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HomeMy WebLinkAboutCC Resolution 6864 (Sun Valley Open Space Acquisition)RESOLUTION NO. 6864 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with JOINT POWERS AGREEMENT BETWEEN THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL RE: ACQUISITION OF SUN VALLEY OPEN SPACE a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 2nd day of JULY , 19 84 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEA113ERS : None ABSENT: COUNCILMEMBERS:None JE NE M. LEONCINI, City Clerk [gin PUNW10. JOINT POWERS AGREEMENT THIS AGREEMENT dated JULY 2 , 1984, is between the MARIN COUNTY OPEN SPACE DISTRICT (DISTRICT), and the CITY OF SAN RAFAEL (CITY). *11'17 11 TT A T 0 MARIN COUNTY OPEN SPACE DISTRICT, a public district, hereinafter referred to as "DISTRICT" and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY" are each a "public agency" within the meaning of Government Code Section 6502 and desire to enter into a joint exercise of powers agreement pursuant to the provisions of California Government Code Section 6500, et seq. for the following reasons and based upon the following conditions. The purpose of this Agreement is to provide partial fund- ing for the purchase of properties hereinafter described, for open space purposes, by the DISTRICT and CITY, and for the manage- ment thereof, said lands being situated within the unincorporated area of the County of Marin and within the City. NOW, THEREFORE, it is mutually understood and agreed as follows: A. PROPERTIES. 1. The proposed properties to be jointly purchased, in whole or in part, are known as Assessor's Parcel Numbers 10-011-07 and 46; 177-240-11 and portion of 18; 10-011-06; a portion of 10-011-28; 10-052-40; 10-011-35; a portion of 10-052-01; 10-011-18; 10-041-42 and 177-240-14 and 20. Said parcels are described and depicted on Preliminary Title Reports, issued by California Land Title Company of Marin, which are attached hereto as Exhibits "A" "B" "C" "D" "E" "F" and "G" and by reference made a part hereof. -1- 2. Sun Valley Open Space - The parties agree to equally divide up to 50%, but no more than $325,000 each, of the cost of purchase of parcels comprising the Sun Valley open space area as described and depicted in the attached aforementioned exhibits, except that financial responsibilities may be substantially reducted if fewer than all parcels are purchased. DISTRICT and CITY shall also equally divide the usual costs of purchase in- cluding appraisals, Preliminary Title Reports, option contracts, closing costs, title insurance, and County real estate staff time, which will be coordinated by the DISTRICT, where those costs must be paid in advance of formation of the assessment district discussed in C. and D. below. 3. The remaining 50% or greater purchase commitment for these properties will come from the formation of an assessment district specifically formed for this open space acquisition, or from other sources. 4. Title for properties described and depicted in the aforementioned exhibits above shall be jointly held by the DISTRICT and CITY as one-half (1/2) ownership each. B. MANAGEMENT 1. Assessor's Parcel Numbers 177-240-14 and 20, when acquired, shall be managed by the DISTRICT until - 2 - either: 1) completion of purchase of the other Sun Valley parcels as detailed above; or 2) January 15, 1985, whichever is sooner. At that time, the DISTRICT and CITY shall meet and make arrangements for the proper management of all lands within the San Rafael/Sleepy Hollow Divide open space area which was purchased by the DISTRICT and/or CITY. DISTRICT management will be in accordance with "Marin County Open Space District Management Policies," adopted by the DISTRICT Board of Directors and amended on February 14, 1984. Costs of management shall be divided equally between the City and District, with the City paying the District $17.50 per acre per year prorated over the management time period (estimated to be $400). Necessary improvements to protect the property from unauthorized vehicle access will likewise be divided equally between the DISTRICT and CITY. Police and fire protection services shall be born by the CITY until the times mentioned hereinabove. 2. Sun Valley Open Space - Management of acquired open space parcels in Sun Valley area shall be as agreed to in writing between the CITY and DISTRICT at the time all possible acquisitions are com- pleted. Police and fire protection shall also be addressed in that agreement. C. ASSESSMENT DISTRICT PROCEEDINGS. The CITY will be responsible for initiating and form- ing the Sun Valley Open Space Assessment District, consistent with the financial commitments of the parties described hereinabove. 3 - D. FAILURE TO SECURE REMAINING FUNDING OF ASSESSMENT DISTRICT. Should the formation of an assessment district for the Sun Valley Open Space acquisition not be successful as of December 30, 1984, and other sources of funding are not readily available by that same time to provide the 50% acquisition funds needed, the DISTRICT and CITY shall be relieved of their responsibilities to purchase and manage lands as detailed in this Agreement, other than Assessor's Parcel Number 177-240-14 and 20, which the CITY and DISTRICT will endeavor to purchase equally regardless of the formation of the assessment district. E. INDEMNITY. 1. That neither DISTRICT, nor any officer, agent or employee thereof, shall be responsible for any dam- age or liability occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Govern- ment Code Section 810.8) occurring by reason of any- thing done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. 2. That neither CITY nor any officer or employee there- of is responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. It is also understood and agreed that, pursuant to -4- Government Code Section 895.4, DISTRICT shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by rea- son of anything done or omitted to be done by DISTRICT under or in connection with any work, authority, or jurisdiction not delegated to DISTRICT under this Agreement. F. TERMINATION. This Agreement may be terminated at any time by mutual consent of both parties. MARIN COUNTY OPEN SPACE DISTRICT AL AR.AMBURU, President Board of Directors ATTEST: .� t DON DIMITRATOS, SECRETARY i' i CITY OF SAN RAFAEL LAWRENCE E. MULRYAN, May,6r ATTEST: J NE M. LEONCINI, City C er APPROVED AS TO FORM: nv%z PETER J. MUZIO, City Attorney -5- Galltorn�a LanA Title Company 'I Marin California Land Title Company of sarin LJ" 851 IRWIN ATTHIRD - P.O. BOX711 - SAN RAFAEL, CA94915 - (415) 454-9323 ❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897.5157 ❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415) 383-8410 PRELIMINARY REPORT PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT (Please Confirm)) Date: lune 7, 1984 AP 10-011-07,46 & Our No. 59234 PW 177-240-11 & 18 Your No. Buyer: Dated as of ............ lune 1........19 ... P. at 7:30 A.M. In response to the above referenced application for a policy of title insurance. CAUFORNIA -LA D TITLE COPYIPA Y OF ARIN hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Lund Title Association Standard Coverage Policy 1X American Land Title Association Owner's Policy Form B ❑ 3. American Land Title Association Residential Title Insurance Policy ❑ d. American Land Title Association an P licy Tit e fficc Issuing Policies o LdwyemTi le jnsurance yet L.• - V :. -. �,}'�x7i;:gid "� � 4�•aG;LLyF. �t':s. ' l A h�� < <� SCHEDULE A Order No. 59234 PW The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel One and Two AN EASEMENT as to Parcel Three Title to said estate or interest -at the date hereof is vested in: EMMA DUCA, a widow The land referred to in this report is situated in the State of California, County of Marin , partly in the City of San Rafael and is described as follows: DESCRIPTION ATTACHED DESCRIPTION ALL THAT CERTAIN real property situate partly in the City of San Rafael, County of Marin, more particularly described as follows: PARCEL ONE: BEGINNING at a point on the Northerly line of Fifth Avenue (formerly Culloden Avenue), said point being the Southwest corner of that certain parcel of land conveyed to Royal M. Prescott by that certain deed recorded March 2, 1921 in Book 225 of Deeds, at page 52, Marin County Records; thence North 370 04' East 1677.75 feet to the Northerly line of that certain parcel of land conveyed to Mary A. Bosman by that certain deed recorded April 18, 1913 in Book 151 of Deeds at ppe 160, Marin County Records; thence along said Northerly line of Bosman North 60 16' West 482.6 feet and North 240 36' West 176.6 feet to a point distant South 240.36' East 617.64 feet from the Northwest corner of said parcel conveyed to Bosman; thence South 340 West 1630.44 feet to said Northerly line of Fifth Avenue; thence along said Northerly line of Fifth Avenue South 560 32' East 70.3 feet; thence South 470 28' East 100.3 feet; thence South 370 34' East 133.8 feet; thence South 590 19' East 173.2 feet; thence South 530 20' East 71.8 feet to the point of beginning. EXCEPTING THEREFROM that portion described in that certain deed to the San Rafael School District of Marin County, California recorded December 29, 1950 in Book 679 of Official Records, at page 44, Marin County Records. PARCEL TWO: BEGINNING at a stake at the most Northerly corner of that certain parcel of land conveyed to Joseph Corti, etux, by that certain deed recorded October 15, 1917 in Book 192 of Deeds at page 147, Marin County Records, thence along the exterior boundary lines of said Corti parcel South 560 East 357.65 feet and South 349 West 645.5 feet to a point on the Northerly line of Fifth Avenue (formerly Culloden Avenue); thence leaving said Corti boundary line and along said Northerly line of Fifth Avenue South 570 58' East 37.58 feet and South 63 15' East 142.42 feet; thence leavingosaid Northerly line of Fifth Avenue North 340 East 1680.44 feet; thence North 24 36' West 617.64 feet to the Northeasterly corner of what is known as the Mount Tamalpais Cemetary Tract; thence South 340 23' West 1377.0 feet to the point of beginning. EXCEPTING THEREFROM that portion described in that certain deed to the Marin Municipal Water District recorded July 22, 1966 in Book 2066 of Official Records at page 397, Marin County Records. PARCEL THREE: An easement for sewerage or sewer pipes, line and right to install, maintain, repair and inspect the sa defined in that certain deed executed by Emma Duca of Marin County California, recorded December 29, Records at page 44, Marin County Records. conduits, and together with the me as provided for and futher to the San Rafael School District 1950 in Book 679 of Official SCHEDULE B Order No. 59234 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. An. easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company For: Single line of poles and wires Affects: Southwesterly portion of Parcel One Recorded: November 26, 1951 in Book 718 of Official Records at page 518 Marin County Records 4. No assurance is given as to the exact width and location of Parcel Three herein. 5. Any facts, rights or interest which a correct survey of said property may disclose. TAX NOTE: General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $3,394.58. Assessor's Parcel No. 10-011-07,46 & 177-240-11,18 Code Area 8-000 & 89-007 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. .h 89-0( -' 89 - OU2 89-003 �'�•`• 8-040 /y Bk.175 9°°• i ,,ati 01 14 ............... Ac. San22 Q20 0� `• q� _ 41.83 Ac: \o f p66 _ aitl streets d ,tier !Q ` 120 .., 4. aid in locatiniT Your lohd , references to �}� 3t is for Your �., _ . t::_ ,� ny i.: ;.. t ;i • - ' TV t - laisrta it lel zva ! to cert , c y Y - _;<_ is not a survey. �:r it i icl:Lnco U.— it vii �?�5! Do G' -"_' : - .•.F ;' h G^ - ccrr n- by �c�scn o ro lic5iiU7 iar sty I ss o. t 17 CALIF J a fi5] IE2Ydlid at T�'.1;:►7 =F �2 5,�,b�� �. }� ..:_r V f , SAN F.AFAFL CALIFORNIA 94901 �', 9ya• h 5 . �' .r ", j , I`4 +. • �Y - � {� T � ` ry._ . -.li "v �.A. .. � .t 7•x.1 56.83 Ac. MT. TAMALPAIS CEMETERY ' 15. 274c � . , • , �. • ." ' .;yam { ` Bk. 10 ,•� .p' 35 o, /-C* Bk. 10 OI �=i � • �{°e� � T\, 5"Phioil �5s b ���Ce�:• � , ~c,° 3,,.5 BU 0 33 Bk. i0 19 3751' yY y 17y -s Cemetery, Sec. - ,.M. Bk. 3 - FY 's. 31-35 incl. BOO 05 NOTE—Assessor's Block Numbers Shown in Ellipses. Asses3or's Parcel Numbers Sb-wn in Circles. Assessor's Map Bk.177-Pg.24 County of Marin, Calif. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not Insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or ossessi-rents on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown oy the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the puolic records but which could be ascertained by an in- spection of the land or by making inquiry of persons in pos- session the --cf. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or excep- tions in potents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, Interest, estate or easement in land beyond the Imes of the area specifically described or referred to in Schedule A. or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for occess to a physically open street or highway is insured by this policy 7. 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 of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered. assumed or agreed to by the Insured claimant: (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date sur_h 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any lcw, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or proh,b-ting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvernent nowor herer4er erected on the land, or proh;bi1ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect cf c y violation of any such law, ordnance or governmental regulation. 2. R grhrs of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public recores 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 knarvn to 1ho Company and not shown by the ;public records but known to the insured claimant either at Date of Policy or at the co'e such claimant acquired an estate or interest by this policy 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 cr created subsequent to Date of Policy: (e) resulting in loss or damage which would not have been sustained if the insured claimant had pad value for the estate or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 9979 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: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Dote. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. - • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered title Risks 4, failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • In streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Part I (a) P:iy rights, interests or claims of parties In possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims of title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 9970 WITH A.L.T.A. ENDORSEMENT FORM 9 COVERAGE (AMENDED 90-97-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The fo:,cwing matters ore expressly excluded from the coverage of this policy. 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 off ect 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 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 assessment for street improvements under construction or completed of Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured of Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. Calilornia Land • Title Compan of f�larin California Land Title Company of Marian E—X 851 IRWIN AT THIRD - P.O. BOX 711 - SAN RAFAEL, CA 94915 - (415) 454-9323 ❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415) 383.8410 PRELIMINARY REPORT PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT (Please Confirm) Date: June 1, 1984 Our No. 59236 PW Assessor's Parcel No. Your No. 10-011-06 Buyer: Dated as of . , .. May.. 25 ................19 ... 84 of 7:30 A.M. In response to the above referenced application for a policy of title insurance. •� q �' i�' 4�' i l.. b` { r 4�r i. Jp ,t� Y hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUNIIED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Pol;cy Ex 2. American Land Title Association Owner's Policy Form B ❑ 3. American Land Title Association Residential Title Insurance Policy ❑ 4. American Land Title Associatio ISSL LawyersTide Insurance Corporation ; •��, 44, • r � SCHEDULE A Order No. 59236 PW The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE, as to Parcel One, and AN EASEMENT, more particularly described as to Parcels Two and Three Title to said estate or interest at the date hereof is vested in: RICHARD A. MURPHY AND MARCELLA MURPHY, his wife, as Community Property The land referred to in this report is situated in the State of California, County of Marin City of San Rafael, and is described as follows: DESCRIPTION ATTACHED DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at a point which is situated in the Northeasterly line of Culloden Avenue and distant North 08°15' West 70.3 feet, North 52°27' West 152_8 feet and North 46°25' West 132.2 feet from the marble monument set to mark the terminus of the course described as South 37°04' West 639.7 feet in that certain Deed made by Isabella G. Wilkins et al, to Mary A. Bosman dated April 8, 1913 and recorded in Book 151 of Deeds at page 160, Marin County Records, running thence from said point of beginning as above located and described North 37°04' East 1759.2 feet; thence North 60016' West 255.7 feet; thence South 37°04' West 1677.75 feet to the point in the Northeasterly line of Culloden Avenue; thence following along said line of Culloden Avenue in a general Southeasterly direction a distance of 258.8 feet to the point of beginning. EXCEPTING from the above, the following: BEGINNING at the point of the Northerly line of Fifth Avenue, formerly known as Culloden Avenue, said point of beginning being the Southwest corner of the tract of land conveyed by Mary A. Tippetts, to Royal M. Prescott, by Deed dated February 2, 1921 and recorded in Book 225 of Deeds at page 5Z Marin County Records and running o thence from said point of beginning, North 37 04' East 120 feet; thence at a right angle South 52°56' East 70 feet; thence at a right angle South 37°04' West to the Northeasterly line of Fifth Avenue; thence Northwesterly along the Northeasterly line of Fifth Avenue to the place of beginning. ALSO EXCEPTING THEREFROM that portion lying within that certain parcel of land conveyed to -the San Rafael School District of Marin County, California, by that certain deed recorded December 29, 1950 in Book 676 of Official Records at page 220, Marin County Records. PARCEL TWO: AN EASEMENT for an existing sewer line together with the right to maintain, repair, and inspect the same as reserved in that certain deed to the San Rafael School District of Marin County, California, recorded December 29, 1950 in Book 676 of Official Records at page 220, Marin County Records. PARCEL THREE: AN EASEMENT for access purposes across the Easterly portion of that certain parcel of land conveyed to the San Rafael School District of Marin County, California, by that certain deed recorded December 29, 1950 in Book 676 of Official Records at page 2202 Marin County Records; and as further defined in those certain instruments recorded April 20, 1951 in Book 691 of Official Records at page 83 and Book 689 of Official Records at page 139, Marin County Records. SCHEDULE B Order No. 59236 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as f ollows: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company, a California corporation For: A single line of poles and wires, no width stated Affects: Southwesterly portion Recorded: January 30, 1924 in Book 38 of Official Records at page 47 Marin County Records 4. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, California corporations For: Single line of poles and wires Affects: Southwesterly portion Recorded: November 26, 1951 in Book 718 of Official Records at page 524 Marin County Records 5. No assurance is given as to the exact width and location of Parcel Two herein. 6. No assurance is given as to the exact width and location and the validity of Parcel Three herein. Said Parcel Three must be properly created and described of record. 7. No assurance is given as to any access to a public street or road. 8. Compliance with the State Subdivision Map Act and local ordinances enacted thereto. ,,. Matters which may affect the title unless eliminated by statement of identity from Vestees herein . A) An Abstract of Judgment for the amount herein stated and any other amounts therein due, Case No.: Municipal Court of San Mateo Southern Judicial District (51156) Debtor: Richard Murphy Creditor: Soil Engineering Construction, Inc. Amount: $ 7,350.00 plus attorneys fees and costs Entered: June 18, 1982 Recorded: July 6, 1982, as Recorder's Serial No. 82-27182, Marin County Records B) A lien due the Franchise Tax Board of the State of California and against M. Murphy Certificate No. 83270-001469 Dated: September 27, 1983 Recorded: September 29, 1983, as Recorder's Serial No. 83-49165, Marin County Records Amount: $ 509.78 General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $2,973.82. Assessor's Parcel No. 10-011-06 Code Area 8-000 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. r ca A A MCI i u v m 2s m m �• N ' n co _ r_ x 0 n r ca A u N.'j co r_ O vcb , m N n. y 4 fI o Da _3 O � m ca - - I `3 pact IS for your Efd i.^, tc-. ajr.� your fond withr^f=_rences to stroets crd ni:ier e e +� I =c'.s. It Is not a surrey. vaffle th;G p%,t is bc!.c cz! i In ulc v,m .•-;sunes ro 11Ut iii. ;zr eny Iass cccar•nr, by r s:.n of rcficn:a U,ND TITLE. TLE. Cv".VANY OF •111I.ViNO v' b SAN UJFA'H, CA•LWO!-NIA 94901 m � _ cn O D Ln Sr (D H 0 y .i ..j �Sa Z O OW O ccn n Rl FdM H13BVZ17'3 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority, that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an In- spection of the land or by making Inquiry of persons In pos- session theeof. 3. Easements, liens or encumbrances, or claims thereof, which ar3 not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose. and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title. Interest, estate or easement in land beyond the lines of the area specifically described or referred to In Schedu!e A or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway Is insured by this poi icy. 7. 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 of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances. adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. 2. A.M.rERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyrnent of the land, or regulating the character, dimens,ons or location of any improvement now or herFofrer erected on the land. or prohibiting a separation in ownership or a reduction in the d;nensions of area of the land, or the effect cf cnv violation of any such law, ordinance or governmental regularion. 2. Rignts of eminent domain or governmental rights of police power unless notice of the exercise of such righis 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 claimant either at Date of Policy or at the dote such claimant acquired an estate or interest by this policy 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; (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. (List of Printed Exceptions and Exclusions Continued on Reverse Side) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the exceptions in Schedule B. you are not insured against loss, costs, attomeys' 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: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,, or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: Part I (a) Any rights, Interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVEPAvE The fal;c•:rng matters are expressly excluded from the coverage of this policy: 1 Any law, ordinance or governmental regulation (including but not limited to budding 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 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, adjerse 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 claimant either at Date of Policy or at the date such claimant acquired on 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 assessment 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 or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. California Land Title Company of Marin California Land Title Company of Marin X7 851 IRWIN AT THIRD - P.O. BOX 711 - SAN RAFAEL, CA 94915 - (415) 454-9323 ❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 - (415) 383-8410 PRELIMINARY REPORT PROPERTY REFERENCE Escrow Officer: _PATTY WRIGHT (Please Confirm) Date: May 29, 1984 AP No. 10-011-28 & Our No. 59232 PW 10-052-40 Your No. Buyer: Dated as of ...... May.... 22............19 ..... 8%t 7:30 A.M. In response to the above referenced application for a policy of title insurance. �� T t �,._. r i.i +M (I is F _�• �.�:� '`u F i :.`; g hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy $2 2. American Land Title Association Owner's Policy Form B ❑ 3. American Land Title Association Residential Title Insurance Policy ❑ 4. American Land Title Association Loan Policy II J, aew0f�ii Issuing Policies of ] awyersTideInsuranlce Corporation ,, �,► , r... rho � ytiF: ^.}r� • �r :n,-{y�� •. , ;l SCHEDULE A ti Order No. 59232 PW The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: AILEEN K. NEWMAN The land referred to in this report is situated in the State of California, County of Marin , City of San Rafael and is described as follows: Parcel 2B shown on the Parcel Map entitled "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149) San Rafael, Marin County, Calif." filed November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records. SCHEDULE B Order No. 59232 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as f ollows: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company, a California corporation For: A single line of poles and wires, no width stated Affects: Southwesterly portion Recorded: January 30, 1924 in Book 38 of Official Records at page 47 Marin County Records 4. An Easement affecting the portion of said land and for the purposes stated herein and incidental purposes, as shown upon that certain parcel map entitled, "Parcel Map, Lands of Newman", filed for record February 8, 1973 in Volume 7 of Parcel Maps at page 149, Marin County Records. For: Roadway and utility purposes Affects: Southwesterly portion 5. An Easement affecting the portion of said land and for the purposes stated herein and incidental purposes, as shown upon the filed map referred to herein: For: Roadway and public utility purposes Affects: Southwesterly portion 6. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: January 16, 1978 in Book 3319 of Official Records at page 52 Marin County Records For: Roadway and public utility purposes Affects: Southwesterly portion Said easement is shown upon the filed map referred to herein. -7. An easement aff( .ng the portions of said land and ' the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: February 17, 1978 in Book 3333 of Official Records at page 138 Marin County Records For: Roadway and public utility purposes Affects: Southwesterly portion Said easement is shown upon the filed map referred to herein. 8. Terms provisions and conditions contained in that certain agreement recorded October 12, 1979 in Book 3625 of Official Records at page 686, Marin County Records. 9. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: October 12, 1979 in Book 3625 of Official Records at page 687 Marin County Records For: Roadway, ingress, egress and utility purposes, 25 feet in width Affects: Central portion 10. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: March 25, 1982 as Recorder's Serial No. 82-11771 Marin County Records For: Roadway and public utility purposes Aff ects: Southwesterly portion For: Roadway purposes, 20 feet in width Aff ects: Central portion For: Slope purposes Affects: Central portion 11. Notice of Violation (Subdivision Map Act) executed by the City of San Rafael, recorded January 18, 1982 as Recorder's Serial No. 82-01767 12. A Deed from (or the joinder of) the spouse of any married Vestee named herein will be required when insuring any conveyance, encumbrance or lease to be executed by said Vestee. TAX NC)TF- General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $258.72. Assessor's Parcel No. 10-011-28 & 10-052-40 Code Area 8-000 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. This p!zt is icr ycur Cid in lecatir your l-nd with rcTcrenc=_s t3 streets and cthe, parcr_!_. It is not a S=urvey. lVh:1a this plat is believed to be ccr:cct, the ccmrziny r EsSUt„es nc HENRY for -ny less ccs•..;i ;� b ra_.._a of -„ Y :e:i_ _ t:tzrcrt. !ZALIFOPMA LAND MILE: L COI' ?,' .NY Or AylARIN t°SI 1R•tlM c, `IFiI� i7 SAN RAFAEL, C,`1L1FO N1A 94901 z O a 1 G) A 00 ' �m 00 . n z I kll Q' r N � � O G ` 7 2 IN n= n ^~ I G^. --- I; ti JJ N n n O Ln —i y 0 Y O O Q � :77 r. � n � a i Q-T3lm` I i A G) A n Q' r v, G) n �7 G^. --- J O u L . •,• ,� �� a V / � •c".a��W� R7 io r .1 : ter• U Z• niv ru - N ri =r c n w 4 sro`Y cwn �n �� GO J� ta ti 2 r - i .71 ii Com' !Mess 4� `C ♦ %,\ : r L m mer �. Cr -O •c ♦ .r Oy O n _ 's b 'a r N -'' Q � � � d ♦ 30 L 1 n in Cb n x > co � •itlrnr i m A • -A 0 171 c : .C, a �� ntiQ p • i.•a i-� LD DO Q —� O r oa n G7 co 10 `/ � ri 'A I = vJ ' g E n mur fJ C) :7 a o n c] In sr O r) rp O � y o. OOOp� . �° wb o o n Ino y cn J• 4 C rn 0 ICb n(i 1 n+ ydM H136trZ/73 :; - D= in Oy � r A m a c+ m V v mn n n3 yon 't o . •,• ,� �� a V / � •c".a��W� R7 io r .1 : ter• U Z• niv ru - N ri =r c n w 4 sro`Y cwn �n �� GO J� ta ti 2 r - i .71 ii Com' !Mess 4� `C ♦ %,\ : r L m mer �. Cr -O •c ♦ .r Oy O n _ 's b 'a r N -'' Q � � � d ♦ 30 L 1 n in Cb n x > co � •itlrnr i m A • -A 0 171 c : .C, a �� ntiQ p • i.•a i-� LD DO Q —� O r oa n G7 co 10 `/ � ri 'A I = vJ ' g E n mur fJ C) :7 a o n c] In sr O r) rp O � y o. OOOp� . �° wb o o n Ino y cn J• 4 C rn 0 ICb n(i 1 n+ ydM H136trZ/73 :; - LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This pcl,cy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the follovAng: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an in- spection of the land or by making inquiry of persons in pos- session theeof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which ore not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water. 6. Any right, title, Interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A. or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing In this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy - 7. 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 of any such law, ordinance or governmental regulation. B. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) 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 land, or the effect o' eny violation of any such lave, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such righis 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 claimant either at Date of Policy or at the date such claimant acquired an estate or Interest by this policy 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; (e) resulting in loss or damage which would not have been sustained if the insured claimant had p --;d value for the estate or Interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) LIST OF PRINTED EXCEPTIONS AND EXCLUSIOr4S (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 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: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or o in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In odd'tion to the Exclusions, you are not insured against loss, costs, attomeys' fees, and expenses resulting from Part I (a) Any rights, Interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the I'len coverage In Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shavn by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The foglowing matters are expressly excluded from the coverage of this policy 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 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 ar agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured 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 assessment 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 or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. ,California Land Title Company of Marin California Land Title Company of Darin 851 IRWIN ATTHIRD • P.O. BOX 711 • SAN RAFAEL, CA 94915 • (415) 454-9323 ❑ 1704 NOVATO BLVD. • P.O. BOX 845 • NOVATO, CA 94947 • (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 • (415) 383-8410 PRELIMINARY REPORT PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT (Please Confirm) Date: May 25, 1984 Assessor's Parcel Our No. 59231 pW 10-011-35 Your No. Buyer: Dated as of ....... May ...... ?.......... T�....... at 7:30 A.M. In response to the above referenced application for a policy of title insurance. hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy IX 2. American Land Title Association Owner's Policy Form B ❑ 3. American Land Title Association Residential Title Insurance Policy ❑ 4. American Land Title Association Loan Policy I �� f ' �. . Ue cer \ Issuing Policies of I.awyersTidelnsurance Corporation SCHEDULE A Order No. 59231 PW The estate or interest in the land hereinafter described or referred to covered by this report is A FEE as to Parcel One and AN EASEMENT as to Parcels Two, Three, Four and Five Title to said estate or interest at the date hereof is vested in: William T. Murphy and Judith Murphy, his wife as Joint Tenants, as to Parcel One; William T. Murphy and Judith Murphy, his wife, as to Parcel Two and William T. Murphy and Judith M. Murphy, his wife as Joint Tenants, who acquired title as William T. and Judith M. Murphy as Joint Tenants, as to Parcels Three,_ Four and Five The land referred to in this report is situated in the State of California, County of Marin City of San Rafael and is described as follows: DESCRIPTION ATTACHED c DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at the Northerly corner of Parcel One, as shown on the Parcel Map, Lands of Newman being Parcels described in Deeds recorded in Book 1440 OR 582, 1516 OR 103 and a portion of 274 OR 28, filed February 8, 1973 in Volume 7 of Parcel Maps at page 149, Marin County Records; thence North 37° 04' East 352.53 feet to the TRUE POINT OF BEGINNING; thence North 37° 04' East to the Southwesterly corner of Lot 7, Map of Newman Highlands, filed June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records; thence along said line, South 60° 45' East 193.8 feet; thence South 37° 04' West to a point that bears South 520 56' East 192.0 feet from the True Point of Beginning (said point also being the Northerly corner of the parcel of land described on the deed to Jack W. Newman, recorded November 15, 1961 in Book 1516 of Official Records at page 103, Marin County Records); thence North 520 56' West 192.0 fet to the true point of beginning. PARCEL TWO: A NON EXCLUSIVE Roadway Easement for ingress and egress purposes and utilities easement over the following described real property, a strip of land, 25 feet in width lying West of and adjacent to the following described line: BEGINNING at a point on the Northerly line of a 20 foot roadbvay easement; said point also being the Southerly corner of Parcel 28, as shown in Volume 14 of Parcel Mas at page 53, Marin County Records thence from said point of beginning North 38 35' East 347.89 feet to an angle point in said Parcel 2B above referred to; thence continuing North 380 35' East to a point on the Northerly line of said Parcel 2B; said point being the termination of said easement. PARCEL THREE: AN EASEMENT for roadway and public utilities over that portion of Parcel 2B, as shown on that certain Parcel Map entitled, "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin County, Calif.", filed November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records, shown thereon and designated as "roadway and public utilities easement appurtenant to Parcel 2A." PARCEL FOUR: AN Easement for roadway purposes twenty (20) feet in width, the center line of which is described as follows: BEGINNING at a point which bears South 52° 33' 19" East 31.50 feet from the most Northerly corner of Parcel 2B, as shown on that certain map entitled, "Parcel Map of Division of Parcel 2 Lands of Newman ;(7 Parcel Maps 149) San Rafael, Marin County, Calif.,", filed for record November 9, 1977 in Volume 14 of Parcel Mags at page 53, Marin County Records; thence leaving said point of beginning, South 25 55' 12" West 54.317 feet; thence South 19° 29' West 74.479 feet; thence aong a curve to the right, which center bears North 70° 31' West 58.00 West, an arc length of 34.502 feet, through a central angle of 340 05', which radius is 58.00 feet; thence on a curve to 19 the left, which center bears South 360 26' East 35.00 feeta an arc length of 37.609 feet, a radius of 35.00 feet through a central angle of 61 34; thence South g0 00' East 37.00 feet; thence South 60 51' West 1267 feet to a point of termination, which said point of termination lies South 510 25' East 1300 feet from the most Easterly corner of Parcel 2A, as shown on the above mentioned parcel map. PARCEL FIVE - A Slope Easement of varying widths of up to thirty (30) feet from the outer extremities of Parcel Four hereinabove for road construction and maintenance purposes. SCHEDULE B Order No. 59231 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as f ollows: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. Terms, Provisions and Conditions contained in that certain Agreement recorded October 12, 1979 in Book 3625 of Official Records at page 686, Marin County Records 4. Notice of Violation (Subdivision Map Act) executed by the City of San Rafael, recorded January 18, 1982 as Recorder's Serial No. 82-01767, Marin County Records TAX NOTE: General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $189.94. Assessor's Parcel No. 10-011-35 Code Area 8-000 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. a= � - -N' �� �51� I N �- mp '� -.. n o DIV _ .♦ �, mca c � � m i � �.� ul� ^ n n x5 i G Mir -fl 1•y �. , m i V Caj, • - -N' �� �51� I N �- mp '� -.. � o DIV _ .♦ �, • �51� I DIV _ .♦ �, �.� ul� ^ i G Mir -fl 1•y �. , m „'Li. I )^ CI - �-_ ^.� C : ar) t• ') n SIO� ) °" , n ice' r* Ila Ti Cb CIO. - 77 • � 0 Z � � )1 `r4 �3 y 7 Sr co k to ca m � fD o o In o -c � c Ln C` G J° N1-81" 3 nOn rrlJdM O 1 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an in- spection of the land or by making Inquiry of persons in pos- session theeof. 3. Easements, liens or encumbrances. or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, Interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or In abutting streets, roads, avenues, alleys, lanes. ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured 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 become an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had been a pur- chaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE t. 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 hereatter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, 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 claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy 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 domaga to the insured claimant: (d) attaching or created subsequent to Date of Policy: (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. (List of Printed Exceptions and Exclusions Continued on Reverse Side) 3 k - LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 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: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. • that result In no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage -in Item 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A. or • In streets, alleys. or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Part I (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 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 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 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 assessment 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 or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. California Land Tit l e Company o! Marin California Land Title Company of Marin LX 851 IRWIN AT THIRD • P.O. BOX 711 • SAN RAFAEL, CA 94915 • (415) 454-9323 ❑ 1704 NOVATO BLVD. • P.O. BOX 845 • NOVATO, CA 94947 • (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 • (415) 383.8410 PRELIMINARY( REPORT PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT (Please Confirm) Date: May 18, 1984 Assessor's Parcel Our No. 59233 PW 10-052-01 Your No. Buyer: Dated as of ... M.ay............. 11 ....... 19 ..... Sibt7:30A.M. In response to the above referenced application for a policy of title insurance. ,?r� rim � hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy F 2. American Land Title Association Owner's Policy Form B ❑ a American Land Title Associatior "^� �'^^+,,,l n+�^ ^�, �,,.,^o p„rr „ 4. American Land Title Associatior Issul n �au�yers�itleInsil rice Corporation -""A r•. 1. ;; :d;� 1MR �'y^ir.:...._,c,;n: .-.w`41�. •',4-..°. civ r SCHEDULE A Order No. 59233 PW The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel One and AN EASEMENT as to Parcel Two Title to said estate or interest at the date hereof is vested in: CARL A. SCHOLZ AND CAROL CLAUSEN SCHOLZ, husband and wife as Joint Tenants The land referred to in this report is situated in the State of California, County of Marin City of San Rafael and is described as follows: DESCRIPTION ATTACHED DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARMT, ON17 BEGINNING at a point on the Easterly line of that certain tract of land conveyed by Mary A. Tippetts to Oliver Sirard and Carl Sirard, dated October 2, 1920 and described in the deed recorded in Book 220 of Deeds at page 330, Marin County Records, which point is distant Borth 370 04' East 448.37 feet from the Northerly line of Fifth Avenue and the Southeasterly corner of said Sirard Tract; thence along said Easterly line, North 370 04' East 167.03 feet; thence South 520 56' East 44.60 feet; thence North 21F0 57' Fast 193.43 feet to the corner of the tract from Sirard to J.B. Newman, described in Book 274 at page 28, Official Records; thence along said Newman line, North 520 32' West 161.02 feet; thence continuing along said Newman line, produced, South 380 25' West 353.00 feet; thence crossing and subdividing Sirards property, South 51° 25' Fast 166.42 feet to the point of beginning. PARrPT. Tian A RIGHT OF WAY for ingress and egress to and from the above described property for vehicles and pedestrians over and upon that certain strip of land described as follows: BEGINNING at a point on the Northerly line of Fifth Avenue, distant Horth 520 27' ?lest 135 feet from the most Southerly corner of that certain tract of land conveyed by Mary A. Tippetts to Oliver Sirard and Carl Sirard, dated October 2, 1920 and recorded in Book 220 of Deeds at page 330, *Tarin County Records; running thence North 370 04' East 75 feet; thence north l0 42' 'lest 60.89 feet; thence North 370 Olt' East 309.34 feet; thence South 510 25' East 173.36 feet; thence North 370 04' Fast 20 feet; thence North 510 25' West 198.36 feet; thence South 370 04' West 338.14 feet; thence South 10 42' East 60.89 feet; thence South 370 04' West 65.23 feet to the Northerly line of Fifth Avenue; thence South 460 25' East 7.20 feet and South 520 27' East 17.80 feet to the point of beginning. SCHEDULE B Order No. 59233 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as f ollows: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company, a California Corporation For: A single line of poles and wires, no width stated A ff ects: Central portion Recorded: January 30, 1924 in Book 38 of Official Records at page 47 Marin County Records 4. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company and The Pacific Telphone and Telegraph Company, California Corporations For: A single line of poles and wires, no width stated Affects: Southerly portion Recorded: December 12, 1938 in Book 374 of Official Records at page 84 Marin County Records 5. A Deed of Trust to secure an indebtedness of the amount stated herein: Dated: June 10, 1974 A mount: $ 55, 000.00 Trustor: Carl A. Scholz and Carol Clausen Scholz, husband and wif e Trustee: Continental Auxiliary Company, a California Corporation Beneficiary: Bank of America National Trust and Savings Association, a national banking associaiton Address: 500 Battery Street San Francisco, Ca. 94111 Loan No.: None Given Recorded: June 11, 1974 in Book 2802 of Official Records at page 676 Marin County Records TAX NOTE: General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $923.46. Assessor's Parcel No. 10-052-01 Code Area 8-000 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. r_ Y LAS GALLI NAS RANCHO Tax Rate Area 10_05 8-000 Al2'SL'w '► rf�'17'�✓ 25 JOZ.Z.77 o © •� NJZ'SCIV e� i 100. 73 04 I h O ��P 99.27/ •/ n ����f� r M N52•yLNr 3 {•r. V w N Pc! 2 19 h ` v r N z 1.91 Ac_ " � •7t94 ` _ ` O u" v P. 3 8 _ 0'4 y7P7 • .ri�"il.r +ee[a7• � v o h� �y l��r � 1: J.I .✓ Y 052 ,rrr�Y ^�. i Ji ;c 11-2 y - % r� 2012.LAc Q 12- $ h fi si 1 j2'rr u a 0 a ® c c 1,_ 001 7 Z \ N+ ® O O a L5 0 %' Ar �j c �n C U ti e Ito _ s. •� _ :. IL ,U ECHO PL , ; - , � �, Q rs zrs. 9 u n u / G �r n K (cc rf vr7" f� 301' r O C — �f C T qp2� Q T ci a 9 �g /2 , 3 2 I.2 3 L y t p y- ` '• 4Ws, r r it ¢ - 31 fl /5 Z r O ���� 7r 10 2300 sss �r� � �f IF7-H Pg. 55 _ 21 CITY OF SAN RAFAEL Assessor's Map BUO -Pgo5 NOTE—Assessor's Block Numbers Shown in Ellipses. County of Marin, Calif. Assessor's Parcel Numbers Shown in Circles. B �y Broemmel—Assessor _ ':"A :. Wil•. -' •.:....... � � • 1 i i .. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not Insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an In- spection of the land or by making inquiry of persons in pos- session theeof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or excep- tions in patents or in Acts authorizing the Issuance thereof: (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of on abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured 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 become an insured hereunder: (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 hove been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any taw, 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 land, or the effect of any violation of any such low, 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 claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant b, -;-come on insured hereunder: (c) resulting in no loss or damage to the insured claimant; (d)ottaching or created subsequent to Date of Policy; (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. (List of Printed Exceptions and Exclusions Coninued on Reverse Side) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 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: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning It, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us. on the Policy Date - unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A. or ■ in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not Insured against loss, costs, attorneys' foes, and expenses resulting from: Part I (a) Any rights, Interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water n.'ghts, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 W/ITH A.L.TA. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 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 !and, 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 claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured oy 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 become 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 off orded herein as to assessment for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of fallure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with npplicable "doing business" laws of the state in which the land is situated. California Land Title Company GB of Marin California Land "title Company of Marin L 851 IRWIN AT THIRD - P.O. BOX 711 - SAN RAFAEL, CA 94915 - (415) 454-9323 ❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415) 383-8410 PRELIMINARY REPORT PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT (Please Conjinrt) Date: May 18, 1984 Our No. 59235 PW AP 10-011-18 & 10-041-42 Your No. Buyer: Dated as of ........... M 4y. -1- .........19.84... at 7,30 A.M. In response to the above referenced application for a policy of title insurance. hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms, The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report, THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is; 1. California Land Title Association Standard Coverage Policy n 2. American Land Title Association Owner's Policy Form B ❑ 3. American Land Titl3 As 4. American Land Title As Issuing Policies of LawyersTideIil.sur-ante Corporation ,- C.,,�; 1 ,,I � I- •.. ekd`afTe yr .o ,t�it.A�;f�litz52w�,�o ri . .'i,{,���T` t�F• ��t7Y�,'t��1� ',��� {;; � ,fir rr��;,-� ,rrr� �y.�,yr ' 't. ttlf�fA..e�Jliklt�.. GP`Phi ►�: F�Kth�vNi �r r SCHEDULE A Order No. 59235 PW The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: OWENS MORTGAGE COMPANY, a corporation The land referred to in this report is situated in the State of California, County of Marin , City of San Rafael and is described as follows: DESCRIPTION ATTACHED DESCRIPTION . [l All that certain real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at the most Northerly point of Lot 128, as shown upon the "Map of Sun Valley, Unit Two", filed August 7, 1943 in Book 5 of Maps at page 100, Marin County Records; running thence along the Northerly line of said Subdivision South 87°04'20" East 209.367 feet, South 60 00' East 38.888 feet to the Northwesterly line of the property described in Deed to Robert J. Straight, et ux, recorded August 4, 1944 in Book 466 of Official Records, at page 290, thence along the exterior boundary lines of said last mentioned property, North 30°00' East 150.0 feet, South 60° East 120.0 feet; South 30000' West 50.0 feet to the Northeasterly line of the property described in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33; thence along the Northeasterly and Southeasterly line of said property South 600 East 52 feet and South 300 West 100 feet to the Northerly line of the Subdivision above referred to; thence along said last named line South 60000' East 307.859 feet to the Northwesterly line of the property described in Deed to Roland D. Hellman, et ux, recorded April 7, 1947 in Book 548 of Official records at page 128; thence along said last mentioned line and the Northwesterly line of the property described in Deed to Oliver G. Bean , et ux, recorded February 21, 1946 in Book 495 of Official Records at page 443, North 18° East 110 feet to the most Northerly corner of said last mentioned property; thence along the Northeasterly line thereof South 76°14'15" East 68.904 feet to the Westerly line of the property described in Deed from San Rafael Land Title Company, a corporation, to City of San Rafael, a municipal corporation, recorded August 26, 1947 in Book 562 of Official Records at page 82; thence along said last mentioned line North 13°45'45" East 40 feet to the most Northerly corner of said last mentioned property, thence Northerly in a direct line to an angle point in a 40.0 foot road right of way at the intersection of the two courses in said centerine, "South 52°54' West 106.6 feet and South 65°17' West 73.0 feet;" thence along said centerline, South 65°17' West 73.00 feet; North 72°56' West 50.1, feet, North 30°58' West 50.5 feet, North 00°23' East 146.1 feet, North 31°24' West 58.8 feet, North 6°20' East 180.9 feet to a stake at the junction with another 40 foot road; thence along the centerline of said 40 feet road North 62°07' West 94.0 feet South 44°54' West 100.0 feet, South S4°55' West 200.0 feet; South 49°44' West 150.0 feet, South 65°41' West 50.0 feet; thence leaving said road centerline, South 24°57' West 341.6 feet to the point of beginning. EXCEPTING THEREFROM the portion thereof described as follows: BEGINNING at the most Southerly corner of the property described in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33; running thence along the Northerly line of the property shown upon the "•lap of Sun Valley, Unit Two", filed August 7, 1943 in Book 5 of Maps at page 100, Marin County Records; South 60° 00' East 307.359 feet to the Northwesterly line of the propert)- described in Deed to Roland D. Hellman, et ux, recorded April 7, 1947 in Book 54S of Official Records at page 128; thence along said last mentioned line and the Northwesterly line of the property described in Deed to Oliver G. Bean, et ux, recorded February 21, 1946 in Book 495 of Official Records at page 443, North IS East 110 feet to the most Northerly corner of said last mentioned property; thence North 600 West 226.78 feet and North 38° 58' West 62.35 feet to a point which bears North 30° East from the point of beginning; thence South 30° West 130 feet to the point of beginning. 1i PARCEL TWO: BEGINNING at a point in the Southerly boundary line of the lands described in the Deed from Grace M. McLean to San Rafael Land Title Company, dated February 13, 1946 and recorded February 15, 1946 in Book 495 of Official Records at paj�e 393, Marin County records; said point being at the intersection of the courses North 85 22'30" East 144.16 feet and South 85°11' East 289.39 feet; thence from said point of beginning and leaving said Southerly boundary line, North 61001'40" 'Vest 3,267.747 feet to a point in the Northwesterly line of said property so described in said Deed to San Rafael Land Title Company; thence South 34 00' West along said Northwesterly line, 300 feet, more or less, to the most Westerly corner of the said property so described in said Deed to San Rafael Land Title Company, said point being also the common corner of the lands now or formerly of Forbes, Tamalpais Cemetary and Freitas, (formerly Lucas); thence Southerly along the Westerly and Southwesterly line of said Deed to San Rafael Land Title Company, the following courses and distances; South 25°00' East 794 feet and South 60°45' East 924.79 feet; thence South 37004' West 855.80 feet, South 55°56' East 66.30 feet, North 24°57' East 31.49 feet, North 65°44' East 50 feet, North 49°44' East 150 feet, North 84°55' East 200 feet, North 44°54' East 100 feet; South 62°07' East 94 feet, South 12°39' East 150 feet, South 30°12' East 47 feet, South 55°24' East 50 feet, South 84°59' East 50 feet, North 54°23' East 50 feet, North 74°53' East 193 feet, South 23°42' East 200 feet, South 61059' East 50 feet, North 87°O1' East 48 feet, North 67°11' East 200 feet, North 84°28' East 59 feet, South 24°37' East 200 feet, South 45°29' East 50 feet, South 62°28' East 50 feet, South 85°46' East 205.70 feet, North 4°06' East 128.30 feet, North 23°27' East 123.30 feet to the Westerly corner of the tract of land conveyed to Marin Title Guaranty Company, by Deed recorded February 13, 1945 in Book 481 of Official Records at page 129, Marin County Records; thence leaving said line and running North 34047' East 617.5 feet, more or less, to a point in the Southwesterly boundary of Parcel A, as described in the Deed from Marin Title Guaranty Company, a corporation, et al, to Herbert A. Crocker & Co., a corporation, recorded March 18, 1952 in Book 734 of Official Records at page 318; thence North 34030' West 38.811 feet to the Southeasterly corner of the lot conveyed by Marin Title Guaranty Company, to Marin Municipal Water District, by Deed recorded June 28, 1951 in Book 700 of Official Records at page 89, Marin County Records; running thence along the Easterly line of said tract, North 16°53' West 56.889 feet to the Northeasterly corner of said tract; thence North 71°46' East 13.866 feet, North 75°19'30" East 114.37 feet and North 85022'30" East 144.16 feet to the point of beginning. EXCEPTING THEREFROM the lands described in the Deed from San Rafael Title Company, to Marin Municipal Water District, recorded May 12, 1948 in Book 583 of Official Records at page 300, and in the Deed from Marin Title Guaranty Company, to Marin Municipal Water District, recorded June 28, 1951 in Book 700 of Official Records at page 89, Marin County Records. ALSO EXCEPTING THEREFROM the included portion of the land described in the Deed from klarin Title Guaranty Company, et al, to Herbert A. Crocker & Co., recorded March 18, 1952 in Book 734 of Official Records at page 318, Marin County Records. CONTINUED I PARCEL TWO CONTINUED ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation, to Warren C. Connason, et ux, recorded Janury 14, 1957 in Book 1085 of Official Records at page 621, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation, to Monty Williams, et al, recorded August 13, 1957 in Book 1134 of Official Records at page 172, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation to the Marin Municipal Water District, recorded February 15, 1954 in Book 850 of Official Records at page 65, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation to Emil Raymond Bettini, et ux, recorded May 24, 1956 in Book 1030 of Official Records at page 350, Marin County Records. ALSO EXCEPTING any included portions of the herein described property lying within the boundaries of the following subdivisions: A. Map of Rafael Highlands, Unit One, San Rafael, California, filed for record August 18, 1954 in Volume 8 of Maps at page 19, Marin County Records. B. Map of Rafael Highlands, Unit Two, San Rafael, California, filed for record January 20, 1956 in Volume 9 of Maps at page 13, Marin County Records. C. Map of Newman Highlands, San Rafael, California, filed for record June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records. ALSO EXCEPTING the lands described as Parcel Two in the Deed from Roberto. Winkler, et ux, to William T. Brogan, et ux, recorded May 18, 1965 in Book 1941 of Official Records at page 56, Marin County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Corporation, to F. William Lohse, et ux, recorded February 19, 1958 in Book 1172 of Official Records at page 451, Marin County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Corporation, to Charles A. Terry, et ux, recorded December 30, 1955 in Book 1244 of Official Records at page 612, Marin County Records. AL501 EXCEPTING THL. -FRO,%l that portion thereof desc. ed as fol[ows: 8EGIiVNING at the Southerly corner of Lot 1, as shown upon the Map entitled, "Aiap of Sun Valley Heights Unit One, San Rafael, Calif.", filed for record March 5, 1954 in Book 8 of Maps at page 2, �ti9arin County Records, and running thence along the Westerly lines of said Lot 1 and of Lot 2, North 10043'30" East 191.396 feet to the Southerly line of a forty foot roadway easement; thence along said Southerly line South 65017' West 62.081 feet, and North 72056' 60.3 feet, thence leaving said Southerly line South 14035'41' West 138.775 feet to the Northerly line of a fifty foot roadway easement; thence along said Northerly line South 600 West 61.629 feet and South 76014' East 61.769 feet to the point of beginning. SCHEDULE B Order No. 59235 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. Easements for roadway and utility purposes over that portion of the herein described property lying within the boundaries of the 40 foot roadway referred to in that certain deed recorded April 18, 1913 in Book 151 of Deeds at page 160, Marin County Records. 4. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: September 19, 1950 in Book 665 of Official Records at page 34 Marin County Records For: Roadway and utility purposes Affects: Southeasterly portion 5. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: June 20, 1969 in Book 2305 of Official Records at page 580 Marin County Records For: Roadway and Public Utility purposes Aff ects: Southerly portion 6. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: October 9, 1981 as Recorder's Serial No. 81-44883 Marin County Records For: Drainage purposes, 12 feet in width Affects: Southerly portion 7. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company, a California corporation For: Underground conduits, pipes wires, cables, electrical conductors, gas pipelines, etc., 10 feet in width Affects: Southeasterly portion of Parcel One Recorded: November 23, 1983 as Recorder's Serial No. 83-59002 Marin County Records 8. Any facts, rights or interest which a correct survey of said property may disclose. 9. Compliance with the State Subdivision Map Act and local ordinances enacted thereto. General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $1,549.48. Assessor's Parcel No. 10-011-18 & 10-041-42 Code Area 8-000 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. � 1► ] p / ro ' • n0 �1+` h h o U a • c� .2' T� �l.l rr �� Z L• ))i•✓ZI J zw M n� x O V J n + < V � 1► ] p / ro ' • n0 �1+` i � • c� .2' T� �l.l rr �� V ))i•✓ZI -�1� N O � 1 �• �,J V ))i•✓ZI zw V O V J �L'i.• ~S Pry p•S! .•i." n ♦ /�Tmj i � 2t \ � N ,'` ill •c.-. � ls.;j ja,/ r � .t U .. p :�o�� -•- r moi) a VCb 3 •�'� _ D ED o.\ m o r s ti1ri D N M (p o W rj 0 0 :lj IF Z 3 6 0 ._ > DO -t n% . > _0o _ 02 This plat is for your aid in locating your land with refarenc2s to str:.sts and other cn w� z parcels. It is not a survey. While this plat is beleivad to t:e cirr:ct, `^ C')/ ;; assumes no liabilityfor an loss eccurring b' mason cf a: p(U--)0 CALIFORNIA LAND TITLE CU',i "'NY GF f.-A.1%11111Cb v 0 `^ 810 FIFTH AVENUE `D 0 SM RAFAEL, CALIFUNIA 94902 o_ J, . •, j � —0 + 7-- :77 A Cb r) m ydM�-- ..H13pyZ173 r . 0 y Q 11114 y161. is for your aw In locating your land with references to stye ; erd J parcels. It is not a survey. While this is belaived to be come; t, t;, c;r,;a�t� assumes no liability for any IosS occu,,, tg by reason of re!iance thereon. I y CALIFORNIA LAND TITLE COMPANY OF MARIN 810 FIFTH AVENUE SAN RAFAEI° CALIFORNIA 94902-77 M �C (,)'b j 1 j ® \ I Cb CD m IL rn a I ;. Z o 2 0 16 y Q• N , � ti � u F CD _. 4 �y,3 Ex a .M m _=I :kzii4 ' ref•! "1, Y �'� � / O rn o lei �•' m i\ N �' Y N o= � U1 \ i m -� •�, v� L �h� J A (li Z V z n z Cr � =z rr � � .r< r 4 . r C -• `� • M �C (,)'b j 1 j ® \ I Cb CD m IL rn a I ;. Z o 2 0 16 y Q• N , � ti � u F CD _. 4 �y,3 Ex a .M m _=I :kzii4 ' ref•! "1, Y �'� � / O rn o lei CP 0 o CD O CAL". , Q A (li Z y.,4. z Cr � r �' • , ; 1 � •� � "ice � 0 `� • 0 rn • r 'igrN .s .v O a •fI)�SO'y. . 4f ,00 l �4.�� is �i�i IN -+ � '• 62 % • .• , 44 � � 0 •o H4 eco e o p .,•„. v . ,••.. .may. N co o ..� u .,f CU V �_ Q i� r • l^) A �-• io A is. ..• • 17 r� n, r rb n I � 3• t. O n n 0 0 x 0 n �D D LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not Insure against loss or damage, nor against costs, attorneys" fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an in- spection of the land or by making inquiry of persons in pos- session theeof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. & (a) Unpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. b. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to In Schedule A. or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing In this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any low, 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 of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant: (b) not shown by the public records and not otherwise excluded from coverage but known to the insured 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 cilsclosed in writing by the insured claimant to the Company prior to the date such insured claimant become an insured hereunder. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. P. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) 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 land, 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 righis appears in the public records at Date of Policy. 3 Defects, liens, encumbrances, adverse Claims. or other matters (a) croated, suffered, assumed or arireed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the dote such insured claimant became on insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)attoching or created subsequent to Date of Policy; (e) resulting In loss or damage which would riot have b ---n sustained if the insured claimant had paid value for the estate or interest Insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) LIST OF PRINTED LXCEPTIONS AND EXCLUSIO.. (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 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 low or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you ■ that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date this does not limit the lobar and material lien coverage in Ilam 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: Part I (a) Any rights. interests or claims of portles in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. .4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters ore expressly excluded from the coverage of this policy. 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 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, lions, 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 claimant ether 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 to; labor or rnaterial or to the extent insurance is afforded herein as to assessment 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 or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. California Land !! Title Company of iViarin California Land Title Company of Marin u 851 IRWIN AT THIRD • P.O. BOX 711 • SAN RAFAEL, CA 94915 • (415) 454-9323 ❑ 1704 NOVATO BLVD. • P.O. BOX 845 • NOVATO, CA 94947 • (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 • (415) 383-8410 PRELIMINARY REPORT Escrow Officer: PAUL HICKMAN PROPERTY REFERENCE May 21, 1934 (PleaseConjirrn) Date: 59256 PH Assessor's Parcel No. Our No. 177-240-14720 Your No. Buyer: County of Marin Dated as of . , .. May 1.5 ....... 19..84.. at 7:30 A.M. In response to the above referenced application for a policy of title insurance. hereby reports that 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 riot shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY, IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE 18SUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is. 1. California Land Title Association Standard Coverage Policy is 2. American Land Title Association Owner's Policy Form B U 3, American land Title Association Residential Title Insurance Policy ❑ 4. American Land Title Association Issui lauuyersTitl r,Tnsurance Crporatiou Ar ...i SCHEDULE A Order Na 59256 PH The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel One and AN EASEMENT as to Parcels Two and Three Title to said estate or interest at the date hereof is vested in: The Trust for Public Lands, a non-profit California public benefit corporation The land referred to in this report is situated in the State of California, County of Marin and is described as follows: DESCRIPTION ATTACHED ALL THAT CERTAIN REAL PROPERTY situate in the County of Marin, State of California, more particularly described as follows: PARCEL ONE: BEGINNING at a post marked "T.M.2." at the northwesterly corner of that certain tract of land which was conveyed by Henry A. DuBois Jr., to the Mount Tamalpais Cemetery by Deed dated July 6, 1880 and recorded in Book "U" of Deeds, at page 554, Marin County Records, which said corner is Station 2 of the °survey of the Rancho San Pedro Santa Margarita y Las Gallinas and bears north 11 15' east (along the boundary of said rancho survey) 70 chains and 20 links from an artificial mound of stones on the summit of the hill know as "Red Hill" which said stone mound is the place of beginning of the final survey of said rancho;running thence along the boundary of said rancho south 110 15' west 1402.2 feet to an iron pipe; thence leaving said boundary line and crossing and subdividing the so-called "Mount Tamalpais Cemetery Tract". North 76° 44' east 970 feet to an iron pipe; and south 56° east 799.1 feet to an iron pipe set in the easterly line of last mentioned tract and the westerly line of the lands formerly owned by Alexander Forbes; thence along said line north 34° east 1000 feet, more or less, to the boundary of the lands heretofore owned by Lucas; thence along the southerly boundary of said Lucas Ranch; north 65° 30' west 2,058.0 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that portion of lands therein described in Parcel One; BEGINNING at the east corner of that certain parcel of land described in the Deed from P.D. Apfelbaum, et ux, to Ellabee Development Corporation, recorded May 11, 1965 in Liber 1939 of Official Records, at page 36, Marin County Records; running thence along the Southereasterly boundary line of said Ellabee parcel south 340 08' 11" west 80.00 feet thence leaving said Ellabee boundary line and running north 31° 29' 31" west 128.35 feet to the northeast boundary line south 68° 53' 02" east 120.00 feet to the point of beginning. PARCEL TWO: ANY Right, Title, or Interest, if any, in that certain street and utility easement across the following described parcel of land, as conveyed by Carlos R. Freitas, et al, to Carl A. Roy, et al, by that certain Access Agreement recorded December 24, 1962 in Book 1643 of Official Records at page 529, Marin County Records." AN EASEMENT for roadway and utility purposes over a strip of land 54 feet in width Iving 27 feet on each side of the following described center line. BEGINNING at a point on the southerly boundary of the lands heretofore owned by Lucas, which point lies north 65° 30' 00" west 200.00 feet from the most westerly corner of the property conveyed to Thorinson Construction Corporation, by Deed recorded December 17, 1952 in Liber 780 at page 483, Marin County Records; thence leaving said Lucas Ranch boundary and proceeding north 60°00' 00" east 59.50 feet; thence easterly on a curve concave to the southeast tangent to the preceding course having a radius of 200.00 feet, through a central angle of 56° 30' 00" for a distance of 197.22 feet; thence south 62° 30' 00" east, 14 feet more or less to a point on the northwesterly boundary of said Thorinson property (780 Liber 483), which point lies north 34° 23' 00" east, 128.41 feet more or less from the hereintofore mentioned most westerly corner of the Thorinson property (780 Liber 483) said point being the westerly terminuis of that certain easement conveyed by Alan M. Kay, et ux, to Carl A. Roy, et ux, by Deed recorded December 6, 1962 in Liber 1637 of Official Records, at page 387, Marin County Records. I nF ( Pnn-c PARCEL THREE: AN EASEMENT for the purpose of laying down, repairing, replacing and generally using a water main pipe or pipes over and along a strip or parcel of land 5 feet on each side of the following described line: BEGINNING AT A STAKE SOUTH 340 west 11.5 feet and north 650 30' west 871.2 feet from the section monument known as "ES" thence south 340 west 872 feet; thence south 650 west 100 feet, more or less, to Willow Avenue; thence southeasterly along said Willow Avenue to the Main entrance of the tract know as "The Mount Tamalpais Cemetery Tract". BEING the same right of way reserved in the Deed from Henry A. DuBois to the Mount Tamalpais Cemetery, a Corporation, recorded July 8, 1880 in Liber "U" of Deeds, at page 554, klarin County Records. Page 4 of 6 Pages Order Na 59256 PH At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as f ollows: 1. 2. 3. 4. A) B) C) General and special County taxes for the fiscal year 1984-1985 , a lien not yet payable. General and special County taxes for the fiscal year 1983-1984, securing 1. Amount currently assessed 1st Installment $803.08 Paid 2nd Installment $803.08 Delinquent plus $80.30 penalty and $20.00 costs 2. Additional amounts that may be assessed within the guidelines defined in Chapters 49 and 242 of the Statutes of 1979 of the State of California. Assessor's Parcel No. 177-240-14,20 Code Area 89-006 The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the following deeds: Recorded December 1, 1913 in Book 156 of Deeds at page 435, Marin County Records Recorded December 4, 1913 in Book 156 of Deeds at page 471, Marin County Records Recorded October 6, 1919 in Book 207 of Deeds at page 224, Marin County Records For: Water run off and surface drainage Affects: All of Parcel One 5. Terms, Covenants, Conditions and Provisions contained in that certain "Judgment and Decree" under Marin Superior Court Case No. 6677 entitled, "E. Blois Du Bois, plaintiff vs. The Mt. Tamalpais Cemetery, Defendent", recorded August 5, 1924 in Book 52 of Official Records at page 280, Marin County Records 6. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company, a California Corporation For: Pole line purposes Affects: A Northeasterly portion Recorded: April 13, 1949 in Book 610 of Official Records at page 387 Marin County Records Said easement includes the right to trim trees along the route thereof. 7. An easement aff ing the portions of said land and the purposes hereinafter stated, and incidental purposes as provided in the insrrument Recorded: December 11, 1956 in Book 1079 of Official Records at page 137 Marin County Records For: Pipeline and water tank Affects: Easterly line 8. Access Agreement executed by and between Carl A. Roy, et ux and Carlos R. Freitas, et al, recorded December 24, 1962 in Book 1643 of Official Records at page 529, Marin County Records 9. Effect of Declaration of Denial of Easement recorded February 16, 1965 in Book 1911 of Official Records at page 168, Marin County Records. 10. No assurance is given as to access to a public roadway CHAIN OF TITLE: According to those records which, under the recording laws impart constructive notice of matters relating to the property described herein, we note the following conveyances for the six month period immediately preceding the date indicated on this preliminary report: By Deed recorded December 30, 1983, as Recorder's Serial No. 83-65676, Marin County Records. This plat is for you r• aid in iccating your land with referenras to ;treats and of:►_: parcels. It is net a survey- While this plat is believed to to correct, the: a^� assumes no liabilib; for any Icss occurring by rc-.s::!3: reli=rca CALIFOrPMA LAPID TITLE COMPANY OF P:1.;R!PJ B51 IRti`JIN ca THIRD SAN RAFAEL, CALI- ODtd1A 94:01 M rn M n �O 8 O (bco Y.` j / • O lD lD dO0 C OwNcp.. O o voPiz mo - 0 m �C �c as � wCD \ o� C, r n O zz C1,c� M rn M n �O 8 O (bco Y.` j / • O lD lD dO0 C OwNcp.. O o LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 9973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the fcllowing: Part I i. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2- Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by on in- spection of the land or by making Inquiry of persons In pos- session theeof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines. shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. G. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A. or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. 7. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any low, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prop,biting the occupancy, use or enjoyment of the land, or regulating the character, dimensions c, iocction of any improvement now or r ,ye,jtter erected on the land, or prohibiting a separation in ownership or a reduction in the of area of t-ne land, or the effect cf c^y viclotion of any such law, ordinance or governmental regulation. 2- Righis 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. De'acts, 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 claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy 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; (e) resulting in loss or damage which would not have been sustained if the insured claimant had po'd va;ue for the esfote or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Sic':) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against foss, 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: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us. on the Policy Date - unless they appeared in the public records. • that result In no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A. or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In oddition to the Exclusions. you are not insured against loss. costs, attorneys' fees, and expenses resulting from: Part I (a) Any rights, interests or claims of porties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. Tnis exception doss not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights. claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE ne fc : ng maµers are expressly e:-:clud---1 from the coverage of this policy 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 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 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 croated 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 offordod he,aln as to assossment for stroet improvemonts undor 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 or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.