HomeMy Public PortalAbout96 127_21 thru 37 Newport Dr Northc
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First American Title
Company of Napa
March 10, 1997
1700 Second Street City of Napa
P.O. Box 388 Department of Public Works
1600 First St.
Napa Napa, CA 94559
California 94559
Attn: John Roche
Fax 707.226.9346
Tel 707.226.9341 Re: The O'Brien Group
North Newport Drive
Lot Line Adjustment
Our No. 113616
Dear Mr. Roche:
In conjunction with the above captioned lot line adjustment the following
matters are attached for your reference.
1. Tax Collector Certifications
2. Conformed copy of recorded documents
If any further information or documentation is needed in reference to the
above, please feel free in contacting the undersigned.
Very truly yours,
FIRST AMERICAN TITLE COMPANY OF NAPA
I —L
By: &d1J
Bill Prentice, Title Officer
BP/dg
Encl.
S.r i M E R, � •
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-2a
r`
Applicant: ZW0 '6,e1VJ 6,POv p
Road: A/ORN dlJdWP0&1"' DR, dE"
Assessor Parcel Number(s): 0 43- 406 - 071' -07 - 0 7,3 ; 074 j
— OTS Q., cv —6'7(o.
Title Company: IE h-st American Tulle
CQUMrY TAY COLLECTOR AND REDE-MIMON OIFIFIICIER CIERIMCAT]E
I hereby certify that according to the records of my office there are no liens for unpaid
State, County, Municipal or Local Taxes or Special Assessments collected as Taxes (except
Taxes or Special Assessments not yet payable) against any part of the land included in the within
Lot Line Adjustment, that security in the amount of $ e !?� 'a/l has been filed
with the Clerk of the Board of Supervisors to guarantee the payment of all taxes and assessments
collected as taxes, which are now a lien against the property in the within lot line adjustment,
but which are not payable.
Marcia K. Humphrey
County Tax Collector and Redemption Officer
(:�'
uty
Form NAP1204
Date- - 21 J'
TAX COLLECTORPS CERTIFICATE FOR
LOT LINE ADJUSTMENT
SUBDIVISION MAP OR PARCEL MAP
FISCAL YEAR 1997-98
DATE
2-20-97
**CURRENT/DELINQUENT TAXES MUST ALSO BE PAID (Not included in estimate)**
I. Marcia K. Humphrey, Tax Collector for the County of Napa, State of
California, do hereby certify that on parcel(s):
SEE ATTACHED
Lot Line Adjustment: THE 0°BRIEN GROUP
Prepayment of taxes is not required at this time.
All taxes and assessments against said map which are a lien but are
of yet due and payable are estimated to be $4,940.00
1996-97 paid
arcia K. Hu ph ey, Tax Collector
County of Napa, State of California
By Deputy Tax Collectora_ad_9J.d..,
Order No: 113616-1
usr2/11a/ 113616x2
When recorded mail to:
THE O'BRIEN GROUP
2001 Winward Way, Suite 200
San Mateo, CA 94404-2473
0
CONFORMED COPY
NAPA COUNTY RECORDER
OFFiCAL RECORDS
Date Recorded FEB 2 01997
Series No. fact' - 3'71S
For Recorder's Use Only
MAIL TAX STATEMENTS TO: THE UNDERSIGNED GRANTOR DECLARES
DOCUMENTARY TRANSFER TAX $ -0-
X Computed on the consideration or value of property
conveyed; OR
SAME AS ABOVE
Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
LOT LINE ADJUSTMENT
APNs 043-400-071,-072,-073,-074,-075&-U7ti
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE O'BRIEN GROUP, a California corporation
a corporation organized under the laws of the State of California, does hereby
GRANT to
FIRST AMERICAN TITLE COMPANY OF NAPA, a California corporation
the real property in the City of Napa, County of Napa, State of California, described as
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
AND DESIGNATED EXHIBIT "A"
Dated: February 13, 1997
THE O'BRIEN GROUP,
a California corporation
By:
MAIL TAX STATEMENTS AS DIRECTED ABOVE NAP1115
C r r
STATE OF CALIFORNIA
COUNTY OF
M
San Kateo
Feb. 13, 1997 before me, Michelle Lopez Mickelson
DATE NAME. TITLE OF OFFICER - E.G.. ")ANE DOE. NOTARY PUBLIC"
personally appeared,
Roger Olafson
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person*) whose name(x) isim
subscribed to the within instrument and acknowledged to me that heXoWy executed the same in hisftvithtir authorized .
capacity1dick, and that by his/Ia*hoir signaturebokon the instrument the personto), or the entity upon behalf of which the
personftskacted, executed the instrument.
WITNESS my hand and official seal.
P `°a
MICHELLE LOPEZ
(j
MICKELSON
a®
COMM. 01037974
TARY PUBLIC - CALIFORNIAw
SAW MATEO COUNTY 4A
Comm. Exp ee S"t. S. 199E d
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
O'BRIEN/FATCO
01/31/97-kd
113616-1
EXHIBIT "A"
PARCEL ONE:
Lots 1 through 6, inclusive, as shown on Map No. 4872, entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at page 76 and Map No. 4783, Book 29 of Surveys
at page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County.
PARCEL TWO:
Non-exclusive Easements appurtenant to Parcel One above described, as set forth in that certain document
entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club Homeowner's
Association, a California non-profit corporation, and recorded June 8, 1994 under Series Number 1994
018818 of Official Records of Napa County.
CLAIM OF EXEMPTION FROM
DOCUMENTARY TRANSFER TAX
TO:.. Eleanor E. Kimbrough, County Recorder Date Recorded
1195 Third Street, Room 110
Napa, California 94559 Vol. Page
FROM: C iRsr 9 m F_ 2 icea1 T i rn� 09 A6��8 Serial No,
1700 Zwo S't'atEtT
N4904� CA
SUBJECT: O' Sk1oU 66Z• Lo7- LWE 91'J0'trr/MeU" CAp"'3 043-400-071;7Z; 73; 74 75; 6
1 Claim that the attached document is exempt from the Documentary Transfer Tax
because: (CHECK ONE) ,
1. The property was conveyed as a gift.
2. The document was given to secure a debt.
3. The document merely corrects a flaw in title.
4. The property was conveyed without consideration to or by a trust.
5. The property was conveyed by an executor in accordance with a Will.
6. The property, purchase of which was originally made with the funds of his
principal by an agent, and on which the tax was paid, was conveyed by the agent
to his principal.
7. The document is a lease for the term of less than thirty-five (35) years.
8. The property was conveyed by individuals to a partnership, all the partners of
which were all the individual owners, and the partners now hold the same pro-
portionate interest in the property as they did as individuals.
9. The property was conveyed by a corporation in liquidation to a partnership, all
of whose members were all of the shareholders of the corporation, and the part-
ners now hold the same proportionate interest in the property as they did as
corporate shareholders. �. P�oPE�Zr� �'oMyt?t�0
10. Other 4include a''xp!anazion and au hor •,y,
PoQ,SJ441T ro Ao APpqGVmo.d0.t1`m�tJ7-
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 16 n¢ day of lrebra 4fy 19 77 -at AA/9q • C?
C' State
Fltxr
Firm Name Signature
6/V'//.'0Vj M,
Please Print Name Here
WARNING
ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR
THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANS—
FER TAX IS GUILTY OF A MISDEMEANOR.
(2000-7/83)
APNs 043-400-071,-072,-073,-074,-075&-076
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FIRST AMERICAN TITLE COMPANY OF NAPA
a corporation organized under the laws of the State of California, does hereby
GRANT to
THE O'BRIEN GROUP, a California corporation
the real property in the City of Napa, County of Napa, State of California, described as
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
AND DESIGNATED EXHIBIT "A"
Dated: February 19, 1997 FIRST AMERICAN TITLE COMPANY OF
NAPA
PAUL DURBIN, Vice President
MAIL TAX STATEMENTS AS DIRECTED ABOVE NAP1115
Order No: 113616-2
usr2/lla/ 113616x2
CONFORMED COPY
When recorded mail to:
NAPA COUNTY RECORDER
OFFICAL RECORDS
THE O'BRIEN GROUP
Date Recorded FEB 2 01997
2001 Winward Way, Suite 200
$arias No, Igq'1— 37 a 6
San Mateo, CA 94404-2473
For Recorder's Use Only
MAIL TAX STATEMENTS TO:
THE UNDERSIGNED GRANTOR DECLARES
DOCUMENTARY TRANSFER TAX $ -0-
X Computed on the consideration or value of
property conveyed; OR
Computed on the consideration or value less liens
SAME AS ABOVE
or encumbrances remaining at time of sale.
LOT LINE ADJUSTMENT
APNs 043-400-071,-072,-073,-074,-075&-076
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FIRST AMERICAN TITLE COMPANY OF NAPA
a corporation organized under the laws of the State of California, does hereby
GRANT to
THE O'BRIEN GROUP, a California corporation
the real property in the City of Napa, County of Napa, State of California, described as
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
AND DESIGNATED EXHIBIT "A"
Dated: February 19, 1997 FIRST AMERICAN TITLE COMPANY OF
NAPA
PAUL DURBIN, Vice President
MAIL TAX STATEMENTS AS DIRECTED ABOVE NAP1115
" 0
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N o t a r y P u b l i
FATCO/O'BRIEN
Revised 02/14/97
113616-2
EXHIBIT "A"
ADJUSTED LOT 1:
PARCEL ONE:
A portion of Lots 1 and 2 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
BEGINNING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southeastern
boundary of said Lot 1, South 00° 23' 30" West 9.50 feet and South 49° 24' 37" West 161.67 feet; thence
North 400 35' 23" West 85.55 feet; thence North 20° 05' 57" West 54.38 feet to a point on the Southerly
line of North Newport Drive as shown on said map, said point bears North 89° 36' 30" West 11.56 feet
from the Northwestern comer of said Lot 1; thence along said Southerly line South 890 36' 30" East
197.19 feet to the point of beginning.
PARCEL TWO: \
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 2:
PARCEL ONE:
A portion of Lots 1, 2 and 3 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
BEGINNING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly line of
Newport North Drive as shown on said map North 89° 36' 30" West 197.19 feet to the true point of
beginning; thence continuing along said Southerly line of North Newport Drive North 89° 36' 30" West
38.66 feet; thence South 00° 23' 30" West 95.50 feet; thence South 40° 35' 23" East 89.75 feet to a point
on the Southeasterly line of said Lot 2, said point bears South 49° 24' 37" West 43.27 feet from the most
Eastern comer of said Lot 2; thence along said Southeasterly line of said Lot 2 and Lot 1 North 49° 24'
37" East 72.78 feet; thence North 40° 35' 23" West 85.55 feet; thence North 200 05' 57" West 54.38 feet
to the true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 3:
PARCEL ONE:
A portion of Lots 2, 3 and 4 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 890 36' 30" West 235.85 feet to the true point
of beginning; thence South 00° 23' 30" West 95.50 feet; thence South 40° 35' 23" East 89.75 feet to a
point on the Southeasterly line of said Lot 2; said point bears South 49° 24' 37" West 43.27 feet from the
most Eastern comer of said Lot 2; thence along said Southeasterly line of said Lot 2, Lot 3 and Lot 4
South 49° 24' 37" West 134.55 feet to the most Southern comer of said Lot 4; thence along the
Southwesterly line of said Lot 4, North 44° 58' 28" West 38.12 feet; thence North 130 08' 29" East
182.50 feet; thence North 00° 23' 30" East 46.71 feet to said Southerly line of North Newport Drive, said
point bears North 89° 36' 30" West 28.98 feet from the Northeastern comer of said Lot 3; thence along
said Southerly line South 89° 36' 30" East 29.57 feet to the true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 4:
PARCEL ONE:
A portion of Lots 3, 4 and 5 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 890 36' 30" West 265.42 feet to the true point
of beginning; thence continuing along said Southerly line North 89° 36' 30" West 9.08 feet to the
Northeastern comer of said Lot 4; thence continuing along said Southerly line North 890 36' 30" West
20.00 feet to the Northeastern comer of said Lot 5; thence continuing along said Southerly line North 89°
36' 30" West 31.18 feet; thence South 00° 23' 30" West 27.56 feet; thence South 130 08' 29" West 152.98
feet to a point on the Southwesterly line of said Lot 5, said point bears North 500 54' 46" West 25.78 feet
from the most Southern comer of said Lot 5; thence along said Southwesterly line of said Lot 5 and Lot 4
South 50° 54' 46" East 35.24 feet and South 44° 58' 28" East 36.88 feet to a point that bears North 44°
58' 28" West 38.12 feet from the most Southern comer of said Lot 4; thence North 130 08' 29" East
182.50 feet; thence North 00° 23' 30" East 46.71 feet to the true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL TWO above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 5:
PARCEL ONE:
A portion of Lots 5 and 6 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 890 36' 30" West 325.68 feet to the true point
of beginning; thence South 00° 23' 30" West 27.56 feet; thence South 13° 08' 29" West 152.98 feet to a
point on the Southwesterly line of said Lot 5, said point bears North 50° 54' 46" West 25.78 feet from the
most Southern comer of said Lot 5; thence along said Southwesterly line of said Lot 5 North 50° 54' 46"
West 42.76 feet to the Southeastern comer of said Lot 6; thence along the Southwesterly line of said Lot 6
North 64° 09' 50" West 25.16 feet; thence North 130 08' 29" East 142.75 feet to said Southerly line of
North Newport Drive, said point bears North 89° 36' 30" West 5.03 feet from the Northeastern comer of
said Lot 6; thence along said Southerly line South 890 36' 30" East 58.36 feet to the true point of
beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 6:
PARCEL ONE:
A portion of Lot 6 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the Lands of
Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys at Page
100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the office of
the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 89° 36' 30" West 384.04 feet to the true point
of beginning; thence continuing along said Southerly line North 890 36' 30" West 72.97 feet to the
Northwestern comer of said Lot 6; thence along the boundary of said Lot 6 South 000 23' 30" West 119.50
feet and South 64° 09' 50" East 45.92 feet to a point that bears North 640 09' 50" West 25.16 feet from
the most Western comer of Lot 5, as shown on said map; thence North 13 ° 08' 29" East 142.75 feet to the
true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
The consolidation of underlying lots, parcels or portions thereof as set forth in the above metes and bounds
description, constitutes an expressed written statement of the Grantor, merging said underlying lots, parcels
or portions thereof pursuant to Section 1093 of the California Civil Code.
TO%.
FROM:
CLAIM OF EXEMPTION FROM
DOCUMENTARY TRANSFER TAX
r Eleanor E. Kimbrough, County Recorder
1195 Third Street, Room 110
Napa, California 94559
FiRSr AMBitica oU T1rLE CO. 6K WA 04
1700 Cecowo GrimE7-
N400a1 cA. 94SSJ
Date Recorded
Vol. Page
Serial No.
SUBJECT: 0'8R1EA1 GeCOP - (4PAu'S 043. 400-07J) - 07.1; _873 074; -
1 Claim that the attached document is exempt from the Documentary Transfer Tax
because: (CHECK ONE)
1. The property was conveyed as a gift.
2. The document was given to secure a debt.
3. The document merely corrects a flaw in title.
4. The property was conveyed without consideration to or by a trust.
5. The property was conveyed by an executor in accordance with a Will.
6. The property, purchase of which was originally made with the funds of his
principal by an agent, and on which the tax was paid, was conveyed by the agent
to his principal.
7. The document is a lease for the term of less than thirty-five (35) years.
8. The property was conveyed by individuals to a partnership, all the partners of
which were all the individual owners, and the partners now hold the same pro-
portionate interest in the property as they did as individuals.
9. The property was conveyed by a corporation in liquidation to a partnership, all
of whose members were all of the shareholders of the corporation, and the part-
ners now hold the same proportionate interest in the property as they did as
corporate shareholder.
10. OtheromyutD
kincl:lde axp!ainzi�Eon and aUt%Criiy) PSD L C'
I declare under penalty of perjury that the foregoing is true and correct.
Executed this day of. �e��4/��/- , 19 m C41.
/ State
Firm Name Signature
Please Print Name Here
WARNING
ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR
THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANS—
FER TAX IS GUILTY OF A MISDEMEANOR.
(2000-7183)
4� ant$R� •
Escrow No. 113616
WHEN RECORDED MAIL TO:
•
CONFORMED COPY
(NAPA COUNTY RECORDER
OFFBCAL RECORDS
Date Recorded EFF12 1qqZ
Series No. IMI -3 2 9D
COMERICA BANK -CALIFORNIA
333 W. Santa Clara St., Second Fl.
San Jose, CA 95113
ATTN: Paula Belshaw/MC #4828
MODIFICATION
TO
DEED OF TRUST
THIS AGREEMENT, made this 4th day of February , 1997, between THE O'BRIEN
GROUP, a California corporation, the owner of the property granted and conveyed
under that certain Deed of Trust specified below and hereinafter referred to as
TRUSTOR; and COMERICA BANK -CALIFORNIA, a California Banking Corporation, as
present owner and holder of the indebtedness secured thereby and hereinafter
referred to as BENEFICIARY.
W I T N E S S E T H:
WHEREAS, TRUSTOR heretofore executed that certain Deed of Trust dated
November 15, 1996, irrevocably granting and conveying to FIRST AMERICAN TITLE
INSURANCE COMPANY, a corporation, hereinafter referred to as TRUSTEE, in trust,
with power of sale, the following described property:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
AND DESIGNATED EXHIBIT "A"
for the purpose of securing an indebtedness of $2,400,000.00, to BENEFICIARY, or
order, which Deed of Trust was recorded on December 6, 1996, under Series Number
1996 029475 of Official Records, in the office of the County Recorder of Napa
County, State of California.
AND WHEREAS, the parties hereto desire to modify said Deed of Trust.
NOW, THEREFORE, in consideration of the foregoing and other valuable
consideration, the parties hereto do hereby modify said Deed of Trust to provide
that the legal description therein shall read as follows:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
AND DESIGNATED EXHIBIT "B"
(Continued)
��5 " �� A h 1 t 1 i l C " "
O r d e r N o . 1 1 3 6 1 6
T R U S T O R d o e s h e r e b y g r a n t a n d c o n v e y t h e l a s t a b o v e d e s c r i b e d r e a l p r o p e r t y
t o T R U S T E E u n d e r s a i d D e e d o f T r u s t t o g e t h e r w i t h p o w e r o f s a l e a n d s u b j e c t t o
e a c h a n d a l l o f t h e t e r m s a n d c o n d i t i o n s o f s a i d D e e d o f T r u s t , i n c l u d i n g t h i s
m o d i f i c a t i o n a n d s u p p l e m e n t t h e r e t o .
I T I S F U R T H E R A G R E E D , b y a n d b e t w e e n t h e p a r t i e s h e r e t o , t h a t i n a l l o t h e r
r e s p e c t s n o t i n c o n s i s t e n t h e r e w i t h , t h e t e r m s , c o n d i t i o n s a n d p r i o r i t y o f s a i d
D e e d o f T r u s t a n d t h e N o t e ( s ) a n d / o r A g r e e m e n t ( s ) w h i c h i t s e c u r e s , w h i c h a r e
i n c o r p o r a t e d h e r e i n b y r e f e r e n c e t h e r e t o , s h a l l r e m a i n i n f u l l f o r c e a n d e f f e c t
a n d b e b i n d i n g h e r e o n . S a i d D e e d o f T r u s t a s h e r e b y m o d i f i e d s h a l l c o n s t i t u t e o n e
D e e d o f T r u s t .
I N W I T N E S S W H E R E O F , t h e p a r t i e s h e r e t o h a v e e x e c u t e d t h i s A g r e e m e n t t h e d a t e
f i r s t a b o v e w r i t t e n .
B E N E F I C I A R Y :
C O M E R I C A B A N K - C A L I F O R N I A ,
a C a l i f o r n i a c o r p o r a t i o n
a
m o d 5 ( r e v 1 / 9 1 )
S T A T E O F C A L I F O R N I A )
) s s .
C O U N T Y O F S i a O W L , )
T R U S T O R :
T H E O ' B R I E N G R O U P ,
a C a l i f o r n i a c o r v o r a t i o n
R o g e r
P r e s i d e n t
O n : : F f - . b I t 9 % , , b e f o r e m e , i o r . , t ' 6 C 1 6 , R W f z s - % A l b h p p e r s o n a l l y
a p p e a r e d s ' c o � j -
p e r s o n a l l y k n o w n t o m e ( c e ) t o
b e t h e p e r s o n ( X 5 w h o s e n a m e ( 4 i s / a . - - ' e s u b s c r i b e d t o t h e w i t h i n i n s t r u m e n t a n d
a c k n o w l e d g e d t o m e t h a t h e / s b e f t h e T e x e c u t e d t h e s a m e i n h i s / h e i r a u t h o r i z e d
c a a c c t a n d t h a t b y h i s / h r ' - ��- t h r s i g n a t u r e ( , ) o n t h e i n s t r u m e n t t h e
p e r s o n ��4 o r t h e e n t i t y u p o n b e h a l f o f w h i c h t h e p e r s o n ( ) a c t e d , e x e c u t e d t h e
i n s t r u m e n t .
W I T N E S S m y h a n d a n d o f f i c i a l s e a l .
N O T A R Y P U B L I C
( C o n t i n u e d )
w o n
QST �titER�c
Order No. 113616
STATE OF CALIFORNIA )
) ss.
'COUNTY OF San Mateo )
On Feb. 13, 1997 , before me, Michelle Lopez Nickelson personally
appeared Roger Olafson
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(W whose name(W issubscribed to the within instrument and
acknowledged to me that he/ executed the same in his authorized
capacity , and that by his signature(x) on the instrument the
person"O or the entity upon behalf of which the personal acted, executed the
instrument.
WITNESS my hand and official seal.
WWI
Foy V11 *4
S•i Aht�!{� t •
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EXHIBIT "A"
PARCEL ONE:
Lots 1 through 6, inclusive, as shown on Map No. 4872, entitled, "Record of Survey
of a Portion of the Lands of Newport North Unit No. 5, Book 15 of Maps at page 76
and Map No. 4783, Book 29 of Surveys at page 100, Napa County Records", filed
March 29, 1996 in Book 30 of Surveys at pages 61-62 in the office of the County
Recorder of said Napa County.
PARCEL TWO:
Non-exclusive Easements appurtenant to Parcel One above described, as set forth in
that certain document entitled, "Grant of Easements" dated May 31, 1994, executed
by the Napa Yacht Club Homeowner's Association, a California non-profit
corporation, and recorded June 8, 1994 under Series Number 1994 018818 of Official
Records of Napa County.
"
F A T C O / O ' B R I E N
R e v i s e d 0 2 / 1 4 / 9 7
1 1 3 6 1 6 - 2
E X H I B I T " 8 1 1
"
A D J U S T E D L O T 1 :
P A R C E L O N E :
A p o r t i o n o f L o t s 1 a n d 2 a s s h o w n o n M a p N o . 4 8 7 2 , e n t i t l e d , " R e c o r d o f S u r v e y o f a P o r t i o n o f t h e
L a n d s o f N e w p o r t N o r t h U n i t N o . 5 , B o o k 1 5 o f M a p s a t P a g e 7 6 a n d M a p N o . 4 7 8 3 , B o o k 2 9 o f S u r v e y s
a t P a g e 1 0 0 , N a p a C o u n t y R e c o r d s " , f i l e d M a r c h 2 9 , 1 9 9 6 i n B o o k 3 0 o f S u r v e y s a t p a g e s 6 1 - 6 2 i n t h e
o f f i c e o f t h e C o u n t y R e c o r d e r o f s a i d N a p a C o u n t y , a n d b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s :
B E G I N N I N G a t t h e N o r t h e a s t e r n c o m e r o f L o t 1 , a s s h o w n o n s a i d m a p ; t h e n c e a l o n g t h e S o u t h e a s t e r n
b o u n d a r y o f s a i d L o t 1 , S o u t h 0 0 0 2 3 ' 3 0 " W e s t 9 . 5 0 f e e t a n d S o u t h 4 9 0 2 4 ' 3 7 " W e s t 1 6 1 . 6 7 f e e t ; t h e n c e
N o r t h 4 0 � 3 5 ' 2 3 " W e s t 8 5 . 5 5 f e e t ; t h e n c e N o r t h 2 0 0 0 5 ' 5 7 " W e s t 5 4 . 3 8 f e e t t o a p o i n t o n t h e S o u t h e r l y
l i n e o f N o r t h N e w p o r t D r i v e a s s h o w n o n s a i d m a p , s a i d p o i n t b e a r s N o r t h 8 9 � 3 6 ' 3 0 " W e s t 1 1 . 5 6 f e e t
f r o m t h e N o r t h w e s t e r n c o m e r o f s a i d L o t 1 ; t h e n c e a l o n g s a i d S o u t h e r l y l i n e S o u t h 8 9 � 3 6 ' 3 0 " E a s t
1 9 7 . 1 9 f e e t t o t h e p o i n t o f b e g i n n i n g .
P A R C E L T W O :
N o n - e x c l u s i v e E a s e m e n t s a p p u r t e n a n t t o P A R C E L O N E a b o v e d e s c r i b e d , a s s e t f o r t h i n t h a t c e r t a i n
d o c u m e n t e n t i t l e d , " G r a n t o f E a s e m e n t s " d a t e d M a y 3 1 , 1 9 9 4 , e x e c u t e d b y t h e N a p a Y a c h t C l u b
H o m e o w n e r ' s A s s o c i a t i o n , a C a l i f o r n i a n o n - p r o f i t c o r p o r a t i o n , a n d r e c o r d e d J u n e 8 , 1 9 9 4 u n d e r S e r i e s
N u m b e r 1 9 9 4 0 1 8 8 1 8 o f O f f i c i a l R e c o r d s o f N a p a C o u n t y .
A D J U S T E D L O T 2 :
P A R C E L O N E :
A p o r t i o n o f L o t s 1 , 2 a n d 3 a s s h o w n o n M a p N o . 4 8 7 2 e n t i t l e d , " R e c o r d o f S u r v e y o f a P o r t i o n o f t h e
L a n d s o f N e w p o r t N o r t h U n i t N o . 5 , B o o k 1 5 o f M a p s a t P a g e 7 6 a n d M a p N o . 4 7 8 3 , B o o k 2 9 o f S u r v e y s
a t P a g e 1 0 0 , N a p a C o u n t y R e c o r d s " , f i l e d M a r c h 2 9 , 1 9 9 6 i n B o o k 3 0 o f S u r v e y s a t p a g e s 6 1 - 6 2 i n t h e
o f f i c e o f t h e C o u n t y R e c o r d e r o f s a i d N a p a C o u n t y , a n d b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s :
B E G I N N I N G a t t h e N o r t h e a s t e r n c o m e r o f L o t 1 , a s s h o w n o n s a i d m a p ; t h e n c e a l o n g t h e S o u t h e r l y l i n e o f
N e w p o r t N o r t h D r i v e a s s h o w n o n s a i d m a p N o r t h 8 9 0 3 6 ' 3 0 " W e s t 1 9 7 . 1 9 f e e t t o t h e t r u e p o i n t o f
b e g i n n i n g ; t h e n c e c o n t i n u i n g a l o n g s a i d S o u t h e r l y l i n e o f N o r t h N e w p o r t D r i v e N o r t h 8 9 0 3 6 ' 3 0 " W e s t
3 8 . 6 6 f e e t ; t h e n c e S o u t h 0 0 � 2 3 ' 3 0 " W e s t 9 5 . 5 0 f e e t ; t h e n c e S o u t h 4 0 0 3 5 ' 2 3 " E a s t 8 9 . 7 5 f e e t t o a p o i n t
o n t h e S o u t h e a s t e r l y l i n e o f s a i d L o t 2 , s a i d p o i n t b e a r s S o u t h 4 9 � 2 4 ' 3 7 " W e s t 4 3 . 2 7 f e e t f r o m t h e m o s t
E a s t e r n c o m e r o f s a i d L o t 2 ; t h e n c e a l o n g s a i d S o u t h e a s t e r l y l i n e o f s a i d L o t 2 a n d L o t 1 N o r t h 4 9 0 2 4 '
3 7 " E a s t 7 2 . 7 8 f e e t ; t h e n c e N o r t h 4 0 � 3 5 ' 2 3 " W e s t 8 5 . 5 5 f e e t ; t h e n c e N o r t h 2 0 0 0 5 ' 5 7 " W e s t 5 4 . 3 8 f e e t
t o t h e t r u e p o i n t o f b e g i n n i n g .
P A R C E L T W O :
N o n - e x c l u s i v e E a s e m e n t s a p p u r t e n a n t t o P A R C E L O N E a b o v e d e s c r i b e d , a s s e t f o r t h i n t h a t c e r t a i n
d o c u m e n t e n t i t l e d , " G r a n t o f E a s e m e n t s " d a t e d M a y 3 1 , 1 9 9 4 , e x e c u t e d b y t h e N a p a Y a c h t C l u b
H o m e o w n e r ' s A s s o c i a t i o n , a C a l i f o r n i a n o n - p r o f i t c o r p o r a t i o n , a n d r e c o r d e d J u n e 8 , 1 9 9 4 u n d e r S e r i e s
N u m b e r 1 9 9 4 0 1 8 8 1 8 o f O f f i c i a l R e c o r d s o f N a p a C o u n t y .
ADJUSTED LOT 3:
PARCEL ONE:
A portion of Lots 2, 3 and 4 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 890 36' 30" West 235.85 feet to the true point
of beginning; thence South 00° 23' 30" West 95.50 feet; thence South 40° 35' 23" East 89.75 feet to a
point on the Southeasterly line of said Lot 2; said point bears South 49° 24' 37" West 43.27 feet from the
most Eastern corner of said Lot 2; thence along said Southeasterly line of said Lot 2, Lot 3 and Lot 4
South 49° 24' 37" West 134.55 feet to the most Southern comer of said Lot 4; thence along the
Southwesterly line of said Lot 4, North 44° 58' 28" West 38.12 feet; thence North 130 08' 29" East
182.50 feet; thence North 000 23' 30" East 46.71 feet to said Southerly line of North Newport Drive, said
point bears North 89° 36' 30" West 28.98 feet from the Northeastern comer of said Lot 3; thence along
said Southerly line South 89° 36' 30" East 29.57 feet to the true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 4:
PARCEL ONE:
A portion of Lots 3, 4 and 5 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 890 36' 30" West 265.42 feet to the true point
of beginning; thence continuing along said Southerly line North 89° 36' 30" West 9.08 feet to the
Northeastern comer of said Lot 4; thence continuing along said Southerly line North 89° 36' 30" West
20.00 feet to the Northeastern comer of said Lot 5; thence continuing along said Southerly line North 89°
36' 30" West 31.18 feet; thence South 00° 23' 30" West 27.56 feet; thence South 13° 08' 29" West 152.98
feet to a point on the Southwesterly line of said Lot 5, said point bears North 500 54' 46" West 25.78 feet
from the most Southern comer of said Lot 5; thence along said Southwesterly line of said Lot 5 and Lot 4
South 50° 54' 46" East 35.24 feet and South 44° 58' 28" East 36.88 feet to a point that bears North 44°
58' 28" West 38.12 feet from the most Southern comer of said Lot 4; thence North 13° 08' 29" East
182.50 feet; thence North 000 23' 30" East 46.71 feet to the true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL TWO above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 5:
PARCEL ONE:
A portion of Lots 5 and 6 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys
at Page 100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the
office of the County Recorder of said Napa County, and being more particularly described as follows:
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 890 36' 30" West 325.68 feet to the true point
of beginning; thence South 00° 23' 30" West 27.56 feet; thence South 13° 08' 29" West 152.98 feet to a
point on the Southwesterly line of said Lot 5, said point bears North 50° 54' 46" West 25.78 feet from the
most Southern comer of said Lot 5; thence along said Southwesterly line of said Lot 5 North 50° 54' 46"
West 42.76 feet to the Southeastern comer of said Lot 6; thence along the Southwesterly line of said Lot 6
North 64* 09' 50" West 25.16 feet; thence North 130 08' 29" East 142.75 feet to said Southerly line of
North Newport Drive, said point bears North 89° 36' 30" West 5.03 feet from the Northeastern comer of
said Lot 6; thence along said Southerly line South 89° 36' 30" East 58.36 feet to the true point of
beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
ADJUSTED LOT 6:
PARCEL ONE:
A portion of Lot 6 as shown on Map No. 4872 entitled, "Record of Survey of a Portion of the Lands of
Newport North Unit No. 5, Book 15 of Maps at Page 76 and Map No. 4783, Book 29 of Surveys at Page
100, Napa County Records", filed March 29, 1996 in Book 30 of Surveys at pages 61-62 in the office of
the County Recorder of said Napa County, and being more particularly described as follows:
.7
COMMENCING at the Northeastern comer of Lot 1, as shown on said map; thence along the Southerly
line of North Newport Drive as shown on said map North 89° 36' 30" West 384.04 feet to the true point
of beginning; thence continuing along said Southerly line North 89° 36' 30" West 72.97 feet to the
Northwestern comer of said Lot 6; thence along the boundary of said Lot 6 South 000 23' 30" West 119.50
feet and South 640 09' 50" East 45.92 feet to a point that bears North 640 09' 50" West 25.16 feet from
the most Western comer of Lot 5, as shown on said map; thence North 13° 08' 29" East 142.75 feet to the
true point of beginning.
PARCEL TWO:
Non-exclusive Easements appurtenant to PARCEL ONE above described, as set forth in that certain
document entitled, "Grant of Easements" dated May 31, 1994, executed by the Napa Yacht Club
Homeowner's Association, a California non-profit corporation, and recorded June 8, 1994 under Series
Number 1994 018818 of Official Records of Napa County.
The consolidation of underlying lots, parcels or portions thereof as set forth in the above metes and bounds
description, constitutes an expressed written statement of the Grantor, merging said underlying lots, parcels
or portions thereof pursuant to Section 1093 of the California Civil Code.
i
L 7 LINE ADJUSTW-7'NT
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1 N O O R P O R A T E D
CONSULTING CIVIL ENGINEERS
1541 THIRD STREET a NAPA. CAUFORNW 94559 0 (707) 252-3301
JOB AV. SWJcr2 OF 9
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CONSULTING CIVIL ENGINEERS
1541 THIRD STREET a NAPA. CAUFORNIA 94559 a (707) 252-3301
J9B AV 46-4 9 0 Pi E i:;h 7-9 LOR M46 M17 _q OF _q
Lot name: 1
North: 4867.3178 East: 4803.1801
Line Course: N 49-24-37 E Length: 161.67
North: 4972.5056 East: 4925.9494
Line Course: N 00-23-30 E Length: 9.50
North: 4982.0053 East: 4926.0143
Line Course: N 89-36-30 W Length: 197.19
North: 4983.3533 East: 4728.8287
Line Course: S 20-05-57 E Length: 54.38
North: 4932.2862 East: 4747.5156
Line Course: S 40-35-23 E Length: 85.55
North: 4867.3178 East: 4803.1801
Perimeter: 508.29 Area: 12,784.16 sq.ft. 0.29 acres
. ® •
Lot name: 2
North: 4819.9631 East: 4747.9103
Line Course: N 49-24-37 E Length: 72.78
North: 4867.3178 East: 4803.1801
Line Course: N 40-35-23 W Length: 85.55
North: 4932.2862 East: 4747.5156
Line Course: N 20-05-57 W Length: 54.38
North: 4983.3533 East: 4728.8287
Line Course: N 89-36-30 W Length: 38.66
1 North: 4983.6176 East: 4690.1704
Line Course: S 00-23-30 W Length: 95.50
North: 4888.1158 East: 4689.5176
Line Course: S 40-35-23 E Length: 89.75
North: 4819.9631 East: 4747.9103
Perimeter: 436.62 Area: 10,119.01 sq.ft. 0.23 acres
Lot name: 3
North: 4819.9631 East: 4747.9103
Line Course: N 40-35-23 W Length: 89.75
North: 4888.1158 East: 4689.5176
Line Course: N 00-23-30 E Length: 95.50
North: 4983.6176 East: 4690.1704
Line Course: N 89-36-30 W Length: 29.57
North: 4983.8197 East: 4660.6019
Line Course: S 00-23-30 W Length: 46.71
North: 4937.1081 East: 4660.2826
Line Course: S 13-08-29 W Length: 182.50
North: 4759.3888 East: 4618.7906
Line Course: S 44-58-28 E Length: 38.12
North: 4732.4201 East: 4645.7352
Line Course: N 49-24-37 E Length:(34-5=5")
North: 4819.9631 East: 4747.9103
Perimeter:, 616.70 Area: 14,442.46 sq.ft. 0.33 acres.
. 0 •
Lot name: 4
North: 4807.6946 East: 4565.3743
Line Course: N 13-08-29 E Length: 152.98
North: 4956.6699 East: 4600.1555
Line Course: N 00-23-30 E Length: 27.56
North: 4984.2316 East: 4600.3439
Line Course: S 89-36-30 E Length: 60.26
North: 4983.8197 East: 4660.6019
Line Course: S 00-23-30 W Length: 46.71
North: 4937.1081 East: 4660.2826
Line Course: S 13-08-29 W Length: 182.50
North: 4759.3888 East: 4618.7906
Line Course: N 44-58-28 W Length: 36.88
North: 4785.4768 East: 4592.7258
Line Course: N 50-54-46 W Length: 35.24
North: 4807.6946 East: 4565.3743
Perimeter: 542.13 Area: 12,738 sq.fi. 0.29 acres
Lot name: 5
North: 4807.6946 East: 4565.3743
Line Course: N 13-08-29 E Length: 152.98
North: 4956.6699 East: 4600.1555
Line Course: N 00-23-30 E Length: 27.56
North: 4984.2316 East: 4600.3439
Line Course: N 89-36-30 W Length: 58.36
North: 4984.6305 East: 4541.9892
Line Course: S 13-08-29 W Leng;h: 142.75
North: 4845.6222 East: 4509.5350
Line Course: S 64-09-50 E Length: 25.16
North: 4834.6560 East: 4532.1832
Line Course: S 50-54-46 E Length: 42.76
North: 4807.6946 East: 4565.3743
Perimeter: 449.57 Area: 9,996.32 sq.fi. 0.22 acres
Lot name: 6
North: 4845.6222 East: 4509.5350
Line Course: N 13-08-29 E Length: 142.75
North: 4984.6305 East: 4541.9892
Line Course: N 89-36-30 W Length: 72.97
North: 4985.1293 East: 4469.0250
Line Course: S 00-23-30 W Length: 119.50
North: 4865.6326 East: 4468.2081
Line Course: S 64-09-50 E Length: 45.92
North: 4845.6222 East: 4509.5350
Perimeter: 381.13 Area: 7,556.80 sq.ft. 0.17 acres
1 Completed Application Form
1 Lot Line Adjustment Map
1 Preliminary Title Report
1 Check 112656 for $500
REMARKS:
We would like to submit the following application for lot line
adjustment. ' By adjusting the' boundaries we can better
integrate pre -approved house plans in the space provided,
hence adding to the overall aesthetics of the neighborhood.
Thank You.
Peter Riechers PE
Alan R. Spence PE
1541 Third Street
Napa, California
9 4 5 5 9
707 o 252 c 3301
FAX 252 o 4966
/GNEDT]Br$tz�i 13a llerimi
Project Nalmager . I
1
6 _ LETTER OF TRRNBX3PZT&L
Riechers
Shinnamon
& Spence
DATE 12\05\96
JOB. NO. 96-80
Inc.
3&56789.7
CONSULTING
CIVIL ENGINEERS
:
TO City of Napa
PLANNERS
Planning Department
SURVEYORScy-
p
M
,996
�1 1uC �a
FROM : Brian A. Ballerini
�
�0i Napa
RES Newport North #5 LLA
e� pian�m8 �
lk 6v`d
S��ZEZZZ�ZO'L
We are sending you via Courier
the following items:
COPIES #OF SHEETS
DESCRIPTION
1 Completed Application Form
1 Lot Line Adjustment Map
1 Preliminary Title Report
1 Check 112656 for $500
REMARKS:
We would like to submit the following application for lot line
adjustment. ' By adjusting the' boundaries we can better
integrate pre -approved house plans in the space provided,
hence adding to the overall aesthetics of the neighborhood.
Thank You.
Peter Riechers PE
Alan R. Spence PE
1541 Third Street
Napa, California
9 4 5 5 9
707 o 252 c 3301
FAX 252 o 4966
/GNEDT]Br$tz�i 13a llerimi
Project Nalmager . I
1
PERC
INTER -DEPARTMENTAL
MENTAL
REFERRAL
SUBJECT: PERC meeting on 12/31
TO: Building Community Resources Environ. Health
Fire Police Napa Sanitation
PW - Eng. Planning (6 copies)
PW - Water PERC file
FROM: Scott Klingbeil, 12/16/96 NOTE: NO FULL-SIZE PLANS
FILE NUMBER: 96-127 PREVIOUS #s: many DATE FILED: 12/5/96
Project Name: Yacht Club Lot Line Adjustment
Applicant: O'Brien Group (Brian Ballerini)
Site Address: 21-37 Newport Drive North 2001 Windward Way #200
APNS #: 43-400-67 to 71 San Mateo, CA 94404
Requests: Lot Line Adjustment Phone: (415) 377-0300
PROJECT DESCRIPTION: Request to modify the lot lines for six existing residential lots within
the Napa Yacht Club. The proposed modifications would allow for better orientation of the
approved house plans.
ZONING RL-6:FP, Residential District: Floodplain Overlay
PRELIMINARY PROJECT ISSUES: Are lot modifications consistent with original approval
ATTACHMENTS: Applicant's letter, Lot Line Maps, Location Map
IMPORTANT DUE DATES: PU>= 1 U 3107
i`�L'Re
IkA- c hie v�-�� �- GOhd�/ o K/ 40r
This department has NO comment§
(If your department has no comments, please sign, date, and return a copy of this sheet by the comment due date.)
The Project Evaluation Review Committee (PERC) meeting is held each Tuesday at 1:30 P.M. in the Planning Department
Conference Room. All interested agencies are invited to attend. It is recommended that you call the project planner prior to
attending to confirm that a project is still on the agenda.
L94T UNE ADJUST*ENT
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S C A M E R
C
P y
First American Title
Company of Napa
January 31, 1997
1700 Second Street
P.O. Box 388
Napa John Roche
City of Napa
California 94559 Department of Public Works
Fax 707.226.9346 1600 First Street
Tel 707.226.9341 Napa, CA 94559
Re: Lot Line Adjustment
The O'Brien Group
Our No. 113616
Napa Yacht/Newport North Unit No. 5
Dear John:
Attached are the check deeds for the above captioned Lot Line
Adjustment.
If any further information or documentation is needed in reference to the
above, please feel free in contacting the undersigned.
Very truly yours,
FIRST AMERICAN TITLE COMPANY OF NAPA
By: "tel QJ,'
Bill Prentice
Title Officer
BP/kd
Fncl.
r�•1-rwn,=..�Kz.._�,p�,ti,�.f; �- -. - � ...�� 7":.,4�..-�� s n.:--,r�.., r '�.sar-' ,. ,... .� - -...Jr Y, .. - _ _.
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TO
OOTYY OF NAPA
Public Works Department
1600 FIRST STREET
P.O. BOX 660
NAPA, CALIFORNIA 94559
TELEPHONE (707) 257-9520
FAX # 707-257-9522
r t tt 1 T % vas r t2.1 c a-0 T, TL (=-
1'7GG SrG6uD Si .
I' -t if & Co. . 0/4 If 9
GENTLEMEN:
WE ARE SENDING YOU
❑ Prints
❑ Descriptions
DATE
ATTENTION
RE:
`/A -G t+TCj-yA
LcT-1 1 S'
30 RA 6 1 4 61-
❑ Attached ❑ Under separate cover via
❑ Change Order #
❑ Pay Estimate #
❑ Plans
the following items:
❑ Quantity & Cost Estimates
❑ Specifications ❑
COPIES
DATE
NO.
DESCRIPTION
1- D�I�gi — ��El✓b I
THESE ARE TRANSMITTED as checked below:
❑ For signature ❑ Approved as submitted
❑ For your file
❑ Approved as noted
❑ Resubmit copies for approval
❑ Submit copies for distribution
13
As requested 13Returned for corrections Return corrected prints
)l For review and comment ❑ For your information ❑
REMARKS TKE I?6."tz L- No'( A -it a Cow rvl i*,c Giv ru-r
(0 1--y d F.a--I
Name/Title
FORM E-98 3x NCR
HS
LETTER OF TRANSMITTAL
&A-
4:-�N-7 9 6 B0
DATE 2"3 J eA^ JOB NO.
RiechersTO
0% r a
Spence &
Associates
J ti R e
,� ��, e
Incorporated
CONSULTING
CIVIL ENGINEERS
PLANNERS
SURVEYORS
RE N4+4( ---A V,4 -c W -t
We are sending you via the following items:
COPIES NO. DESCRIPTION
1 <.V=T a-, 6, w-
.5'r ---r re-f---r-L-I64L5
REMARKS
Peter Riechers PE
Alan R. Spence PE COPY TO
SIGNED
1541 Third Street
Napa, California
9 4 5 5 9
707 a 252 o 3301
FAX 252 o 4966
rs@napanet.net
LETTER OF TRANSMITTAL
Riechers TO
Spence &
JL
Associates
Incorporated A
CONSULTING -
CIVIeENGINEERS
PLANNERS
SURVEYORS
DATE
RE j" A d... (i -
1-L-1'1
JOB NO. 16 C3
We are sending you via \" ��% the following items:
COPIES NO.
1 Glss�, s
'. REMARKS
Peter Riechers PE
Alan R. Spence PE COPY TO
1541 Third Street
Napa. California
9 4 5 5 9
707 o 252 o 3301
FAX 252 a 4966
rs®napanet.net
DESCRIPTION
SIGNED IA6=
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C M D K e y s : 1 - R T N 2 - N e x t 4 - E n g . 5 - A p p l i c 6 - T r a c k 1 2 - S t a t e m e n t 2 4 - M E M O P A D
Proj. Planner: S
Proj . Engineer: 4j�k l
Title Co.: bgrco
Pvt. Engineer: 1Z ke O,
CITY OF NAPA aµu e .
POMC WOE= DEPAI l'
IAT LINE ADIUSTMENT .aux2mm T
PROTECT NAME: 114-cWT tL 013 LLA APN: $3- 400 - 071-r,#&L1 074
P1CJECT NUMBER: 9(—aL7 Lt ADDRESS:
Initials Date LdT3 1"N(au6 UP its 61f&I
A) INITIAL REVIEW
1) Project Referral received from the Planning Dept.
2) Office and field check completed.
3) Conditions of approval (Form E. 75G) ccanpleted and
distributed to Planning Dept,
B) PFtWE= APPRDVAL
✓ d 1) PERC approved on 4,/ :9.?
2) Fetter of project approval from Planning Dept. to
applicant received. Ten day appeal period
ends t/36 197
3) Conditions of approval received from all agencies.
V
C)
1) IagxVvenmt Plan submitted (3 sets) .
2) Plan check fee collected.
3) Distributed to Planning Dept. for comments-
4) Approval received from Planning Dept.
5) Public Works Director signed.
D) FX:7C[ITION
1) Legal descriptions checked and approved.
2) Bond posted.
3) Lot Lime Adjustment Agreement signed
4) Encroactanent permit issued.
5) Expiration Date: 11 �S ✓
t% 6) Account balance checked. U,L.L =a 3/t7/47 i t.
7) Public Notice of Approval and recording data,%delivered
to County.Assessor. \ As(. wJP,— rte's ?
tLAELL47 8) Deeds recorded. l"7 op37tS P"- 37L�b
9) inprov+ements installed and bonds may be released.
10) Account balance checked.
11) Bond released and account balance closed. °
Attach sheet to inside left cover of file.
LT.CH Y`K S/F RW 3
Revised 12-11-90
lot line adjustment checklist
E -75C
WINIT
cCBTYof NAPA
January 14, 1997
O'Brien Group
c% Dean Dills
2001 Winward Way #200
San Mateo, CA 94404
Re: Lot Line Adjustment #96-127-L]L
Napa Valley Yacht Club
Dear RRr.Mills:
PLANNING DEPARTMENT
1600 First Street
PO Box 660
Napa, Califomia 94559-0660
(707) 257-9530
The Project Evaluation and Review Committee (FERC) approved your lot line adjustment request subject to the
following conditions:
1. Prior to the Lot Line Adjustment being recorded, you must submit a revised legal description to John
Roche, Public Works Department, Administrative/Annexation Assistant. Myou have any questions,
please contact him at 257-9520.
2. Public Works Department: See Standard Conditions
3. Public works Water Division: See memo dated 01/13/97
4. Fire Department: No comments.
5. Parks Department: No comments.
6. Department of Environmental Health: No comments.
7. Napa Sanitation District: See memo dated 01/02/07
This action is subject to all other City requirements. Appeals must be filed prior to 5:00 p.m. on January 30, 1997.
pKely,
a
e
Scott Klingbeil
Assistant Planner
cc: John Roche, Public Works Department
COTY OF NAPA
ONTER-OFFOCE MEMORANDUM
To: Scott Klingbeil, Planning
F ro f 1 1: Phil Brun,• 1'47
Date: January 13, 1997
Subject: Yacht Club Lot Line Adjustment
Pile Number 96-127
The above named project must comply with the requirements listed below. Any
questions concerning these conditions should be brought to the attention of the Public
Works Department, Water Division.
SpeclaO Condo tions of Approvak
1. Water meters shall be relocated, as necessary, to the frontage of each new lot.
Required fees to abandon existing service pipe(s), install new service pipe(s), and
set new meter(s) shall be paid prior to service being activated.
2. Water meters shall not be placed within driveway area.
96-127.DOC
S•C Ab1ER�C
41¢ 92
`R�
FIRST AMERICAN TITLE COMPANY OF NAPA
PRELIMINARY REPORT
RIECHERS , SHINNAMON & FM§ 6 78
1541 Third St. /`� ep
Napa, CA 94559 n'' ���
Attn: Brian
c9
CIO)
DEC 1996
RECEIVED �
City of Napa
Planning
V
v
ORDER NUMBER: 113616
ESCROW OFFICER: KATHY DEGAINE
TITLE OFFICER: BILL PRENTICE
OFFICE ADDRESS: 1700 Second St./P.O. Box 388
Napa, CA 94559
TELEPHONE NO: [707] 226-9341
PURPORTED PROPERTY ADDRESS:
NONE ASSIGNED
In response to the above referenced application for a policy of title insurance,
this Company hereby reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land
and the estate or interest therein hereinafter set forth, insuring against loss
which may be -sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception 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 Exhibit A attached. Copies of the Policy forms should be read.
They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and
exclusions set forth in Exhibit A of this report carefully. 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 items, defects,
and encumbrances affecting title to the land.
The 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 policy of title insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
American Land Title Association Owner's Policy - 1992 with Regional Exceptions
[Standard Coverage]
American Land Title Association Loan Policy - 1992 with A.L.T.A. Endorsement
Form 1 Coverage [Extended Coverage]
Dated as of November 12, 1996 at 7:30 A.M. By:
Authorized Signatory
5t AN1ER�C ® •
0 9
d
R Order No: 113616
Title to said estate or interest at the date hereof is Vested in:
137 NAPA RIVER ASSOCIATES, L.P.,
a California Limited Partnership,
AS TO TRACT ONE;
and
THE O'BRIEN GROUP,
a California corporation,
AS TO TRACT TWO
The estate or interest in the land hereinafter described or referred to covered by
this Report is:
A FEE as to PARCEL ONE, TRACTS ONE and TWO; AN EASEMENT as to PARCEL TWO, TRACTS ONE
and TWO
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1. TAXES, general and special, for the fiscal year beginning July 1, 1996:
Parcel/Assessment #043-400-008 Code 2040
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0- 1st Inst. $291.52
/Fixtures -0- 2nd Inst. $291.52
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-009
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0-
/Fixtures -0-
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-010
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0-
/Fixtures -0-
Personal Property -0-
Exemptions -0-
(Continued)
Code 2040
1st Inst. $291.77
2nd Inst. $291.77
Code 2040
1st Inst. $291.82
2nd Inst. $291.82
S.0 ANtER� ® •
0 C
9
� $ GA -
Order No.
EXCEPTIONS (continued)
Parcel/Assessment #043-400-011 Code 2040
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0- 1st Inst. $291.92
/Fixtures -0- 2nd Inst. $291.92
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-012 Code 2040
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0- lst Inst. $292.20
/Fixtures -0- 2nd Inst. $292.20
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-053 Code 2040
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0- 1st Inst. $292.64
/Fixtures -0- 2nd Inst. $292.64
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-054 Code 2040
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0- 1st Inst. $291.95
/Fixtures -0- 2nd Inst. $291.95
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-055 Code 2040
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0- lst Inst. $292.19
/Fixtures -0- 2nd Inst. $292.19
Personal Property -0-
Exemptions -0-
(Continued)
113616
St AM1tERY
C
♦Q 9
EXCEPTIONS (continued)
Parcel/Assessment #043-400-056
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0-
/Fixtures -0-
Personal Property -0-
Exemptions -0-
Parcel/Assessment #043-400-057
Assessed Values:
Land $ 56,273
Imp/Strl -0-
/Grow -0-
/Fixtures -0-
Personal Property -0-
Exemptions -0-
Order No. 113616
Code 2040
1st Inst. $292.59
2nd Inst. $292.59
Code 2040
1st Inst. $292.89
2nd Inst. $292.89
2. SUPPLEMENTAL TAXES pending, a lien but not yet due or payable.
Assessor's Parcel #043-400-008 Assessment #995-079-227
Event date: - - - Notice date: - - -.
3. The lien of SUPPLEMENTAL TAXES, if any, assessed pursuant to provisions of
Chapter 3.5 Revenue and Taxation Code, Section 75 et seq.
4. Terms, provisions and conditions as set forth in Resolution No. 87-114 by the
Napa City Council in relation to Newport North Unit No. 5 and Newport North Unit
No. 5-A
Recorded: June 2, 1987 in Book 1519 at page 790 of Official Records of Napa
County.
5. Any rights, interests or claims which may exist or arise by reason of the
following matter(s), as shown on the map entitled, "Final Map of Newport North
Unit 5-A", filed February 4, 1988 in Book 15 of Maps at pages 80-86, in the
office of the County Recorder of said Napa County:
a) Public Utility Easement, 10 feet in width and the irrevocable offer for
dedication thereof;
b) Type "C" Storm Drainage Easement. [AFFECTS LOT 1];
c) Type "A" Storm Drainage Easement. [AFFECTS LOTS 6 and 7.];
d) Public Utility Easement, 20 feet in width. [AFFECTS LOTS 8 and 9.]; and
e) Conditions.pertaining to building permits and zoning clearance.
6. Easement, 10 feet in width, for underground and aboveground facilities and
incidental purposes as conveyed in the document
To: PACIFIC GAS AND ELECTRIC COMPANY, a California corporation
Recorded: October 21, 1988 in Book 1616 at page 207 of Official Records of
Napa County. [AFFECTS LOTS 5 and 6.]
(Continued)
s� An1eR♦ ® •
•mss
Order No. 113616
EXCEPTIONS (continued)
7. Covenants, Conditions, Restrictions and Easements but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin to the extent such covenants, conditions or restrictions violate 42 USC
3604(c), as set out in that certain Declaration of Restrictions for Napa Yacht
Club
Declarant: LYON COMMUNITIES, INC., a California corporation
Recorded: March 15, 1990 in Book 1723 at page 573 of Official Records of
Napa County. [Said Declaration contains Mortgage Protection
Clause and provides for annual assessments.]
First Amendment
Recorded: June 8, 1994 under Series Number 1994 018817 of Official Records
of Napa County.
Certificate of Developer Designation
Recorded: June 20, 1994 under Series Number 1994 020239 of Official Records
of Napa County.
Rerecorded: August 1, 1994 under Series Number 1994 024020 of Official Records
of Napa County.
Certificate of Developer Designation
Recorded: -June 20, 1994 under Series Number 1994 020240 of Official Records
of Napa County.
Rerecorded: August 1, 1994 under Series Number 1994 024037 of Official Records
of Napa County.
Certificate of Developer Designation
Recorded: June 20, 1994 under Series Number 1994 020241 of Official Records
of Napa County.
Second Amendment
Recorded: November 18, 1994 under Series Number 1994 034243 of Official
Records of Napa County.
Declaration of Annexation
Recorded: December 6, 1994 under Series Number 1994 035562 of Official
Records of Napa County.
Declaration of Annexation
Recorded: December 6, 1994 under Series Number 1994 035561 of Official
Records of Napa County.
Third Amendment
Recorded: May 2, 1995 under Series Number 1995 009481 of Official Records of
Napa County.
(Continued)
SC AM1tE/t�
Q c
9
bkder No. 113616
ECLP4 0'NS (continued)
8. Terms and Conditions as contained in the Grant of Easements by and
Between: THE NAPA YACHT CLUB HOMEOWNERS ASSOCIATION, a California
non-profit corporation
And: WILCO ONE, INC., a Delaware corporation
Recorded: June 8, 1994 under Series Number 1994 018818 of Official Records
of Napa County.
9. Terms and
Conditions as contained in the Memorandum of Covenants Contained in
Partnership
Agreement by and
Between:
IHP INVESTMENT FUND I, L.P., a California limited partnership
And:
THE O'BRIEN GROUP, a California corporation
And:
137 NAPA RIVER ASSOCIATES, L.P., a California limited partnership
Recorded:
June 20, 1994 under Series Number 1994 020236 of Official Records
of Napa County.
10. Terms and
Conditions as contained in Resolution No. 94 -061 -FR of the City of Napa
Planning
Commission Approving Final Architectural Review for O'Brien and Hicks
(94-061)
Recorded:
June 24, 1994 under Series Number 1994 020892 of Official Records
of Napa County.
11. Any rights, interests or claims which may exist or arise by reason of the
following matter(s), as shown on the map entitled, "Record of Survey of a Portion
of the Lands of Newport North Unit No. 5, Book 15 of Maps at page 76 and Map No.
4873, Book 29 of Surveys at page 100, Napa County Records", filed February 4,
1996 in Book 30 of Surveys at pages 61-62, in the office of the County Recorder
of said Napa County:
a) Lagoon Setback Line. [AFFECTS ALL LOTS HEREIN.]; and
b) Private Drive, P.U.E. and Water Easement. [AFFECTS ALL LOTS HEREIN.]
12. The consolidation of underlying lots, parcels or portions thereof as set forth
pursuant to Section 1093 of the California Civil Code as contained in the Deed
To: THE O'BRIEN GROUP, a California corporation
Recorded: July 5, 1996 under Series Number 1996 016295 of Official Records
of Napa County.
[Said statement evidences a notice of enforcement of a governmental regulation,
eliminating any such underlying lots, parcels or portions in favor of the single
parcel of land described as TRACT TWO herein.]
13. The consolidation of underlying lots, parcels or portions thereof as set forth
pursuant to Section 1093 of the California Civil Code as contained in the Deed
To: 137 NAPA RIVER ASSOCIATES, L.P., a California Limited Partnership
Recorded: July 5, 1996 under Series Number 1996 016296 of Official Records
of Napa County.
(Continued)
S.t A M11ER�
41 92
Order No. 113616
EXCEPTIONS (continued)
[Said statement evidences a notice of enforcement of a governmental regulation,
eliminating any such underlying lots, parcels or portions in favor of the single
parcel of land described as TRACT ONE herein.]
14. Information in possession of this Company indicates that a transfer of land is
contemplated involving the land described in this report. Such transfer of land
would appear to fall within the purview of the Subdivision Map Act (G.C. 66410 et
seq.) Although the policy or policies to be issued do not insure against loss by
reason of such matters, as a prerequisite to the issuance of the final title
evidence, this Company will require completion of an approved Lot Line Adjustment
in compliance with the local city or county ordinances currently in effect.
-END OF EXCEPTIONS-
SC Ah1E'R ® •
� C
1 'y
_ 2
r R
Order No. 113616
L
INFORMATIONAL NOTES:
a) There have been no Deeds recorded within the last two years prior to the date
of this report transferring title to the herein described property, except the
following:
Corporation Grant Deed
From: THE NAPA YACHT CLUB HOMEOWNERS' ASSOCIATION, a non-profit
corporation
To: FIRST AMERICAN TITLE COMPANY OF NAPA, a California corporation
Recorded: July 5, 1996 under Series Number 1996 016290 of Official Records
of Napa County.
Corporation Grant Deed
From: THE O'BRIEN GROUP
To: FIRST AMERICAN TITLE COMPANY OF NAPA, a California corporation
Recorded: July 5, 1996 under Series Number 1996 016292 of Official Records
of Napa County.
Grant Deed
From: 137 NAPA RIVER ASSOCIATES, L.P., a California limited
partnership
To: FIRST AMERICAN TITLE COMPANY OF NAPA, a California corporation
Recorded: July 5, 1996 under Series Number 1996 016293 of Official Records
of Napa County.
Corporation Grant Deed
From: FIRST AMERICAN TITLE COMPANY OF NAPA
To: THE O'BRIEN GROUP, a California corporation
Recorded: July 5, 1996 under Series Number 1996 016295 of Official Records
of Napa County.
Corporation Grant Deed
From: FIRST AMERICAN TITLE COMPANY OF NAPA
To: 137 NAPA RIVER ASSOCIATES, L.P., a California limited
partnership
Recorded: July 5, 1996 under Series Number 1996 016296 of Official Records
of Napa County.
b) Latest insured transaction
Recorded: December 29, 1992 under Series Number 1992 043522 of Official
Records of Napa County.
c) The creation document(s) for the herein described land is/are Record of Survey,
filed February 4, 1996 in Book 30 of Surveys at pages 61-62.
d) The Assessor's Parcel Number(s) [APN's], if any, contained in the legal
description herein, are for quick identification purposes only, and are not a
part of the actual legal descriptions. While such APN's may appear in
documents to be recorded, they will not appear in the legal description on any
policy of title insurance to be issued.
S•C A AtER� ® •
0 C
1 9
Order No: 113616
The land referred to herein is situated in the State of California, County of Napa,
and is described as follows:
TRACT ONE:
PARCEL ONE:
Lot 10, as shown on Map No. 4872, entitled, "Record of Survey of a Portion of the
Lands of Newport North Unit No. 5, Book 15 of Maps at page 76 and Map No. 4783,
Book 29 of Surveys at page 100, Napa County Records", filed March 29, 1996 in Book
30 of Surveys at pages 61-62 in the office of the County Recorder of said Napa
County.
APN 043-400-067 through -076
PARCEL TWO:
Non-exclusive Easements appurtenant to Parcel One above described, as set forth in
that certain document entitled, "Grant of Easements" dated May 31, 1994, executed
by the Napa Yacht Club Homeowner's Association, a California non-profit
corporation, and recorded June 8, 1994 under Series Number 1994 018818 of Official
Records of Napa County.
TRACT TWO: -
PARCEL ONE:
Lots 1 through 9, inclusive, as shown on Map No. 4872, entitled, "Record of Survey
of a Portion of the Lands of Newport North Unit No. 5, Book 15 of Maps at page 76
and Map No. 4783, Book 29 of Surveys at page 100, Napa County Records", filed March
29, 1996 in Book 30 of Surveys at pages 61-62 in the office of the County Recorder
of said Napa County.
PARCEL TWO:
Non-exclusive Easements appurtenant to Parcel One above described, as set forth in
that certain document entitled, "Grant of Easements" dated May 31, 1994, executed
by the Napa Yacht Club Homeowner's Association, a California non-profit
corporation, and recorded June 8, 1994 under Series Number 1994 018818 of Official
Records of Napa County.
��S " t A M 1 t E R 7 C � "
�� 9
O r d e r N o : 1 1 3 6 1 6
N O T I C E
I n a c c o r d a n c e w i t h S e c t i o n s 1 8 6 6 2 a n d 1 8 6 6 8 o f t h e R e v e n u e a n d T a x a t i o n C o d e , a
b u y e r m a y b e r e q u i r e d t o w i t h h o l d a n a m o u n t e q u a l t o t h r e e a n d o n e - t h i r d p e r c e n t
o f t h e s a l e s p r i c e i n t h e c a s e o f t h e d i s p o s i t i o n o f C a l i f o r n i a r e a l p r o p e r t y
i n t e r e s t b y e i t h e r :
1 . A s e l l e r w h o i s a n i n d i v i d u a l w i t h a l a s t k n o w n s t r e e t a d d r e s s o u t s i d e o f
C a l i f o r n i a o r w h e n t h e d i s b u r s e m e n t i n s t r u c t i o n s a u t h o r i z e t h e p r o c e e d s b e
s e n t t o a f i n a n c i a l i n t e r m e d i a r y o f t h e s e l l e r , O R
2 . A c o r p o r a t e s e l l e r w h i c h h a s n o p e r m a n e n t p l a c e o f b u s i n e s s i n C a l i f o r n i a .
T h e b u y e r m a y b e c o m e s u b j e c t t o p e n a l t y f o r f a i l u r e t o w i t h h o l d a n a m o u n t e q u a l
t o t h e l e s s e r o f 1 0 p e r c e n t o f t h e a m o u n t r e q u i r e d t o b e w i t h h e l d o r f i v e h u n d r e d
d o l l a r s ( $ 5 0 0 . 0 0 ) .
H o w e v e r , n o t w i t h s t a n d i n g a n y o t h e r p r o v i s i o n i n c l u d e d i n t h e C a l i f o r n i a s t a t u t e s
r e f e r e n c e d a b o v e , n o b u y e r w i l l b e r e q u i r e d t o w i t h h o l d a n y a m o u n t o r b e s u b j e c t
t o p e n a l t y f o r f a i l u r e t o w i t h h o l d i f :
1 . T h e s a l e s p r i c e o f t h e C a l i f o r n i a r e a l p r o p e r t y c o n v e y e d d o e s n o t e x c e e d o n e
h u n d r e d t h o u s a n d d o l l a r s ( $ 1 0 0 , 0 0 0 . 0 0 ) , O R
2 . T h e s e l l e r e x e c u t e s a w r i t t e n c e r t i f i c a t e , u n d e r t h e p e n a l t y o f p e r j u r y ,
c e r t i f y i n g t h a t t h e s e l l e r i s a r e s i d e n t o f C a l i f o r n i a , o r i f a c o r p o r a t i o n ,
h a s a p e r m a n e n t p l a c e o f b u s i n e s s i n C a l i f o r n i a , O R
3 . T h e s e l l e r , w h o i s a n i n d i v i d u a l , e x e c u t e s a w r i t t e n c e r t i f i c a t e , u n d e r t h e
p e n a l t y o f p e r j u r y , t h a t t h e C a l i f o r n i a r e a l p r o p e r t y b e i n g c o n v e y e d i s t h e
s e l l e r ' s p r i n c i p a l r e s i d e n c e ( a s d e f i n e d i n S e c t i o n 1 0 3 4 o f t h e I n t e r n a l
R e v e n u e C o d e ) .
T h e s e l l e r i s s u b j e c t t o p e n a l t y f o r k n o w i n g l y f i l i n g a f r a u d u l e n t c e r t i f i c a t e f o r
t h e p u r p o s e o f a v o i d i n g t h e w i t h h o l d i n g r e q u i r e m e n t .
T h e C a l i f o r n i a s t a t u t e s r e f e r e n c e d a b o v e i n c l u d e p r o v i s i o n s w h i c h a u t h o r i z e t h e
F r a n c h i s e T a x B o a r d t o g r a n t r e d u c e d w i t h h o l d i n g a n d w a i v e r s f r o m w i t h h o l d i n g
o n a c a s e - b y - c a s e b a s i s .
T h e p a r t i e s t o t h i s . t r a n s a c t i o n s h o u l d s e e k a n a t t o r n e y ' s , a c c o u n t a n t ' s , o r
o t h e r t a x s p e c i a l i s t ' s o p i n i o n c o n c e r n i n g t h e e f f e c t o f t h i s l a w o n t h i s
t r a n s a c t i o n a n d s h o u l d n o t a c t o n a n y s t a t e m e n t s m a d e o r o m i t t e d b y t h e e s c r o w
o r c l o s i n g o f f i c e r .
F o r m N o . 4 0 0 1 ( 1 2 / 9 1 )
��S . t A M E R J C � "
9
K
N O T I C E
S e c t i o n 1 2 4 1 3 . 1 o f t h e C a l i f o r n i a I n s u r a n c e C o d e e f f e c t i v e J a n u a r y 1 , 1 9 9 0 ,
r e q u i r e s t h a t a n y T i t l e I n s u r a n c e C o m p a n y , u n d e r w r i t t e n T i t l e C o m p a n y , o r
c o n t r o l l e d E s c r o w C o m p a n y h a n d l i n g f u n d s i n a n e s c r o w o r s u b e s c r o w c a p a c i t y , w a i t
a s p e c i f i e d n u m b e r o f d a y s a f t e r d e p o s i t i n g f u n d s , b e f o r e r e c o r d i n g a n y d o c u m e n t s
i n c o n n e c t i o n w i t h t h e t r a n s a c t i o n o r d i s b u r s i n g f u n d s . T h i s s t a t u t e a l l o w s f o r
f u n d s d e p o s i t e d b y w i r e t r a n s f e r t o b e d i s b u r s e d t h e s a m e d a y a s d e p o s i t . I n t h e
c a s e o f c a s h i e r ' s c h e c k s o r c e r t i f i e d c h e c k s , f u n d s m a y b e d i s b u r s e d t h e n e x t d a y
a f t e r d e p o s i t . I n o r d e r t o a v o i d u n n e c e s s a r y d e l a y s o f t h r e e t o s e v e n d a y s , o r
m o r e , p l e a s e u s e w i r e t r a n s f e r , c a s h i e r ' s c h e c k s , o r c e r t i f i e d c h e c k s w h e n e v e r
p o s s i b l e .
I f y o u h a v e a n y q u e s t i o n s a b o u t t h e e f f e c t o f t h i s l a w , p l e a s e c o n t a c t y o u r
l o c a l F i r s t A m e r i c a n O f f i c e f o r m o r e d e t a i l s .
F o r m N o . 1 0 6 8 - F
W A R N I N G
T H E M A P A T T A C H E D H E R E T O M A Y O R M A Y N O T B E A S U R V E Y O F T H E L A N D D E P I C T E D T H E R E O N .
Y O U S H O U L D N O T R E L Y U P O N I T F O R A N Y P U R P O S E O T H E R T H A N O R I E N T A T I O N T O T H E G E N E R A L
L O C A T I O N O F T H E P A R C E L O R P A R C E L S D E P I C T E D . F I R S T A M E R I C A N E X P R E S S L Y D I S C L A I M S
A N Y L I A B I L I T Y F O R A L L E G E D L O S S O R D A M A G E W H I C H M A Y R E S U L T F R O M R E L I A N C E U P O N
T H I S M A P .
- E N D O F R E P O R T -
B P / D G
1 1 / 1 4 / 9 6
2 c c : T H E O ' B R I E N G R O U P , 2 0 0 1 W i n w a r d W a y , # 2 0 0 , S a n M a t e o , C A 9 4 4 0 4 - D e a n
M i l l s
-.1 kl- U COUNTY ASSESSOR'S PARCEL MAP
3 PTN. ENTRE NAPA RANCHO
RIVER PARK BLVD.
°"•'�- H 2008
_ o•
14 UCT 241996.5I'.S — 4 Q
Tex Arca Code 43.07
2040
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� ,a' 390-020 for ►Aiz ArooJ
)TE: This Map Was Prepared For
sessment Purposes Only , No
lbility Is Assumed For The
.uracy Of The Data Delineated
reon. / 42
Newport North Subd. Unit No.5 R.M. Bk.15, P91S•76-79
Newport North Subd. Unit No.5-A R.M, Bk.15, Pg's.80-86
Amnd. Mop Newport North Subd. Unit No.5-A R.M. Bk -17, Pgs.56-8
Assessor of Napa County
1988
� 04
0
��I 43-40
Form No. 1065-1 (Rev. 10/17/92) •
Exhibit A to Prelimiflary Report
EXHIBIT A
LISP OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1.CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -MO
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expanses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records. Proceedings by a public agency which may result In taxes or assessments, or notice of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any fads, rights, interests or claims which are Dot shown by the public records but which could be ascertained by an Inspection of the land or which
may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other fads which a correct survey would disclose, and which are
not shown by the public records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof, (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating prohibiting or relating to (1) the occupancy, use or enjoyment of the hand; (10 the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions of area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded In the public records at Date of Policy, but created, suffered, assured or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained S the Insured claimant had paid value for the insured mortgage or for the estate
or Interest Insured by this policy.
4. Unenforceability of the lien of the inured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any
subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state In which the land is situated.
S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage
and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting In the Insured the estate or interest Insured by their policy or the transaction creating the interest
of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws.
2. AAYERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORAY B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the
land, or prohibiting a separation In ownership or a reduction In the dimensions of area of the lend, or the effect of any violation of any such law,
ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of
Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to
the Company and not shown by the public records but known to the Insured daimant either at Date of Polity or at the date such claimant acquired an
estate or interest Insured by this policy and not disclosed in wrWrg by the Insured claimant to the Company prior to the date such insured dahnant
became an Insured hereunder; (c) resulting in no loss or damage to the bowed claimant; (d) attaching or created subsequent to Date of Policy, or (e)
resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest insured by this policy.
Page 1 of 4 pages
3. AMERICAN LAND MIX ASSOCIATION OWNER'S POLICY FORM B-1970
WITII REGIONAL EXCEPTIONS
When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In
paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not Insure against loss or damage by reason of the matters shown In parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by
making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose and which
are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or In Ads authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the
land, or prohibiting a separation In ownership or a reduction In the dimensions or area of the land, or the effect of any violation or any such law,
ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of
Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters; (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to
the Company and not shown by the public records but known to the inured claimant either at Date of Policy or at the date such claimant acquired an
estate or Interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the Insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created
subsequent to Date of Policy (except to the extent insurance Is afforded herein as to any statutory lien for labor or material or to the extent insurance
is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy of any'subsequent owner of the indebtedness to
comply with applicable "doing business" laws of the state in which the land is situated.
S. AMERICAN LAND MIX ASSOCIATION LOAN POLICY
1970 WTIH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear In the policy.
SCHEDULE B
This Policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
2. Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or
by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by the public records.
S. Unpatented mining claims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to alien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses
which arise by reason of:
Page 2 of 4 pages
El
•
1. (a) Any law, ordinance, or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, probibiting or relating to (q the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (gin a separation In ownership or a change In the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encnnbrance resulWrg from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the. land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, Hens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the Hen of the insured mortgage over
any statutory Hen for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under
construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage.
4. Unenforceability of the Hen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the hand Is situated.
S. Invalidity or umenforceabllity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage
and is based upon usury or any consumer credit protection or truth In lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured
mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and Is not
financed to whole or in part by proceeds of the indebtedness secured by the hmu-ed mortgage which at Date of Policy the insured has advanced or is
obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditor's rights laws, that is based on:
(1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(H) the subordination of the interest of the insured mortgagee as a result of application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results
from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a Judgment or Hen creditor.
7. AWIERICAN LAND TITLE ASSOCIATION LOAN POLICY
1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in
paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of;
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
2. Any facts, rights, interests or chills which are not shown by the public records but which could be ascertained by an inspection of said land or by
making inquiry of persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by public records.
S. Unpatented mining claims, reservations or exceptions in patents or In Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any Hen, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMMUCAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of -
1 .
f:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (W the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the
land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
Page 3 of 4 pages
affecting the land has been recorded to the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, Hens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting In no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting to loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws that Is based on:
(t) the transaction creating the estate or interest Inured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure;
(a) to timely record the instrument of transfer, or
(b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
9. AmmucAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in
paragraph 5 above are used and the following exceptions to coverage appear In the policy.
SCHEDULE B
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by
making inquiry of persons in possession thereof.
3. Easements, claims of easement or encmnbrances which are Dot shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by public records.
S. Unpatented mining claims, reservations or exceptions in patents or In Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any Hen, or right to a Hen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AAIERICAN LAND iTnE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1957 EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also
laws and regulations concerning:
o land use
land division
o improvements on the land o environmental protection
Ibis exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
o a notice of exercising the right appears in the public records on the Policy Date
o the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
o that are created, allowed or agreed to by you
c that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
o that result in no loss to you
c that fust affect your title after the Policy Date - this does not limit the labor and material Hen coverage In Item 5 of Covered Title Risks.
4. Failure to pay value for your title.
S. Lack of a right:
a to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
o in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item S of Covered Title Risks.
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