered into but for said reliance upon this waiver, relinquishment
and subordination; and
(d) An endorsement has been place upon the note secured by the deed of
trust first above mentioned that said deed of trust has by this instrument been
subordinated to the lien or charge of the deed of trust in favor of Lender above
referred to.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF
WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.
CITY OF PRIM SP I S CALII?ORNIA
SEE ATTAGUED SIGNATURE PAGE
BY:
ROB P INS efici TITLE: CITY MANAGER Owner
All Signatures must be Acknowledged
State of
County of before me, s
tle of Officer G Notary Public
personally appeared---- -- d-
Name(s) of Signer(s)
ersonally known to me - OR - proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
he/she/they executed the same in
his/her/their authorized capacity(ies) ,
and that by his/her/their signature(s)
on the instrument the person(s) , or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
r cP 6 I
/�•z``' 9���6E , ��Jv�� � � WITNESS my hand and official seal.
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[1. \\`�.q'`F C'd'��riu�i.Dlc:ro.,rdm� .�s.
1)— 5 s cu a of otary
i 90233
CANTON DEVELOPHENT, L.P., a
California Limited Partnership
By: ADLER CANYON PROPERTIES, INC.,
A CALIFORNIA CORPORATION
By.
Jo h Solomon, Vice President
EXHIBIT A � 90233
BENEFICIARIES OF NEW TRUST DEED TO RECORD IN TH.E.AMOUNT OF $2,050,000.00 ARE AS FOLLOWS:
M & R INVESTMENTS, A WASHINGTON GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 46.41% INTEREST;
MELVYN HABER REVOCABLE TRUST u/t/d DECEMBER 13, 1983, AS TO AN UNDIVIDED 27.87% INTEREST;
LITWACK ENTERPRISES, INC. RETIREMENT TRUST, AS TO AN UNDIVIDED 2.79% INTEREST;
ROBERT KARGER, M.D. , INC., EMPLOYEE PENSION TRUST FUNDS, AS TO AN UNDIVIDED 8.13% INTEREST;
CHARLES GRENADIER, A MARRIED MAN AS HLS SOLE AND SEPARATE PROPERTY AS TO AN UNDIVIDED 5.57%
INTEREST;
JEFFREY E. FROMBERG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AS TO AN UNDIVI➢ED 5.05%
INTEREST;
DREW WINKLER, DBA DW REAL ESTATE INVESTMENT COMPANY, AS TO AN UNDIVIDED 4.18% INTEREST;
ALL AS TENANTS IN COMMON