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Home My WebLink AboutAttachmt 10 Stg 2 Rez Bklt - Preliminary Title Report @ /tdJ~-13 CHICAGO TITLE COMPANY PRELIMINARY REPORT Dated as of: January 30, 2006 at 5:00 PM Regarding: Parcel 1, PM 8640 and Parcel 2, PM 8879 Dublin, California Order No.: 914044-1-MG 'pM ~e()3 CHICAGO TITLE COMPANY hereby reports that it Is prepared to Issue, or cause to be issued, as of the date hereof, a Polley 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 are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It Is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects. and encumbrances affecting title to the land. --< THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS 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: . California land Title Association Standard Coverage Polley - 1990 , Title Department: visit Us on The ~eb: @ westerndivision.ctt.com CHICAGO TITLE COMPANY 2150 John Glenn, Suite 300 Concord, CA 94520 Phone: (925) 288-8000 Fax: (925) 521-9562 Escrow Department: CHICAGO TITLE COMPANY One KaIser Plaza, Suite 745 Oakland. California 94612 (510) 451-8888 fax: (510) 465-0738 Escrow No.: 914044-1 MARK GOODRICH TITLE OFFICER Kris Owens ESCROW OFFICER PFP -oe/05/99bk SCHEDULE A Order No: 914044-1 MG Your Ref: 1. The estate or interest in the land hereinafter' described or referred to covered by this report is: A FEE AS TO PARCELS A AND B-1; AN EASEMENT AS TO PARCEL B-2 , 2. Title to said estate or interest at the date hereof is vested in: HONG YAO LIN, A SINGLE MAN, AND HONG LIEN LIN, A SINGLE MAN, AND CHANG SU-O LIN, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, EACH TO AN UNDIVIDED ONE-THIRD INTEREST AS TENANTS IN COMMON 3, The land referred to in this report is situated in the State of California, County of Alameda and is described as follows: SEE ATTACHED DESCRIPTION ~ PREA .10/31/97bfc . Page 1 DESCRIPTION Order No. 914044-1 REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A. PARCEL I, AS SHOWN ON PARCEL MAP 8640, FILED NOVEMBER 10, 2005 IN MAP BOOK 286 AT PAGES 7 AND 8, ALAMEDA COUNTY RECORDS, PARCEL B-1. PARCEL 2, AS SHOWN ON PARCEL MAP 8879, FILED BOOK AT PAGES ALAMEDA COUNTY RECORDS. , 2006 IN MAP PARCEL B-2. AN EASEMENT FOR PRIVATE LANDSCAPE CONSTRUCTION AND MAINTENANCE, OVER, ALONG AND ACROSS THAT PORTION OF PARCEL 3, OF PARCEL MAP 8640, FILED NOVEMBER 10, 2005 IN MAP BOOK 286 AT PAGES 7 AND 8, ALAMEDA COUNTY RECORDS, SHOWN AND DESCRIBED THEREON AS .PRIVATE LANDSCAPE CONSTRUCTION AND MAINTENANCE EASEMENT". APN: 985-0009-015-02 (PORTION) NOTE: The above description of Parcel B-1 is based on a parcel map which has not yet been filed in the public records of Alameda County, Any use of this legal description prior to the filing thereof may create a division of land in violation of the Subdivision Map Act. Any use of this description for purposes of conveyance or encumbrance prior to the filing of such parcel map shall be deemed to be without the consent of the Company, SCHEDULE B Page 1 Order No: 914044-1 MG Your Ref: 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 fonows: A 1. County and city taxes for the fiscal year 2006-2007, a lien not yet due or payable. B 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, Revenue and Taxation Code, Sections 75 et seq. C 3. Waivers of claims for damages by reason of the location, construction, landscaping or maintenance of a freeway in the vicinity of the land, as set forth in the deeds to the State of California Recorded JULY 18, 1950, BOOK 6166, PAGE 447 Recorded JULY 25, 1950, BOOK 6172, PAGE 309 OFFICIAL RECORDS D 4. Easement, upon the terms, covenants and conditions thereof, for purposes stated therein and incidental purposes created in that instrument For Condemned to Recorded the certain Affects SLOPE AND DRAINAGE STATE OF CALIFORNIA AUGUST 27, 1969, REEL 2467, IMAGE 563, SERIES NO. 69-96936, OFFICIAL RECORDS A SOUTHERLY PORTION OF PARCEL A E 5. Master Development Agreement, upon the terms, provisions, covenants and conditions contained therein Dated MAY 18, 1999 Executed By THE CITY OF DUBLIN, CHANG SU-O-LIN (ALSO KNOWN AS JENNIFER LIN) , HONG LIEN LIN (ALSO KNOWN AS FREDERIC OR FREDERICH LIN) AND HONG YAO LIN (ALSO KNOWN AS KEVIN LIN) Recorded JULY 8, 1999, SERIES NO. 99251790, OFFICIAL RECORDS F Amendment to Master Development Agreement, upon the terms, provisions, covenants and conditions contained therein Executed By THE CITY OF DUBLIN, CHANG SU-O LIN, HONG LIEN LIN AND HONG YAO LIN Recorded OCTOBER 21, 2005, SERIES NO. 2005455429, OFFICIAL RECORDS G 6. Easement, upon the terms, covenants and conditions thereof, for the purposes stated therein and incidental purposes created in that certain PRES -I0/31/87bk Page 2 SCHEDULE B (continued) Order No: 914044-1 MG Your Ref: instrument Recorded NOVEMBER 13, 2003, SERIES NO. 2003673645, OFFICIAL RECORDS THE CITY OF DUBLIN STORM DRAIN FACILITIES A 15' STRIP AFFECTING EASTERLY PORTIONS OF PARCEL A AND A WESTERLY PORTION OF PARCEL B-1 Granted to Purpose Affects H 7. Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing to secure an indebtedness in the original amount shown below Amount $2,250,000,00 Dated DECEMBER 1, 2003 Trustor CIll\NG SU-O LIN (AN INDIVIDUAL ALSO KNOWN AS JENNIFER LIN), HONG LIEN LIN (AN INDIVIDUAL ALSO KNOWN AS FREDERIC LIN) AND HONG YAO LIN (AN INDIVIDUAL ALSO KNOWN AS KEVIN LIN) Trustee FIRST AMERICAN TITLE INSURANCE COMPANY Beneficiary THE CITY OF DUBLIN, A MUNICIPAL CORPORATION Loan No. NONE Recorded DECEMBER 16, 2003, SERIES NO. 2003728567, OFFICIAL RECORDS Affects THE HEREIN DESCRIBED LAND AND OTHER LAND I 8. If extended coverage title insurance will be requested, or if this report has been issued to facilitate a request for extended coverage title insurance, then the following would also be exceptions to coverage: (A) Matters which may be disclosed by inspection or by a survey of the land that is satisfactory to the Company, or by inquiry of the parties in possession thereof. . J END OF BXCBPTIONS MG 02/13/06 K TAX NOTB. County and city taxes 1st Installment 2nd Installment Land Improvements Personal property Exemption Parcel No. Rate Area Affects for the fiscal year 2005-2006 $68,369.10 PAID $68,369.10 PAID $12,195,067.00 NONE NONE NONE 985-0009-015-02 26025 THE HEREIN DESCRIBED LAND AND OTHER LAND PffiJMBl)../23/.... Page 3 SCHEDULE B (continued) Order No: 914044-1 MG Your Ref: L SUBDIViSION NOTE. -.. Information in possession of the company indicates that a division of land is contemplated in the current transaction involving the land described in this report. As a prerequisite to the issuance of a policy of title insurance, a Final Map, Parcel Map, Certificate of Compliance or Parcel Map Waiver creating the subject division of land must be properly filed in accordance with the Subdivision Map Act (Government Code Section 66410, et seq.) . -~ PAEUMBC<l/23/93bI< , I CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial GrouD of Comoanies' Privacv Statement July 1, 2001 We recognize and respect the privacy expectation of tooay's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information iPersonal Information'), and to whom it Is disclosed, wili form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may coliect Personal Information about you from the following sources: * From applicallons or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affftlates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Informallon from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access In connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as Insurance companies, agents, and other real estate selllement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform markellng or other functions on our behalf; and * to others with whom we enter Into joint marketing agreements for products or services that we believe you may find of Interest. In addition, we will disclose your Personallnformallon when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure Is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the Important responsibilities of some of our affiliated companies Is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRlVACYT -10/21/00AA Altachedto Order No. 914044-1 MG LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CAliFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM.COVERAGE The following mailers are expressly excluded from the coverage of this policy and the Compeny will not pay loss or damage, costs, attomey's fees or expenses which arise by reason of: 1. ~'" 2. 3. (a) (b) (c) (d) ....,~ (el 4. 5. 6. (a) Any law, ordinance or governmental regulation ~ncludlng but notllmRed to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to ~) the occupancy, use, or enjoyment of the land; ~I) the character, dimensions or location of any Improvement now or hereafter erected on the land; ~i1) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or Qv) environmental protection, or the effect of any violation of these laws, ordinances or govarnmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuRlng from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Arty governmental police power not excluded by (a) above, except to the 8JClentthat a notice of the exercise thereof or a notice of a def8ct, lien or encumbrance rasultlng from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which V/Quld be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: whether or not recorded In the pUblic records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing 10 the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting In no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy; or resulling in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or Interest Insured by this policy. Unenforceabillty of the lien of the Insured mortgage because of the ability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply wRh applicable doing business laws of the slate In which the land Is situated. Invalidity or unenforceabillty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or truth.in~ending law. Any claim, which arises out of the transaction vesting In the insured the estate or interest insured by this policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal bankruptcy, slate Insolvency or similar creditors' rights laws. This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which ere 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. At1y facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, Ilens, 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 ehown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or t~le to water, whether or not the mallers excepted under (a), (b) or (c) are shown by the public records. a.TASCP - 05/12/95 AA Attached to Order No. 914044-1 MG AMERICAN lAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) ""d AMERICAN lAND TITLE ASSOCIATION lEASEHOLD OWNER'S POLICY (10-17.92) EXCLUSIONS FROM COVERAGE The following malters are expressly axcluded from the coverage of this policy and the Company will not pay loss or damage, costs, allomey's fees or expenses which arise by reason of: 1. (a) MY law, ordinance or govarnmental regulation Qncludlng but not IImlled to building and zoning laws, ordinances, or regulations) 1 restricting, regulating, prohibiting or relating to Q) the occupancy, use, or enjoymant of the land; Qi) the chatacter, dimensions or location of any Improvement now or hereafter erected on the land; QiI) a separation in ownership or e change In the dimensions or area of the land or any parcel of which the land Is or was a part; or Qv) environmental protection, or the effect of any violations of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance rasulling from a violation or allegad violation affecting tha land has baen racorded in the public records at Date of Policy. 2. 3. (a) (b) (c) (d) ...i (e) , 4. , (b) MY govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but nof excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liensl encumbrances, adverse claims or other matters: created. suffered. assumed or agreed to by the Insured claimant; not known to the Company, nof recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; resulting in no loss or damage to the Insured claimant; attaching or created subsequantto Date of Policy; or resulting In IOS8 or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. My claim, which arises out of the transaction vesting In the insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is basad on: Q) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or Oil lhe transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien credilor. The above policy torm. may be Issued 10 afford either Stendard Coverage or Extended Coverage. In addition to the ebove Exaluaiona from Coverage, the exceptions from Covarage In a Stendard Coverage policy will also Include the following General exception.: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damaga (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are nof shown as exlstlng 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. My facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or by making Inquiry of persons In possession thereof. 3. Easements,lIens, or encumbrances, or claims theraof, which are nof shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In Brea, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (8) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the malters excepted under (a), (b) or (c) are shown by the public records. AlTAOPEC.. 05/12/95 AA f C Iil C r I ' ml I I · iI~ I I ! I I IIml Ii I I I I I ~ i II :ra sf I I . I 'i I - I J I J1~ ! < I Iii , I ~I iil~ II gil, ~ ~~S . I ~ ! I1II I~ I ! il;fll~l~ -, Ii ~ I i1ii il ~ I H~' ~li I ~1;iI" i 1< >1 ~ $ ~ s ;~!i if Ii ~ . i ,il~ iI I . ! ! il~1 ~. I ~liI 1~ls ~ I II~~ ~ I . ~ ~ II ~!i~ f ! lii, j Ilils ~ ~I~ I~~~ J . ~I~ s ! 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