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Home My WebLink AboutItem 4.17 DubBlWid ROWCZTY'CLERK FILE # 600-30 AGENDA STATEMENT CTTY COUNCTL MEETTNG DATE: November 6, 2001 SUBJECT: Approval of Right-of-Way Contracts for the Dublin Boulevard Widening Project from Village Parkway to Sierra Court/Civic Plaza Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Summary of Right-of-Way Acquisition Right-of-Way Contracts for 7 parcels RECOMMENDATION: 1) 2) Approve the purchase of real property located at 6851 Dublin Boulevard, 7017 Dublin Boulevard, 6801 Dublin Boulevard, 6207 Sierra Court, 6300 Clark Avenue, 6991 and 6999 Dublin Boulevard, and 7035 Dublin Boulevard (7 parcels total) Authorize the City Manager to sign the Right-of-Way Contracts for these seven parcels and issue seven checks in the amounts shown in the Proposed Administrative Settlement Amount column of Attachment 1, all payable to American Title Company for deposit into escrow. FINANCIAL STATEMENT: The seven right-of-way contracts, if approved, would authorize the payment of $320,727 for the purchase of portions of seven parcels, together with public service easements, public access easements and temporary construction easements needed for the Dublin Boulevard Widening project. The budget for the purchase of 10 parcels needed for the Dublin Boulevard widening project is $445,000 and there are adequate funds to purchase the seven parcels mentioned above, as well as for the three parcels not a part of these contracts. The cost of the land acquisitions is being funded with State Transportation Improvement Program funds and Alameda County Congestion Management Agency Transportation Improvement Program funds. DESCRIPTION: In order to widen this phase of Dublin Boulevard, the City needs to acquire portions of 10 parcels of land, including public service easements, public access easements and temporary construction easements. The City's consultant, Associated Right-of-Way Services, appraised the 10 parcels needed for the Dublin Boulevard Widening project from Village Parkway to Sierra Court/Civic Plaza and has been negotiating with the property owners to acquire necessary property rights. COPIES TO: Larry Castellanos, ARWS ITEM NO. ~ g:\miscproj\dbw-VPW - sierra\Agst Purchase Agmt Approval 7 Parcels.doc The market value of the properties to be acquired was based on an appraisal prepared by the consultant and approved by the City. These amounts were offered to the 10 affected property owners, and seven property owners have subsequently agreed on a proposed settlement amount. The necessary Right-of- Way contracts have been signed (see Attaclunent 2), and the proposed settlement amounts are summarized in Attachment 1. Three other parcels are still in the process of acquisition. Of these three parcels, Dublin San Ramon Services District and Zone 7 have given the City the necessary Permits to Enter and Do Work so that construction work within the properties can proceed while right-of-way is being transferred. The contract for the one remaining parcel is being finalized and Staff anticipates settlement of its purchase in the near future. Staff recommends that the Council approve the purchase of real properties located at 6851 Dublin Boulevard, 7017 Dublin Boulevard, 6801 Dublin Boulevard, 6207 Sierra Court, 6300 Clark Avenue, 6991 and 6999 Dublin Boulevard, and 7035 Dublin Boulevard (total of 7 parcels) in the amount of $320,727. It is further recommended that the Council authorize the City Manager to sign the right-of-way contracts for seven parcels; and to issue seven checks in the amounts shown in the "Proposed Administrative Settlement Amount" column of Attachment 1, all payable to American Title Company for deposit into escrow. -2- SUMMARY OF RIGHT OF WAY ACQUISITION DUBLIN BOULEVARD WIDENING PROJECT Village Parkway to Sierra Court CIP~96920 October 31, 2001 APN Owner/ Proposed Type of Acquisition Property Address Administrative Settlement Amount 941-0205- Bernal Investments $65,992 Fee 1,448 sf 001-35 6851 Dublin Blvd. TCE 2,280 sf PSE 2,857 sf PAE 477 sf 941-0210- Richard G. Burge $28,000 Fee 477 sf 026 7017 Dublin Blvd. TCE 1,250 sf 941-0205- Greg Kent $76,500 Fee 1,353 sf 001-58 6801 Dublin Blvd. TCE 2,369 sf 941-0205- Greg Kent & $30,500 Fee 484 sf 013-02 Beverly Kent TCE 1,006 sf 6207 Sierra Court 941-1401- Bonanza Markets $75,315 Fee 1,958 sf 003 Laura Kubinski TCE 1,947 sf (Albertson's, Inc.) 6300 Clark Avenue 941-0210- Peter & Maxine Delanoy $40,920 Fee 807 sf 027-01, 02 6991 & 6999 Dublin TCE 2,112 sf Blvd. PSE 149 sf 941-0210- California State $3,500 TCE 676 sf 025-02 Automobile Assoc. (owner agreed on 7035 Dublin Blvd. appraised value) Total = $320,727 G.'lmiscprojldbw- VP to SierralRight of Way Acquisition Summary. doc GRANTOR: PRO/ECT: ALBERTSON 'S~ INC. C~TY OF DUBLrN -- DUBUN BOULEVARD WIDENING APN: 941-1401-003 CITY OF DUBLIN RIGHT OF WAY CONTRACT Inconsideration of the terms and conditions set fo~da in this Right of Way Contract (the "Contract") Lucky Store Properties, Inc. a Delaware corporation, successor in interest to Bonanza Markets, a California corporation, by merger dated 01/13/95 and a wholly owned subsidiary of Albertson's Inc., a Delaware corporation. ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exlu~bit "A', incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set foffit, it is mutually agreed as .of the date first written herein below as. follows: 1. Entire Agreement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall A. Pay the sum of Seventy-five Thousand, Three Hundred Fifteen and No/100 Dollars ($75,315.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination of Just Corapensation, delivered separately and by reference made a part of this Contract, to the foll6wing title company: American Title Company (or any other title company selected by City) for the account of the GRANTOR, Escrow No. 605934 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, (recordbd or unrecorded.), assessments and taxes except any exceptions to title which are acceptable-to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated July 28, 2000, and updates thereof. Cica-Lng B. P~y all escrow, recording and title insurance charges, if any, incurred in this transaction. Have the authority to deduct and pay from the amount shown in Paragraph 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2A above. Close of escrow for this transaction shall be contingem upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. Page I of 4 $:lCity of Dublin ¢/¢ GRANTOR: PROJECT: ALBERTSON~S~ ~NC. CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-1401:003 The consideration set forth in Paragraph 2A herein shall include payment in full for .the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired are: Fee and Temporary Construction Easement, respectively, as described in Exhibit "A". 3. Temporary Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for all purposes connected with the consmaction of the proposed public improvement for a period not to exceed two (2) years. Said period to commence with first entry on GRANTOR'S property by CITY'S contractor. At least 48 hours advance written notice will be given before any entry on GRANTOR'S property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. The CITY agrees to the terms and conditions in the Temporary Construction Easement Addendum referenced in this Agreement as Exhibit "C" attached hereto. Said Temporary Construction Easement Addendum'shall be attached to Grant Deed as Exkibit "B". A. CITY agrees upon completion of any of its works hereunder to restore, as near as poss~le, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. B. It is understood that the TCE shall expixe on December 31, 2003. 4. Permission to Enter GRANTOR's Land for Construction Purposes Permission is hereby granted to CITY or its authorized agent to enter on GRANTOR's land, where necessary, to conform driveways and perform miscellaneous construction contract work. GRANTOR understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOR's sole property and GRANTOR will be respons~le for maintenance and repair. 5. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 6. ' Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Contract on behalf of both parties. Page 2 of 4 $:/Ci~y of Dublin/Albertson %, Inc./Right of Fgay Contract/bh/080201 GRANTOR: PROJECT: ALBERTSON'S, INC. CrrY oF DUBLIN-- DUBLIN BOULEVARD WIDENING APN: 941-1401-003 7. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the property, there have. been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste, on, from, or under the property which may have occurred prior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 8. Right of Possession and Use It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Contract, the right of possession and use of the subject property by CITY, and/or its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on July 3I, 2001, or close of escrow, whichever occurs first, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the patties to this Contract. 10. No Leases GRANTOR warrants that there are no oral.or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 11. Quitclaim Deeds If any lessee interests are identified in Paragraph 9 herein, as a condition precedent to close of escrow, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR's primary responsibility to secure any Quitclaim Deeds or releases; however, CITY agrees to reasonably assist GRANTOR in securing said Quitclaim Deeds or releases. 12. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that rids Contract shall have no force Or effect unless and until said CITY approval has been obtained and funding secured. Page 3 of 4 S.'/Ciry of Dublin/Albertson 's, Inc./Right of Way Contract/bh/080201 GRANTOR: PROJECT: ALBERTSON'S~ INC. CrrY OF DUBLIN -- DUBLIN BOULI~VAKD WIDENING APN: 941-1401-003 13. Authority, to Sign GRANTOR and the signatories represent and warrani that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are required to implement this Contract on behalf of GRANTOR. 14. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR" shall include the plural as well as the singular number.) IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written herein below. CITY OF DUBLIN: By: Title: Lu4~-~tores, Inc. a pela~are ~rporation L~ncoln V. St~rp, Jr. Date: Its: Vice President Taxpayer I.D. # ~z~--OZ~ O 700 Date: NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 4 of 4 S:/Ciry of Dublin/Albertson 's, Inc./Right of Way Contract/bh/080201 Alameda County, California EXHIBIT A I O03 Bonanza Markets Page 1 of 2 PARCEL I (1003-1) (Fee) Being a portion of the lands described in the deed to the Bonanza Markets as recorded on March 28, 1972 at Reel 3091 Image 935 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at the northwesterly corner of Parcel I of the Amended Parcel Map 725, filed October 29, 1971, in Book 72 of Parcel Maps, at page 23; Thence along the northeasterly line of said Parcel I S.72°43'46"E, 97.767 meters; Thence along last said line along a curve to the right having a radius of 12.800 meters, through a central angle of 93°56'37'' for an arc length of 20.988 meters; Thence along last said line S.21°12'51"W 0.648 meters; Thence along a non-tangent curve to the left having a radius of 12,562 meters, from a tangent that bears N.21°I2'51"E., through a central angle of 93°56'37'' for an arc length of 20.597 meters; Thence N.72°43'46'~N. 29.118 meters; Thence along a curve to the left having a radius of 5.182 meters, through a central angle of 36°52'12" for an arc length of 3.335 meters; Thence along a reverse curve having a radius of 10.058 meters, through a centra angle of 36°52'12'' for an arc length of 6.472 meters; Thence. N.72°43'46'~V. 21.336 meters; Thence along a curve to the right having a radius of 10.058 meters, through a central angle of 36°52'12" for an arc length of 6.472 meters; Thence along a reverse curve having a radius of 5.182 meters, through a central angle of 36°52'12'' for an arc length of 3.335 meters; Thence N.70°57'46'~/V. 29.232 meters to the Point of Beginning. Containing 181.9 square meters more or less. Parcel 2 (1003-2)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on December 31, 2003, located in a portion of the lands described in the deed to the Bonanza Markets as recorded on' March 28, 1972 at Reel 3091 Image 935 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at the northwesterly corner of Parcel I of the Amended Parcel Map 725, filed October 29, 1971, in Book 72 of Parcel Maps, at page 23; Thence along the northwest line of said Parcel I S.21°12'51"W. 1.525 meters; Thence leaving last said line S.70°57'51"E. 29.337 meters; Thence along a non-tangent curve to the right having a radius of 3.658 meters, from a radial line that bears N.17°16'14"E., through a central angle of 36°52'12'' for an arc length of 2.354 meters; P.O.B, TCE (N) R/W (E) R/W LEGEND Point of Beginning Description by Chaudhary & Associates, Inc., doted June 28, 2001 Temporary Construction Easement New Right of Way Existing Right of Way EXHIBIT "A'" Parcel 1 (FEE) Parcel 2 (TCE) DUBLIN / /--P.O.B. ?/--N70"57'46"W ,~/ //Parcel 1 & .~- / 21.336 / 7 29.232'<," / 1.525 L 3.335 ~36'52'1~ / I I / / parcel 1 -- / - / I I / / Area=181,9 sq. ( oo3-2y TCE EXPIRES ~2/3~/o3 Parcel 2 Area=lBO. 9 sq. meters J: 10' P.O.&E. Easement -Inst. No. 72- 26464. BLVD /- N72'45'46"W /- S72'43'46"E ......-(1005-1) / 29.118 97.767 ' ~ __ / '~ R--5.182 \ I ' L=3.335 \ - R=3 658 L=2.554 R= 3.658--" L=2.354 A =36°52'12" R=10.058 A=36'52'12" iR~11.582 L 7,453 A = 56'52'1 -) ( 1005 INa. 72-39 I 29.118 ~. R=i 1.038_.....~'~ L=I 8.098 A = 93'56'37" R=12.562 =36'52'12" R=10.058 L=6.472 A=36 52 12 L=20.597 A=93'56'37" R=11.582 L=7.453 A =56'52'12" S68'47'09"E (R) P dr. 1 72 P.M. 23 S68'47'09"E 1.524 1 2.800 L=20.988 A=93'56'57" CHAuDI-IARY & ASSOCL~TES, ][NC. Engineers * Sm"v~yor~ · Planners. I~pector~ I I I I 9969plot$.dwg SCALE : 1:500 DATE: June 29, 2001 FILE No. 99-10-69 ACQUISITION & TEMPORARY CONSTRUCTION EASEMENT PLAT Of A Portion Of The I~ands of Bononza Morkefs MERICAN TITLE COMPANY EXHIBIT B PRELIMINARY REPORT in response to the application for a po/icy of t/tie insurance referenced herein, AMERICAN TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Po/icy or Policies of T/tie Insurance describing the/and and the estaCe or interest therein hereinafter set forth, insuring against loss which maybe sustained by reason of any defect, lien or encumbrance not shown or referred to as an Except/on herein or nor excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said po/icy forms. The printed exceptions.and exclusions from the coverage of sa/d Pofi'cy or Policies are set forth /'n Exh/bit A attached. Copies of the Po/icy forms shou/d be read. They are available from the off/ce which issued the report. This report (and any supplements or amendments hereto) is issued so/ely for the purpose of facilitating the issuance of a Po/icy or Policies of t/tie insurance and no liability is assumed hereby, if it is desired that liability be assumed pr/or to the issuance of a po/icy of t/fie insurance,- a £/nder or Commitment should be requested. The Po/icy(s) of t/fie insurance to be issued hereunder w/ii be policies of FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation. P/ease read the exception shown or referred to be/ow and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance po/icy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of t/tie and may not list ali liens, defects and encumbrances affecting title to the land. ~isigned .Am ~rican TiTle Company Serv~g the An"~'/con Dreom 3549 Castro Valley Boulevard · Castro Valley, CA 94546 (510) 537-2933 · FAX (510) 537-3640 PRELIMINARY REPORT ESCROW OFFICER: Bette Dawson TO: Chaudhary & Associates, Inc. 3272 Villa Lane Napa, CA 94558-3085 ATTN: Ed Krumrei YOUR REFERENCE.: 99-1 0-069 PROPERTY ADDRESS: A.P.N. 941-1401-3, Dublin, California ORDER NO.: 60593z~ SHORT TERM RATE: No EFFECTIVE DATE: July 28, 2000, 07:30 A.IV]. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy- 1990 American Land Title Association:~.oan Policy (1 0-17-92) with A.L.T.A. Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BONANZA MARKETS, a California Corporation 3. THE LAND REFERRED TO IN THIS REPORT 1S SITUATED IN THE CITY OF DUBLIN, iN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\sb 08/31/2000 3. 'ITEMS: (Continued) Note 2. Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-1401-3 Fiscal year 1 999-2000 1st Installment: $282.11 PAID 2nd Installment: $282.11 PAiD Exemption: $0.00 Land: ,~0.00 Improvements: $0.00 Personal Property: $0.00 Code Area: 26-000 Tracer No.: 396545-90 Order No. 605934 For proration purposes the Note 3. None of the items shown in this. report wil cause the Company to decli'ne to attach CLTA Endorseme~ Form 100 to an Extended Coverage Loan Policy, when issued. Note 4. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land Commercial Structure known as 6300 Clark Avenue, Dublin, CA to an Extended Coverage Loan Policy. Note 5. Note 6. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: City of Dublin, a corporation If these names are incorrect, incomplete or misspelled, please notify the Company There are NO ~.eeds affecting said land, recorded within twenty-four (24) months of the date of this rep-Crt. Note 7. Note 8. Note 9. Note 10. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO L'ONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting ~n an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. f the report cannot be cancelled "no fee" pursuant to the provisions of said insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 1 8668, effective January 1, 1991, requires that the buyer in al sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residentia real property in the State of California between July 1,1989 and February 28, 1 997, with certain rights, tf you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title Companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insu.rance companies, in which a mortgage, promissory note, or simitar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Requestin writing the recording of a reconveyance or release or obligation in the event that one inadvertently' had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. If you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, 17911 Yon Karman Avenue, Suite 300, Irvine, California 92614. EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [6-1-87) EXCLUSIONS addition to the Exceptions in Schedule rt, you ere not insured ag'~ns! }oas, costs, attorneys' f~, · land divi~on T~s ex~on d~ ~t ~p~y to vi~io~ or the a~foroement o~ thee ma~o w~oh ap&e~ in t~ ~c r~ds ~ ~ioy de~e, T~ ex~an d~s no~ ~mit ~ zo6~ covm~e d~ib~ in Items ~2 - ~ ~tice o[ exer~si~ t~ Hght a~pems in t~ ~ia records an the P~icy D~e e :~ taki~ hap~ ~i~ to t~ P~icy Date ~ ie bJ~i~ on y~ if you ~ght t~ }a~ ~t~ ~ge of t~ taking 3.Title Risks: · that are created, allowed, or agreed to by you · the1 ars known to volt, but not to us~ or~ the Policy Dete-utgeas they aooeerod in the public · that first affect your title after the Policy Date - this does not lima the labo~ and material lien coverage in Item 8 of Covered Title Risks 4. Falkne to pay value fo,' your title. 6. Lacl~ of a right: · to any land outside the area spec~ficsily described an(: refer'red to in Item :3 cf Schedule A This exclusion deee not limit .the access coverage in item 5 of Covered Title Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, YOU are not insured agsin~ Ioas, costs, attorneys' fee~, and the expenses :3. Any [acts about the land which ~ co~'recr survey would disclose anc which are not shown by the I:~Jbli( records. This aoas not limit the forced removal coverage in item 12 of Covered Title Risks. The following marcels a~e ex~ree~y excluded from the coverage of this policy and the Company will not 1. lei Any law, cx, ctinence or governmehtal regulation (including but not limited tobuilding and zoning laws, ordinances, cx regulations) restricting, reguiatlng, orohib~ng or relatJr~ Ii) the occupancY, use, or any cartel of which the land is or was a cart; er {iv) environmental ~otection, or the effect o[ any violation of the~e taWeD ofdinanoe~ cx governmental legulstions, except to the extent that a r~otica of violation affecting the land has been recorded in the public records at Date of Polio'. exertSse thereo[ or a notice of a defect, llen Or encumbl'anca res,Jlting [rom a violation or alleged violation affecting the land has been recorded in the public records at Date of Pcli~y. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Da~e o[ Policy, but not excJudlng from coverage any ~aking which has occurred prio~ to Date of Policy which would be binding On the tights of a purchaser for va~ue without knowledge. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAQE POLICY - 1990 EXCLUSIONS FROM COVERAGE ~' lei whether or nor reco~'~-~ in the public records at Date of Policy, but eroated, suf~med, assumed SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or axpen~e~) which arise by reason of: PART 1 1. Taxes or assessments wi~ch are not shown as existing liens by the records of any taxing authority that 3. Easements, liehe or encumbrances, or claims thereof, which a~'e not shown by'the public records. levies taxes or esses~ments on resi p~operty or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in eras. encroachments, or any other facts wh a co~ract survey would disclose, end which are not shown by the public records. which may result in taxe~ or assessments, or notices of m. Jch pi'oceedings, whether or not shown by 6. (al Unpatented mining claims; (b) reservations or exceptlot~e in patents ~r in Acts authorizing the records of such agency or by the public records. 2. Any t~ts, rights, interests or cialms which ara not shown by the public records but which cot~ld be issuance thereof; {cl water rights, claims Or title to water, whether o~ not the matters excepted un ascertained by an inspection of the [end or which may be asserted by pefsoiqe in possession thoreof. (al, (b), or (c) are shown by the public records. ASSESSOR'S MAP 941 RANCHO. SAN RAM'ON (J. M. Amadc~r) ~B~A.~'~ Pa.l?a) JEREMIAH FA'LLON 'TR.ACT lBk.~ ~.l). P M. 728 (B~.~Pg:~4) I~ ~ 725 {.B~. 7ZP~23){AMEN~ P M. 843 (~ 7s ~.~) -- Re~. Acr~ge .% Order: KIMBY5 Description: 94'I. '1401 Page 'I of '1 Comment: 6048t - Dublin, CA Grantor: TEMPORARY CONSTRUCTION EASEMENT ADDENDUM Albertsons, Inc., a Delaware corporation Grantee: City of Dublin, a California municipality Anything in this instrument to the contrary notwithstanding, Grantee by and exercising the rights herein granted agrees to the following conditions: (a) The easement(s) herein granted are subject to all easements and encumbrances of record and are non-exclusive provided later granted easements shall be subject to Grantee's rights and uses. (b) All lines, equipment and their related components and supports, if any, placed within the described easement area(s) by Grantee, or Grantee's agents or contractors, pursuant to this instrument ("Grantee's Property") shall remain the property of Grantee. (c) Grantor and its successors and assigns retain the right to full use of the surface of the described easement area(s) except where Grantee has placed Grantee's Property, provided, however, Grantor will not erect any bui'lding or major structure within the described easement area(s). (d) Grantee shall at all times safely operate and maintain Grantee's Property within the described easement area(s) and shall promptly repair and restore to its prior condition any paving, parking lot striping or other improvements, except planters, light standards, buildings and other major structures, existing within the described easement area(s) which are disturbed by the construction or maintenance of Grantee's Property by Grantee, or Grantee's agents or contractors. (e) Grantee shall not in the exercise of the within easement(s) unreasonably interfere or obstruct Grantor, or Grantor's agents or contractors, in the location or construction of any buildings located in the area adjoining the described easement area(s), or unreasonably interfere with any business of Grantor. Nothing in this Paragraph (e), however, shall allow Grantor or Grantor's agents or contractors to construct a building or other major structure within the described easement area as provided in Paragraph (c) herein, or to unreasonably interfere with Grantee's rights to construct, operate and maintain Grantee's Property hereunder. (f') The Grantee agrees to assume responsibility for any damages proximately caused because of the Grantee's construction activities. The Grantee agrees to indemnify, defend and hold harmless Grantor's from any and all loss, claim, damage, liability, cost and expense, including, but not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which Grantor~s may pay or become obligated to pay on account of any claim or assemon of liability arising or alleged to have arisen out of any act or omission by the Grantee or its representatives in connection with any work to be performed in conjunction with Grantee's road improvement project. (g) latent and patent defects. Ac c e pted b y .(}'/¢ o/.~)/~/> ~/~ this y. 6-'m'day of0~w/~,/>~- , 20.01 The Right-of-Way area is granted in an "As Is" condition with all faults, including both By: Name: Its: Approved as to f6rm Grantor: .... hP'it "C' ", ~ ' 60481 - Dublin, CA TEMPORARY CONSTRUCTION EASEMENT ADDENDUM Albertsons, Inc., a Delaware corporation Grantee: City of Dublin, a California municipality Anything in this instrument to the contrary notwithstanding, Grantee by and exercising the rights herein granted agrees to the following conditions: (a) The easement(s) herein granted are subject to all easements and encumbrances of record and are non-exclusive provided later granted easements shall be subject to Grantee's rights and uses. (b) Ali lines, equipment and their related components and supports, if any, placed within the described easement area(s) by Grantee, or Grantee's agents or contractors, pursuant to this instrument ("Grantee's Property") shall remain the property of Grantee. (c) Grantor and its successors and assigns retain the right to full use of the surface of the described easement area(s) except where Grantee has placed Grantee's Property, provided, however, Grantor will not erect any building or major structure within the described easement area(s). (d) Grantee shall at all times safely operate and maintain Grantee's Property within the described easement area(s) and shall promptly repair and restore to its prior condition any paving, parking lot striping or other improvements, except planters, light standards, buildings and other major structures, existing within the described easement area(s) which are disturbed by the construction or maintenance of Grantee's Property by Grantee, or Grantee's agents or contractors. (e) Grantee shall not in the exercise of the within easement(s) unreasonably interfere or obstruct Grantor, or Grantor's agents or contractors, in the location or construction of any buildings located in the area adjoining the described easement area(s), or unreasonably interfere with any business of Grantor. Nothing in this Paragraph (e), however, shall allow Grantor or Grantor's agents or contractors to construct a building or other major structure within the described easement area as provided in Paragraph (c) herein, or to unreasonably interfere with Grantee's rights to construct, operate and maintain Grantee's Property hereunder. (f) The Grantee agrees to assume responsibility for any damages proximately caused because of the Grantee's construction activities. The Grantee agrees to indemnify, defend and hold harmless Grantor's from any and all loss, claim, damage, liability, cost and expense, including, but not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which Grantor's may pay or become obligated to pay on account of any claim or assemon of liability arising or alleged to have arisen out of any act or omission by the Grantee or its representatives in connection with any work to be performed in conjunction with Grantee's road improvement project. (g) latent and patent defects. Accepted this ~.~4"day of~°r4vo/~,,o'V~'- , 2001 The Right-of-Way area is granted in an "As Is" condition with all faults, including both By: Name: Its: Approved as to form Grantor: California State Automobile Association rCity of Dublin - Dublin Boulevard Widening Proiect APN: 941-0210-025-02 RIGHT OF WAY CONTRACT-TEMPORARY EASEMENT AGREEMENT /~ ~/~ THIS Document, in the form of a TEMPORARY EASEMENT AGREEMENT (AGREEMENT), covering the property more particularly described in Exhibit "A" attached hereto and made a part hereof has been executed by California State Automobile Association, (GRANTOR) and delivered to the City of Dublin (CITY). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall'relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed improvement. 2. The City shall pay the undersigned Grantor(s) the sum of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) for this Temporary Easement and improvements identified in the CITY's Appraisal Summary Statement delivered separately with this Agreement. This Agreement shall be assignable by the City to its authorized agent and/or designees. GRANTOR hereby grants to CITY a Temporary Construction Easement for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for all purposes connected with construction of the Dublin Boulevard Widening Project (PROJECT). CITY agrees upon completion of any of its work hereunder to restore, as near as possible, the surface of the Temporary Construction Easement to the condition'in which it was prior to the commencement of the work related to the PROJECT. B. It is understood that the Temporary Construction Easement shall expire in two (2) year after the City's entry onto said property or upon completion of the PROJECT, or December 31, 2003, whichever occurs first. 5. The undersigned GRANTOR(s) warrant(s)'that they are the owner(s) in fee simple of the property affected by this Temporary Easement and that they have the exclusive right to grant this Temporary Easement. In Witness F/hereof the Parties have executed this agreement the day and year first written below. GRANTOR: Californla~State Aut/~. obile ~ By: ~ Antho~y~ant e, Vice Date: ~ ~.ssociation President CITY OF DUBLIN By: Title: Date: No Obligation Other Than' Those Set Forth Herein Will Be Recognized 5:/Cio' of DubiinfCSAA/Temporary' Easement Agreemenr,'~a/072001 '2'4.3~46"E "' TCE' EXPIRES, ~.!~.~. lo3 ORANTOR: PROIECT: E. GREG AND BEVERLY C. KENT CITY OF Du~LIN- DUBLIN BOULBVARD WIDENING APN: 941-0205-013-02 CITY OF DUBLIN RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth in this Kight of Way Contract (the "Contracf') E. GREG KENT and BEVERLY C. KENT, ("GRANTOR") shall deposit m an escrow designated .by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit "A", incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein,below as follows: 1. Entire Agreement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall Ao Pay the sum of Thirty Thousand Five Hundred and No/100 Dollars ($30,500.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination of Just Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American'Title Company (or any other title company selected by City) for the account of the GRANTOR, Escrow No. 605931-A conditioned upon the property vesting in CITY free and clear, of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated July 28, 2000, and updates thereof. Clearing of any title exceptions not acceptable to CITY is the respons~ility of GRANTOR. (A copy of the applicable preliminary title report is attached hereto as Exhibit "B" and made a part hereof. B. Pay all escrow, recording and title insurance charges, if any, recurred in this transaction. Have the authority to deduct and pay from the amount shown in Paragraph 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2A above. Close of escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. Page I of 4 S:/Ciry of Dublin/Greg & Beverly Kent/Right of Way Contract/bh/0913 01 GRANTOR: PI{O3ECT: E. GREG AND BEVERLY C. KENT CITY OF DUBLIN -- DUBLIN BOULEVmm WrD~NIN~ APN: 941-0205-013-02 D. The consideration set forth in Paragraph 2A herein shall include payment in full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proPosed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired are: Fee and Temporary Construction Easement, respectively, as described in Exh~it "A". 3. Temporary Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, together-with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period not to exceed two (2) years. Said period to commence with first entry on GRANTOK's property by CITY's contractor. At least 48 hours advance written notice will be given before any entry on GRANTOK's property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. A. CITY agrees upon completion of any of its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. B. It is understood that the TCE shall expire on December 31, 2003. 4. Permission to Enter GRANTOR's Land for Construction Purl~oses Permission is hereby granted to CITY or its authorized agent to enter on GRANTOK's land, where necessary, to conform ckiveways and perform miscellaneous construction contract work. GRANTOK understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOK's sole property and GRANTOK will be responsible for maintenance and repair. 5. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GKANTOK is responsible for payment of any demand under authority of said mortgage or deed of trust out of GKANTOK's proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 6. Escrow Instructions GRANTOK hereby authorizes CITY to prepare and file escrow insunactions m accordance with this Contract on behalf of both part~es. Page 2 of 4 $:/City of Dublin/Greg & Beverly Kent/Right of [Yay Contract/bh/091301 GRANTOK: PKOIECT: E. GREG AND BEVE~U~Y C. KENT CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-020f-013-02 7. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. GRANTOK further represents and warrants that GRANTOK has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste, on, from, or under the property which may have occurred p~ior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 8. Right of Possession and Use It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Contract, the right of possession and use of the subject property by CITY, ancot its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on August 20, 2001, or close of escrow, whichever occurs first, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties tc this Contract. 10. No Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 11. Quitclaim Deeds If any lessee interests are identified in Paragraph 10 herein, as a condition precedent m close of escrow, Quitclaim'Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR's primary responsibility to secure any Quitclaim Deeds or releases; however, CITY agrees to reasonably assist GRANTOR in securing said Quitclaim Deeds or releases. 12. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that this Contract shall have no force or effect unless and until said CITY approval has been obtained and funding secured. Page 3 of 4 &/City of Dublin/Greg & Beverly Kent/Right of Way Contract/bh/091301 ORA2x~OR: PROYBCT: E. GREG Ar, nO BEVERLY C. KENT CITY OF DUBLIN -- DUBLIN BOUL~VAm) WmEN~NG APN: 941-0205-0t3-02 13. Authori .ty to Si~n GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are required to implement this Contract on behalf of GRANTOR, 14. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR" shall include the plural as well as the singular number.) IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written herein below. CITY OF DUBLIN: Title: Date: E. GREG~ENT Taxpayer I.D. NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 4 of 4 S:/Ciry of Dublin/Greg & Beverly Kent/Right of Way Contract/bh/09t 301 City of Dublin Alameda County, California EXHIBIT A 06128/01 1011 E. Greg 'Kent & Beverly C. Kent Page 1 of 2 PARCEL 1 (1011-1) (Fee) Being a portion of the lands described in the Grant Deed to E. Greg Kent and Bevedy C. Kent as recorded on December 31, 1979 at Instrument Number 79-263082 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at a northeasterly comer of the lands described in the Deed of Dedication to the City of Dublin as recorded on July 13, 1989 at Instrument Number 89-186931 in said county recorders office; Thence along the southerly line of said lands of E. Greg Kent and Beverly C. Kent and the northerly line of Dublin Boulevard N.72°43'46''w. 20.898 meters; Thence along last said line N.41°04'02"E. 0.170 meters; Thence continuing along last said line N.48°55'58"W. 10.668 meters; Thence along a non-tangent curve to the right having a radius of 15.239 meters, from a radial line that bears S.74 05 01 W., through a central angle of 33°11'13" for an arc length of 8.827 meters to the westerly right-of-way line of Sierra Court; Thence along last said line N.17°16'14"E. 1.316 meters; Thence along a non tangent curve to the left having a radius of 12.562 meters, from a tangent that bears S, 17°16'14'¥V., through a central angle of 90°00'08" for an arc length of 19.733 meters; Thence S.72°43'54''E. 20.513 meters to the easterly line of said lands of E. Greg Kent and Beverly C. Kent; Thence along last said line S.17°16'14"W. 1.556 meters to the Point of Beginning. Containing 45.0 square meters, more or less. Parcel. 2 (1011-2)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on December 31, 2003, located in a portion of the lands described in the Grant Deed to E. Greg Kent and Beverly C. Kent as recorded on December 31, 1979 at Instrument Number 79-263082 in the office of the County Recorder of Alameda County, Califomia, more particularly described as follows: BEGINNING at a point on the eastedy line of said lands that bears N.17°16'14"E. 1.556 meters from northeasterly corner of the lands described in the Deed of Dedication to the City of Dublin as recorded on July 13, 1989 at Instrument Number 89-186931 in said county recorders office; thence along last said line N.17°16'14"E. 2.438 meters; thence leaving last said line N.72°43'54"W. 20.513 meters; thence along a curve to the dght having a radius of 10.124 meters, through a central angle of 90°00'08'' for an arc length of 15.903 meters; thence N.72°43'46'¥V. 2.438 meters to the easterly right-of-way line of Sierra Court; City of Dublin Alameda County, California 06/28/01 1011 E. Greg Kent & Beverly C. Kent Page 2 of 2 Thence along a non tangent curve to the left having a radius of 12.562 meters, from a tangent that bears S.17 16 14 M~/., through a central angle of 90°00'08" for an arc length of 19.733 meters; Thence S.72°43'54''E, 20.513 meters to the Point of Beginning. Containing 93.5 square meters, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. · / .? .;/? -l'icen~ed Land Surveyor LEGEND P.O.B. Point of Beginning Description by Choudhary & Associates, Inc., dated dune 28, 2001 TCE Temporary Construction Easement (N) R/W New Right of Way (E) R/W Existing Right of ~ Parcel Designation No. EXHIBIT "A" Parcel 1 (FEE) Parcel 2 (TCE) Ih ~'-t N 79-263082 ~ / 2.4-58 ( 1011 ) I / , L=19.733 ,. I// ~ I / / TCE EXPIRES ~,~ Il / % ~2/;~/o; ~ " ,¢,¢. .... F / -- / / / ~ Porcel 2 · A%¢~~ =~o'oo'o~" . / ...... Parcel 2 / S41'04'02"W-~ N72'45'46"W 20.898 0.170 S.D.E. 70-31973 / S17'16'1 R=15.259 L=8.827 .. A =33'11'13~/ . ,~,,~ L~ ~ ~ S48'55'58"E J '~ Porce, 1 BLVD 10.668 N72'43'46",,_._,iA'~ Area=45.0 sq. ~' ' DII ~,20.898 Xk-neter. ~..._ ......... LJU L) LIIN DETAIL A No Scole \ \ I / / / CHAUDHARY & ASSOCIATES, INC. l~n~ineers * ~urveyors · Planners * In~pector~ I I I I 9969plots.dw(~ SCALE : 1:500 DATE: dune 29, 2001 FILE No. 99-10-69 ACQUISITION & TEMPORARY CONSTRUCTION EASEMENT PLAT Of A Portion Of The Lends of E. Greg Kenf & Beverly C. Kenf B,,hlln ¢nllf,~rnl,~ AMERICAN TITLE COMPANY ' EXHIBIT B PRELIMINARY REPORT in response to the application for a policy of t/tie insurance referenced herein, AMERICAN TITLE COMPANY' hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Po/icy or Policies of Title Insurance describing the /and and the estate or interest the?ein 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 herein or not excluded from coverage pursuant to the ~rinted Schedules, Conditions and Stipulations of said po/icy forms. The printed exceptions and exclusions from the coverage of said Po/ic y or Policies are sat forth in £xhibit A attached. Copies of the Po/icy forms should be read. They are available from the office which issued the report. This report (and any supplements or amendments hereto) is issued so/ely for the purpose of facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed hereby, if it is ~sired' that liability be assumed prior to the issDance of a po/icy of t/tie insurance, a Binder or Commitment shou/d be requested. The Po/icy(s) of t/tie insurance to be issued hereunder w/ii be policies of FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation. Please read the exception shown or referred to below and the exceptions and exclusions set forth in Exhibit ,zl 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 ins~zrance po/icy and should be carefizl/y 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 t/tie to the land. signed American TitI~ Company 1 ITLE eOM?ASVi, .3549 Castro Valley Boulevard · Castro Valley, CA 94546 {510) 537-2933 · FAX (510) 537-3640 PRELIMINARY REPORT ESCROW OFFICER: Bette Dawson TO: Chaudhary & AssOciates 3272 Villa Lane Napa, CA 94558-3085 ATTN: Ed Krumrei YOUR REFERENCE.: 99-10-069 PROPERTY ADDRESS: 6207 Sierra Court, Dublin, California ORDER NO.: 605931-A Amendment SHORT TERM RATE: No EFFECTIVE DATE: July 28, 2000, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Stand_ard Coverage Policy - 1990 American Land Title Association Loan Policy-(10-17-92) with A.L.T.A. Form I Covera§~ 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcells} 1; EASEMENT(S) more fully described below as to Parcetls) 2; TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: E. GREG KENT and BEVERLY C. KENT THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\dlb 09/12/2000 EXHIBIT "ONE" filed November 23, 1971, Book 72 of Parcel Maps, Page ~ a portion of Parcel A, as shown on Parcel Map No. 642, ~, Page 83 of Parcel Maps, Alameda County Records, and Sierra Court at the intersection thereof with Dublin Blvd., ;t of Way Deed recorded February 5, 1969, Reel 2341, ~id lands being described as a whole as follows: of that certain land described ~n the Deed of Trust, oering, a Corpo. ration to Union Bank, a corporation, as November 16, 1970, Reel 2733, Image 152, Official on the curved Eastern line of Sierra Court as shown lap No. 642, filed November 12 1970, Book 64, Page 83 ~rve (shown thereon with a radius of 800 feet), Southerly f 3°00'29") from the Northern terminus thereof; running ~id Deed of Trust South 72o43'54" East 294.51 feet to )f Trust; thence along the prolongation Southerly' of the Duth 17°16'06" West 104.04 feet, more or less, to the I Parcel Map No. 642; running thence along the Southern 4" West 126.013 feet more or less to the Eastern line of Map No. 642; running thence along the Eastern and )llowing courses and distances; South 17° 16'06" Westj ~=st 60.00 feet; South 1-7°16'06'' West 125.001 feet; to the beginning of a tangent curve to the right having ;terly and Northerly along said curve through an angle of ence continuing aiong the Western line of said Parcel B, to the beginning of a tangent 800.00 foot radius curve ~iong said curve through an angle of 0032'25'' an arc ;finning. ,~rals and other hydrocarbon substances in and under or below 500 feet from the surface of said land, without ~id land for the purpose of mining, drilling, exploring or t other hydrocarbon substances or other use of or rights Df said land to a depth of 500 feet beiow the surface Communities, incorporated, a corporation, formerly The don, in Deed recorded June 27, 1967, Reel 1988, Image s and egress 'along and across the following described ap 793, filed November 23, 1971, in Book 72 of Parcel ;ords, as follows: line of the above mentioned Parcel I distant thereon ence from said point of beginning, leaving said Northerly feet; thence South 72043'54'' East 21.00 feet to the long the last said line South 17°16'06"West 29.34feet 'arcel 1; thence along the Southerly line thereof North =~ leaving the-last said line North 17°16'06" East 4.34 20.95feet to a point on the Westerly line of said Parcel 2 1; thence along the last said line on the arc of a curve to the right, a radial line to which curve bears North 71 °52'50" West-at the last said point, said curve having a radius of 800.00 feet, a central angle of 1 °47'29" and an arc length of 25.01 feet; thence leaving the last said line South 72043'54" East 247.69 feet; thence North 17016'06'. East 201.00 feet to the Northerly line of said Parcel 1; thence along the last said line South 72o43'54- East 25.00 feet to the point of beginning. Assessor's Parcel No: 941-0205-01 ~-02 .~, AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: ;I. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. The lien of supplemental taxes, if any, assessed pursuant to the provisibns of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. -- Rights of the public as to any portion of the land lying within the area commonly known as Dublin Boulevard. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap~ familial status or national origin) as set forth in the document Recorded: February 29, 1968, Book 2134, Page 546, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith anc~ for value. Modification(s) of Said covenants, conditions and restrictions Recorded: -June 19, 1980, instrument/File No. 80-104589, of Official Records NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Easement(s) for the purpose(s) shown below and rights inciden'~al thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Alameda County Flood Control and Water Conservation District Storm drain for flood control May 4, 1970, Instrument No. 70-45718, Book 2610, Page 150, of Official Records A portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Alameda County Flood Control and Water Conservation District Storm drain for flood control May 4, 1970, Instrument No. 70-45719, Book 2610, Page 153, of Official Records A portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a. d oc-~ment; ¢~ Z~/ Granted to: Purpose: Recorded: Affects: Alameda County Flood Control and Water Conservation District Storm. drain for flood control May 4, 1970, Instrument No. 70-45720, Book 2610, Page 155, of Official Records · A portion of said land o o Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Pacific Gas and Electric Company, a California Corporation Public Utility Easement June 19, 1972, Instrument NO. 72-81907, of Official Records Portions of said land Deed of Dedication to the City of Dublin, for roadway purposes, recorded July 13, 1989, Series No. 89-186931. (Affects the Southwesterly 8 feet) 10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: '-Recorded: Notice of Non-Responsibility _ ~ E. GREG KENT Wilson Ho, Gary Ho, and Don Ho, dba Ultimate Car Toys, Inc. October 30, 1995, Instrument/File No. 95-254009, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. END OF ITEMS Note 1. Property taxes for the fiscal year shown below are amounts are: APN: Fiscal year 1 st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: Tracer No.: 941-0205-013-02 1999-2000 ~;5,903.93 PAID' $5,903.93 PAID ~0.00 ,~271,409.00 ,~ 803,320.00 $0.00 26-001 392920-00 PAID. For prOration purp°ses the 5 Note 2. Note 3. Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-0205-013-02 Fiscal year 1999,2000 1st Installment: $60.72 PAID 2nd Installment: $60.72 PAID Exemption: $0.00 Land: ' $ 0.00 Improvements: $0.00 Personal Property: $0.00 Code Area: 26-001 Tracer No.: 392920-90 For proration purposes the The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: City of Dublin for street widening If these names are incorrect, incomplete or misspelled, please notify the Company. Note 4. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 5. Note 6. Note 7. Note B. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO LONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. ~ Sectior~12413.1, California Insurance Code became effective January 1, 1990. This. legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section. 12404.1 of ttie Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the .provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 1 8668, effective January 1,1.991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income .Tax, subject to the various provisions of the law as therein contained. NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBROARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been e~tered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity Nationai Title Insurance Company, you have the following rights: if one of these companies previously handled a residential escrow transaction for you that inv. olved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlemer~t Agreement. To ob'cain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered, for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title Insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a rec'onveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. If you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, lrvine, California 92614. EXHIBIT A AMERICAN' LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY {6-1-87} EXCLUSIONS In KI(~0On tO the [xceplicnl' in Schedule El. you ire ret insured Ig-;n~t loll, coots, Itl~'neyl' lees. end 1. Gove(nmentM ~ce I~We~. end the e]u~tefloe o( vkfl~ion of any law o~ gove(flmeflt ~egu~mion. incfudee buiid~ng and toting Mdinancsl end .aec lows sad regulefioni cantering: · Je~cl dJvi.~On TNi exclusion dm no~ Um~t the zo~ng covmage dsec4bed in hems 12 and 13 ct COVMeCi Title Risks. 2. The 6ght to t~e the lend by condemning lC, unte~e: kr~owledge of the 3.TiTS Ricks: · thai. ire c~e~led. Slowed, ~. agreed to by you · chat ire known tO yc~u. but ret to ua, o~ tM Pa~icy DKo-unieq they appel, ed iff t~ ~ 5. L~k o~ I r~hc SCHEDULE B EXCEPTIONS In Iddkion to the FxcJusion6, yo~ Me not in~urecl against loss, cc.~s, et3orneys' fees. end the sxpen~es 3. Any f~s 8b~t t~ Ii~ w~ch · ¢~r~c ~tvey ~ld ~ldOle I~ ~ ~l ~C I~wn by TM ~l ~lfi~ ~rom: 2. Any e~emefltl ~ liem ~t s~ by f~ ~ic records. T~s doff ~t limit t~ lien covM~e in Ilea records. 8 ef ~vM~ ~fle ~sks. - ) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The fo,'lowing msffiMe m'e exl:~eesiy exctuded from fha COverage of t~e policy end the Company will not 1. ~_~=.A_ny law. otc~ner~ce Ct gov~ernmenta rnguiat/~n linclud;ng but ret limited to building and Zoning laws, ~yment of the Ii~; r~) TM ch~i~, dime~o~ ~ location of any ~m~oveme~t now ~ ~eaHM vJ~atlon eH~i~ (~ la~ h~ b~n tec~d~ in t~ ~c ~ec~de ~ Date of P~icy. (b) A~y gav~ent~ ~i~ ~ ~t ex~d~ by la) a~ve, excegt to t~ e~en( that a ~tJ~ of t~ IxM~ t~f ~ · ~tJce of a del~t. ~e~ ~ on,abrade te~lti~ ~rom i vi~on ~ ~eged aC Date of P~icy. ~( ~t ex~udi~ atom covmage any tlkiw wNch h~ o~rr~ ~i~ to Date of P~icy (s) whether ~. not re~,rded In The !c~b~c records ~ Date of Policy. ~t agr~ to by t~ i~t~ (b) ~t k~ To t~ ~m~ahy, ~t r~d~ in t~ ~;c r~ds ~ D~e of P~. ~t k~wn to t J~re~ dMment ~ ~t dis~os~ in ~i~ tO t~ ~m~y by t~ i~r~ The ;~ed ddman( ~l~e ~ i~red u~m t~l {~) a~N~ ~ ~e~ ~bs~uenc to Date of P~y; ~ (e) r~lTi~ In I~s ~ diane wNch w~ ~t ~e ~n ~ Jf t~ ;~ ~mln~ ~ Da v~ue for t~ i~r~ m~gage m for t~ e~e M intw~t J~red by C~e ~. 4. U~nfotcee~E[y of tM Gan of tM i~f~ m~g~e ~ie Of t~ ;nab~ty or f~e Date Of P~;~, ~ ~ ;~ ~ f~e of any ~uent o~ of t~ t~ appficable d~ ~s la~ of t~ state In ~ch tM ]a~ ii S. Invefi~ty ~ une~M~a~ty of the Jlen of tMi~ mo~glge, W ~m thM~, w~ch ~ile6 ~t, CM trisection ev~e~ by t~ i~ed mMtg~e a~ is bmod upon u~ry ~ot~tion or t[~h in I~[~ law. 6. Any ~m, w~ch ~ ~t of l~ ~a~ion v~ in t~ i~r~ t~ t~s ~icy ~ Z~ trim.on ~ead~ t~ int~ of t~ i~r~ I0~, by reason Of SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE T~e potty do~l~ ret insure agsinlt Iou ~ damco (l~ t~ ~mplny ~ not ply co,ts, atemoya* f~ ~ ex~} w~ch re;se by re.on of: PART 1 tM Ice.ds or ~ch ~e~y ~ by f~ ~ic records. 5. (al Unpatent~ mi~ ~ms; {bi r~vatio~ ~ excep[i~ in parents m in Ac:I ~t~iS~ lb, 2. Any f~ts, HOne;. intMe~s ~ ~dme w~ch we ~t s~ by t~ ~b~c rec~d; ~t w~ch c~ld ~ i~uence t~f; [c) wlt~ rights, ddms ~ lille to wel~, ~t~ ~ ~t t~ mactMs excep(~ u~e ~C~tM~ by in i~c6o~ of t~ Ii~ ~ w~ch may be I~Mt~ by ~SO~ in ~sse~on t~eof, la}, [b}. ~ (C) Me s~wn by t~ public EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY {10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE A-~-cOClATION LEASEHOLD LOAN POLICY {10-17..92) WITH A.L.T.A. ENDORSEMENT. FORR4 1 COVERAGE EXCLUSIONS FROM COVERAGE which w~O4~d ~e 3Mndlng ol'l the tights of I purcheeet fro' v,uue without knowJedge. ~,a_pl~li, c,ab~e ~o~ng bu~ineM....law? of the e~ate in which the I~d is eiluated, AMERICA_N LAND TITLE ASSOCIATION OWNER'S POLICY {10-17-92} AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10.17-92J EXCLUSIONS FROM COVERAGE affecting the land hee been ~'eco~ded in the public, recMds It DKe Of P~cy. the in6ured ci~;man~ became an i.,~ured (ca re~-ult~ng in no ]eM o~ damage to the incur'ed c/aimen[; (d) at'tach, rig or oraa~ed ~Jbeequenl: to Date of Policy, vMue for ~ e~ate ~ int~e~ i~r~ by t~s p~icy, by re~ of t~ opMafion of fed~M ba~uptcy, ~e i~ve~y, ~ ~milu ~edif~ r;ghts ta~, ~hat is b~ {;~ t~ ttanl~t~on ~e~i~ tM e~ate c~a~m except ~e tM ~re~mentiM ~an~f~ reda f~om t~ f~ute: ia) to tim~y ~d t~i~men[ (b) at ~ch tec~d~on to Jmp~ ~tice The above ALTA policy fotma may be ~a~uecl to afford e~thM StandMd Coverage or Ex~ended Coverage. In ~ddir;on to. the above ExCJueione horn Co¥~age, the Except/on~ from Cove/again e Standm'd Coverage policy ~)1 also incJude the fcd~ovdng Gen~''d Exceplione: EXCEPTIONS FROM COVERAGE EXHIBIT A (CONTINUED} CLTA HOMEOWNER'S POLICY OF'TITLE INSURANCE [6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98] EXCLUSIONS Irt idd~lioh to the Exceptior~ ih Schedule R. You are not irm. p'ed against loss, c~lte0 m'tomeye' fee~, ettd ex,Ins# re~JIdng from: ~. Govemml~tl[ Ix~oe =ow~', ami the e~e~e ~ viVa,on of any law ~ govmn~en~ r~adon. T~l zo~ T~ ~o~ d~ ~t li~t t~ ~v~e d~i~ in ~ ~k 14, 15.16, 17 ~ 24. ~ca~e ~di~ ~. 3. T~ right to toke t~ b. t~ tlki~ ~ bd~e~t~ P~icY Da~e a~ ie ~i~°n Y~ if Y~ ~g~ t~ LI~ ~{ that ere CfOltO<L Illov~ad. or i~reed to by Y~, ~t~ ~ ~t t~y lp~ that ~e ~ to Y~ ~ t~ P~i~ Date, ~ ~t to Us, u~l they g t~ P~cy O~l; 7, 8.d. 22, ~, 2& ~ 25. of a right: RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS Ir. ~:ld~tion to the Exception-~ in ScheduLe £, you ere not in~ured agsi~'mt hoes. ¢o~s. gt~nevs' Fees, ami exper~es resulting From: d. ~vlr o~e~t ~ ~ot~tion. T~I ex~u~on do~ ~t Ip~ to vJ~atio~ ~ t~ enf~cemeflt of t~e ma~s w~ch Ip~ in t~ ~ic r~dl It P~ T~s ex~on d~ ~t li~t t~ ~v~e d~i~ in Item 12: 2. T~ rig~ to tike t~ la~ by Co~em~ ~[, ~ OFA SUB. OF PLOT A O_F THE DDUGHERTY RANCH PM: 462 (.~.Gm~.2z) -PM. 75 6- P.M. 668 (mk.64P;-qg). P.M. 793 PM. 2695 (107/~1) P.M: 1693 P.M. 1828 .g 14.00 \. 550 19! 2785 1 :let: KIMBY5 Description: 941.205 Page 1 of ~ Comment: ~, 205 ) / ~o~,~su~.~,~.o~'A~,~'...~.~.~?~,c,,.,~.,,, - . //' " PM. 668 (e~.64Pg~9). EM. 793. (a[72Pg.34) ' 19 . :: :'::t:.~ ' ':.. · -' ..: _ ,"... ,'~" ';~~ ::"'~..~" :-:. ' ' ~X ' '":'/' ' ' ' ' ', I ' ':.. 1400 REFERE~CE: RM.777~Bk. T2Pg,I¢) R/d.?'~B(Ek.69P;.lO0) 55O Order: K, IMB¥5 Description: 94~.205 Page ~ of ~ Comrn. ent: GP,~NTOR: E. GREGKENT APN: 941-0205-001-58 PROJECT: CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING CITY OF DUBLIN RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth in this Right of Way Contract (the "Contract") E. GREG KENT, a married man, ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit "A", incorporated herein by this reference. In consideration of Which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein below as follows: 1. Entire Agreement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall Pay the sum of Seventy Six Thousand Five Hundred and No/100 Dollars ($76,500.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination of Just Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American Title Company (or any other title company selected by City) for the account of the GRANTOR, Escrow No. 605930 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated August 2, 2000, and updates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. (A copy of the applicable preliminary title report is attached hereto as Exhibit "B" and made a part hereof. B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. Have the authority to deduct and pay from the amount shown in Paragraph 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2A above. Close of'escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. Page J of 4 $:/City of Dublin/E. Greg Kent/Right of Way Contract/bh/091301 ORANTOR: PROYECT: E. GREG KENT CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENIN(3 APN: 941-0205-001-58 The consideration set forth in Paragraph 2A herein shall include payment in full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired are: Fee and Temporary Construction Easement, respectively, as described in Exhibit "A". 3. Temporary, Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for alt purposes connected with the construction of the proposed pubhc improvement for a period not to exceed two (2) years. Said period-to commence with first entry on GKANTOR's property by CITY's contractor. At least 48 hours advance written notice will be given before any enu-y on GRANTOR's property. The mount set forth in Paragraph 2A herein includes full payment for the TCE. CITY agrees upon completion of any of its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. B. It is understood that the TCE shall expire on December 31, 2003. 4. Permission to Enter GRANTOR's Land for Construction Purposes Permission is hereby granted to CITY or its authorized agem to enter on GRANTOR's land, where necessary, to conform driveways and perform miscellaneouS construction contract work. GRANTOR understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOR's sole property and GRANTOR will be responsible for maintenance andrepair. 5. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 6. Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow/nstmctions in accordance with this Contract on behalf of both parties. Page 2 of 4 $:/Ct'~y of Dublin/E. Greg Kent/Right of Way Contract/bh/091301 ~KANTOR: PROJECT: E. GREG KENT CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0205-001-58 7. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knoMedge of any disposal, release, or threatened release of hazardoUs substances or hazardous waste, on, from, or under the property which may have occurred prior to GRANTOR taking title to the property. The acqUisition price of the property being acquired~in this transaction reflects the' fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 8. Right of Possession and Use It is agreed and confmned by the parties hereto that, notwithstanding the other provisions in this Contract, the right of possession and use of the subject property by CITY, and/or its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on August 20, 2001, or close of escrow, whichever occurs frrst, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Contract. 10. No Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 11. Quitclaim Deeds If any lessee interests are identified in Paragraph 10 herein, as a condition precedent to close of escrow, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR's primary responsibility to secure any Quitclaim Deeds or releases; however, CITY. agrees to reasonably assist GRANTOR in securing said Quitclaim Deeds or releases. 12. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that this Contract shall have no force or effect unless and until said CITY approval has been obtained and funding secured. Page 3 of 4 $:/City of Dublin/E. Greg Kent/Right ofF*ay Contract/bh/O91301 G~o~.:, E. GREG K~NT APN: 941-0205-001-58 13. Authori .tW to Sign GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are required to implement this Contract on behalf of GRANTOR. 14. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR" shall include the pIural as well as the singular number.) IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written herein below. CITY OF DUBLIN: Title: Date: E. GREG KENT, A MARRIED 1VI[AN NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 4 of 4 S:/Ciry of Dublin/E. Greg Kent/Right of Way Contract/bh/091301 City of Dublin Alameda County, California EXHI'BIT A 06/28/01 1009 E. Greg Kent Page 1 of 2 PARCEL 1 (1009-1) (Fee) Being a portion of the lands described in the Grant Deed to E. Greg Kent as recorded on April 19, 1977 at Instrument Number 77-72159 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at a northwesterly corner of the lands described in the Deed of Dedication to the City of Dublin as recorded on July 13, 1989 at Instrument Number 89:186932 in said county recorders office; Thence along the southerly line of said lands of E.Greg Kent and the northerly line of Dublin Boulevard S.72°43'46"E. 73.003 meters; Thence along last said line N06°31'34"E. 0.170 meters; Thence continuing along last said line N.83°28'26"E. 10.668 meters; Thence along a non-tangent curve to the left having a radius of 15.239 meters, from a radial line that bears S.39°32'33"E., through a central angle of 33°11'13" for an arc length of 8.827 meters to the westerly right-of-way line of Sierra Court; Thence along last said line N.17°16'14"E. 1.313 meters; Thence along a non tangent curve to the right having a radius of 12.562 meters, from a tangent that bears S. 17°16'14'~N., through a central angle of 89059'52'' for an arc length of 19.732 meters; Thence N.72°43'54'~V. 72.524 meters to the westedy line of said lands of E. Greg Kent; Thence along last said line S.20°49'08"W. 1.553 meters to the Point of Beginning. Containing 125.7 square meters, more or less. Parcel 2 (1009-2)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on December 31, 2003, located in a portion of the lands described in the Grant Deed to E. Greg Kent as recorded on April 19, 1977 at Instrument Number 77-72159 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at a point on the westerly line of said lands that bears N.20°49'08"E. 1.553 meters from northwesterly corner of the lands described in the Deed of Dedication to the City of Dublin as recorded on'July 13, 1989 at Instrument Number 89-186932 in said county recorders office; Thence along last said line N.20°49'08"E. 2;443 meters; Thence leaving last said line S.72°43'54"E. 72.372 meters; Thence along a curve to the left having'a radius of 10.124 meters, through a central angle of 89°59'52" for an arc length of 15.902 meters; Thence S.72°43'46"E. 2.438 meters to the westerly right-of-way line of Sierra Court; Thence along a non tangent curve to the right having a radius of 12.562 meters, from a tangent that bears S. 17°16'14'~V., through a central angle of 89°59'52'' for an arc length of 19~732 meters; Thence N.72°43'54"W. 72.524 meters to the Point of Beginning. City of Dublin Alameda County, California 1009 E. Greg Kent Page 2 of 2 Containing 220.1 square meters, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown- by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction conformanCesignature ~~¢~~' ~d~-~' 'with'the Professional Lan~~~ors Act. /' Licensed Land Surveyor Date ~'- ~2~. o / in LEGEND EXHIBIT "A" Description by Chaudhory & Associates, Parcel 2 (ICE) Inc., dated June 28, 2001 TCE TemPorary Construction Easement (N) R/W New Right of Way (E) R/W Existin(~ Right of Way ~ Parcel Designation No. i In.st. No. S72'43'46"E ~' ~' / Imp. & L.S.E. 69-65263 ~ 1.513 ~arc 2 · (x~ = · , · ~ P.O.B. ' _ ' [ ~ ~CmuDmRY A ASSOC~T~S, INC. SCALE: 1:500 ACQUISITION ~ TEMPORARY CONSTRUCTION EASEMENT P~T I I I I DATE: June 29, 2001 Of A Po~lon I1~ ~ ._,~.~.~~ . . Of The Lands of E. Greg Kent ~ (~m)"~ 99~9ptats.dwg FILE No. 99-10-69 Dublin, California AMERICAN TITLE COMP~ EXHIBIT B PRELIMINARY REPORT in response to the application for a policy of title insurance referenced herein,'AMERICAN TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describ_i, ng 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued the report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policies of £1DELITY. NATIONAL TITLE 'INSURANCE COMPANY, a California corporation. Please read the exception shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. American Titl~ Company - . AMERICAN TITLE COMPANY 3549 Castro Valley Boulevard · Castro Valley, CA 94540 (510) 537-2933 · FAX (510) 537-3640 PRELIMINARY REPORT ESCROW OFFICER: Bette Dawson ORDER NO.: 605930 TO: Chaudhary & Associates, Inc. 3272 Villa Lane Napa, CA 94558-3085 ATTN: Ed Krumrei YOUR REFERENCE.: 99-10-069 SHORT TERM RATE: No PROPERTY ADDRESS: 6801 Dublin Boulevard, Dublin, California EFFECTIVE DATE: August 2, 2000, 07:30 A.M. The form of Policy or Policies of title insurance _contemplated by this report is: California Land Title Association Standard Cbverage Policy - 1 990 American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) 1; EASEMENT(S) more fully described below as to Parcel(s) 2; 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: E. GREG K.ENT, a married man 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY' OF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND. IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\dh 09/07/2000 Order No. ~'05930 EXHIBIT "ONE" Parcel 1: - . Ail that portion of Parcel A, as sl'Jown upon parcel map No. 460, filed July 1,~1 969, Book 61 of Parcel Maps, 21, lying 'Easterly of the following described line: Beginning at the Northeasterl~0c,.orner of ~aid Parcel A and running thence along.the Northerly line thereof, North 69° 11' West, 271.32 feet to the true point of beginning; thence South 20° 49' 00"-West, 284.67 feet to the Southerly.line of said Parcel A, being also the Northerly line of Dublin Boulevard. _ Excepting'from Parcels I and 2: All oil, g_as, minerals and other hydrocarbon substances in and under or that may be produced from a depth below 500 feet from the surface of said land, without any right of entry upon the surface of said land for the purpose of mining, drilling, exploring or extracting such oil, gas, minerals and other hydrocarbon substances for other use of or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof, as reserved in the Deed from Volk-Mclain Communities, Inc., to Qualified Investments, lnc., dated June 25, 1967, recorded June 27, 1 967, Instrument No. AZ/60836, Alameda County Records. Parcel 2: A non-exclusive easement for community driveway purposes, including but not limited to right of ingress and egress, described as follows: Beginning at the Northwestern corner of Parcel I above described; the~ceNorth 69 o 11' West 20 feet; thence South 20° 49' 00" West, parallel with the Westerly line of said Parcel 1, 284.67 feet tot he Northerly line of Dublin Boulevard, as said boulevard is described in the instrument recorded August 28, 1964, Reel 1298, Image 14, Alameda County Records, Instrument No. AW/138892;thence along the last named line South 72° 43' 5z~" East 20 feet tot he Westerly line of said Parcel; thence along the last named line North 20 ~ 49' 00" East, 284.67 feet to the point of beginning. Assessor's Parcel No: 941-205-001-58 rcler No. ~05930 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. The lien of supplemental taxes, if-any, assessed pursuant To the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation' code of the State of California. Easement(s) for the purpose(s) shown below and rights i_n. cidental thereto as granted_ in a document; Granted to: Purpose: Recorded: Affects: County of Alameda All public utility purposes December 27, 1967, Book 2099, Page 175, of Official Records Southerly 5 feet of the premises Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion; sex, handicap, familial status or national origin) as set forth in the document Recorded: February 29, 1968, Book 2134, Page 548, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. NOTE: Section 12956.1 of the'Government Code provides the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: M.R. Development Corp., a California Corporation Maintenance of the San Ramon Industrial Park entrance, improvements and landscaping June 11, 1969, Book 2419, Page 697, of Official Records The exact location is not defined of record Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to:. M.R. Development Corp., a California Corporation Purpose: Storm drain facilities Recorded: June 11; 1969, Book 2419, Page 697, of O'fficial Records Affects: Southerly 15 feet of the premises and Alameda County Flood Control and Water Conservation District by instrument recorded May 4, 1970 on Reel 2610, Image 153, Alameda County Records. ITEMS: (Continued) Order No, 605930 Easement(s) for the purpose(s) shown below and rights incidental thereto-as reserved in a document; Reserved by: Purpose: Recorded: Affects: Dut~lin Investments, a partnership Community Driveway purposes November 1, 1971, Book 2985, Page 119, of Official Records The Northwestern 20 feet of Parcel 1 Deed of Dedication to the City of Dublin, for roadway purposes, recorded July 13, 1989, Series No. 89-186932. {Affects the Southwesterly 8 feet) END OF ITEMS Note 1. Note 2. Note 3. Note 4. Property taxes for the fiscal year shown below are PAID. amounts are: APN: ' 941-205-001-58 Fiscal year 1999-2000 1st Installment: 94,035.26 PAID 2nd Installment: 94,035.26 PAID Exemption: 90.00 Land: 9213,402.00 Improvements: 9515,230.00 Personal Property~ 90.00 Code Area: 26-001 Tracer No.: 392912-00 For proration purposes the Property taxes for the fiscal year shown below are PAID. amounts are: APN: 94~-205-001-58 Fiscal year 19'99-2000 1st Installment:' 94.1.16 PAID '. 2nd Installment: 941.16 PAID Exemption: $0.00 Land: 90.00 Improvements: 90.00 Personal Property: 90.00 Code Area: 26-001 Tracer No.: 392912-90 · The'name(s) of the buyer(s) furnished with this application for Title Insurance is/are: For proration purposes the City of Dublin for street widening · If these names are incorrect, incomplete or misspelled, please notify the Company. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. ITEMS: (Continued) Note 5. Note 6. Note 7. Note 8. Order No. 605930 PLEASE BE' ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO LONGER ACCEPt' HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. Section 12413.'1, California Insurance Code .became effective January 1 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow'or su~3escrow capacity. The law requires that all funds be deposited and collected by the title.entity's escrow and/or subescrow account'prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be. done through wire transfer, certified check or checks drawn on California financial institutions. · The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the-report is used, but in no event shall said charge be less than the minimum amount required under Section 12404. t of the Insurance Code of the State,of California, If the report cannot be cancelled ."no fee" pursuant to 'the provisions of said insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 1 8668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HO~E (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1'997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit flied in the Superior Court for Los Angeles County, a settlement agreement has been'entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1 997, with certain rights. If you are such a person and you are-now engaged' in an escrow transaction with Chicago Title Company, Gateway - Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company,. you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recordin~i but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one' of the above-named title companies. If you believe that you are entitled to benefits as a class member, please Send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, lrvine, California 92614. EXHIBIT A AMERICAN LAND TITLE ASSOCIATI°N RESIDENTIAL TITLE INSURANCE POLICY (6-I-87) EXCLUSIONS ex~ r~ tr~: 1 · ~d p~ ~, ~ t~ e~e~ M vi~ of soy ~ M gov~ r~ion. T~ ~ d~ ~t ~Y to v;~Mi~ M t~ e~me~ of t~e m~MI w~ Ip~ Jn t~ - · ~ ~ ~M~ t~ ~ jp~s ~ l~ ~ ~ds on t~ P~ Date k~e of t~ 3.'~de Risker · that va c~eited, a~ownd,.~ agreed to by yom · Thor Me ~ Io ~VM~e iff klm 8 Of 4. F~luro to p~ vM~ IM yw t~8. 5. LKk of · rigM: · ~NI ex~ceion d~ ~t li~t t~ 8~e ~M~o ~ K~ 5 of ~M~ T~sks. SCHEDULE B EXCEPTIONS In edd~ti~n to the Exolueions, yo*a Me ecl inoured ~d~ b~, ~;I. atTMM~' fw, ~ t~ ~pe~ 3. A~ f~s ~ t~ hi~ ~Gh I ~rf~t wrv~ ~ ~ i~ w~ch we ~t s~wfl by f~ If~: 4. Any w~M fights ~ ~Mml M Ti~ to w~e iff M U~M tM I~, w~t~ M ~t l~wn by 2. A~ e~l M ~eM ~ I~ by tM ~ f~dl, ~1 ow ~t ~mlt th IMn ~v~age in ~em CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The follow'Ag matters Me axMecdy exaludod from the coverage of this potioy end the Company ~ nm 1. (o) Any iow, (xd~nM'~,e of govMflmem d reguiotlon {including but not limited to buidding and zoning laws, Md~rdr~ec, of fngulatlons) tHt~i~,ing, reguioling, Ixohit)~dng ~ relating Iii the eccupan~y, use, or M~oyment Of th~ land; (ii} the OhM~Gter, 4~moMoM of JOOotiofl of any im~ovoment now of hMaof~' MOCt4CI Or~ the Ilr~; CiG) I HI)lotiOn kl owoMlhlp or & things io the dimensions of sea et the hifld or any I)orr, d of wl~ch the lind is of WM I p~t; of {iv) envbonme~td proteGtiofl, of the effect of TM enfMGernent tO.ac! of · notice of I detect, lien o~ encumbrance r ~ulting from e violation or alleged vidit~ ~ffl~ng the io~d ~ be~f~ f~cofded in the pu~ic re~dl at Date of (bi kf~y govMMrlerltal police power rio< oxaluded ~ (al above, except to the extent thot ..~.. ,..-, ~. nc,. o,. ,.,.~, ,~.. ?.=~...~ ,~:.._,.,~..,.:;.,;~.,no of all.ged 2. Rigtt~ of eminent domain urdeH nmi=~ M the exorcise ttweof has ~ recorded in the publio records it Dote of Pc~'y, but riot excluding kern Gov~aga i~y taJ~ng which his o©c;Jrred plier to DaW of Ps'icy which ~ 'be binding On tho rights O/a ~ f~ vd~ ~t~t k~ (e) whether of not recorded in the public records et Dote of poSGy, but crested, suff~edo agreed to by the insured cl'~mant; {bi not known to the Comply, nor recorded irt the insured rJalment end not disclosed in 'dM'itiog tO the Compafl¥ bY the iMured dMmam p~ior the insured ciolment became an irmJred under INs f~iny; {c) rHultlng in no Io&s of demlga to the irmA'ed id) ac;aching or created sub, squeal, to Dote of Pollc¥; {e} resulting in IOM of damage vv~ch would not have been eustalned if the insured cJalmor value for The instue~ mortgage or for the estate of intMeot ird~ed by this 4. Uner~ofcoabllity of the lion of the insured mo~/tgage bacacsa of the inabiGty M failure Gl th( Date of Policy, or the inability or fd4ure of any ~ob&equoft! owr)M of the indebtedness, to 5. invalidity of uns~fofceebJlit¥ of th( Sien of the inm.qed mortgage, or the transection evidenced by the ins, red mc~ooge end is bmod upo~ utmry of soy cons~ IxoteCtion or' truth in landing Iow. this. po&ny of the t~anlaction ~eating the interest of tim Insu(ed lendM, by reHoo of the c feditM bankruptoy, orate insolvency or eirn~o~ oreditMe' rights JIM. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This Jx~'y dom not insure agalnct Io~ of demlge (end the Comply ~[ ~t pay c~s, ~ofMys' fw M PART 1 ' that 1 TlxM M ~s ~ MI ~t I~ M eM~i~ ~e~ by t~ re.ds of any t~ ~t~y 4. ~epa~, ~icts in ~Y ~, I~e i~ lei, ~o~efltl, M any ot~ I~M t~ a w~s ~red ~o~y ~ by t~ ~ r~ordi. ~i~l by a ~ic ~e~y · G~ i~voy w~ld ~s~e, a~ w~ Me ~ I~ by t~ ~ic re--de. 2. Any l~ f~MI, ~ M dMms w~ Mo ~ I~m by t~ ~ ro~rda ~ ~oh ~d ~ EXHIBIT A (CO NTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10.17-92) A L T A ENDORSEMENT-FORM 1 COVEP, AGE AND - ..W. IT..H,_ :,:,iF. '-'SSOClATION LEASEHOLD LOAN POLICY (10-17 AMERICAN LAI~II.)/t/~.G WITH A.L.T.A. ENDORSEMENT'FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 'i'he f(~lowing rn~Ma Me axp~M~¥ excluded ham t~ ~ e~ t~ ~i~ ~ t~ Company ~ff ~t ' ' ' ~t ~t ~m~t~ tO ~i~ ~nd zo~ laws, 1. . · · I~afing ~o~ ~ ~dai~ to [g t~c~panoy, use, or ~ FM~ of ~ t~ )l~ ~ M WM I p~: ~ (IVt env~onmemd ~m~ion, M t~ ~ ~f any (bi X~ gov/~ImJ ~ ~ ~ excluded by {~ a~e, ~cept t~ t~ e~e~ thlt i ~fice of t~ ~ Dine ~ P~, ~ ~t ex~ from c~Mage any tl~ ~ch ~ ~rf~ ~i~ to Date of P~cy ~ ~d ~ b~ on t~ dg~a of a purc~ t~ v~ ~1~ k~. t r~ in t~ ~o r~ds K Date ~ P~Y. ~t. k~ tO t~ ~y ~ ~ ~ ~' tM i~r~ ~g~o ~M ~Y ~My ~n t~ SMV~M, t~ or met~i~ M tO M ~ ~ D~o of P~J~ch ~d ~t h,o ~n ~d ff tM i~ ~t had pdd value for the 4. Unenfor~m~b~llty of 1~ ~en of t~ i~eo moKgage ~ "' . Data of P~Y, an~oa~ ~ ~s laWS of t~ It~e in ~ I~ w . 5. I~ ~ky tM u~ion evi~ by ~ot~iofl ~ truth in leMi~ iow. O. Any ~it~tMy ~en fM stories, la~ ~ mat~i~ [m t~ dMm or ~i~ty of Iffy Itm~o iMvi~e 18~ M ~8[~iil ov~ t~ ~ofl of t~ im~ m~g~e}.M~ h~ ~ impovoml fifl~ in ~8 ~ in p~ by ~s =f t~ iMebt~ I~ by 1~ i~1~ m~g. 7. Any ~m, (i) t~ ~l~wion ~eit (F~ t~ ~dl~n el t~ imMe~ of t~ J~u~ m~g~ ~ · rM~ of t~ opMicit t~i) tM tr~wion [~ lb) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The t~llowing marre'l Me ax~amdy excluded from the cove(age of C~ ~ ~ the ~mpa~ ~1 not p~ ~ ~ dlm~, ~l, I~MY ' - ....... '-- ~* ~t ~ted to ~ding ~d Zo~ laws, ~ on t~ lo~; I~) a ~pwation in ow~i~p ~ pMGM ~ w~ t~ I~ i; M w~ a p~; ~ GY) envbonmentd prot~n, ~ t~ eff~t of any I~ ~u~t t~f ~ · ~tlce of · defect, ~en ~ ~i~ ~ I~ ~ ~n re~ in {bi Any OOVM~IM ~ ~wM ~ ex~d~ by [O) a~ve, exit to OXMaM t~ M I ~t~ Of I d~, aen ~ e~m~ f~ti~ tram I vi~it~n at ~iaged 2. ~gMI of e~ doman u~ ~ of t~ oxMdso t~f ~ ~n r~d~ in t~ ~C r~mds 3. (b) not know-to the Company, not racorded ir', the pubic focorda it Date of polio/0 but kJ in~ured claimant and not diaclosed in vwiting to the Company by the iMured d'~mant prim the jns~ed ddmin~ Oecame an tr~Jre~ under 1his policy; (o) resulting in no Io~s or damage to the insured claimant: {d) a~taching or created subsequent to Date of poli~/, or . la) rMuttlng in iaaa m damage which would not have been suitMhad if the iMured c{alm~ valua f(~ the astir6 or imetait insured by this poliGy. 4. this potioy, by rc~eason of ~ha operation of federal ber~uptoY alite miclvenoy or mmll tights laws, that ~ bmsed on: fi) the tren~aotion craatir, g the o~T~to Or intmest insured by thla pul~ bM~ deemed oonvayarv~e or frwd~Je~t tran~m'; or the tranea~on creodr~g the e~tate Or intMeat insured by thia pulley being daamed; ~)awsfe' exoept where the prefmentiM ,.nsfe~ resutta from the failure: (a) to tim(dy too~d the inetmmon~ of transfeq or . (b) of ouch reoo~dition to impart noLice to a puroh~er for vetue or · judgament or bet · ed to afford eithM Stonclsrd Cove'age or Extended Cave, age. In addition to the The ebove ALTA policy lorma may be meu . . _ :._e..~,*~ar'~v men~io wilt dsoinoludethef~llo~-~ng EXCEPTIONS FROM COVERAGE '~h~ percy d~ nm i~mta ag~rit baa o~ damage (and the Company wUI not pw~ costa, eC~ornoya' fees ~ exper~e~ which ~ by roman of:' E~am~W, lle~s or ar~umb~ancea, M =l~;ms thereat, which Me not ahown by the l~Jb~ ~ may f~t ~ t~ m ~l~lm~ M ~ti~s 01 wch ~difloe, w~ or ~t s~wn by S; (~ Ufl~tonted ~ ~Mml; (bi rMv~io~ M ex~io~ ~ piteml ~ in A~s I tM 1~M~ Of ~ ~Y M by ~ ~C le~dl, i~ t~f; (=} wot~ rights, dMms ~ title to w~, w~t~ M ~ t~ mitt~i ~ 2, A~ f~s, r~Ns, Imams ~ ddms ~ch MO ~t e~wfl by t~ ~Mio f~ds ~ ~ch c~ld ~ ~l~ ~ ~ im~ of t~ tm~ m ~ moki~ i~Y of ~s~ in p~don t~r~f, la], (b) ~ (~ me e~ by t~.~ic - EXHIBIT A [CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE [6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) _ EXCLUSIONS In ~ t0 tho Exceptions iff Schedule ~*, You ore not insured against ices, cos.o, e~t~nsys' foes, end exper~u resul~g hQm: 1. Gov.mme~d ~ po~', ~ad the ~x~enoe mv. iolmion of any Jew ~ govMflmant regulation. This Z~ing d. intWovemema on tjnd e, Land dK4fion f. imvkonmentll I~ot~Uon ''dons ~ the enlMcemont of the~e mettMe l! notice of the viol~io~ '(hie Exek.~e~ docs not apply lo vo 24. 3'hi~ Exetu*ien d~ not limit the covor4ge dcec~ibed in CevMeti Risk 14, M any p~l of -r~ ~.'~ ~ Ym~' exM'.in0 luuGture~, ..... ~or~ of building cade~ if notice or vi~ I~pe~'o in the Public RecMda I the Pdicy Dote. · r~ , ~ .fl t-be the LIr~l by ¢ordemriflg it. i.~lo~l~. d. that Ik~ ~ ~ t~ P~ioy Date - t~s d~ ~t a~t t~ ~vm~o d~i~ in ~v o, to Iny Lo~ ~de t~ Me~ s~fic~ly d~bod I~ i~Mrod to in pM~raph 3 ot ~ RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In edditlon t~ the Exception~ in Schedule B, you Me ~t i~ ~M~ ~I, CO~, It~neys' fees. a~ ex~es ~Mulfi~ fr~: 1, ~M~td ~M ~wM, ~ tM exi~ ~ v~on of any Iow ~ geraint r~ulmion, th~ Me k~ to ~, Out ~t to i~M ~ ~ ZO~ ~n~ e~ ~o ll~ o~ reg~atio~ ~: ~: t~c Mo ~eat~, ~lowed. ~ agr~ r~ i P~ Dine, c. that reeult in r~o Io~ to YOU; o~_. ~_~ ~ate t hle does not limit the covm'lgo dceodl d. that first effect yaur title a~ter the finley u ' 3b, 8, 17 and 19 ~ COVW~ ~itle 4. ;~l~e to pay v~e l~ y~r d~. 5. L~ of · light: (~ to .ny lo~ ~t~de t~ Moa e~flc~Y do~i~ SG~O A ~ lb) ih ~tS, ~eye, M WlteW~l t~ t~h yw TNs ~u~on d~ ~t ~t t~ ~vM~e d.~ib~ in .ems 5 a~ 12o of GP, ANTOR: P~CHARD G. BURKE APN: 941-0210-026 PROJECT: CITY OF DUBLIN - DUBLIN BOULEVARD W~Dm~NG CITY OF DUBLIN RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth in this Right of Way Contract (the "Contract") Richard G. Burge, a married man as his sole and separate property, ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit "A", incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein below as follows: 1. Entire A~reement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall reheve CITY of all further obligations or claims other than physical damages to GRANTOR'S property on 7027 Dublin Boulevard by CITY on this account or on, account of the' location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall Pay the sum of Twenty-Eight Thousand and No/100 Dollars ($28,000.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination Of Just Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American Title Company (or any other title company selected by City) for the account of the GRANTOR, Escrow No. 605925 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report -relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated July 28, 2000, and updates thereof. Clearing of any rifle exceptions not acceptable to CITY is the responsibility of GRANTOR. (A copy of the applicable preliminary title report is attached hereto as Exhibit "B" and made a part hereof. B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. Have the authority to deduct and pay from the amotmt shown in Paragraph 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2A above. Close of escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. Do The consideration set forth in Paragraph 2A herein shall include payment in full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired are: Fee and Temporary Construction Easement, respectively, as described in Exhibit "A". Page J of 4 s/City of DublinfBurgefRight of Way Contract/bh/09 i 401 GRANTOR: PROJECT: RICHARD G. BURGE CrrY OF DUBUN -- DUBLIN BOULEVARD WIDENING APN: 941-0210-026 3. Temporary Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, ~ogether with the right of ingress to and egress from said property and the fight at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period not to exceed two (2) years. Said period to commence with first entry on GRANTOR'S property by CITY'S contractor. At least 48 hours advance written notice will be given before any entry on GRANTOR'S property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. CITY agrees upon completion of any of its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement: B. It is understood that the TCE shall expire on December 31, 2003. C. It is understood that entry is limited to the TCE area and the area of property outside of the TCE will not be used by the Contractor for any purpose, except as agreed in Paragraph 4 below. 4. Permission to Enter GRANTOR's Land for Construction Purposes Permission is'hereby granted to CITY or its authorized agent to enter on GRANTOR'S land, where necessary, to conform driveways, the aggregate walkway and pefformxrniaeellaneous construction contract work. GRANTOR understands and agrees that after completion of said work, said facility (ies) will be considered as GRANTOR'S sole property and GRANTOR will be responsible for maintenance and repair. It is understood by the parties, that construction will be performed within the project area. However, every effort will be taken by the CITY'S contractor to provide ongoing reasonable access for the business tenants and public. 5. City Performed Work All work done under this agreement shall conform to all applicable building, frre and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workman like manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the CITY shall be left in as good condition as found. Work once underway shall be completed in a reasonable time and fashion. The CITY shall require the contractor adhere to standard dust and sound control'requirements. 6. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR'S proceeds. Such amounts may include, but not be limited to, payments of nnpaid principal and interest. 7. Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Contract on behalf of both parties. Page 2 of 4 &'/City of Dublin/Burge/Right of VZay Contract/bh/091401 GKANTOR: PRO Jr_CT: RICHAKD G. BUa6E CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENIN6 APN: 941-0210-026 8. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR'S ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste, on, from, or under the property, which may have occurred prior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste, which requires mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from those who caused or contributed to the contamination. 9. Right of Possession and Use It is agreed and confn-med by the parties hereto that, notwithstanding the other provisions in this Contract, the right of possession and use of the subject property by CITY, and/or its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on September 15, 2001, or close of escrow, whichever occurs first, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 10. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Contract. 11. No Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 12. Quitclaim Deeds If any lessee interests are identified in Paragraph 11 herein, as a condition precedent to close of escrow, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR'S primary responsibility to secure any Quitclaim Deeds or releases; however, CITY agrees to reasonably assist GRANTOK in securing said Quitclaim Deeds or releases. 13. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that this Contract shall have no force or effect unless and until said CITY approval has been obtained and funding secured. Page 3 of 4 S:/Ci~y of Dublin~urgefRight ofF/ay Contractfoh/091401 GRANTOR: PROJECT: PdCHARD G. Btra6~ CITY OF DUBLIN -- DUBLIN BOUL~VAaD WmnNn~6 APN: 941-0210-026 14. Authority to Sign GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are requked to/mplement this Contract on behalf of GRANTOR. 15. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR" shall include the plural as well as the IN WITNESS WHEREOF, the parties have executed this Contract the day and CITY OF DUBLIN: Title: Date: RICHARD G. BURGE, a married man as his sole and Its: Taxpayer I.D. # Date: NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 4 of 4 S:/City of Dublin/Burge/Right of Way Contract/bh/091401 City of Dublin Alameda County, Californ,a EXHIBIT A 03/16/01 1004 Richard G. Burge page I of 2 PARCEL 1 (1004-1) (Fee) Being a portion of the lands described in the Quitclaim Deed to the Richard G. Burge as recorded on January 22, 1985 at Instrument Number 85-011528 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at the most southerly corner of Lot 1, Block 2, as said lot and blocks are shown on the map of Tract 2717, Pleasanton Township, Alameda County, California, filed June 21, 1965 in Book 50 of Maps at page 38 at Alameda County Records; Thence along the southerly line of said lands and the northerly line of Dublin Boulevard N.72°43'46"W. 39.627 meters; Thence along last said line along a curve to the right having a radius of 6.096 meters, through a central angle of 89°59'58'' for an arc length of 9.576 meters; Thence N.17°16'12"E. 1.541 meters; Thence along a curve to the left having a radius of 6.707 meters, from a tangent that bears S.17°16'12'~N., through a central angle of 90000'06" for an arc length of 10.535 meters; Thence S.72°43'54"E. 39.016 meters to the southeasterly line of said lands; Thence along last said line S.17°16'13'~A/. 0.932 meters to the Point of Beginning. Containing 44.3 square meters, more or less. Parcel 2 (1004-2)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on~ 31, 2003, located in a portion of the lands described Jn the Quitclaim Deed to the Richard G. Burge as recorded on JanUary 22, 1985 at Instrument Number 85-011528 in the office of the County Recorder of Alameda County, CalJfomia, more particularly described as follows: COMMENCING at the most southerly corner of Lot.l, Block 2, as said lot and blocks are shown On the map of Tract 2717, Pleasanton To'w&ship, Alameda County, California, filed June 21, 1965 in Book 50 of Maps at page 38 at Alameda County Records; Thence along the southeasterly line of said lands N. 17°16'13"E. 0.932 meters to the TRUE POINT OF BEGINNING; Thence continuing along last said line N.17°16'13"E. 2.438 meters; '. Thence leaving said line N72°43'54'¥V. 39.016 meters; Thence along a curve to the right having a radius of 4.269 meters, through a central angle of 90o00'06" for an arc length of 6.706 meters; Thence N.72°43'48"VV. 2.438 meters to northwesterly line of said lands and being the southeasterly right-of-way line of Clark Avenue; Thence along last said line on a curve to the left having a radius of 6.707 meters, from a tangent that bears S. 17°16'12'~V., through a central angle of 90000'06" for an arc length of 10.536 meters; City of Dublin Alameda County, Califomia 03/16/01 1004 Richard G. Burge page 2 of 2 Thence S.72°43'54"E. 39.016 meters to the True Point of Beginning. Containing 116.1 square meters, more or less. Beadngs and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.000081 33 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature ~.?~/~, J~ Licensed Land Surveyor B,~ LEGEND TPO True Point of Beginning ,~Description by Choudhory &: Associates, Inc., dated March 14, 2001 P.O.B. ~ Point of Beginning ~ Description by Choudhory &: Associates, --Inc., doted March 11, 2001 P,O.C. Point of Commencement TCE Temporary Construction Easement (N) R/W New Right of Way (E) R/W Existing Right of Way (T) Total ~ Parcel Designation No. J l'J EXHIBIT "A" Parcel 1 (FEE) Parcel 2 (TCE) --N72'43'48"W 2.438 //_.N 72_'43'48"W_ (R) R=4.269~ L=6.706 J '-q.~,.,"'-'¢ J~J O. JS-O'l 1 52 J ( 1004- Parcel 2 Area=Il6.1 scI, meters :t: TCE EXPIRES ~/3~/o3 r(~ 004- 2) / 2.438 ~ T.P.O.B.- \~ Parcel 2 ~\ 39 016 x R=6.096 ,~, ~,~-.--~ S72'43'54"E L=10.536 (1 004-1~ 0.932~ 6=90'0'06" Parcel 1 P.O.B. / Parcel 1 Area=44,3 sq. meters · P.O.C. Parcel 2 DUBLIN BLVD .j CHAUDHARY & ASSOCIATES INC. ILI~I~I Engineers · SurVeyors. Planners · Inspectors SCALE : 1:500 DATE: March 14, 01 FILE No. 99-10-69 ACQUISITION & TEMPORARY CONSTRUCTION EASEMENT PLAT Of A Portion Of The Lands of Richard G, Burge 9969plots. dwg Dublin, California AMERICAN TITLE COMPANY EXHIBIT B PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, AMERICAN TITLE CO_JlgPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of T/tie Insurance describing the/and 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Po/icy forms should be read. They are available from the office which issued the report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed hereby. If it is desired that liability be assumed pr/or to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy[s) of t/tie insurance to be issued hereunder will be policies of FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation. Please read the exception shown or referred to below and the exceptions and exclusions set forth in Exhibit ,4 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 ali liens, defects and encumbrances affecting title to the land. : ~isigned American Title Company ATT'KST AMERICAN TITLE COMPANY 3549 Castro.Valley Boulevard · Castro Valley, CA 94546 (510) 537-2933 · FAX (510) 537-3640 PRELIMINARY REPORT ESCROW OFFICER: Bette Dawson ORDER NO.: 605925 TO: Chaudhary & Associates, Inc. 3272 Villa Lane Napa, CA 94558-2729 - ATTN: Ed Krumrei YOUR REFERENCE.: 99-10-O69 SHORT TERM' RATE: No PROPERTY ADDRESS: 7017 Dublin Boulevard, Dublin, California EFFECTIVE DATE: July 28, 2000, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1 990 American Land Title Association Loan Policy (10-17-92) with A,L.T.A. Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RICHARD G. BURGE, a married man as his sole and separate property 3. THE LAND REFERRED TO IN THIS REPORT tS SITUATED IN THE CITY OF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\dh-09/06/2000 Order No, 605925 EXHIBIT "ONE" Lot 1, Block 2, as said Lot and Block are shown on the map of "Tract 2717, Pleasanton Township, Alameda County, California", filed June 21 1'965 in Book 50 of Maps at Page 38, in the Office of the County Recorder of Alameda County. Excepting from the above described parcel of land all oil, gas, minerals and other hydrocarbon substances in and under or that may be produced from a depth below 500 feet from the surface of said land, without any right of entry upon the surface of said land for the purpose of mining, drilling, exploring o~ extracting such oil, gas, minerals and other hydrocarbon substances or other use or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof, as reserved in the deed from Volk-Mc Lain Communities, Inc. to Qualified Investments, Inc., dated June 25, 1 967, recorded June 27, 1967, Instrument No. AZ/60836. Also excepting therefrom, all water rights, including the right to use subterranean water, together with any pipe lines, wells or other equipment relating to the use of or extraction of water from or under premises, as reserved in the deed from Qualified Investments, Inc, a California Corporation to Boulevard Investment Company, dated December 28, 1967, recorded December 29, 1967, Reel 21 01, Image 591, Official Records, Instrument No. AZ/134696, Alameda County Records. Assessor's Parcel No: 941-210-026 2 Order No. 605925 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. The lien of supplemental taxes, if any, assesse~t pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the' State of California. o Covenants, conditions and restrictions (deleting therefrom any restricti_o, ns indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document ' Recorded: June 21, 1965, Instrument No. AX85269, Book 1532, Page980, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 129.56.1 of the Government Code. Easement(s) for the. purpos'e(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Pacific Gas and Electric Company, a California Corporation Anchors, guy Wires and cables July 11, 1985, instrument No. 85-136881, of Official Records A portion of said land A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: Beneficiary: Loan No.: Recorded: $622,000.00 February 27, 1992 ~ RICHARD G. BURGE, a married man as his sole an'd separate property MacDonald Auxiliary Corporation The Mechanics Bank of Richmond, a California Banking Corporation None shown April 1, 1992, Instrument No. 92-097355, of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided EXecuted by: Recorded: RICHARD G. BURGE and The Mechanics Bank April 12, 1996, Instrument/File No. 96-090663, of Official Records 3 ITEMS: (Continued) Order No. 60.~925.~ ~ An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: RICHARD G. BURGE and The Mechanics Bank Recorded: December 28, 1998, instrument/File No. 98-453883, of Official Records The bommunity interest of the spouse of the vestee named below. Vestee: RICHARD G. BURGE END OF ITEMS Note 1. Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-210-026 Fiscal year 1999-2000 1st Installment: 92,781.47 PAID 2nd Installment: 92,781.47 PAID Exemption: 90.00 Land: t~ 129,183.00 Improvements: 9369,839.00 Personal Property: 90.00 Code Area: 26-001 Tracer No.: 393147-00 For proration purposes the Note 2_. Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-210-026 Fiscal year 1999-2000 1st Installment: $28.19 PAID 2nd Installment: ~28.19 PAID Exemption: ~0.00 Land: 90.00 Improvements: 90.00 Personal Property: $0.00 Code Area: 26-001 Tracer No.: 393147-90 For proration purposes the Note 3. Note 4. Note 5. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: City of Dublin for Street Widening If these names are incorrect, incomplete or misspelled, please notify the Company. There are NO deeds affecting said land, recorded within twenty-four (24} months of the date of this report. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO LONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS' COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. ITEMS: (Continued) Note 6. Note 7. -Note 8. Order No. 605925/ Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds tb a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wir. e transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report canr{ot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. _ California-Revenue and Taxation Code Section 1 8668, effective January 1,1 991, requires 'that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 5 NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was deliveCed to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed. of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance' or release or obligation in the event that one inadvertently had not been previously recorded in the escrow tranSaction previously handled by one of the above-named title companies. If you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack. Legal Department, Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, Irvine, California 92614. ' EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exnsptions in Schedule B, you e~e not insured egair, at. loee, coats, attorneys' fees, end expenses reciting from: 1. Governmental Ixdice ~ow~, and the exiater~e or violation of any law or government regulation. Th~ includes betiding and zoning ordinances and -Jeo laws end regulations ccnoerring: · lend uce · land dlvi~on Ttla exoluslon rinds not apply to violations or the enforoement of these ma~era which a~peer in the 'This exciuslo~ does not limit the zo~ng beverage described in iterns 12 end 1:3 of Covered Title Riel[s. 2. The right to taka the land by cor~lamning it. unless: · a notice Of axerc~ing the right appears in the public records on the Polioy Dele · the taking hapl~ensd I~or to the Policy Date and i~ binding on you if you bought the land without knowledge Of the te~ing SCHEDULE B EXCEPTIONS in addition to the Exciuslons, you ere not insured against IDes, coats, attorneys' fees. and the expenso~ tesulSng from: 1. Any rights, interests, or claims of pardes in poasesafion of the land not shown by the public resorda. 2. Any easements or liens not shown by the public records. This doe~ not limit the lion oovorage in item ' 8 of Covered Title Risks. ~.Titia Risks: · that era ereated, allowed, or agreed to by yot~. · that ere known to you, but not to us, on the polir~/ Date-untnss they sppem'ad in the pub · that first affect your title after the Polioy Date - this does not limit the tab~' and matariol Il, coverage in Item 8 of Covered Titio Risks 4. Failure to I~ay value for your 5, Lat~ of a right: · to any tend out,de the eree specifically dasoribed end referred to in item :3 of S~he~ule A · in streets, alleys, or waterways that touch your land Th~a exciusico does not limit the access'coverage if~ item 5 of Covered Title Risks. :3. Any facto about the land which a correct survey would disclose and which, ere not shown by the pub records. TI~a does not timit the forded removal nove~age in item 12 of Covered Tide Risks. 4. Any water rights or claims or tltJe to water ir. or 'dnder the land, whether or not shown by the pub records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters ate expres~y excluded from the coverage Of this potioy and the Company will not 1.. (e) Any taw, ordinance er governmental regulation (including but not limited to buiiding and zbning laws, m'dinanoas, or regulations) restricting, regulating, prohibiting or relating §) tho occupancy, use, or enjoyment of the lend; ('6) the cherante¢, ~men~ons or Ic~ation of any improvement now or heresher erected on the land; ~) a sob'*oration in ownership or a change in tho dimensions ur eras ol~ the land or any parcel of ~vhioh the land is or was a per~; o~ ltv) environmental ixoteotion, or tho effect of any violation of these laws, ordirtm'lces et governmental regulations, exceot to the extent that e notioa of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a.violation or alleged violation affecting the lend has been recorded in tho pubtio records at Date of Poacy. (bi Any governmental police power no~ excluded by la) above, except to t~e extent that a notice of the exercies thereof or a notice of a ,4erect, lien or encumbrense resulting fTom a violation or alleged violation affecting the land hsd been recto'dad in the public records at Date of Policy. 2, Rignte of eminent domain unlsoa nctioe of the exercise thereof has been recorded in the public records et Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Pcllcy wt~ch would be binding on the rights of a 10urohsoor for value without knowledge. :3. Defects. iiece, encumbrances, adverse olalms, or other meters: [a) whether or not rec~,'ded in the publlo ranorda at Date of Policy, but =eared, suffered, assumed agreed to by the insured claimant; Ibl not known to t~ ~pany, m re~ded in t~ ~ l~ords at Qate of P~cy, ~ ~no~ to ti ~n~r~ ~mant e~ ~t ~o~d in ~iting to t~ ~mpany by the in~ ~m~t pH~ to t~ da lc} ~ng in ~ I~ ~ dam~e to the i~ed ~m~t; id) a~ng ~ ~e~ ~uent to Date of P~cy7 or (e) r~ng in loss ~ dam~e wMch would ~t have been ~ if t~ i~ ~m~t h~ pa v~e f~ t~ i~ m~g~e or for t~ e~ate or i~ i~r~ by t~s ~. Une~ceab~ky of t~ lie~ of ~e i~f~ mortg~e ~se of t~ ine~li~ or [~lute of t~ leered Date of Po~, ~ t~ i~lit~ u f~e of any ~beeduent o~ of t~ i~ebted~, to ~m~y ~ t~ app~ceble d~ ~ [a~ of t~ ~ate in w~ch t~ la~ is ~at~. Inv~idity or unenf~a~ of t~ lien of t~ i~ m~gage, ~ ~m t~[, w~ch ~is~ ~t Any ~m, wM~ ~ ~ of t~ tr~a~on vexing in t~ i~red t~ e~ate of int~ i~r~ t~s abbey ~ the ~on ~e~ t~ int~ of t~ i~ed .[e~, b~ re,on of t~ o~ion SCHEDULE 6, PART ! EXCEPTIONS FROM COVERAGE This policy does not inau~a ag~nat toss or damage land the Company v~ll not pay soars, aKorneya' fees or ex~nses) which arise by re,son of: PART 1 1. Taxes or assessments which are not shown ~ existing liens by the records of any taxing authority that :3. Easements, liece or encumbrances, or claims thereof, Which ore not shown by the ~Jblic levies taxes o~ aases~mertte on real property or by the public recede. Proceedings by a public ageno¥ 4. D~sc~epanoies. conflicts in boundary ~nes, shortage in area, encroachments, or any other facts wh which may result in taxes or a~eesments, or notices of ~uch p~ocesdings, whether or not shown by a correct survey wo~d disclose, and ~/c~ch are not shown by the public records. the records of such agency or by the public records. ~. la} Unpatentsd mi~ng claims; lb) reservations or exceotions in patents or in Acts authorizing 2..Any facts, rights, interasta er eJaims whic~h are not shown by the public recor~ but WhiCh could ho issuanoe thereof; lc} water rights, claims or title to water, w~ether or not the rnat~ers excepted a~certa~ned by an inspection of the land or which may be asserted by personS i~) pceseasion thereof, la). lb), or lc) a~e shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T,A. ENDDRSEMENT-FORM I COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY [10-17-92) WITH A,L,T.Ao ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matt~$ ~e exl~'es$ly exctuded from the coverage of t~ ~CY a~ pay IDes ~ damage, ~s, attorneys'..f~ or ex~ ~ch ~ise by te~on of: I · (a) Any law, ~ ~ ~v~nment~ regulator (i~udi~ ~t ~t ~mit~ To ~ildi~ wdimn~, or f~ul~io~) restrict, re~l~, proNMti~ ~ rMati~ to 6) t~ o~pa~, u~, or ~ym~t o~ t~ land; (~ t~ ch~, dime~o~ ~ Ioo~on of ~y im~ov~ment now ~t~ on t~ Ja~; (iii) a sep~ion in ow~s~p ~ a ~e~ in tM dime~ ~ p~GM of wN~ t~ la~ ~ M w~ a p~t; ~ liv) envbonme~M ~ot~o~ or vi~a~n of t~e la~, m.dinenc~ ~ govmnment~ r~ul~o~, except to t~ e~em th~ a ~tlco of t~ ~cement t~f m. e ~tice of a deter, ~ ~ e~m~a~ ;~ from e viol~ion or ~leg~ vixen effeefi~ t~ land h~ ~n rK~ded in t~ ~c f~ds ~ D~e of P~ioy. (b) Any govMnme~M ~ice powM ~t e~uded by (a) a~, ex. pt to t~ e~ent ex~e tM~f ~ a ~tice of' a de~ect, li~ ~ e~m~a~ re~i~ horn e viS.ion ~ ~leged vi~on aff~g t~ land ~ ~n r~ord~ in. ~he pu~ic r~ds ~ Date of 2. ~ghts of emiMnt dom~n u~s ~fi~ of t~ ex~se [~f h~ ~en ~e~ded in the ~ic r~d; ~ D~e of P~i~, ~ ~t ~udi~ ft~ coyote ~ ~eki~ w~ch ~ ~ ~i~ to Date of Policy w~ w~d ~ bi~ing on t~ Hghte of a ~r~ f~ v~ ~t~ (bi ~ k~ to the ~mpeny, ~t r~ded in t~ ~ t~ords ~ D~e of P~icy, i~r~ ~mam a~ ~t disposed In ~ng to t~ ~mpany by ~ i~ ~ment ~i~ to ~ date t~ i~ ~ma~ b~ame an i~ u~ t~s (~ r~fi~ in ~ I~ ~ damage to ~ i~red ~Nm~t~ rd) ~ ~ ~e~ ~u~t to Date of P~ (exosp~ lo t~ e~ent th~ ~io~y of t~ lien at t~ J~r~ m~g~e ov~ any ~t~y ~ fm s~i~s, labor ~ com~at~ ~ D~e of P~i~y); ~ ' (e) r~Aing in ~es ~ damage w~ch w~ld ~t ~e ~n suct~ ~t~ i~r~ ~mant h~ paid value fo*' the insured mm'tgege. 4. Ur-mnfm.ceeb~lity of t~ lien of t~ i~r~ m~g~e ~ of t~ inaElity ~ f~lu~e of t~ Date of P~, ~ t~ in~Ety ~ f~lure of'~y ~ent o~ of t~ i~ebt~e, to ~m~y ap~a~e d~ bu~ le~ of the ~e in ~ch'~ I~ is ~.. · 6. Invdldlty ~ unenf~lky of t~ Eeo of t~ i~ m~g~e, ~ ~m t~f, w~ch ~ ~t t~ tt~ion evlde~ by the i~f~ m~g~e a~ is b~ u~n ~y ~ any ~m~ 6. Any eta~t~ ~en f~ ~c~, le~ ~ m~ide (~ t~ d~m of ~ty of any ata~y ~i~, labe~ m~Ms ov~ t~ lien of t~ i~r~ ~g~e) ~i~ fram an important t~ to t~ la~ ~ch i~ ~t~ f~ e~ ~mme~ ~bac~em to D~e of P~cy a~ is n rinsed in wh~e ~ in p~ by ~e~e of t~t~e~s ~ed ~ t~ i~ m~g~e w~c ~ D~e of P~CY t~ i~r~ ~ ~van~d ~ ia ob~gated to 7. Any ~m, ~ch ~is~ ~t of t~ ~a~on ~esti~ the iffie~t of t~ m~g~ i~r~ by th ~ by ~e~on of t~ o~adon of f~ ben~pt~ stye i~lve~, ~ ~mil~ ~it~s' le~, ~at ~ b~ed (i] t~ ~a~on ~eed~ ~ imm~ of t~ i~r~ ~ b~ d~ a ff~dulem conveyam ~d) t~ ~ber~nation o~ t~ int~e~ ~ ~ in~r~ m~ ~ a r~lt of the ap~ic~on of do~ of equita~e ~di~ion; ~ liE) the traction ~eati~ t~ im~ of t~ in~r~ m~g~ ~ ~m~ a ~ef~emid except ~e t~ Wef~en~ ~fer r~e ~om t~ fd~e: (~ to ninny t~d t~ i~me~t of tra~f~; ~ th) of ~ch r~dafion to imp~ ~tico to a p~c~ f~ vdue ? a ~dgement ~ lien AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following mat~m.e a~e expressly excluded from the coverage of th~s policy ~d t~ ~mpeny ~11 ~t pay ]~ ~ demage~ ~s, a~neye' fe~ ~ expose ~ch miss by rein of: 1. (a} Any law, ~e ~ gov~nment~ regulation (i~udi~ ~t ~t ~mitN ~o ~iidi~ ~ ~ng la~, ordina~, or regulation} r~i~, r~ulafing, pro~ ~ r~afi~ to en~ymeflt of t~ la~; (~ t~ ch~ac[~, dime~io~ ~ ~c~ion o~ any im~ovement ere~ed on t~ la~; ~Ji) a e~ation in own~s~p ~ a ~ange in t~ dlme~o~ or any p~c~ of w~oh the la~ ~ ~ wee a p~; ~ (iv) env~on~t~ ~on, ~ ~ effect of ~y vi~on of t~e ta~, ordinance ~ gov~r~ent~ reg~atlo~, except to t~ e~ent t~z e ~tice of t~ e~osment thief or a notice of a defect, llen ~ e~m~e~e ~lti~ fram e vi~on or ~leged vi~ation afl.ting t~ ia~ h~ ~en receded in t~ pubtJc r~ds m D~e of P~icy. [b) Any g~nme~tN ~i~e ~ riot ~c~ded ~ (~ ~ve, exos~t to the extem exm~e t~f ~ a notice of a defer, lien ~ e~um~a~e ~ti~ from a viol~ or ~leged viS.ion aff~ti~ ~he la~ h~ b~n re~ded in the ~o r~m.~ m Date ~ P~y. 2. ~ghts of e~ne~ dom~n unt~s ~ti~ of the ex~e t~f h~ ~ ~ded in the pubic re~ds ~ Dine of Polio, but ~t ex~udi~ from coyote acy te~ng w~ch h~ ~rred prior to Date of Policy w~ w~d ~ ~i~ on t~ rights of a ~rch~ f~ v~e ~t~t 3. ~efects, lle~, e~m~a~es, advise ~, ~ other (~ ~e~ed, ~ff~ es~med or ~re~ to by t~ i~r~ ~mant; {b) cot kcown to the Company, not recorded in the public records M Date of Pollny, but known to t! insured claimant and not disclosed in writing to the Company by the insured claimant prim' to the da the insured ciaimarrc became ac ir~red under this peiicy; [c} res~ldng in co loss m. damage to the insured .claimant; (d) attaching or created subsequent to Date of Poticy, or (e) resulting in loss or damage which would cot have been sustained if the intuited c~aimact heel pa value fro. the estate or inte~eat insured by this policy. 4. Any c~aim, which ~ise~ out of the trecoaction vesting in the i~sured the estate m. imereet insured this policy, by ~'ee~on of the operation of tederal bsul~ruDtcy, state icooivecoy, or similar credltof rights laws, that is ba~ on: (i) the transaction creating the estate or interest ir,~Jred by this policy being deemed a frsudule~ conveyance or fraudulent ~ansfer; {ii} the D-ar,.saction m.eal~ng the estate or interest insm.ed by this policy being deemed a pretecentl transfer except where the prefecentlal tTaf~fer results from the falture: (a) to timely rec~'d the ir~l'ume~t of transfer; or (b) of such recordation to impa~ notice to e purchaser fro. value or a ~udgeme~t or llen The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverageln. a Standard Coverage pelicy.~l alse include the following General Exceptions:. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (end the Company will not pay coats, attorneys' fees ~' expenses) which arise by reason of: . 1. Taxes m. assessments which ere not shown as existing iier~ by the records of any taxing autt.~i-Jty that -'~. Easements, llens o~' enc~Jmpracoee, or claims th~eof, which asa cot show~ by the public records. levies texe~ or assessments on re~ property or by the public reCOrds. Proceedings by e public agency 4. Diacmpencles, conflicts in boundary line*;, shortage in area, er'.q~oachments, or any bther facts wh~c which may result in taxes Or asseesmer~e, or notices of such proceedings, whcther or not shown by a correct survey would diectcee, a'r~l which are cot shown by the pubt~c records. the recto.ds of such agency er bythe public records. 5. (a) Unpetented miring alaime; lb} reservations or exseptior'~ in patents or in Acts suthm.izi~ 2. Any facts, rights, intasaste or ctalms which are cot shown by the ptJbiic records but which could be issuance thereof; [c) wate~rights0 claims or title to water, whether or not the me~e~s excepted Und aacartelned by en inspection of the tend or by making inquiry cf parsons in possession the~eofo (a), (b) or (c) are shown by the pubic records. EXHIBIT A (CONTINUED) - CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE {6~2-98} ALTA HOIVlEOWNER'S POLICY OF TITLE INSURANCE {10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B, You e~'e not iosu~ed against Io~s, costs, atlorneys° fees, ~md expenses resulting from: 1 Governmental ~olice powcr, end t~ e~en~ i~ ~di~nc~, 1~ ,~ r~mio~ ~: a. buildi~ b. zo~ ~. La~ e. La~ divi~ T~s Ex~u~on d~ ~t ~ly Zo violations ~ t~ e~f~cement of t~ m~ers if ~tioe of t~ viCe,on ~ enforosmem ag~s in t~ ~blic ~ds ~ t~ Policy Date. T~s Ex~u~on d~s ~t a~t t~ ~ov~e d~b~ in ~v~ Risk 14, 15, 16, 17 ~ 24. ap~ice~e ~di~ a~. T~s Ex~u~on d~ ~t ap~y to vi~io~ of buildi~ c~ ~ notice of the vi~adon sp~s in t~ ~blic Re--ds 3. T~ Hght to take t~ [a~ ~ co~em~ it, u~: a. ~tlm ~ ~m~ t~ rig~ spears 4. Risks.' a. that ~e crewed, allowed, oi' agreed to by You, whether or I~ot they apl)ear in the Public Records that a'e Known to You st the Polio,/Date, I~Jt not to Us, unless they eppea' in the Public Record st the Policy Date; c, that result in no toss to You; or d. that first occur after the Policy Date - this does not limi! the coverage described in Covered Rial 7, 8od, 22, 23, 24 or 25. 5. Failure to pay Value for Your Title. 6. Lack of a right. a. to any Lend outside the a~ea speolfiooll¥ described and referred to ii~ pa'agraph :3 .of Schedule A b. in streets, alleys, or waterways that touch the Land. Tl~s Exclusion does not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exoeotions in Schedule B, you a~e not insured against loss, coatsr a,,'tcrnoys' fees, end exoensos rosuEing from: 1. Governmental I)olioe power, and the existence o~ violation of any law or government regulation. This includes building and zoning ccdinances and aisc laws and regulations oencefnlng: a. land uss; b. improvements on the land; c. land division~; o~ This exclusion do~s not apply to violations or the enforcement of these mattm's which appeM in the pub~le recocda et Pollc¥ Date. This exolosion does not limk the coverage described in Item 12o and ri. 1:3 and 18 of Cove;ad Title Risks. 2. The.right to take the land by condemr~ng it, unless.' s. a notice of exercising the right appea's in the public records on the Policy Date; or b. the ;sklng happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: s. that ~e crested, attowad0 or ag[ced to by you; b. that are [nown 7o you, but no~ to us, on the Policy Da~e - u~ t~y a~ed in t~ ~ records; d. t~t fir~ ~t y~r ~e ~ t~ P~oy D~e - t~s d~ ~t Bruit t~ ~ver~e d~ in lten 3b, 8, 17 a~ 19 ~ ~v~ed T~le ~sks. 5. L~k o~ a rig~: (~) to any t~ ~da t~ ~ea s~fic~y d~ and re~ to in item ~dule A ~ (b) in ~ts, ~leys, ~ wet,ways ~h~ t~ch y~ le~. T~s ex~u~on d~ ~ ~t t~ ~ve~e d~i~ in Items 5 ~ 12a of t~ ~v~ ~tle ~sks. ASSESSOR'S MA'P'"'941 t500 1401 ' . ~ OF THE DOUC;~-tERTY RANCH(POP. PLOT 59)(a~.~s ~'n Cod~ A~ea Nos.2$'00! ....... '-- ~'l · . ~/,y ~,. TRACT 2.662 TRACT P.717Cak.ao~.38~ EM, 216'6 {~98~.;,3) · ' . 2O7 207 205 · 1400 Order: KIMBY5 Description: 94~.2f0 Page ~ of ~ Comment: GRANTOR: BERNAL INVESTMENTS APN: 941~0205-001-35 PROJECT: CITY OF DUBLIN - DUBLIN BOULEVARD WIDENING ~ ~ ~ /~ ~ CITY OF DUBLIN. RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth in this Right of Way Conlxact (the "Contracf') BERNAL INVESTMENTS, INC., ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit "A", and a Public Service Easement as indicted in Exhibit "B", incorporated herein by this reference. Public Service Easement is intended to grant .additional rights within an existing easement area, In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein below as follows: 1. Entire Agreement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall Pay the sum of Sixty-Five Thousand Nine Hundred and Ninety-Two No/100 Dollars ($65,992.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination of Just Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American Title Company (or any other title company selected by City) for the account of the GRANTOR, Escrow No. 605929 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated July 29, 2000, and updates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. (A copy of the applicable preliminary title report is attached hereto as Exhibit "C" and made a part hereof). B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. Have the authority to deduct and pay from the amount shown in Paragraph 2A above any amount necessary to satisfY any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and 'unpaid non delinquent asses.sments, which may have become a lien at the close of escrow. Onxent taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shoWn in Paragraph 2A above. Close of escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. Page 7 of 4 S:/City of Dublin/Bernal Investments/Right of Way Contract/bh/040601 GKANTOR: PROJECT: BERNAL INVESTMENTS CITY OF DUBLIN -- DUBLIN BoULeVARD W~D~6 APN: 941-0205-001-35 7 Iof The consideration set forth in Paragraph 2A herein shall include payment in full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired are: Fee and Temporary Construction Easement, respectively, as described in Exhibit "A". 3. Temporary Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the .right at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period not to exceed two (2) years. Said period to commence with fn:st entry on GRANTOR'S property by CITY'S contractor. At least 48 hours advance written notice will be given before any entry on GRANTOR'S property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. A. CITY agrees upon completion of any of its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. B. It is understood that the TCE shall expire on December 31, 2003. 4. Permission to Enter GRANTOR's Land for Construction Purposes Pennission is hereby granted to cITY or its authorized agent to enter on GRANTOR's land, where necessary, to conform driveways and perform miscellaneous construction contract work. GRANTOR understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOR's sole property and GRANTOR will be responsible for maintenance and repair. 5. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 6. Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Contract on behalf of both parties. Page 2 of 4 $:/City of Dublin/Bernal Investments/Right of Way Contract/bh/040601 GRANTOR: PROJECT: BERNAL INVESTMENTS CITY OF DUBLIN -- DUBLIN BOUt~V~.D WIDENING APN: 941-0205-001-35 7. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the property, there have been no disposals, releases or threatened releases of hazardOUs substances or hazardous waste on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste, on, from, or under the property which may have occurred prior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination, If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. - -- 8. Right of Possession and Use It is agreed and confmued by the parties hereto that, notwithstanding the other provisions in this Contract, the right of possession and use of the subject property by CITY, and/or its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on August 15, 2001, or close of escrow, whichever occurs first, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Contract. 10. No Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 11. Quitclaim Deeds If any lessee interests are identified in Paragraph 9 herein, as a condition precedent to close of escrow, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR's primary responsibility to secure any Quitclaim Deeds or releases; however, CITY agrees to reasonably assist GRANTOR in securing said Quitclaim Deeds or releases. 12. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that this Contract shall have no force or effect unless and until said CITY approval has been obtained and funding secured. Page 3 of 4 S:/City of Dublin/Bernal Investments/Right of Way Contract/bh/040601 GRANTOR: PROJECT: BERNAL INVESTMENTS CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0205-001-35 13. Authorit_-to Si n GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are required to implement this Contract on behalf of GRANTOR. 14. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR" shall include the plural as well as the singular number.) IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written herein below. CITY OF DUBLIN: BERNAL INVESTMENTS~ INC. Title: By: Date: Its: Taxpayer I.D. Date: NO OBLIGATION OTHER THAN SET FORTH HEREIN VqlLL BE RECOGNIZED Page 4 of 4 &/City of Dublin/Bernal Investments/Right of Way Contract/bh/04060] City of Dublin Alameda County, California 03/16/01 1008 Bernal Investments, Inc., Page I of 2 PARCEL 1 (1008-1) (Fee) Being a portion of the lands described in the Corporation Quitclaim Deed to Bemal Investment, Inc. June 22, 1983 at Instrument Number 83-108835 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at a northwesterly comer of the lands described in the Deed of Dedication to the City of Dublin as recorded on July 13, 1989 at Instrument Number 89-186933 in said county recorders office; Thence along the southerly line of said lands of Bemal Investments, Inc. and the northerly line of Dublin Boulevard S.72°43'46"E. 86.891 meters to the easterly line of said lands of Bemal Investments, Inc.; Thence along last said line N.20°49'08"E. 1.553 meters; Thence leaving last said line N.72°43'54'¥V. 86.891 meters to the westerly line of said Lands of Bemal Investments Inc.; Thence along last said line S.20°49'08"W. 1.549 meters to the Point of Beginning. Containing 134.5 square meters, more or less. PARCEL 2 (1008-2) (Public Access Easement) A Public Access Easement located in a portion of the lands described in the Corporation Quitclaim Deed to Bernal Investment, Inc. June 22, 1983 at Instrument Number 83- 108835 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at a point on the westerly tine of said lands of Bemal Investments, Inc. that bears N.20°49'O8"E. 1.549 meters from the northwesterly comer of the lands described 'n the Deed of Dedication to the City of Dublin as recorded on July 13, '1989 at Instrument Number 89-186933 in said county recorders office; Thence S.72°43'54"E. 3.892 meters; Thence leaving last said line N.11°03'46"E. 22.920 me, ters to the northwesterly line of said lands of Bemal Investments, Inc.; Thence along last said .line S.20°49'08"W. 22.830 meters to the Point of Beginning. Containing 44.3 square meters, more or less. Parcel 3 (1008-3)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on 1~I:1:~:~:1-, 2003, located in a portion of the lands described in the Corporation Quitclaim Deed to Bemal Investment, Inc. June 22, 1983 at Instrument Number 83-108835 in the office of the County Recorder of Alameda County, California, more particularly described as follows: City of Dublin ( 03/16t01 Alameda County, California 1008 Bemal Investments, Inc., Page 2 of 2 BEGINNING at a point on the westedy line of said lands of Bemal Investments, Inc. that bears N.20°49'08"E. 1.549 meters from the northwesterly comer of the lands described in the Deed of Dedication to the City of Dublin as recorded on July 13, 1989 at Instrument Number 89-186933 in said county recorders office; Thence along last said line N.20°49'08"E. 2.443 meters; Thence leaving said line S.72°43'54'~/. 86.89i meters to the eastedy line of said lands of Bemal Investments, Inc.; Thence along last said line S.20°49'08"VV, 2.443 meters; Thence N.72°43'54"W. 86.891 meters to the True Point of Beginning. · COntaining 211.8 square meters, more or less. Bearings and distances used in the above descriptions are based on the Califomia Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, conformance with the Professional Land Surveyors Act. or under my direction, in LEGEND EXHIBIT "A" ~]P.O.B. Point of Beginning Parcel 1 (FEE) Description by Chaudhory & Associates, Parcel 2 (Public Access Easement) ugt,, Inc., dated March 14, 2001 Parcel 3 (TCE) ~,~'TCE Temporary Construction Easement (N) R/W New Right of Way (E) R/W Existing Right of Way . ~ Parcel Designation No. 20' ~ommunR I~ ~ [osemont ~nst. ~o. 77-72150~ .. ~ 40' P.O.&E. Easement ~ I I Reel 182, Imago 510 , , I I ~ , , I i~/~ Public Access Easement ~ D ~ [/ ~~ccess Easement ~i ~ / / ~S72'45'54 E / / 2.445 · ~ ~ ~ S72'43'46"E ' d 86 691 O.B. Parcel 1 (1 008-- 1 S72'43'54"E , . ~ 2.443 DUBLIN BLVD · ~ CHAUDHARY A ASSOCIATDg, INC. SCALE : ~:500 ACQUISITION & TEMPORARY CONSTRUCTION EASEMENT P~T ~ ~. I I I I DATE: March 14, 01 Of A Podlon 9969plots.dwg FILE No. 99-10-69 Dublin, California City of Dublin Alameda County California 06/28/01 1008 Bemal Investments; Inc., Page 1 Parcel (1008-4)(Public Service Easement) A Public Service Easement, located in a portion of the lands described in the Corporation Quitclaim Deed to Bemal Investment, Inc. as record on June 22, 1983 at Instrument Number 83-108835 in the office of the County Recorder of Alameda County, California more particularly described as follows: BEGINNING at a point on the westerly line of said lands of Bemal Investments, Inc. that bears N.20°49'08"E. 1.549 meters from the northwesterly comer of the lands described in the Deed of Dedication to the City of Dublin as recorded on July 13, 1989 at Instrument Number 89-186933 in said county recorders office; Thence along last said line N.20°49'08"E. 29.326 meters; Thence leaving said line S.69~10'52"E. 9.144 meters; Thence S. 20°49'08'~N. 28.759 meters to the northeasterly line of said Instrument No. 89-186933; Thence along last said line N.72°43'54"W. 9.181 meters to the Point of Beginning. Containing 265.6 square meters, more or Jess. Bearings and distances used in the above descriptions .are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction, in conformance with the Professional I~nd Surveyors Act. jf -Licensed Land Su'~eyor Date P.O.B. A/ama Canal P.O.B LEGEND ~~-~ 40' P.G.&E. Easement Reel 182, Image 510 00_8--_ 4_) PSE S69'! 0'52"E Lands of BernaJ lnveelrnent. 83-108835 il'lC. 20' Community Driveway Easement Inst. No. 77-72159 S20'49'08"W 28.759 '03'46"E 22,92O l O08--2')Public Access Easement Access Easement ACFC&WCD 69-65265 S72'45'54"E BI P.M. ~] Pdt. A ( ~oo8 ) TCE EXPIRES 12/31 - -- --86.891__ S72'43'46~E 86.891 (i'008-1~---' ,549 1.55~ 12 DM 1 .LINE S72'45'54"E I 89-186933 (Dedication) et/fo Point of Beginning Description by Chaudhory & Associates. Inc., doted June 28. 200'! DUBLIN BLVD. PSE Public Service Easement ,CHAUDHARy & ASSOCIATES. iNC. I I I I SCALE : 1:60 DATE:. June 28. 2001 PUBLIC SERVICE EASEMENT In o Portion Of The Lands of Bemal Investment, Inc. A MERIC/- q TITLE COMPANY EXHIBIT C PRELIMINARY REPORT In response to the application for a po/icy of t/tie insurance referenced herein, AMERICAN TITLE CO/t~PANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said po/icy forms. The printed exceptions and.exclusions from the coverage of said Po#cy or Po#cies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued the report. This report (and any supplements or amendments hereto) is issued solely for the purpose of faci#tating the issuance of a Policy or Policies of title insurance and no #ab#ity is assumed hereby. If it is desired that #ability be assumed prior to the issuance of a po/icy of title insurance, a Binder or Commitment should be requested. The Po/icy(s) of t/tie insurance to be issued hereunder wi//be po#cies of FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation. Please read the exception shown or referred to be/oW and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list ali liens, defects and encumbrances affecting title to the land. signed American Title Company ATTEST RECEIVED SSP I 5 2000 Cha~har~, & Ass~iate~ AMERICAN TITL E CONIPANY the An'~er/co**t Dr, a,o~l 3549 Castro Valley Boulevard · Castro Valley, CA 94546 1510) 537-2933 · FAX (510) 537-3640 PRELIMINARY REPORT ESCROW OFFICER: Bette Dawson ORDER NO.: 605929 TO: Chaudhary & Associates, Inc. 3272 Villa Lane Napa, CA 94558,3085 ATTN: Ed Krumrei YOUR REFERENCE.: 99-10-069 SHORT TERM RATE: No PROPERTY ADDRESS: 6851 Dublin Boulevard, Dublin, California EFFECTIVE DATE: July 29, 2000, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: Calif.ornia Land Title Association Standard Coverage Policy - 1 990 American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) 1; EASEMENT(S) more fully described below as to Parcel(s) 2; 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BERNAL INVESTMENT, INC. 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\sb/klj 09/1 3/2000 Order No. 605929 EXHIBIT "ONE" PARCEL ONE: A portion of Parcel Map 460, filed July 1, 1969, in Book 61 of Parcel Maps, page 21, in the office of the .County Recorder of Alameda County, described as follows: Beginning at the most western corner of said Parcel Map,' said point being on the northeastern line of Dublin Boulevard, 84 feet wide; running thence north 20 degrees 49' East 302.32 feet to the most northern corner of said Map; thence along the northeastern line of said Map, South 69 degrees 11' East 284.55 feet; thence South 20 degrees 49' West 284.67 fegt to the northeastern line of Dublin Boulevard, as described in the deed to Alameda County, recorded August 28, 1964, on Reel 1298, Image 14, Alameda County Records; and thence along the last named line, North 72 degrees 43' 54" west 285.10 feet to the point of beginning. EXCEPTING THEREFROM. 1 ) All water rights, including the right to use subterranean waters, together with any pipes, pipe lines, wells or other equipment relating to the use of or extraction of water from or under said property, but without the right of entry upon the surface of said property in connection with such rights. 2) All oil, gas, minerals and other hydrocarbon substances in and under or that may be produced from a depth below 500 feet from the surface of said land, without right of entry upon the surface of said land for the purpose of mining, drilling, exploring or extracting such oil, gas, minerals and other hydrocarbon substances or other use of or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof, as reserved in the Deed from Volk-McLain Communities, Inc. to Qualified Investments, Inc., dated June 25, 1 967, Instrument No. AZ/60836, Alameda County Records. PARCEL TWO: a non-exclusive easement for ingress and egress, and all public utility purposes, in, under, over, along and .across a strip of land 20 feet wide, described as follows: Beginning at the most western corner of the parcel of land described as Parcel 1 in the deed to Charles E. Coburn, et al, recorded May 21, 1971,on Reel 2856, Image 639, Instrument No. 61579, Alameda County Records; running thence along the northwestern line thereof north 20 degrees 49' east 284.67 feet to the northeastern line thereof; thence along the last named line, south 69 degrees 11' east 20 feet; thence south 20 degrees 49' west parallel with said northwestern line, 284 feet, more or less, to. the northeastern line of Dublin Boulevard, as described in the deed to the County of Alameda, recorded August 28, 1964, on Reel 1298, Image 14, Alameda County REcords; thence along the last named line, north 72 degrees 43' 54" west 20 feet, more or less, to the point of beginning. Assessor's Parcel No: 941-205-1-35 2 Order No. 605929 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, which'are a lien not yet due and payable,. including any assessments collected with taxes to be levied for'the fiscal year 2000-2001. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of 'California. Rights of the public as to any portion of the land lying within the area commonly known as Dublin Boulevard. Easement(s) for the purpose(s) shown below and rights incidental thereto as Condemned by Final Decree of Condemnation, Superior Court of: In favor of: Purpose: Recorded: Affects: Alameda CoUnty Case No.: 300306 Pacific Gas and Electric Co. Electric Transmission lines October 7, 1960, instrument No. ARl18704, Book 182, Page 510, of Official Records Northwesterly portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recorded: Affects: Alameda County Public utilities December 27, 1967, Instrument No. AZ1 33447, Book 2099, Page 175, of Official Records Southerly portion of said land Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) aS set forth in the document Recorded: February 29, 1968, Instrument NO. BA21667, Book 2134, Page 548, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value.' Modification(s) of said covenants, conditions and restrictions Recorded: June 19, 19.80, Instrument/File No. 80-104589, of Official Records NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, Or ancestry, that restriction violates state and federal housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. 3 ITEMS: (Continued) ~' Order No. 605929 Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; ~ ~ Reserved by: M R Development Corp., a California Corporation Purpose: Ingress and egress Recorded: June 11, 1969, Instrument No. 69-65263, Book 2419, Page 697, of Official Records Affects: Westerly portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by:. Purpose: Recorded: Affects: M R Development Corp., a California Corporation Storm drainage for flood control June 11, 1989, Instrument No. 69-65263, Book 2419, Page 697, of.Official Records Southwesterly portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Alameda County Flood Control and Water Conservation District, a body corporate and politic Storm drainage for flood control May 4, 1970, Instrument No. 70-45719, Book 2610, Page 153, of Official Records Southwesterly portion of said land 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Charles E. Coburn, et al Community driveway May 21, 1971, Instrument No. 71-61579, Book 2856, Page 639, of Official Records Southeasterly 20 feet of said land 11. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Subordination Agreement Bernal Investment, Inc., a California Corporation Custom Music February 9, 1989, Instrument/File No. 89-040325, Records of Official The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 12. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Subordination Agreement Bernal investment, Inc., a California Corporation Dublin Office Supply Inc. February 9, 1989, Instrument/File No. 89-040326, Records of Official ITEMS: (Continued) 4' Order No. 60.5929 The present ownership of the leasehold created by said lease and other matters affectin~ the interest of the lessee are not shown herein. ~ ~ 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Subordination Agreement Bernal Investment, Inc., a California Corporation Motor Music of Oakland February 9, 1989, Instrument/File No. 89-040327, Records of Official The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Subordination Agreement Bernal Investment, Inc., a California Corporation A, Chandler Co. February 9, 1989, Instrument/File No. 89-040328, Records of Official The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 15. Deed of Dedication To: The City of Dublin For: Roadway purposes Recorded: July 13, 1989, Series No. 89-1 86933, Official Records END OF ITEMS Note 1. Property taxes for the fiscal year shown below are PAID. amounts are: APN: Fiscal year 1 st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: Tracer No.: 941-205-1-35 1999-2000 98,905.13 PAID 98,905.13 PAID 90.00 9564,067.00 91,063,111.00 90.00 26-001 392909-00 For proration purposes the 5 ITEMS: (Continued) Note 2. Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-205-1-35 Fiscal year 1999-2000 1st Installment: $91.93 PAID 2nd Installment: $91.93 PAID Exemption: $0.00 Land: $0.00 improvements: $0..00 Personal Property: 80.00 Code Area: 26-001 Tracer No.: 392909-90 Order No. 605929 For proration purposes the Note 3, The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: City of Dublin If these names are incorrect, incomplete or misspelled, please notify the Company. NOte 4. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 5. Note 6. Note 7. Note 8. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NC) LONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may ~ubject funds to a holding period which must expire before any funds may be disbursed, in order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation' for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 18668, effective January 1, 1991, {equires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject, to the various provisions of the law as therein contained. NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1,1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chioago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. if you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, t 7911 Von Karman Avenue, Suite 300, Irvine, California 92614. EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [6-1-87} EXCLUSIONS In addition to the Exceotions in Sche~lule B, you ere not insured against loss, costa, attorneys' fees, end exoenses resulting from: I. Governmental police 'powef~ and The existence ot vio~stion of any law or government regulation. This =ncludes building ~ zl~ing ordinances and also laws and regulations concerning: · land use · iml~rovements on the land . · lanti division · environmental protection This excJosion does not apl~ty to violations or the enforcement of these mailers which appear in the publi0 records at policy date, This exclusion doe~ Ilot limit the zoning cove~ege dssoribed in items 12 and 1:8 of Covered Title Risks. :2. The right to take the far, of by condemning it. unless: · a notice of exerc/aing the right appea~s in the public records on the Policy Cate · the taking happened I~ior to the Polie~ Date and is binding on you if you bought the land without knowledge of the taking 3.Title Risks: ·tnst ere greeted, allowed, or egrsed to by · that ate ~_nov~l to you, Out net to us, on the Policy Date.unless they appeared in the publ records · that result in no lose to you · that first affect y~ur title after the PCLi~/ Date · this does not limit th~ labor ~ materi~J lie coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5, tack of a right: · to any tend outside the area soecificslly described end referred to ir Item 3 of Schedule A · in streets, alleys, or waterways that touch your lar~d This exclusion does nOT iimit the access coverage in item 5 of Covered Title SCHEDULE B EXCEPTIONS Ir, addition to the Exclusions, you ere not insured egaic, st loss, costs, attorneys' fees, and the expenses 3. Any facts about The land v~hich a correct survey would disclose and which ere not shown by the pub resulting from: reccrds. This ¢lces not limit the forced remove[ c~verage in item 12 of Covered Title Risks. I Any rights, interests, or claims of l)ertise in possession of the land not shown by the public records. 4, Any water rights or blaims or title to water in or under the land, whether or not shown by the pub 2. Any easements or liens not shown by the ~ubiic recol'ds. This does not Emit the lien coverage in item records. 8 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters ere expressly excluded from The coverage of this policy and the Company will not Day,toss or damage, coats, eEorneys' fees or expense which ~'ise by reosorl of: 1. {a~ Any taw, ordinance or governmental regulation (including but not limited to building and zoning lav~, ordinances, or regulstlons) restricting, regutetlng, prohibiting or relating (ii the ooc~.lpsncy, use, or enioymen~ of the land; {ii) the cheracter, dimensions or location cf any improvement l~ow or hereafter erected on the lend; [iii) 8 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 p~; or (iv) environmental protection, Or the arrest of any violation of these laws, o~tilna~ces or governmental ragulefions, except to the exl;ent that a notice of the enforcement thereof o~ e notice of a defe~ lis~ or ecoumb~a~ce resulting fr~m a violstio~ or alleged violation affecting the land has been recorded in The public records st Date of Pblicy. [b) Any governmental police power not excluded by (1~ above, except to the extent that a notice of the exercise thereof Or e notice of a defect, llen or encumbrance resulting from a viclstion or ailegecl violation affecting the land has been recorded in the pub[is records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public recerds et Date of Pollcy, but ~t excluding from coverage shy taking which has occurred I~'ior to Date of Policy which would be binding on the rights of a WJtChe~er for value without knowledge. 3. Delects, liens, enoumbransee, adverse claims, or crho¢ matters: ia} whether or r~t recorded in the public records at Date of Policy, b~ created, suffered, assumed agreed to by the ir~ured claimant; (b) not kr~wn to the Company, not recorded in the public records at Date of Policy, but Anown to I insured claimant and not disclosed in ~itlng to the Company by the insured claimant prior to the ti; the irmured claimant became an insured ul'~:ler' this Ixflicy; lc) resultir~g in no loss o~ damage to the insured bl~imar~t; Id) attaching or' greeted subssquer~t to Date of Policyl of la) resulting in lose or damage which would not have been sustained if the insured c~aimant had p value for the insured mortgage or for the estate of inteceat insured by this policy, Unenfo~ceab~ity of The lien of the insured mortgage because of the inability o~ failure o~ the insured Cate of Policy, o~ the inability or failure of any subses!uant owner of the indebtedness, to comply ~ the applicable dblng business laws of the state in whiolt tl',e land ia situsted. Invalidity Or unenforcaabllity of the lien of the insured mortgage, or claim thereof, which arises out the transection evlde~ced by ~he insured mortgage and is based upon usury of' shy consumer cra protection or truth in lending law, Any claim, which, arises out of the trar~scdo~ vesting in the insured the estcte of interest insured this, policy or the traru~action creating the interest of the insured lender, by reason cf the Operation federal bankruptcy, state insolvency or aimiler creditors' rlghte 'laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against 10ss or damage (and The Company will not pay C~sts, attorneys' fees or expenses) which arise by reason of: PART Taxes or assessments which ere not shown ss existing liens by the records of any texlng authority that levies taxes or assessments on real l~operty 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 agenoy or by the public reomtis. Any facts, rights, interests or claims which e~e riot shown by the publio records but which could be ascertained by an inspection cf the land or which may be. ssssrted by persons in possession thereof. I[asaments, liens or encumbrances, or claims thereof, whish e~e not shown by the pubiio records, Disorepanclss, conflicts in bouncla[y lines, shortage in ~'aa, encroachments0 I~- any other facts wi" a correct survey w~ld disclose, and which ere not shown by the l:~ublic records. (al Urrpstented mihing claims; (b} reservations or excepfiono in patents Or in Acts authorizing issuance thereof; fo) water rights, claims or title to water, whether or r~t the ma~te~'s excepted un (al, lb),. or Icl are show~ by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17~92) WITH A.L.T.A, ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY [10-17-92) WITH A.L,T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters a~e expressly excluded from the coverage of this polic~ ertl the Company wlil not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (al Any Jaw, ordinance or governmental regulation {including but cot timited to bu~ldlng and zohing laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (il the oscupano,/, use~ or enjoyment of the lend; (~) the character, dimensions or location of any improvement now or hereafi:er erected on the lend; {iii} a separation in ownership or a ohenge in the dimensions or area of the land or arty paroal of which the lel'~ is or wes e part; or {iv) envlronmentai protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the anforoement therecf or a notice Of s defect~ lien or encumbrance resulting from a vlclstion or ~eged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (el above, except to the extent that e notice of the exercise thereof or a ncti~a of a defect, lien or encumbrance resulting from a vi0~ation o~ atlaged vlolstlcn affecting the lend ~as besn ~'ecorded'in the public records at Date of Policy. 2, Rights of eminent domain uclecs notice of the exercise {hereof has bean recorded in the public re~orda at Date of Polioy~ but not excluding from coverage an? taking which has occurred prior to Date of Pblisy which would be binding on the rlgh/.s of a purchaser for value ~thout knowledge. 3. Defects, liana, encumbrances, adverse olaims, or other matters: la) created, sufferedt assumed or agreed to by the insured claimant; {b) not k~wn to the Company, not recorded in the public iecorde et Date of Policy, but known to the insured claimant end not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this pblicy; (o) resulting in no loss ~ damage to the insured claimant; {d) attaching or created subsequent to Date of Pdilay (except to the extent that this percy insures the ~'ioriW of the llen of the insured mortgage over any statutory llen for services, labor er material or to or completed st Date of Pdiicy); or (el resulting in lose or damage which would not have been sustained if the insured claimant had paler value for the insured mortgage. 4. Unenforesabllity of the lien of the insured mortgage because of the ina~bility or failure of the insured Date of Policy, or the inability or failure of any subsequent Owner of the indebtedness, to comply wit;' applicable doing puniness laws of the state in which the land is situated. 5. Invalidity or ut;enforceability of the iien o~ the in,red mortgage~ or diaim thereof, which arisss out the transection avidensed by the insured mortgage and ie based upon usury or any aonsurnar credl protection or ~ruth in lending law. {~. Any statutory lien for servlCas, labor or matedale {or the claim of priority of any statutory llan fo services, labor er materials over the ilen of the in~,tred mortgage) arising from an improvement or worl related to the laed which is contracted for ced commenced subsequent to Date bl~ Pcilcy and is no financed in whole or in part by proceeds of the i'edebtednsas secured by the insured mortgage whlcl at Date of Poticy the insured has edvsnsed or is obligated to advance. 7. Any claim, which arises out sf the transaction creating the interest cf ti'~ mortgages insured b? thi~ pdilcy, by resson of the operation cf federal bankruptcy, state insoivem=y, or similar erediters' tighb laws, that is based on: Ii) the transaction greeting the interest of the insured moctgages being deemed e frsudu~ent ccnvsysns~ (iii the subordination of the interest of the insured mortgagee as a result cf the appiioation of t~ liE) the transection oreadng the interest of the insured mortgagee being desmed a praferentia~ transfs {bi of such recordation to impart notice to a purchaser for value or a judgement or lien oradlt~. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY {10-17-92} AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY {10-17-92) EXCLUSIONS FROM COVERAGE The following mattors ~e expressly excluded from the coverage Of this policy and the Company wlil not 1. (al Anylaw, ordlnanca ~ gov~nment~ regulation {in~uding but ~ ordina~, or r~uladose) ~ricd~, t~ating, pro~ting ~ r~sti~ enjoyment of the ia~; ~) the c~ect~, dime~io~ or location of any im~ovement ~w or h~es~er ~ted on t~ tend; (~) a se~on in ow~ship ~ e che~gei~ ~ dime~ons or ~es o~ the land or any ~c~ of w~ch the le~ is ~ was a ~; ~ (iv} environme~t~ ~ot~fion, or ~ effe~ of any vi~stio~ o~ thee la~, ordinano~ or gov~nment~ zegulstio~, except to the e~e~ th~'a ~dce of the e~orcement th~eof or a Rcti~ of a defe~, lien ~ e~mbra~e r~ti~ fram a viS,ion or ~leged violation affecting t~ I~ h~ been r~ded in the ~blic rec~ds at D~e of P~i~. ~b) Any governmental p~i~ ~ow~ ~t excluded by (~ above, except to the e~ent th~ a notice of the ex~se t~f ~ a ~ti~ of a defa~, ~en ~ e~m~a~e r~lti~ from a viciati~ or ~leg~ vldi~on ~fa~ing t~ land has b~n rec~d~ in t~ public r~ds ~ Dace of Policy. 2. Rights of emin~t dom~n u~e~ ~ti~ of t~ ex~c~e th~eo~ ~ been r~d in t~ pu~i~ records at Date of Polio, but not ex~udi~ from coverage any taking w~eh has oc~rr~ p~ to Data of P~icy w~ch w~ld be ~ing ~ the rights of a ~rch~ f~ v~ue ~t~ut (al crestS, ~ff~ed, a~med ~ ~r~ to by the insur~ ct~man;; {b) not known to the Company, not recorded in the public ~'ecords at Date of Poiimt, but known to th insured claimant and not disclosed in writing to the Company by ~he insured diaimant prior to the dst the insured claimant became sn insured under this policy; (c) r~'ulting in no loss or damage to the insured dialmant; {d) attaching or crested subsequent to Dele of Policy, or {el resulting in lass or damage which wou~d not have been sustained if the insured alalmant had pa{ value for the estate or interast insured by this po{icy. Any claim, which arises out of the transection vesting in the insured the estate or interest insured b this policy, by reason of the operstion of federal bankruptcy, state insolvency, or similar ~editer,, rights laws, that is based on: fi} the transaction =resting .the estate or interest insured by thi's policy being desmed e frauduier conveyance or fraudulent transfer; or (ii) the trens~ctlon ~readng the estate or interest iheured by this pbllcy being deemed a preferenti= transfer except wh~e the preferential transfer results from the failure; fa} to timely record the instrument of transfer; or (bi of such recordation to impart cot~ce to a purchaser for vciue or a judgement or llen creator. The above ALTA policy forms may be issued to afford either S~enda~d Coverage or Extended Coverage. in addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions': EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company wlil not pay costs, attorneys° fees or expanses) which arise by reason ~.. '[.axes or assessments which are not shown es existing liens by the records of any taxing authority that :3. Easements, liens o~ en<>Jmbrences, or alaims thereof, w~ch are not shown by the public records. tevlas texas or assessments on real Pcoperty Or by the public recto'ds. Proceedings by e public agency 4.Discrepancies, conflicts in boundary lines, shortage in area, enoroechments~ or any other which may result in taxes or aasessments~ or notices of such p~oceedings, whether or not shown by e correct ~rvey would d~sclose, and whioh ere not shown by the public records. the records of such agenoy or by the public records. 5.fa) Unpatented mining claims; (bi reservations or exoeptions .in patents or in Acts authorizing ti 2. Any facts, tights, interests Or claims which e~e not shown by the publio records but w~ch could be issu. anoe thereof; {ct water rights, claims Or titte to water, whether or not the matters excepted ,Jnd ascertained by en inspection of the land or by me~ing inquiry of pe~aons in possession thereof. (al, lb) or ici are shown by the public records. EXHIBIT A {CONTIN U ED) CLTA HOIVIEOWNER'S POLICY OF TITLE INSURANCE {6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE {10-17-98) EXCLUSIONS tn ~dditlon to the Exceptions in Schedule E, You are not ina.~red against foes, costs, ~neys' f~s, and expenses t~ulting ~om: 1. Gov~nment~ ~lice ~w~, and t~ e~e~ ~ vi~ation o~ any law or gov~nment regulat~n, TNs 4. Rake: in~udes ordi~nce=, laws and rng~ations zo~ng c. Land use d. improvemenm on L~ e, La~ ~vi~on f. T~s ~du~on does ~t ap~y to vi~stions ~ t~ e~orcement of t~se matt~s if ~fice of t~ violation or enf~cemen¢ a~pe~s in t~ Pu~i= Recede ac the P~icy Date. T~e Exclu~on do~ not ~= t~ cov~age d~i~d in ~ver~ Ris~ 14, 15, 16, 17 ~ 24. 2. The f~lure of Y~r exi~ng ~ur~, ~ any p~t o~ t~m, to be co~t~ed in ~c~da~ ~h ep~cable ~idi~ cod~. T~s Exclu~on do~ ~t ap~y {o vi~edo~ of ~ilding ~des if nodes of the vi~afion ep~s in t~ Pu~ic R~ords ~ t~ P~icy Date. 3. The tight ~ take the La~ by ~em~ng ~, a. notice of ex~ci~ng t~ right appe~e in t~ ~ic R~rds st the P~icy Date; or t~ taU~ happe~ bef~e the P~icy Date a~ ~ ~ing on Y~ if Y~ bought the Land K~ of t~ ta~ng. a. that are c~ested, altowed, or agre~l to by YOU, whether o~ not they appeer in the Public Rec,'ds; that ere Known to You at the Policy Date, but not to Us, unless they ep~es¢ in the Public Re~ol'd~ at. the Policy Dat~; c. that result in no loss to You; cr d, that fil~st occur after, the Policy Date o this does not limit the coverage described in Covered Risk 70 8.d, 22, 23, 24 or 25. 5. Fa;lure. to' pay va~ue fo~ Your Title. 6. Lack of a right: a. 1:o any Land outside the erea specifically described and referred to in paragraph 3 of Schedule A: end b, in streets, alleys, Or wsterweys that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS in addition to the Exceptions in Schedule B. you a~e not insured against Ices, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government ragu{erich. This includes building and zoning ocdinance~ and also laws and regulations concerning: b. c, lend divisions; o~ records et PotJ~y Date. This exclusion does not limit the coverage described irt item 12o and d, 13 and 18 cf Covered Title Risks. 2. The tight to take the lei~:l by condemning it, unless: a. s notice of exerc~ng the right epce~s in the public records on the Policy Date; ~. the taking happened pict to the Policy Date and is binding on you if you bough[ the lend without kno~ng of the taking. 3, Title Risks: e. that are created, allowed, or agreco tO by yOU; b. that ere ~_nown to you, txJt not to us, on the Polloy Date - uNees they eDpeered in the !~btic records; c. that result in no loss to you; or d. that f'~st affect your title after the Policy Date - thls doss no~ limit the cover~le descrlbed in Item~ 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of s fight: {a) to any lend outside the area specifios~ly described en¢~ referred to in kern 3 o Schedule A or (b) in streets, alleys, or waterways the& touch yo~Jr land, This exclusion does not limit [he coverage described in Items 5 and 12a'of the Covered 'title Risks. ASSESSOR'S MAP 941 k ~uo / / MAPOFA§UB. OF PLOT A OF THE DOUGHERWP, ANCHta~.m%m) ", ~ ~' P.M. 2480.g]~.~os &'~i"RM;'2481 i~,~.~/~:4d' '. ..... ~' P.M, ~-60 {Bk. 61Pg.21) ' ' ' ?' - //E'M: 462 (sk~sip~-2z) - -PM. 756 (ak. 72Pg.13) · .,,~. PM. ~,~8 (Bk. 64Pg. ag) P.M. 7:30 · / ' PM.668 (Bk.6~Pg..991. ' P.M. 793 {i~.72Pg.34) · f -.; - 'P.M.865 PM. 2695 RM. 5252 r~/ae RM.. 169;5 RM. 1653 P.M. 2966 . r'ode Area NOs.~'t~OI 191 198 198 .g t4OO 2765 ACM 47 REFERENCE: P.M.77?i~,X.TPPg.14) Rk4.73B(Bk.69 Pg. lO0;' 55O Order: KIMBY5 Description: 94¢.205 Page I of ¢ Comment: GRANTOR: PROJECT: PETER N. AND ~/IAXINE DELANOY CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0210-027-01, 02; and941-0210-028-02 ' CITY OF DUBLIN RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth in this Right of Way Contract (the "Contract") PETER N. DELANOY and MAXINE DELANOY, as Trustees of the Peter N. and Maxine Delanoy Living Trust, ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit "A" and a Public Service Easement as indicated in Exhibit "B", incorporated herein by this reference. Public Service Easement is intended to grant additional rights Within an existing easement area. In consideration of Which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein below as follows: 1. Entire Agreement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall A. Pay the sum of Forty Thousand Nine Hundred Twenty and No/I00 Dollars ($40,920.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination of Just Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American Title Company (or any other title company selected by City) for the account of the GRANTOR, Escrow No. 605926 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in' the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated July 28, 2000, and updates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. (A copy of the applicable preliminary title report is attached hereto as Exhibits "C" and "D" and made a part hereof. B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. Have the authority to deduct and pay from the amount shown in Paragraph 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2A above. Close of escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. Page 1 of 4 $:/City of Dublin/Delanoy/Right of Way Contract/as~090701 GRANTOR: PROJECT: PETER N. AND MAXINE DELANOY CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0210-027-01, 02; and 941-0210-025-02 Do The consideration set forth in Paragraph 2A herein shall include payment in full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired are: Fee and Temporary Construction Easement, respectively, as described in Exhibit "A". 3. Temporary Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period not to exceed two (2) years. Said period to commence with fn:st entry on GRANTOR'S property by CITY'S contractor. At least 48 hours advance written notice .will be given before any entry on GRANTOR'S property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. CITY agrees upon completion of any of its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public imprOvement. B. It is understood that the TC~ shall expire on December 31, 2003. 4. Permission to Enter GRANTOR's Land for Construction Purposes Permission is hereby granted to CITY or its authorized agent to enter on GRANTOR's land, Where necessary, to conform driveways and perform miscellaneous construction contract work. GRANTOR understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOR's sole property and GRANTOR will be responsible for maintenance and repair. 5..Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 6. Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Contract on behalf of both parties. Page 2 of 4 $:/City of Dublin/Delanoy/Right of Way Contract/bh/040601 GRANTOR: PROJECT: PETER N. AND MAXINE DELANOY CITY OF DUBLIN -- DUBLIN BOULEVAP~ WIDENING APN: 941-0210-027-01, 02; and 941-0210-028~02 7. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste, on, from, or under the property which may have occurred prior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the- fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 8. Right of Possession and Use It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Contract, the right of possession and use of the subject property by CITY, and/or its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on August 15, 2001, or close of escrow, whichever occurs first, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Contract. 10. No'Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasmned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. If any lessee interests are identified in Paragraph 9 herein, as a condition precedent to close of escrow, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR's primary responsibility to secure any Quitclaim Deeds or releases; however, CITY agrees to reasonably assist GRANTOR in securing said Quitclaim Deeds or releases. 12. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that this Contract shall have no force or effect unless and until said CITY approval has been obtained and funding secured. Page 3 of 4 $:/City of Dublin/Delanoy/Right of Way Contract/bh/040601 GRANTOR: PROJECT: PETER N. AND MAXINE DELANOY CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0210-027-01, 02; and 941-0210-028-02 13. Authority_ to Sign GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are required to implement this Contract on behalf of GRANTOR. 14. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR" shall include the plural as well as the singular number.) IN WITNESS WHEREOF, the parties have executed this Contract the day and year f~rst written herein below. CITY OF DUBLIN: Title: Date: PETER N. DELANOY and MAXINE DELANOY, as Trustees of the Peter N. and Maxine Delanoy Living Trust ' peter ~ Delanoy .~ Date: Taxpayer I.D. # ,..~oO -- .2..~Y'- '70 '~ / Date: Taxpayer I.D. # fiff.~q-O--_Y_:2 - .2~ ~7 NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 4 of 4 $.'/City of Dublin/Delanoy/Right of Way Contract/bh/040601 Alameda County, California u ~/'.., t701 1006 Peter N. Delanoy, Trustee page 1 of 2 EXHIBIT A PARCEL 1 (1006-1) (Fee) Being a portion of the lands described in the Grant Deed to the Peter N. Delanoy and Maxine Delanoy, as Trustees of the Peter N. and Maxine Delanoy Living Trust as recorded on August 28, 1991 at Instrument Number 91-231461 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at the most southerly corner of Lot 2, Block 2, as said lot and blocks are shown on the map of Tract 2717, Pleasanton Township, Alameda County, California, filed June 21, 1965 in Book 50 of Maps at page 38 at Alameda County Records; Thence along the southerly line of said lands and the northerly line of Dublin Boulevard N.72°43'46"W. 80.334 meters to the most westerly comer of said Lot 2; Thence along the northwesterly line of said Lot 2 N: 17°16'13"E. 0.932 meters; Thence leaving last said line S.72o43'54,,E..80.392 meters; Thence along last said line S.20o49'08,,W. 0.937 meters to the Point of Beginning. Containing 75.0 square meters, more or less. Parcel 2 (1006-2)(Tern porary Construction Easement) A Temporary Construction Easement, due to expire on December 31, 2003, located in a portion of the lands described in the Grant Deed to the Peter N. Delanoy and Maxine Delanoy, as Trustees of the Peter N. and Maxine Delanoy Living Trust as recorded on August 28, 1991 at Instrument Number 91-231461 in the office of the County Recorder of Alameda County, California, more particularly described as follows: COMMENCING at the most southerly corner of Lot 2, Block 2, as said lot and blocks are shown on the map of Tract 2717, Pleasanton Township, Alameda County, California, filed June 21, 1965 in Book 50 of Maps at page 38 at Alameda County Records; Thence along the southeasterly line of said lands N.20o49'08,,E 0.937 meters to the TRUE POINT OF BEGINNING; ' Thence continuing along last said line N.20o49'O8,,E. 2.443 meters; Thence leaving said line N.72o43'54'MV,. 80.543 meters to the northwesterly line of said Lot 2; · Thence along last said line S. 17o16'13,,W. 2.438 meters; Thence S.72o43'54,,E. 80.392 meters to the True Point of Beginning. Containing 196.2 square meters, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. Alameda County, California 1006 Peter N. Delanoy, Trustee page 2 of 2 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. T.P.O.B. P.O.B. P.O.C, TCE (N) (E) R/W (T) LEGEND True Point of Beginning Description by Choudhory & Associotes, Inc., doted June 28, 2001 Point of Beginning Description by Choudhory & Associotes, Inc., doted June 28, 2001 Point of Commencement Temporory Construction Eosement New Right of Woy Existing Right of Woy Totol Porcel Designotion No. EXHIBIT "A" Parcel 1 (FEE) Parcel 2 (TCE) ln,~ No, ? dr. 9'1 --23'146'1 (_ 1006~} ..- TCE EXPIRES t 2/31/03 ~.. ~2.43S 00~'~ , ~ 0.932 Q~_~ ~P~C~Area= 75.1 0 sq. meters ~ DUBLIN LVD SCALE : 1:500 2 ACQUISITION & TEMPORARY CONSTRUCTION EASEMENT PLAT Of A Porft'on Of The Londs of Peter N. Delonoy, Trusfee City of Dublin Alameda County, California EXHIBIT B 06/28/01 1006 Peter N. Delanoy, Trustee page 1 Parcel 1 (1006-3)(Public Service Easement) A Public Service Easement, located in a portion of the lands described in the Grant Deed to the Peter N. Delanoy and Maxine Delanoy, as Trustees of the Peter N. and Maxine Delanoy Living Trust as recorded on August 28, 1991 at Instrument Number 91- 231461 in the office of the County Recorder of Alameda County, Cafifomia, more particularly described as follows: cOMMENCING at the most southerly comer of Lot 2, Block 2, as said lot and blocks are shown on the map of Tract 2717, Pleasanton Township, Alameda County, California, filed June 21, 1965 in Book 50 of Maps at page 38 at Alameda County RecordS; Thence along the southeasterly line of said lands N.20°49'08"E. 0.937 meters; Thence N.72°43'54"W. 65.392 meters to the TRUE POINT OF BEGINNING; Thence N.17°16'13"E. 4.600 meters; Thence N.72°43'54"W. 3.000 meters; Thence S.17°16'13"W. 4.600 meters; Thence S.72°43'54"E. 3.000 meters to the True Point of Beginning, Containing 13.8 square meters, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Sury, eyors Act. Signature .~/~r~se~"Land Sur)veyor Date ¢/, ~ ,~'. (".2 / '~ Dcu ~~t 50 Blc ln~. No. 85-0 ] ] 528 2.438-~ (E) R/W M 38 :k 2 N17'16'13"E 4.600 '"'- 0.932 Landa of N, and Mdxine 91-23146] Par. I (~oo6 -) LO S72'45'54"E /-~.ooo // ~- .N 1_7_.!6,15,,E //~ ~.6oo. ,~' S72'43'54"E 80.543 ~~~.~~.~S72'43'54"E 65.392 ~ T.P.O.B. / ~-3. o0o Delanoy Pdr~ 2 ( 1006 ) z TCE .EXPIRE S 12/31/03 K1006-2) etric / L-(~1006-1) P.O.C.--' /--2.443 T.P.O.B. PSE DM 1 LINE I LEGEND True Point of Beginning Description by Choudhary & Associo[es, Inc.. doted dune 28. 2001 Public Service Easement 11 DUBLIN BLVD. P.O.C. Point of Commencing _~72'45'54"E ISCALE : 1:50 PUBLIC SERVICE EASEMENT In a Potion Of The Lands of Peter N. and Maxlne Delanoy A'MERICAN TITLE COMPANY ~ the Amet~:c~ Dreom EXHIBIT C -PRELIMINARY REPORT In response to the application for a policy of t/fie insurance referenced herein, AMERICAN TITLE CO)l/]PANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Po/icy or Policies of Title Insurance describing the /and 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said pol/cy forms. The printed exceptions and exclusions from the coverage of said Poticy or Po/icies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued the report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed hereby. If it is desired that liability be assumed p~o_' r to the issuance of a policy of title insurance, a Binder or Commitment should be requ~' ted. The Policy(s) of title insurance to be issued hereunder wi// be policies of FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation. Please read the exception shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this pre/ira/nary 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. - ~~~lersigned American Title Company AMERICAN TITLE COMPANY _ ..~,.rv~g the American 3549 Castro Valley Boulevard · Castro Valley, CA 94546 (510) 537-2933 · FAX (510) 537-3640' PRELIMINARY REPORT ESCROW OFFICER: Bette. Dawson ORDER NO.: 605926 TO: Chaudhary & Associates, Inc. 3272 Villa Lane. Napa, CA 94558-3085 ATTN: Ed Krumrei YOUR REFERENCE.: 99-1 0-069 SHORTTERM RATE: No PROPERTY ADDRESS: A.P.N. 941-21 0-27-1,941-210-27-2, Dublin, California EFFECTIVE DATE: July 28, 2000, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California-Land Title Association Standard Coverage Policy- 1 990 America~=Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form .1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: PETER N. DELANOY and i¥1AXINE DELANOY, as Trustees of the Peter N. and IViaxine Delanoy Living Trust 3. THE LAND P, EFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\sb 08/31/2000 EXHIBIT "ONE" Order No. 605926 Lot 2 of Block 2 as said Lot and Block are shown on the map of "Tract 2717, Pleasanton Township, Alameda County, California", ' filed June 21 1965 in the offi~,e of the County Recorder o'f said County in Book 50 of Maps at Page 38. EXCEPTING THEREFROM: All water rights, including the right to use subterranean water, together with any pipe lines, wells or other equipment relating to the use of or extraction of water from or under sai'd property, but without the right of entry upon the surface of said property, as reserved in the Deed from Volk-McLain Communities, Inc., recorded March 1, 1 965, in Reel 1445, O.R. image 863. ALSO EXCEPTING THEREFROM: ' All oil, gas and other hydro-carbon substances in and under or that may be produced from a depth below 500 feet of the surface of said property without right of entry upon the surface of said property for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydro-carbon substances or other use of or right in or to any portion .of the surface of said property to a depth of 500 feet below the surface thereof, as reserved in the Deed from Volk-McLain Communities, Inc., recorded March 1, 1965, in Reel 1445, O.R. Image 863. Assessor's Parcel No: 941-021 0-027-01,941-0210-027-02 2 i Order No. 605926 '6' AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. Easement(s) for the purpose{s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Valley Community Services District, a Political Subdivision, State of California Drainage line March 1, 1965, Instrument No. AX27380, Book 1445, Page 863, of Official Records A portion of said land The above mentioned document contains provisions for relocating said drain line easement. Covenants, conditions and restrictions (deleting therefrom.any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: June 21, 1965, Instrument No. AX85269, Book 1532, Page 980, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. o Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recorded: Affects: Volk-McLain Communities, Inc. Storm drainage for flood control March 11, 1966, Instrument No. AY32137, Book 1724, Page 457, of Official Records Northeasterly 10 feet Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recorded: Affects: Voik-McLain Communities, Inc. Ingress and egress March 11, 1966, Instrument No. AY32137, Book 1724, Page 457, of Official Records. Southeasterly portion' of said land 3 ITEMS: (Continued) Order No. 605926 o Easement{s) for the purpose(s) shown below and rights incidental thereto as reserve~ in a document; . /~ ~ /~ Reserved by: Volk-McLain Communities, Inc, Purpose: Slope easement Recorded: March 11, 1966, Instrument No. AY32137, Book 1724, Page 457, of Official Records Affects: Easterly portion of said land o Easement(s) for the purpose(s) shown below and'rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Pacific Gas and Electric Company, a California Corporation' Public utilities October 22, 1974, Instrument No. 74-136551, Book 3800, Page 492, of Official Records Northeasterly 10 feet of the Southwesterly 1 5 feet 9~ 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Alameda County Flood Control and Water Conservation District Purpose: Ingress and egress of pedestrians, vehicles and equipment for the purpose of facilitating the installation, maintenance and inspection of that certain flood control channel known as Alamo Canal Recorde~h October 31, 1978, Instrument No. 78-21 3099, Book 5651, Page 695, of Official Records Affects: A portion of said land An unrecorded lease with certain terms, covenants, conditions and provi,~0ns set forth therein as disclosed by the document '--- Entitled: Lessor: Lessee: R,eco rd ed: Financing Statement Peter N. Delanoy and Maxine Delanoy, as Trustees of the Peter N. and Maxine Detanoy Living Trust Stavros Taxidis, dba Athens Burgers March 9, 1995, Instrument/File No. 95-053357, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 11. If title is to be insured in the trusteeJs) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. 'The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 12. Any rights of the parties in possession of a portion of, or all of, sai'd land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with ali supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. ITEMS: (Continued) END OF ITEMS Note 1. Note 2. Note 3. Property taxes for the fiscal year shown below are PAID. amounts are: APN: Fiscal year 1 st Installment: 2nd Installment: Exemption: Land: .Improvements: Personal Property: Code Area: Tracer No.: 941-0210-027-01 1999-2000 85,148.29 PAID $5,148.29 PAID 80.00 8571,103.00 8368,566.00 80,00 26-001 393148-00 Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-0210-027-01 Fiscal year 1999-2000 1st Installment: 853J39 PAID 2nd Installment: 853.09 PAID Exemption: t~0.00 Land: 80.00 Improvements: 80.00 Personal Property: 80.00 Code Area: 26-001 Tracer No.: 393148~-90 Property taxes for the fiscal~ear shown below are PAID. amounts are: APN: 941-0210-027-02 Fiscal year 1999-2000 1st Installment: $7,699.79 PAID 2nd Installment: 87,699.79 PAID Exemption: $0.00 Land: 8562,604.00 Improvements: 8846, 899.00 Personal Property: 80.00 Code Area: 26-001 Tracer No.: 393149-00 Order No. 605926 For proration purposes the For proration purposes the For proration purposes the Note 4. Property taxes for the fiscal year shown below are PAID. amounts are: APN: 941-0210~027-02 Fiscal year 1999-2000 1st Installment: $79.63 PAID 2nd Installment: 879.63 PAID Exemption: 80.00 Land: 90.00 Improvements: 80.00 Personal Property: 80.00 Code Area: 26-001 Tracer No.: 393149-90 For proration purposes the ITEMS: (Continued) Order No. 605926 Note 5. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, When issued. /~ ~ /~..~ Note 6. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 11 6 indicating that there is located on said land Commercial Building known as 6991 Dublin Blvd., Dublin, CA to an Extended Coverage Loan Policy. Note 7. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: City of Dublin, a corporation If these names are incorrect, incomplete or misspelled, please notify the Company. Note 8. There are NO deeds affecting said land, recorded within twenty-four I24) months of the date of this report. Note 9. Note 10. Note 11. Note 12. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO LONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING, THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law' requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State income Tax, subject to the various provisions of the law as therein contained. 6 NOTICE" IF YOU BOUGHT, SOLD O~--REFINANCED A HOME (RESIDENTIAL REAL PROPERTY') IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, .1 989 and February 28, 1997, with certain rights. If you are such a person and you__are now engaged in an escrow_transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July t,'1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for reco'rdation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. If you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet B0rack, Legal Department, Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, Irvine, California 92614. EXHIBIT A, AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [6-1-87! EXCLUSIONS In addition to the Exceptions in Schedule ~[, you me not insured age, nat IDea, coils, ilt~ys' le~, 1. Governme~ po~ce ~wer, and t~exi~ence or vioJstion d enylaw ~ gov~nmem r~ulation. incl~e~ buildi~ a~ zo~ng ~dinanc~ and ~so le~, and ~egul~ions conc~ng: · la~ use · lend divi~on T~s ex~u~on d~ no~ ep~y to vi~etio~ or the enforcement el t~e matt~s w~ch appe~ in ~ic r~ds el ~icy date. T~8 exc~u~on d~ ~t li~t t~ zo~ng cover~e described in Items 32 a~ 18 of Cov~ad Title Risks. 2. The right to take t~ Is~ by condem~ng it, - a notice of ex~ t~ right a~e~s in-the ~blic records on the Policy Da~e e t~ taking happe~ prior to the P~icy Da~e and is binding on you ~, y~ b~gh~ ~ land knoW,ge o~ the taking 3.Tilts 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 ixJbli records · that first affect your title el~er the Policy Date - this does not limit the labor end mate¢iai lie~ coverage in item 8 of Covered Title ~sks 4. Failure to pay value for your title. 5. Lack of · right: · to any land outside the ~'ea specifically described and reterred tO in Item :3 of Schedule A This exclu~on does not limit the access coverage in item 5 of Covered Title Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you a~e not ;nsu, ed against loss, costs, attorneys' fees, end the expenses :3. Any facts about the tend which a correct survey would disclnse and which a~e r~t shown by the publil records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. 1. Any rights, interests, or claims of pottles in possession of the land not shown by the public records. 4. Any water rights or c~aims or title t6 water in or under the land, whether or not shown by the publ~< 2. Any easements or liens not shown by the public records. This does not limit the ken coverage in item records. 8 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The follow{ng matters are expgesaly excluded from the coverage of this policy and the Company 1. {al A ny law, ~dina~e or gover~e~ ~ulstion (i~luding but not limit~ to ~ilding ordinates, ~ r~ulstio~) le~ticting, l~utging, poN~fi~ u r~ati~ Il) the ~pa~y, use, or ~ted on t~ la~; (J~) a sep~ation in own~s~p ~ a change i~ the dlmen~a~ or any pe~ of w~h t~ land is or w~ a p~; or (iv) envlronmen~M ~otection, ~ t~ effect of any vi~ation a~lemi~ t~ la~ has b~n re--dad in t~ public records at Date of P~icy. (bi Any gov~en~ p~ice power not excluded by (a~ above, except to Ihs e~ent that exercise /~eof ~ a ~tice of a detect, llen ~ e~umbrance r~ulfing from a vi~stion affecti~ t~ ta~ has been t~rd~ in t~ pu~ic records at Date of P~icy. 2. Right~ of e~nt demon u~esa notice o~ :~ ex~cise thereo~ h~ been r~ded in the public r~ords at Date of P~icy~ but not ex~udi~ from coyote any taking whJch has oc~rr~ prior to Date of Po~ wNch w~ld ~ ~ing on t~ rights of a Durchas~ for v~ue ~th~t k~edge. 3, D~ects, tie~, e~mbrances, ~v~se ~ms: ~ o~ (al whether or not recorded in the public records at Date of Policy, but crested, suffered, assumed agreed to by the ir,,t:ured lb) not known to the Company, not recorded in the public records at Date of Policy, but known to insured claimant and not disclosed in writing to the Company by the insured claimant prior to the daf, the insured clement b~came an insured under this policy; (c) resulting in no loss er damage to the insured claimant; (d) a~achJng or created subsequent to Date of Policy; or (el t~suidr4} in loss er damage which would not have been sustained if the insured claimant had value for the insured mortgage er for the estate ~ interest insured by this pollcy. Unenforceability el~ the lien of the insured mortgage because of the inability or failure of the J[,~t~ed Date of Policy, or the inability or failure of any subsequent OWner Of the indebtedness, to comply v~tl the applicable doing bus~r~ss laws of the s~ate in which the land is situated. invalidity or unenforceabillty of the lien of the insured mortgage, or claim thereof, which arises out the transection evidenced by the insured mortgage and is based upon usury or any consume~ oredi protection or truth in lending law. Any claim, which a'ise~ Out of The transaction vesting Jn the instlred the e~tste o[ interest i~ed this policy or the transac~ion creating the interest of the insured lender, by reason bf the 0petition federa~ bankruptcy, state insolvency or s~miler ereditora' righ{$ laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This poiicy does not insure aga~ns~ toss or damage {and the Company wi}l not pay costs, attocneys° fee~ or exposes) which ~ise by reason PART 1 1. Tax~ or ~sessments w~ch ~e not shown ~ exJsti~ tiem by the recede el any tax;~ au~rity that 3. Easements, lle~ ~ e~mbra~es, ~ ~ms th~acL wNch ~e ~t s~wn by The ~ic r~ords. Jevi~ taxes er ass~sme~ts on re~ ~o~rty ~ by t~ pu~ic r~ords. Proceedi~s by a pubic ~ency 4.Discrepancies, conflicts in ~u~y lines, sh~t~e in ~ea, en~oachments, ~ any ot~ f~ts w~cl w~ch may ~mtt in tax~ or ~sessments, ~ ~dc~ of ~ch p~eadi~s, whst~ or not shown by a correct ~vey would disclose, a~ w~ch ua ~t shown by the public t~ rec~ds o~ such agency ~ by the ~blic records. 5.(a} Unpatented mi~ ~ms; (bi res~vado~ ~ exceptions in patents or 2. Any f~ts, rights, int~ts or ~ms w~ch ~e not shown by the ~ic records but w~ch could be issuance the[~f; (c} w~ rlghls, d~ms ~ tide to wa(~, whet~ ~ ~t t~ matt~s excep(~ asc~:~n~ by an i~ction o[ t~ land et w~ch may be ~s~ted by perso~ in posses~on th~eoL ~, (b), ~ lc} ~e s~wn by the ~ic rec~ds; EXHIBIT A {CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY {10-17-92) WITH A,L.T,A. ENDQRSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN PQLICY {10-17-92] WITH A,L.T,A, ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters a~e expressly excluded from the coverage of this policy and the Company pay lose er damage, coats, a~otneys' fees Or expenses which arise by re.on of: 1, (e) Any law, ordinanqe or governmental regulation (including but not limited to building and zon/ng taws, ordinancesr or tegolatlcns} restricting, regulating, prohibiting ~r relating to ri) the occt~pancy, usa, or enjoyment of the land; (ii) the character, dimensions or location Of any improvement now or hereafter erected on the land; (i[i} a separation in ownership or a change in the dimensions or area of the land or any parcel cf which the land is or was e pa~t; or llv} envlronment-l protection, Or the effect of any violation of these taws, ordinances or governmental regulations, except to the extent that the enforcement thereof or a n~tice of e defect° lien or encumbrance rest~ltlng from · violation or alleged violation affecting the land has bean recorded in the public records at Cate of Policy. (b) Any govarnmentel police power not excluded by (al above, except to the extent that a notice of the exercise thereof or a notice cf a defect° lien or encumbrance reeulting from e eiotatlon or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, PJghta of eminent domain unless notice of the excretes thereof has been feoorded in the public et Date of Pollcy~ but net exoluding from coverage any Ieklng which has occurred prior to Date of Policy which would be binding on the tighte of a ix~¢haser fOr value without knowledge. 3. Defects, liens, encumbrances, adverse claims, Or other matters: [e] created, euffered, assumed or agreed to by the insured claimant; lb} not known to the Company, not recorded in the public records at Date of Policy, but known to the insured olalmant and not dieclceed in writing to the Company by the insured claimant I~ier to the date the insured claimant became an insured under tNe policy; {c) resulting in no toss or damage to the insured olelmant; Id} atteohing or orea~ed subsequent to Date of Policy (except to the ex~ent that this policy insures the priority of the lien of the ir,.~Jred mortgage OVer any statutory lien for services, labor or materiel or to the extent insurance is afforded herein es to ~sseaemente for street imp~'ovements undm' construction or completed at Date of Policy); o~ {e) resulting in lees or damage which would not have been sustained if the insured claimant had paid value for the insured mo~'tgage. 4. Unenforeeebitity cf the lien cf the ineured mortgage because of [~ inabiiky ~ t~l~e of the i~ Date or Policy, ~ t~ Jna~liw or f~l~e of an~ ~b~uent ewer o~ the i~ebtedn~s, to ~m~y app~cable d~ng busi~ laws of t~ state in w~ch the land is ~tuat~. 5. fnvelidky or unenf~coa~Ji[y ef t~ lien o~ t~ i~ed m~tg~e, ~ ~m t~r~f, w~ch ~ises t~ ~ensaction evlde~ by the J~f~ m~tg~e a~ is bes~ upon umty ~ any ca~m~ ~otecdon or truth in le~ing ~. A~y atatul~y ~en f~ ~vic~, lab~ ~ materi~s (~ I~ cl~m of Fixity of any s[a(ut~y lien fc r~aled to the land w~ch is coctr~t~ for a~ com~e~ ~bseque~ to Date of Policy financed in whole ~ in ~ by ~e of the indeb~ss ee~ by t~ i~ured m~tgage at Cate of Policy the ironed h~ advanced or is obligated to advance. 7. Any d~m, w~ch ais~ ~ of t~ trade.ion ~e~ing t~ int~est or t~ mortg~ i~red by p~icy, by reaso~ of t~ ~ation of f~ bankruptcy, state ins~ve~y, or ~mil~ ~editers' right la~, thai is b~ on: (i) t~ ~rans~ion ~e~ c~ in[M~ o~ c~ i~ured m~g~ b~ d~m~ a tr~dulen[ conveye~ or fr~duient tra~f~; ~ (ii) t~ ~bo~dlnation of the im~e~ of the i~r~ m~gag~ ~ e r~u~ of t~ app~cation doctri~ o[ equ[ta~e ~b~natlon; or liii} ~ transaction ~ng the int~e~ of the ~ted mong~ ~ d~med a pre[~enti~ la) to tim~y laced t~ i~mment of transf~; ~ [b) of such recision to imp~ notice to a purch~ for v~ue or a ~gem~nt ~ lien AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY {'10-1'~92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLIC'~ {10-1;'-92) EXCLUSIONS FROM COVERAGE '~ The following matters me expressly exciuded from the coverage of thio policy and the Company will not pay loss or damage, coete, eF;erneye' Ieee or expenses which eriee by reason of: 1. (e) Anylaw, crdlnance or governmentelragulation (inoluding bet not limlted to building andzor~nglawe, ordinancee, or regulatione) restricting,~regulating, prohibiting or relating to {i) the occupancy, uae, or enjoyment of the land; (ii) the character, ~ime~sions Or location of a~,y improvement now Or hereafter erected on the land; (iii) a esparation in ownersblp or a change in the dimensione er area Of the land or any p~rcsl of ~vhich the land is or was a p~'t; or (iv} environmental p~otecfion~ er the effect of any violation Of theee Iowa, o~dinances o~ governmental regulations, except to the axlent that a notice of the enforcement' thereof or a notice of a defect, I~en or enoumbranoe resulting from a violation of alleged . violation affecting the land has been recorded in the public recorde at Date of Policy, lb) Any governmental police power not excluded by ia} above, except to the ex~er~ that a notice of the axe, else thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land hoe been recorded in the public records at Date of Policy. 2. Rights of eminent domain un/ess notice of the exercise thereof hoe been recorded in the public recorde at Date of Policy, but not excluding from coverage any taking which has occurred pt'lot to Date of Policy which would be binding on the righte of a purchaser for value without knowledge. {b) not known to the Company. not recorded in the public records at Data of Policy, but known to insured claimant and rot dieolosed in writing to the Company by the i~sured claimant p~'ior to the daf the insured claimant l:~came an insured under this policy; (c) ~esolfing in no loss or damage to the insured claimant; . (d) attaching or created subsequent to Date of Policy, or (el resulting in loss ~' damage which would not have been sue're,ned if the ip.~ured ola~man~ had pal value for the estate or interest insured by this policy. Any olelm, which ~'i~ out of the transaction vesting in the insured the estate or interest insured this policy, by reaeon of the operation of red.al bankruptcy, state insolvency, or s~mll~ c~editor: rights laws, that ie based on: (i) the transaction cf eating the estate or interact in~ured by thle policy being deemed a fraudute~ conveyance or fra~Jdu~ent ~ranafer; ~- Ill) the transaction orsating the estate or interest insured by this policy b~ng deemed a preferenti tr~p. sfer except where the p~efe~endal transfer results from the falturs: [a) to timely record the instrument of transfer; o~ (b) of such recorda~on to impart notice to a purchaser fOr value or e )udgament Or lien cxedltor. The above ALTA policy forme may be issued to afford elthe~ Standad Coverage or Ex~ande<~ Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage pollcy v~'tl elco include the following G er',er'el Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss er damage (and the Company will not pay oosts, attorneys' fees or expenses) which arise by reason I. Taxee or aese~sments which are not ehown as exieting liens by the recerdsof any taxing mJthority that :3. Easemente, liens o~ enc"umbtances, o~ claims thereof° which a~e not shown by the public records. levies taxes or assessments on real property ~r by the public records. Proceedings by a public agency 4.Discrepancies, conflicts in boundary lines, shortage in a~ea, encroachments, which may result in taxes o~ assessments, or notices of such proceedings, whether or not shown by e correct survey wo,~<:l disctoee, and wblch ~'e not ehown by the public records. the records of such agency or by the public recerde. 5.la) Unpatented mlr~r~l c~a~me: lb) reservations er exceptions in patents o~ in Acts authorizing tl 2, Any facts, rights, intere-sts or claims which are not ehown by the public records but which could be issuance thereof; (c) water tighta, claims or titie to water, whether Or not the matt~s excepted und ascertained by an inepection of the lend or by making inquiry of persons in posseesion thereof, ia), (bi or {c) ~e shown by the public recorde. EXHIBIT A {CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE {6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B, You a'e not insured against loss, coats, ettcrnoys' lees, and exl~enses resulting from: a. buildir~g b. zo~ng c. Lend use e. Lend dlvlsion This Exclusion ages not limit the coverage described in Coveted Risk 14, 15, 16. 17 or 24, 4. Ris~s: e. that ~re created, allowed, or agreed to by You, whether or not t~y a~oe~ in the Public b. that ~e K~ to Y~ ~ t~ Policy Date, ~t ~t to Us, u~s they aooe~ i~ t~ Public Re~c at the Policy Date; d. that firs; o~r a~ the Policy D~e -tNs do~ no~ limit ~he coverage described in Cov~ed 7, 8.d, 22, 23, 24 ~ 25. 5. F~iure ~o pay v~ue f~ Y~r ~tte. 6. L~k of a ;ig~: a. ~o any Lend ~t~de the ~ea s~fic~ly des~ibed a~ refetr~ to in p~raph 3 of Sc~dule TNs Exclusion does ~¢ limi~ the cov~age des~i~ in Cove~ Ris~ 11 ~ 18. RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION {1997) EXCLUSIONS addition to the Exceptions in Schedule B. you e~e not insured against loss, costa, attcrneys' fees, end expenses resulting from: 1, Governmental police ~owet, and the existence or violation of any law or government regulation, This includes building and zoning ordinances and ets0 laws and regulations concerning: land uae; b. improvements on the land; e. land divisions; or d. envi~om'nent ai p¢oteCtion. This exduslon does not apply to vloiations o~ the en[o~cement of these ma~ere vv~ch eppea- in the p~biic records at Policy Date. This exclusion does nor Iimlt the coverage described in Item ~2c and d013 and 38 of Co~erad Title Risks. 2. The right to take the land by condemning it, un/ess: a. · notice of exe~clslng the right eppea~s in the p~biic records on the Policy Date; cr b. the ta~ing happened p¢ior to the Policy Date end is binding on you if you bought the land without )[nowing of the tailing. 3. Title Risks: that a~e created, allowed, or agreed to by you; b. that ~'e known to you, but not to us, on the Poflcy Date · unless they sppe~ed in the put; records; that first affect your title after the PoEcy Date * this does not limit the coverage described in hal 3b, B, 17 and 19 of Covered Title Risks. 4, Failure to pay value fcr your title. 5. Lack of a Hght: |a) to any lend outside the aces spesi~c~Jy described end referred to in Item Schedule A or (b) in streets, 8~teys, ~- w~t~ways that touch, your land. This exctus~on doss not limit the coverage described in items § end 12a of the Core, ad Title ASSESSOR' S CFA SUB. OF PLOT ~ OF THE DOUGHERTY RANCH (POP,. PLOT 59)(~.~5 P~.rt) / . TRACT 2662 {s~.5o~6) -.. R M. 1032 mk.?s Po.zo) '- ..... , 206 .~ .~~. :~ · '~ '"'e'~ - ·-" .'..: ~ ~ .' . ~ ~5~ _.'... ~. ~ .' ~. I': .: __ ~,~. .. .- MAP 94-J ~ A6M 47' I~oo P.M. 2166 {~Les~.r;,} - .,- ,:.. 2... ......... .206. '. 2.07 1400 205 - ' ' Order: KIMBY5 Description: 941.210 Page ~ of 1 Comment ., l ' mAMERICAN TITLE COMPANY EXHIBIT D PRELIMINARY REPORT in response to the application for a po/icy of tit/e-~nsurance referenced herein, AMER/CA/V T/TL£ COMPA/VY hereby reports that i¢ is prepared to issue, or cause to be issued, as of the date hereof, a Po/icy or Policies of T/tN Insurance describing the/and and the estate or ~nrerest therein hereinafter set fort'h, Msuring against/o$$ which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or nor excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of sa~ Jgoh'c~/ for/Ds. The printed exceptions and exclusions from the coverage of said Po/icy or Policies are set forth /~ Exhibit A attached. Copies of the Po/icy forms shou/d be read. They are available from the oh'~ce which issued the report. This report (and any supplements or amendments hereto) is issued so/ely for the purpose of facilitating the issuance of a Po/icy or Po//c/es of title insurance and no i/ability is assumed hereby, if it is desired that liability be a~sumed'prior to the issuance of a poh'cy of t/tie insurance, a Binder or Commitment should be requested. The Po/icy(s) of title insurance to be issued hereunder wi// be policies of FiDELiTY /VA T/ON/IL TITLE /NSURA/VC£ C OA, YP/q/Vy, a California corporation. P/ease read the except/on shown or referred to be/ow and the exceptions and exclusions set forth in Exhibit A of this report carefullY. The exceptions and exclusions are meant to provide you with not/ce of matters which are not covered under the terms of the t/fie insurance po/icy 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//st ail liens, defects and encumbrances affecting title to the land. American Title Company - ,! AMERICAN TITLE COMPANY ~ ~heAme~k~on Dreom 3549 Castro Valley Boulevard · Castro Valley, CA 94546 (510) 537-2933 · FAX (510) 537-3640 PRELIM INARY REPORT ESCROW-OFFICER: Bette Dawson TO: Chaudhary & Associates, Inc.. 3272 Villa Lane Napa, CA 94558-3085 ATTN: Ed Krumrei YOUR REFERENCE.: 99-10-069 PROPERTY ADDRESS: 6997 Dublin Blvd., Dublin, California ORDER NO.: 605928 SHORTTERM RATE: No EFFECTIVE DATE: July 28, 2000, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1 990 American Land Title Association Loan Policy (1 0-1 7-92) with A.L.T.A. Form I Coverage 1. THE ESTATE OR INTEREST 1N THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED. BY THIS REPORT IS: A FEE as to Parcel(s) 1; EASEMENT(S) more fully described below as to Parcel(s) 2; TITLE TO SAID ESTATE' OR INTEREST AT THE DATE HEREOF IS VESTED IN: PETER N. DELANOY and MAXINE DELANOY, as T~ustees of the Peter N. and Maxine Delanoy Living Trust THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CJTYOF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\sb 09/07/2000 Order No. 605928 EXHIBIT "ONE" · PARCEL 1: ' Commencing at the intersection of the Westerly line of Dougherty Road, as it existed in October 1964, and the Northerly line of Dublin Boulevard, formerly Old State Highway leading from Dublin to Livermore, as it existed October 1964, said Westerly line of Dougherty Road being 25 feet from and measured at right-angles to the center line of Dougherty Road and said Northerly line. of Dublin Boulevard being 47 feet 'frOm and measured at 'right angles to the center line. of Dublin Boulevard; said point of commencement also being the Easterly terminus of the course designated as North 73° 30' West 3839.81 feet-in the Deed of C. N. Dougherty to the County of Alameda, dated March 23, 1917, recorded May 3, 1917, in Book 2565 of of Deeds, Page 182, Seribs No. R-171 26, Alam~d4,a' County Records, thence along said Northerly 20 feet; tine of Dublin Boulevard, North 72° 43' West, 257'7.06 feet to the true point beginning, thence at right angles to Dublin Boulevard, North 17° 16' 06" East; 1 o 6' thence parallel to Dublin Boulevard, South 7:2.0 43' 5Z?' East, 55 feet; ther~ce South 17 1 06" West, 120 feet to the Northerly line 'of Dublin Boulevard; thence along said Northerly line of beginning. North 72° 43' West, 55 feet to the true point Excepting therefrom that portion described in the Grant deed from Valley Community Services District to the County of Alameda recorded January 7, 1976, Reel 4220, image 361., Alameda County Records. PARCEL Easement appurtenant to Parcel 1 above, for.the purpose of installing a drain line thereon from the well and tank located on said Parcel 1, described as follows: A Strip. of land 10 feet in width, the center line of which is described as follows: Beginning at a point on the Easterly line of Parcel 1 above said point being South 17 o .16' 06" West, 58 feet from the North Easterly corner of said Parcel 1; thence South 72° 43' 54" East, 100 feet, more or less, to the existing Alamo Drainage Channel. The bearing used in the abqve description are based on the California Coordinate System Zone 3. Grantor, its successors and assigns have the right at any time to relocate said easement and drain line within the area which abuts Parcel 1 above on the East and lies Southerly of the North line of Parcel I extended EasterlY, and Westerly of the West line of Alamo Canal. Assessor's Parcel No: 941-210-:28-2 Order No. 605928 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE' IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001, The lien of supplemental taxes, if'any, .assessed. pursuant to the provisions of Chapter 3.5 . (Commencing with Section 75) of the Revenue and .Taxation code of the State of California. ., Easement(s) for the purpose(s) shown below and rights incidental thereto as granted !n a document; - Granted to: Purpose: Recorded: Affects: County of Alameda Permitting water to flow and drain from certain real property May 26, 1961, Book 333, Page 625, of Official Records A portion of said land As a part of said easement and right of way, first party grants the right to plow and construct through and upon that portion of.premises above described, suitable drainage and/or-drainage ditch or ditches, having sufficient capacity and length to adequately drain the water away from said certain real property. Any invalidity or defect in the title of the vestees in the event that the trust referred t6 herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a tack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (.or if their act is to be insured), this Company will require a' TruSt Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to except additional items and/Or make additional requirements after reviewing Said documents. END OF ITEIV]S Note 1. Property taxes for the fiscal year shown below are PAID. amounts are:. APN: 941-210-28-2 Fiscal year 1999-2000 .1st Install.ment: ,~800.74 PAID 2nd installment: $800.74 PAID Exemption: $0.00 Land: $!43,644.00 Improvements: $0.00 Personal Property: ,~0.00 Code Area: 26-001 Tracer No.: 393150-00 For proration purposes the ITEMS: (Continued) Note 2. Property taxes for the fiscal year shown below are PAID. amounts are'. APN: 941-210-28_2 Fiscal year 1999-2000 1st Installment: $8,11 PAID 2nd .Installment: $8.11 PAID Exemption: $0,00 Land: $0,00 Improvements: 30,00 Personal Property: $0,00 Code Area: 26-001 Order No. 605928 For proration purposes the Note 3. Note 4. Note 5. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land Commercial known as 6997 Dublin Blvd., Dublin, CA to an Extended Coverage Loan Policy. The name(s) of the buyer(s) furnished with this apolication for Title Insurance is/are: City of Dublin Note If these names are incorrect, incomplete or m'sspelled, please notify the Company. There are NO deeds affecting said land recorded within twenty-four (24) months of the date of this report. " Note 7. Note 8. Note 9. Note 10. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO LONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS, Section 124t3.1, California Insurance Code became effective January 1~ 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds rca holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in. the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be tess than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller Shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced' residential real property in the State of California between July 1, i989 and February 28, 1997, with certain rights. If you are such a person and you arenow engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Ti.tie Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in acco?dance with the terms of the Settlement Agreement.' To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and'a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyan'ce or release or obligation in the event that one inadvertently had not been prbviously recorded in the escrow transaction previously handled .by one of the above-named title companies. if'you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, 17911 Von K. arman Avenue, Suite 300, irvine, California 92614. EXHIBIT A AMERICAN .LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY {6-1-B?} EXCLUSIONS In addition to the Exeepti0ns in Soh~lute I~., yo~ me ~t i~red ~d~ I~e, oo~a, ex~ re~lti~ from: L Gov~nmentM ~i~ ~, s~ t~ e~at~e ~ viCe,on of any Jew or gov~nment r~ul~to~. T~ T~s ex~u~o~ d~ ~t ap~y to vi~o~ ~ t~ enf~oement of these matt~s w~oh sp~ tn t~ 'T~s ex~o~ d~s ~t ~m~ t~ zo~ ~v~e d~ in Aems 12 and 13 of 2. T~ fig~ ~o take t~ le~ by co~ it, u~eee: · s notice of ex~ t~ ~g~ ap~ffe In t~ ~ic ~ds on t~ P~icy D~e · t~ taking hao~ ~or to t~ P~cy O~e a~ is ~ on y~ It y~ ~g~ t~ land ~h~t ~no~ge of the taki~ SCHEDULE B EXCEPTIONS [n addition to the ExcJusiom~, you ere not if~ured againat )o~ ~s; ~or~y~' f~, a~ t~ exDe~ 3. Any fame ab~t t~ la~ w~h e o~rect ~rvey ~ld ~s~e and which ~e not sho~ bY t~ ou~ic re~tti~ from: r~s. T~$ do~ ~t limit t~ f~osd 1. Any rights, int~eats, ~ cMms of p~l~ In ~on of t~ lend not sho~ by t~ ~ie r~tds, 4. Any w~ rig~ ~ dNms. ~ title t~ w~ in or u~ t~ land, w~t~ or ~t s~wn by the ~ic 2 Any easements ~ lie~ ~t e~ ~ t~ ~o ~ds. T~e d~ ~ lime t~ ~en ~v~e In Item a of Cov~ Tiffs CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The fal~owing mortars are axle'essay excluded from the ~ver~e o[ tNe poli~ and t~ Company ~11 1. I e) Any taw, ~dine~e ~ gov~nment~ r~ul~on {indudi~ b~ net llm~ to b~ldlng enbvment bf tha I~d; I~} the eh~t~, dime~o~ or IDeation of any im~ovement ~w any DMC~ Of w~ t~ la~ is ~ wM a p~; ~ {iv) envlmnmenta ~ot~tio~, ~ t~ the enf~ceme~ t~f or a ~ti~ of a def~. lien or en~m~e~e r~J~ from a viS.ion vi~etion affe~ing the I~d h~ ~n f~d~ in the ~io recede ~ Date of 2. Rights of emi~nt dom~n u~ess notice of t~ ex.olDs thief h~ been record~ in at Date of P~icT. ~t ~l ex~udi~ from ¢ov~e any takJ~ w~ch has oo~rred ~t~ to DMe of P~i~ ~ch w~ld ~ ~i~ on t~ dghts of a ~ch~ f~ v~e ~h~t k~ge. [al whether or not recorded in the public records at Date of Policy, but c~eated, suffered, assumed agreed to by the insured {bi not known to the Comoany~ not recorded in the ~blic records al Date Of Potic¥, but ~nown to the insured c{dmant and ~lot diacloaed in writing to the Company by the insured claimant ~ior to the dele the insured claimant became an inoured und~ this poliay: {c), i]eeulttng In nb Io~s or derange to the insured (d) attaching o~: ore.ted subse~Jant to Dele of Pdi~/; or (e} resulting in ION ~ damage which would not have been arum[aihed if the insured claimant h~l p~id value for the insured ~c~'tgage or for the e~tate or interesl tn&lJred by this policy. Unec~oraeability of the lien Df the insured mortgage because of the inability or failure of the ~nsured at Date of Policy~ or the inebilt~;y o~ failure of any Subseeuent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated Invalidity or Unsnforosabititv of the lien cf the inaured mortgage, the transaction eviderx:~.d by the insured mortgage end is based tloon usury or ally consumer c~edit Ixptectton or truth in. lending law. Any dair~ which arises o~t of the transection vesting in the in~Jred the a~ats of interest insured b~ thio policy or the trane, action el'eating the interest of the insured lende¢, by reason of the operation federal hankmptl3y~ elate insolvency or droller creditors' rights laws; SCHEDULE B,.PART I EXCEPTIONS FROIVI COVERAGE This >oiic~ does ~ot insure againot loss or damage (and the Company will not pay eosta~ attorneys' fees or expehee~I which arise bv reason PART I Taxes or essesaments which ere not shown a~ existing llano by the records of any taxing authority that levi~ taxes or .s~smems on re~ WO~ ~ by t~ ~I¢ t~ds. Prec~di~s by a ~ic age~ ~ch may t~ult in tax~ ~ Ne~e~nts, 0t notices of ~ch pr~l~e~ w~ ~ ~t s~ by the recede of such ~e~y ~ by t~ pu~io ~rd~.. esc~ned by an inspe~ion DJ t~ tend ~ ~ch may be ~ed by ~sons in ~on t~f, 4, Dfeor~pani:ie$~ conflicts in boonduy lino~, ahortage in eree, encroachments, o[ any other facts whict' · correct survey w~JId dlsclose, end which ~'e not shown by the public records, 5. (al UnPatented rni~ng claims; Ibl reservations or exosptions in patents or in Acts authorizing issuance thereof; {c) water rights, claims or t~e to water~ whsthe~ or not the maters excepted ur~de~ (al, {b~y Ot (o)'ere shown 5y the pLIbiic records/ /// EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A,L.T,A.. ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A;L,T,A, ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS .FROM COVERAGE The following matters ~e ex~'ea~ty exciuded-f'rom the covm~e o~ tNe poli~ and t~ Company ~11 not 1. (e) Any law, ordinate ~ gov~nment~ r~l~oh (i~dt~ ~ ~t limited to ~lding ~dlnences, ~ regul~io~) re~ricting, r~ul~, Fo~ting Or r~atlng to ill t~ oo~p~, ~e, en~ymem of t~ la~ (ii) t~ eh~, ~me~o~ ~ I~n of any im~ovement ~w er~ted on the la~; {~} a sep~ in o~eNp ~ a cha~e in t~ dim~o~ any p~c~ of wNch t~ le~ is ~ w~ e p~ ~ (iv} envtronment~ pr~ecflon~ ~ t~ ~f~ of any violation of t~e la~, ~na~ ~ gov~me~t~ t~ul~ except to t~ e~e~ th~ a ~ of the enforcement t~f ~ a ~fi~ of a def~. ~ ~ e~a~ re~ti~ fro~ 'violation afl.ting t~ land h~ b~n r~d~ in t~ ~MIo r~ds at Date of P~i:y, (b) Any gov~nment~ ~ce ~ ~t ex~ by '(a) a~ve, except to t~ extent t~t~ notice of t~ ex~dse l~eof ~ ~ ~tice of a de]e~. Ilea ~ e~m~ence re~tfing f~om a vlot~ion ~ ~leged vi~ation sfle~ng t~ Isnd h~ ~n te~ in the ~blio records ~ Date of Policy, 2. Rights of emile[ doman u~s ~tioe of t~ ~ t~eof h~ ~en recordeE at Date of P~i~, ~ ~ exdudi~ from coyote a~ takl~ wNeh h~ o~rr~ ~i~ to D~e of P~ioy wNch ~ld ~ bi~ing on the right~ of · ~e~ f~ vM~ ~t~t k~edge, (b) ~t k~wn ~o t~ Com~any~ ~t r~d~ In t~ ~b~o r~d= ~ Date ~ P~iw, ~ k~ to t~ ~red ct~mant a~ ~t ~sdce~ tn ~ to t~ ~mpany by t~ i~red ~msnt pri~ to t~ d~e t~ i~r~ ~mant ~ame en i~r~ U~ t~s (ali s~ng ~ ~e~ ~b~q~m to D~e of P~ (except to the e~ent that t~s p~i~ t~es the Dri~ity of the lien of t~ i~red m~g~e ov~ any ~u[~y ~en for services, labor ~ mat~i~ ~ to o~ com~at~ ~ Date of Poli~l; ~ (~ r~l~{~ i~ I~e ~ damco ~h ~ld ~t have ~n su~d If the i~ur~ value Ior the tr..~ured mortgage, 4. Unsnfotoeebility of t~ ~en of lhe in~ morgue beetle of the ina~tity Or lai)ufe Date of P~ioy, ~ t~ ima~llty or f~lure Of any ~bs~uent o~r of the i~ebtedn~s, tO ap~ioa~e d~ ~ la~ of t~ ~a In ~ch t~ la~ ie ~tu~ed: 5. Inv~ldity ~ ~nf~a~lity of the lien ct t~ t~ed m~g~e, or ~m th~eof, wNch ~isee Dui of t~ ~a~on ev~e~ by t~ in~r~ ~g~e a~ ~ b~ u~n u~ry or any co~mer ~edit 8. Any ~t~y lien ~ ~vi~ la~ ~ m~l~ I~ t~ ddm of priority ol any a~io~, lab~ ~ m~e over the fien of t~ I~r~ m~g~e) ~id~ from sn im~ovemem ~ ~rk r~atad to t~ la~ ~oh i~ ¢ontr~ed f~ ~ ¢omme~ ~bse~uent ~o Date of fina~a~in ~e ~ in p~ by proo~ds of t~ i~ebtedn~s seared by t~ insut~ mo~gage w~ch et Date of Policy t~ IP~red has advanced or is obtigM~ to ~v 7, Any d~m, ~ch ~ ~t of the transition ~eati~ t~ i~es~ of the mo~gagee in~ed po~cy, by reeeoh of t~ oper~ion of I~ be~ptcy, ~ate i~olve~y, ~ ~mii~ creditors' rights ta~ that is b~ on: (I) t~ ~a~fion ~e~ t~ i~t of t~ i~red moAg~ ~ deemed a fr~dulent conveyance ~ fr~dulent trn~; ~ (1~ t~ ~din~ion of ~ int~ of t~ i~r~ m~tg~ ~ a result of the application of the de~trJ~ ot'~uite~e ~din~on; ~ {~i} t~ ~e~fion ~ead~ t~ inter~t of t~ i~t~ m~gag~ ~ deemed a pre~entia except ~e t~ ~ef~enti~ trs~ re. Its from t~ f~lure: ia) to am~y r~d t~ in~rument of tra~f~; or ih) of ~ch r~d~on to im~ ~tiee to a ~ch~ I~ v~ue ~ a ~dgemen~ or lien =edltor, AMERICAN LAND TITLE ASSOCIATION OWNER'S POL!CY (10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY EXCLUSIONS FROM COVERAGE .... The follow~ng rna~te~s Me expressly exciuded ~tom t~ ~v~e of tN~ p~icy a~ t~ ~mpany 1; (s) Any Isw, ~na~e ~ gov~nment~ ~ion {i~i~ ~t ~t llmlt~ to ~ilding and zo~ vi~io~ ~ecfing t~ le~ h~' ~n t~d~ in t~ ~o r~de et Date of P~oy. 2. Rights of emi~nt dom~n UN~ ~flce ~ t~ ~e t~eo[ h~ ~n r~d~ tn.t~ ~b~o at Date of P~iey, ~t ~t ex~udi~ from ~v~e any ta~ ~ch h~ ~ffed prt~ to D~e of P~ioy ~ch w~ld ~ ~i~ on t~ ~ghts of a ~rch~ f~ 9~ue ~t~t kno~edge. (b) hot known to the Company, not recorded in the public records at Date of Policy, but known to th~ Ineured claimant ar~ not diacicaed in writing to the Company by the insured ctaimen~ pri~' to the date the fnstJred claintant ~ame an i~red U~ t~s {cf r~lfing In ~ I~ ~ dsm~e to t~ insured (df ~Nng or =e~ ~uent 1o Date of P~ic~, ~ (e) r~fing in Io~ damage w~ch ~Id not have ~n ~stni~d if the i~ur~ ~dmnn[ h~ v~ue f~ the e~ste ~ int~e~ in~r~ by rna ~icy. · 4. A~y cl~m, wNch ~ses oqt of the tree.ion vexing in the i~r~ the ~tste or in~e~ insur~ b' t~s p~i~, by re.on of the o~etion of f~ benAruptcy, ~e i~ve~y, or simil~ ~edit~s fight= le~, th~ is b~ {I) the ~a~on =e~ t~ e~t~e ~ int~e~ Insur~ by tNs oolicy being deemed ~ fr~duie~ {E} t~ transition =e~i~ the earle or int~ i~r~ by tNs policy being deemed a preferenti~ ~n~M except w~e t~ pret~enti~ tra~f~ r~s from t~ (~ to tim~y r~d t~ i~rumem of ~re~; ~ lb) of ~ch r~da~on to imp~ nofiee to e ~rchas~ f~ v~ue or a ~dg~ent ~ lien The above ALTA policy forms may be |s~led to afford eithe~ Standa'd Coverage or Extended Coverage. in addition to the above ExcJu~ions from CoYeraga~ the Excepti~M from Cordage'in a Standa'd Coverage policy ~31 aisc include the i~ollowir~l Ger~'a~ Exceptions: EXCEPTIONS FROM COVERAGE Th~$ =olicy doe~ nor inane agorot foss or damage (arid-the Company ~tl ~t pay costs, 8~orneys' ~s or ex~es) wNoh ~se by te~on of: 1, Tax~ or easements wNch ~e not s~ ~ exi~i~ lle~ by the ~rds of ~y ta~ng. ~t~ty th~ 3. E~ements, lie~ ~ e~mbrs~es, ~ d~ms th~eof, w~ch ~e ~t shown by the pu~ic records. ievi~ tax~ ~ e~essments on rem ~op~y ~ by t~ ~io r~de. Pt0~s by a ~bllc ~e~y 4. ~s~epa~, conflicts in b~y ti~, s~e in ~ea, e~ro~hments, or any oth~ facts w~( w~ch may r~lt in tex~ ~ ~ments, ~- ~fl~ of ~ch ~,' ~et~ ~ ~t a~ by a ~t ~tvey ~ld di~oee, and w~eh ~e not shown by t~ ~blic re~rds. t~ ~d~ ol ~ch ~e~y ~ by t~ ~e r~ds. .5. (a) U~patent~ mi~ ~ms; {b) t~vafio~ ~ ex~tio~ in patents ~ in Ac~s ~thoHzing ti 2. Any ~ts, rights, int~e ~ ~ms w~h ~e ~ e~wn by t~ pu~o re.fda ~ w~oh e~ld ~ ' is~e~ t~teof~ ir) W~ rlghts. ~ms or title to wat~, w~r or not t~ matt~s excepted u~ escaped by en i~pection of the la~ ~ by ma~ i~uEy of ~so~ in p~eee~on t~f, ia). {b} ~ (~} ue s~ by t~ ~b~c reD. ds. EXHIBIT A {CONTINUED} CLTA HOMEOWNER'S POLICY 'OF TITLE INSUPJ~NCE I6-2-98} ALTA HOMEOWNER'S >OLIOY oF TITLE INSURANCE [10-17-981 EXCLUSIONS 1. Gov~nment~ ~ice ~, a~ the exi~e~e.~ vl~aflon of any law or gov~nme~ r~l~lon. b. zo~ng c. Le~ use d. im~ovements on Land e. La~ divi~on TN~ Exdu~on d~s ~t ap~y to violations ~ t~ e~eement of t~e ma~s if ~tt~ of t~ v~o~ ~ enforcement appe~s in t~ ~c R~dm ~ t~ P~I~ 2. T~ f~e o Y~r e~at{~ ~uc~, ~ ~Y P~ of t~m~ to ~ ~u~ In ~rda~ ~th eradicable ~d{~ modes, TNs Exdu~On d~ ~t ~y to vt~io~ of ~ldi~ cod~ if ~fl~ of t~ 3. T~ dgh[ to take the La~ by ¢o~em~ it, a, notice of ex~ng the right eppe~s in t~ ~lb R~ds at t~ Pokey D~e; or the t aki~ happe~ bef~e the Polioy Date e~ ia ~ng od You if Y~ b~ght t~ Le~ ~t~t Kno~ of the fakir. 4. ~, that ere ~sated, allowed, or agreed to by Yot~, whether o~ not they appear in the Public Records; b. that a~e 1(.novvn to You bt the Pc~ioy Data, but i'~t to Us, uNess they appear in the Public Records · at the Poaoy Date; c. that result in no Io~ to You; or that first ooour eher the Policy Date - this does not ilmit the ooverage dasoribed in Covered Risk 7, 8.d. 22, 23, 24 et 25. 5. Failure to pay value fox Your Title. 6. Leok of a right: a. to s~ly Land out,de the aree.~peoiRcsil¥ des~'tbed and referred to in paragraph and .b, tn,~treets~ alleys, e,' waterways that touch the Land. This Exclusion riee~ not lick the cgverage de~oribed in Covered Risk 11 or RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION {1997) EXCLUSIONS in addition to the Exceptions in' Schedute B~ you are not insured agsir~t lose, oders, ettetneya' lees, and exper~ resulting from: GOvernmental ponce Dower, and the ex~atenee et vio~etion of any law or gov~e~t r~t~on. TNs T~s exdu~on do~ ~t a~y to vt~atio~ ~ t~ enf~ent oft~ r~ds at Policy Date. TNs ex~udon d~ ~t I~mit t~ eov~ d~i~d in item 12o a~ T~ Hght to take t~ te~ by ~em~ it, u~: a. a ~fice ~ ex~ t~ right ap~s in t~ ~o t~de 3, Title Risks: , a, that ere oreated, allowed, or agreed to by you; b. that ere known to you, bu~ not to us. on the Polley Date -untesa they appeared in the public tecetri~; o. that result in no ~ to you; or d. that Rr~ affect your title aher the Polioy Data - this riDes not limit the coverage described in Items 3b. 8, 17 and 19 of Covered Title Risks. 4. Fallura to pay value fei your title. 5. L~k of a right: {e) to any land outstrie the ares specifically deeorlbed and relerred to in Item ;3 ol Soheduhi A or {b) in ~e~ta, alleys, or waterways that touch your lend, This exolualon does r~t limit the ooverage described in Items 5 and 12e of the Covered Title Risks. ASSESSOR'S MAP $¢01e~ I"= ~00' , OFA SUB. OF PLOT Co(l.' Are. TRACT 2.662_[~.~o~6) ', R M. 1052 TRACT' 2717(e~.5o~8) ~06'..~ . . ' ~ ~' 207 ~oo 1401 207 1400 Orrt~r' KIM~Y5 D'escriofion: 94~.2'10 Page ¢ of ~ Comment: