RPVCCA_CC_SR_2013_04_30_B_Acquisition_of_Property_on_Cherry_Hill_LaneCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYNN PETRU,AICP,DEPUTY CITY MANAGE~
APRIL 30,2013
ACQUISITION OF PROPERTY ON CHERRY HILL
LANE (NIEMEYER LAND &FARMING PARTNERSHIP,
ASSESSOR PARCEL NOS.7572-007-011 &7572-007-
012)~fl
CAROLYN LEHR,CITY MANAGER ~
Project Manager:Kit Fox,Alep,Senior Administrative Analyst @
RECOMMENDATION
Adopt Resolution No.2013-_,thereby authorizing the City Manager and City Clerk to
sign the Purchase Agreement and execute the Certificate of Acceptance for the
acquisition of a 0.92-acre vacant parcel on Cherry Hill Lane (Assessor's Parcel
Nos.7572-007-011 &7572-007-012)from the Niemeyer Land &Farming Partnership.
BACKGROUND
On October 15,2012,Parke D.Terry,the managing partner of the Niemeyer Land &
Farming Partnership (Partnership)contacted Staff to inquire into the City's interest in
either accepting the donation of or purchasing the Partnership's property on Cherry Hill
Lane in the Portuguese Bend Community (see attached aerial photo).The
Partnership's property abuts several other City-owned lots in the area,which have been
purchased for the purpose of landslide remediation related to Palos Verdes Drive South.
This telephone conversation was followed up a few days later with a letter from
Mr.Terry on October 18,2012 (see attachments).Staff subsequently confirmed with
Mr.Terry on November 6,2012,the Partnership's desire to sell the subject property to
the City.
On November 20,2012,the City Council discussed Mr.Terry's request on behalf of the
Partnership in closed session,and authorized Staff to work with Mr.Terry to purchase
the Partnership's property,including the preparation of a Phase 1 Environmental Site
Assessment and the Planning Commission's review of the acquisition for consistency
B-1
MEMORANDUM:Acquisition of Property on Cherry Hill Lane (Niemeyer)
April 30,2013
Page 2
with the City's General Plan.At that time,Staff estimated that the total cost of
acquisition would be approximately $10,000.00.1
On November 26,2012,Staff authorized our environmental consultant,The Source
Group,Inc.(TSG)to proceed with the Phase 1 report.The TSG report was completed
on January 11,2013 and found no evidence of any recognized environmental
conditions (RECs)on the site (see p.16 of the attached report).In the meantime,the
Planning Commission considered the consistency of the proposed acquisition with the
goals and policies of the General Plan on January 8,2013 (Planning Case
No.ZON2012-00398),and adopted P.C.Resolution No.2013-01 (see attachments)
finding that the acquisition is consistent with the General Plan.Staff has also obtained
a preliminary title report for the property,which identified no defects in the title of the
property.
DISCUSSION
Staff and the Partnership have agreed to a purchase price equal to the current
assessed value of the property (Le.,$4,370.00).In addition,Staff agreed that the City
would pay the estimated second installment of FY 2012-13 property taxes for the
property (Le.,$510.22),as has been be done previously with other voluntary
acquisitions in this area.Staff and the Partnership have agreed to close escrow on this
acquisition by May 3,2013.
The Phase 1 study for the property cost $4,992.75 and the preliminary title report cost
$2,395.00.As such,the total cost of this acquisition is expected to be $12,267.97.The
City Attorney has drawn up the necessary documents to convey title of the property,as
well as a Purchase Agreement and Certificate of Acceptance for the City Manager's
signature.
ADDITIONAL INFORMATION
Mr.Terry,the managing partner of the Partnership,has been advised of the City
Council's consideration of this report at tonight's meeting.
CONCLUSION
In conclusion,Staff recommends that the City Council adopt Resolution No.2013-_,
thereby authorizing the City Manager and City Clerk to sign the Purchase Agreement
and execute the Certificate of Acceptance for the acquisition of a 0.92-acre vacant
parcel on Cherry Hill Lane (Assessor's Parcel Nos.7572-007-011 &7572-007-012)
from the Niemeyer Land &Farming Partnership.
1 The actual cost of the acquisition is now expected to be $12,267.97.This additional cost is
due primarily to the fact that the preliminary title report included a $2,000.00 extra work charge from the
title insurance company since the property had not been insured for more than sixty (60)years).
B-2
MEMORANDUM:Acquisition of Property on Cherry Hill Lane (Niemeyer)
April 30,2013
Page 3
ALTERNATIVES
In addition to the Staff recommendation,the following alternatives are available for the
City Council's consideration:
1.Continue this matter to a future date certain for action on this acquisition by the
City Council;or,
2.Terminate negotiations with the Partnership to acquire this property.
Please note that the current agreement between Staff and the Partnership is for escrow
to close on or before by May 3,2013.
FISCAL ·IMPACT
As discussed above,the cost of this acquisition is expected to be $12,267.97.There
are sufficient funds available in the FY 2012-13 budget to cover the cost of this
acquisition.
Attachments:
•Draft Resolution No.2013-_
•Draft Purchase Agreement
•Aerial photo of subject property
•Letter from Parke D.Terry
•Phase 1 report (without appendices)
•P.C.Resolution No.2013-01
•Preliminary title report
M:\Property Purchases\APN 7572-007-011 &-012 {Cherry Hill Ln)\20130430_NiemeyerAcquisition_StaffRpt.docx
B-3
Draft Resolution No.2013-
B-4
RESOLUTION NO.2013-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES,AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO SIGN THE .PURCHASE AGREEMENT AND EXECUTE THE
CERTIFICATE OF ACCEPTANCE FOR THE ACQUISITION OF A 0.92-
ACRE VACANT PARCEL ON CHERRY HILL LANE (ASSESSOR'S
PARCEL NOS.7572-007-011 &7572-007-012)FROM THE NIEMEYER
LAND &FARMING PARTNERSHIP
WHEREAS,on October 18,2012,the managing partner of the Niemeyer Land &
Farming Partnership submitted an inquiry to the City of Rancho Palos Verdes to
determin,e if the City was interested in acquiring a vacant lot that the Partnership owns
(Assessor's Parcel Nos.7572-007-011 &7572-007-012),located in the active landslide
area on Cherry Hill Lane in the Portuguese Bend community;and,
WHEREAS,on November 20,2012,the City Council considered and accepted
Staff's recommendation to enter into negotiations to acquire the property from the
Partnership for landslide abatement and roadway maintenance purposes;and,
WHEREAS,on January 8,2013,pursuant to Government Code Section
65402(a),the Rancho Palos Verdes Planning Commission considered the consistency
of the acquisition of the Partnership's property with the goals and policies of the Rancho
Palos Verdes General Plan (Planning Case No.ZON2012-00398),and subsequently
adopted P.C.Resolution No.2013-01 finding said acquisition consistent with the
Rancho Palos Verdes General Plan;and,
WHEREAS,on January 11,2013,the City's environmental consultant,the
Source Group,Inc.,completed a Phase 1 Environmental Site Assessment of the
property,which identified no recognized environmental conditions (RECs)on the
property to be acquired from the Partnership;and,
WHEREAS,on March 11,2013,the City received a preliminary title report for the
property,which revealed no defects in the title of the property to be acquired from the
Partnership.
BE IT NOW,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES:
Section 1:The City Council hereby authorizes the City Manager and City
Clerk to sign the Purchase Agreement and execute the Certificate of Acceptance for the
acquisition of a 0.92-acre vacant parcel on Cherry Hill Lane (Assessor's Parcel
Nos.7572-007-011 &7572-007-012)from the Niemeyer Land &Farming Partnership.
B-5
PASSED,APPROVED,and ADOPTED this 30 th day of April 2013.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles )ss
City of Rpncho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the
above Resolution No.2013-_,was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on April 30,2013.
City Clerk
M:\Property Purchases\APN 7572-007-011 &-012 (Cherry Hill Ln)\20130430_NiemeyerAcquisition_Reso.docx
Resolution No.2013-_
Page 2 of 2
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Draft Purchase Agreement
B-7
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this
"Agreement")is dated as of April-J 2013 ("the Effective Date")and is entered into by and
between NIEMEYER LAND &FARMING PARTNERSHIP,a Nebraska general partnership
("Seller")and the CITY OF RANCHO PALOS VERDES,a municipal corporation ("Buyer").
RECITAL
Seller desires to sell to Buyer and Buyer,desires to purchase from Seller the
underdeveloped land situated in the City of Rancho Palos Verdes,County of Los Angeles,State
of California,described on Exhibit "A"attached hereto (the "Property").
NOW,THEREFORE,in consideration of the terms and conditions of this Agreement
and other valuable consideration,the sufficiency of which is hereby acknowledged,Buyer and
Seller agree as follows:
1.Purchase and Sale.Seller agrees to sell Property to Buyer,and Buyer agrees to
purchase the Property from Seller subject to and in accordance with the terms and conditions
hereinafter set forth.
2.Opening and Closing of Escrow.The parties shall open an escrow ("Escrow")
with First American Title Company ("Escrow Holder")at 5 First American Way,Santa Ana,
California 92707,Escrow Officer:Brenna Ryan,Jr.(Phone:714/250-5392;Email:
bryan@firstam.com),and shall deliver a copy ofthis fully executed Agreement to Escrow.The
phrase "Close of Escrow"shall mean the date that a grant deed for Property in favor of Buyer is
recorded in the Official Records of the County of Los Angeles.The Close of Escrow shall occur
on or before May 3,2013 (the "Outside Closing Date").
3.Purchase Price.The purchase price for the Property to be paid by Buyer is Four
Thousand Eight Hundred Eighty and 22/100 Dollars ($4,880.22)(the "Purchase Price").
4.Title and Title Insurance.
Buyer's fee title to Property shall be insured at the Close of Escrow by an CLTA
Standard Coverage Owner's Policy of Title Insurance in the amount of the Purchase Price at
Buyer's cost,issued by First American Title Insurance Company ("Title Company")whose
address is 1250 Corona Point Court,Suite 201,Corona,CA 92879,Title Officer:Hugo Tello
(Phone:(951)256-5883;Email:htello@firstam.com)(the "Title Policy").
Buyer acknowledges receipt of a title report for the Property issued by Title
Company and dated March 11,2013 and copies of the title exception documents listed therein.
Buyer hereby approves such report and title exceptions except the second installment of property
taxes and assessments for the 2012/2013 tax year,which Seller represents has been paid by
Seller.
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R6876-0001\1536815v4.doc
B-8
Seller shall not encumber the Property from the Effective Date to the earlier of the
Close of Escrow or the termination of this Agreement.
5.Other Due Diligence;Right Of Entry.[INTENTIONALLY OMITTED]
6.Deposit ofJ2.QQ.l!l!l.!ent~U!n~Fun.qs in Escrow.
(a)Seller and Buyer,as applicable,hereby covenant and agree to deliver to
Escrow Holder at least one (1)business day prior to Close of Escrow the following instruments,
documents,and funds.
(b)Seller shall deliver:
0)A Grant Deed in the form attached hereto as Exhibit "8"duly
executed and acknowledged by Seller;
(ii)A Withholding Exemption Certificate Form 593-C as
contemplated by California Revenue and Taxation Code §18662 (the ;;Withholding Afl1davit")
duly executed by Seller;
(iii)A Certi11cation of Non-Foreign Status in accordance with Internal
Revenue·Code Section 1445 dl.1ly executed by Seller;
(Iv)Such proof ofSeller's authority and authorization to enter into this
transaction as the Title Compap.y may reasonably require in order to issue the Title·Policy.
(c)8uyershall deliver:
(1)The Purchase Price together with such funds as are required to pay
for costs and expenses payable by Buyerhereunder;
(ii)A Certificate of Acceptance in the form attached to the form of
Grant Deed,duly executed;
(Hi)A Preliminary Change of Ownership form;and
(iv)Such proof of Buyer's authority and authorization to enter into this
transaction as the Title Company may.reasonably require in order to issue the Title Policy.
7.Authori7.ation.to Record Documents and Disburse Funds.Escrow Holder is
hereby authorized to record the documents and disburse the funds and distribute the documents
called for hereunder upon the Close ofEscrow,provided each ofthe following conditions has
then been fulfilled:
(a)The Title Company is committed to issue in favor of Buyer the Title
Policy,with a liability in the amount of the Purchase Price,showing fee title to the Property
vested in Buyer,sul1ject only to the Title Exceptions.
-2-
R6876·0001115368ISv5.doc
B-9
(b)Seller and Buyer shall have deposited in Escrow the documents and funds
required pursuant to Section 6.
8.Prorations;Charges.The second installment of property taxes and assessments
for the 2012/2013 tax year shall not be prorated;Seller may apply fora refund from the County
assessor/tax collector for the period after the Close of Escrow.Buyer shall pay:(i)the cost of
the premium for the CL TA Title Policy,(B)all costs and charges for the recordation ofthe Grant
Deed,(iii)any documentary or other local transfer taxes on the transfer ofthe Property,(iv)the
escrow fees and charges;(v)title endorsements if requested by Buyer.If the Escrow shall fail to
close for any reason other than Seller's default,Buyer shall pay any applicable Escrow and title
cancellation charges.
9.CgnQ.Q1l1lJJttiol1;Damage.If at any time prior to the Close of Escrow,the
Property,or any portion thereof:is appropriated throu,gh eminent domain or similar proceedings,
or is condemned for any public or quasi-public use,Buyer may terminate this Agreement.If
Buyer terminates this Agreement,Seller shall be entitled to receive all condemnation proceeds
actually paid for that portion of the property taken.If Buyer elects to maintain this Agreement in
full force and effect,then upon Close of Escrow,Buyer shall beel1titled to receive all
condemnation proceeds actually paid for that portion of the Property taken (or,ifsuch proceeds
have been paid to Seller,.Buyer shall receive a credit againstthe Purchase Price equal to the
amount of proceeds actually paid to Seller).Buyer shall not be entitled to any reduction in the
Purchase Price.
10.Default.In the event of a breach or default under this Agreement by either Seller
or Buyer thatis not cured within five (5)business days after written notice to the defaulting
party,the non-defaulting party shaIIhave the right to terminate this Agreement and the Escrow
forthe purchase and sale ofthe Property by delivering written notice thereof to the defaulting
party andto Escrow Holder,and if Buyer is the non~defaulting party.Buyer shall thereupon
promptly receive a refund of the Deposit Su,chnghtoftermination of tho Escrow by the non-
defaulting party shall be without prejUdice to the non-defaulting party's rights and remedies
against the defaulting party at law or equity,and specifically the right to specific performance of
this Agreement.
11.Notices.All notices and demands shall be given in writitlg by certified mail.
postage prepaid,and retum receipt requested,or by recognized national courier service or by
personal delivery.Notices shall be considered •given upon the·earlier of (a)personal delivery or
(b)two (2)business days foUowingdepositintheUnited States mail,.postage prepaid.certified
mail,return receipt requested.or,the foBowing business day if sent by overnight courier.A copy
of all notices<shall be sent to Escrow Holder.Notices shaH be addressed as provided below for
the respective party;provided that if any party gives notice in·writing of a change of name or
address,notices to such party shall thereafter be given as demanded in that notice:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Attn:City Manager
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1\6876-0001 \15368l5v5.doc
B-10
~:
Escrow Holder:
Niemeyer Land &Farming Partnership
18 Hopland Court
Sacramento,CA 95831-2104
Attn:Parke D.Terry,Managing Partner
See Section 2.
12.I:3roker'sConunissions.Bach party represents to the other that if the representing
party did not engage a broker,salesperson or finder ("'Broker")in connection with the
transaction.Each.party shall defend,indemnify and hold the other party harmless from and
against any and aU claims for any broker's commissions or similar compensation that maybe
payable to a Broker based on communications between the indemnifying party and any broker,
salesperson or finder.The provisions of this Section shall survive the Close of Escrow.
13.Standard Escrow Instructions.Each party agrees to execute Escrow Holder's
supplemental standard instructions if required by Escrow Holder in order to conSl.unmate the
transactions contemplated by this Agreement,however,such instructions must be reasonable and
must not materially conflict with this Agreement.
14.Time is of the Essence.The parties hereto agree that time is of the essence with
respect to each term,condition and covenant hereof.
15.Successors andAssigns.The provisions ofthis Agreement are expressly binding
upon,and shall inure to the benefit of,the parties hereto and their successors in interest and
assigns.
16.Entire Agreement.This Agreement,together with all exhibits hereto,integrates
all of the terms and conditions mentioned herein or incidental hereto,and supersedes all
negotiations or previous agreements between the parties or their predecessors in interest with
respect to all or any part of the subject matter hereof.
17.Severability.Invalidation of any of the terms,conditions,covenants,or other
provisions contained herein by judgment or court order shall in no way affect any of the other
telms,conditions,covenants,or provisions hereof,and the same shall remain in full force and
effect.
18.AttQ.111eys'Fees.Intheevent that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof,the prevailing party or parties in such
suit shall be entitled to recover their reasonable attorneys'fees,costs,and expenses from the
losing party or parties,and any judgment or decree rendered in such proceedings shall include an
award thereof.
19.No Third Party Ben~ficiary Rights.This Agreement is entered into for the sole
benefit of Seller and Buyer and no other parties are intended to be direct or incidental
beneficiaries of this Agreement.
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R6876-0001\lS3681SVS.doc
B-11
20.Governing Law.This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
21.Countemarts.This Agreement may be executed simultaneously in one or more
counterparts~each of which shall be deemed an original~but all of which together shall constitute
one and the same instrument.For ,purposes of this Agreement~facsimile signatures shall be
deemed to be original signatures~and shall be followed by the immediate overnight delivery of
original signature pages.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as ofthe date
first above written.
BUYER:
CITY OF RANCHO PALOS VERDES
By:__..._._
Print Name:. _
Title:__
Attest:
_____~City Clerk
APPROVED AS TO FORM:
BruceW.Galloway ofRichards~Watson &
Gershon,counsel to Buyer
R6876·000 1\1536815v5 .doc
SELLI~R:
NIEMEYER LAND &FARMING
PARTNE
By:
Parke D.Terry,
Managing Partner
/
B-12
EXHIBIT"A"
LEGAL DESCRIPTION OF THE LAND
PARCEL 1:
THAT POR'110N OF LOT 34 IN BLOCK 1,OF TRACT NO.14118,IN THE COUNTY OF
LOS ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 306
PAGES 34 AND 35 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 34.DIs'rANT
THEREON NORTHERLY 110.00 FEET FROM THE SOUTHEASTERL Y CORNER
THEREOF;THENCE SOUTH 69 0 17'10"WEST 214.77 FEET TO AN ANGLE POINT IN
THE WESTERL Y BOUNDARY OF SAID LOT 34.
PARCEL 2:
THAT PORTION OF LOT 34 IN BLOCK 1,OF TRACT NO.14118,IN THE COUNTY OF
LOS ANGELES.STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 306
PAGES 34 AND 35 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 34,DISTANT
THEREON NORTHERLY 110.00 FEET FROM THE SOUTHEASTERLY CORNER
THEREOF;THENCE SOUTH 69°17'10"WEST 214.77 FEET TO AN ANGLE POINT IN
THE WESTERLY BOUNDARY OF SAID LOT 34.
PARCEL 3:
EASEMENTS IN THE COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,FOR
ROAD OR STREET PURPOSES,OVER THE PRIVATE ROADS AND STREETS
INDICATED ON SAID MAP OF TRACT NO.14118.
APN:7572-007-011 and 7572-007-012
R6876·0001\1 53681 5v5.doc
B-13
R6876-000l\l536815v5,doc
EXHIBIT "B"
FORM OF GRANT DEED
(Attached.)
B-14
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO
(AND MAIL TAX STATEMENTS TO):
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
[SPACE ABOVE FOR RECORDER'S USE ONLY]
This document is exempt from the payment of a recording fee
pursuantto Govel'llment Code Section 27383
Exempt from Documentary Transfer Tax;conveyance toa public entity.
GRANT DEED
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
NIEMEYER LAND &FARMING PARTNERSHIP,a Nebraska general partnership (the
"Grantor")hereby grants to the CITY OF RANCHO PALOS VERDES ("Grantee")the land in
the City of Rancho Palos Verdes,County of Los Angeles,State ofCaHfornia,more particularly
described on Exhibit A attached hereto and all improvements thereon (the "Property").
IN WITNESS WHEREOF,Grantor has executed this Grant Deed as of the date set forth
below.
Dated:April ~_,2013
R6876-0001\153681SvS.doc
NIEMEYER LAND &FARMING
PARTNERSHIP
By:
Parke D.Tenoy,
M.anaging Partner
B-15
State of California
County of Los Angeles
)
)
On •before me,-_
(insert name Imd title oflhe officer)
Notary Public.persol1a.11y .·appeared -..._".._..~.."."""_""""_._._.""."..,,,"",,.."."""._.."~._."..".._"__.."."".,,_,..",.'
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instturnentand aclo'lowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted.executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature._
R6876·000l\1536815vS.doc
(Seal)
B-16
EXHIBIT "A"TO GRANT DEED
Legal Description of the Land
PARCEL I:
THAT PORT'ION OF LOT 34 IN BLOCK 1,OF TRACT NO.14118,IN THE COUNTY OF
LOS ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 306
PAGES 34 AND 35 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,LYING SOUTHERL Y OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 34,DISTANT
THEREON NORTHERL Y 110.00 FEET FROM THE SOUTHEAST'ERL Y CORNER
THEREOF;THENCE SOUTH 69°17'10"WEST 214.77 FEET TO AN ANGLE POINT IN
THE WESTERLY BOUNDARY OF SAID LOT 34.
PARCEL 2:
THAT PORTION OF LOT 34 IN BLOCK 1,OF TRACT NO.14118,IN THE COUNTY OF
LOS ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 306
PAGES 34 AND 35 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 34,DISTANT
THEREON NORTHERLY 110.00 FEET FROM THE SOUTHEASTERLY CORNER
THEREOF;THENCE SOUTH 69°17'10"WEST 214.77 FEET TO AN ANGLE POINT IN
THE WESTERLY BOUNDARY OF SAID LOT 34.
PARCEL 3:
EASEMENTS IN THE COUNTY OF LOS ANGELES,STA'I'E OF CALIFORNIA,FOR
ROAD OR STREET PURPOSES,OVER THE PRIVATE ROADS AND STREETS
INDICATED ON SAID MAP OF TRACT NO.14118.
APN:7572-007-011 and 7572"007·012
R6876·000 J\1536815v5.doc
B-17
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed
dated in April,2013,from NIEMEYER LAND &FARMING PARTNERSHIP,to the City of
Rancho Palos Verdes,which is a political corporation,is hereby accepted by the undersigned
officer on behalf of the City of Rancho Palos Verdes pursuant to the authority conferred by
action ofthe City Council of the City of Rancho Palos Verdes on April 30,2013,and the grantee
consents to recordation thereofby its duly authorized officer.'
Dated:April_,2013
Print Name:
Title:
R6876-0001\1 5368 15v4.doc
B-18
Aerial Photo of Subject Property
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B-20
Letter from Parke D.Terry
B-21
..",
i:j Ii~i :l:OCT 18 2012 ;:i !I
if:::~
U Ull.--_----....J
Niemeyer Land &Fanning Partnership
18 Hopland Court
Sacramento,CA 95831-2104
October 15,2012
Carolyn Lehr
City Manager
City of Rancho Palos Verdes '
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Re:City Interest in Acquiring Portuguese Bend Properties on Cperryhill Lane
APN 7572-007-011 and APN 752-007-012
Dear Ms.Lehr:
Our family partnership owns two lots located in the Portuguese Bend landslide area which we
may be interested in selling or donating to the City of Rancho Palos Verdes.The property is
vacant land has been in family ownership since the 1950's.In the most recent maps the property
is shown abutting the inland side of Palos Verdes Drive South approximately 100 yards to the
east of the Peppertree Drive gate.We understand that the City has acquired similar vacant lots in
the vicinity for maintenance work on Palos Verdes Drive South as well as for possible open
space and equestrian trail use.
Please advise me if the City would like to explore a purchase or donation of these lots and,if so,
how we should proceed.If you need to contact me my daytime telephone number is 916-442-
1111.I can also be contacted by email atterryp@gtlaw.com.
Cc:Kit Fox,Assistant City Manager
..~.
SAC 442258191v1
B-22
Phase 1 Report (Without Appendices)
B-23
PHASE I ENVIRONMENTAL
.SITE ASSESSMENT
CHERRY HILL PROPERTIES
APN 7572-007-011 AND APN 7572-007-012
RANCHO PALOS VERDES,CALIFORNIA 90275
January 11,2013
Prepared for:
City of Rancho Palos Verdes
Attn:Mr.Kit Fox
30940 Hawthorne Blvd.
Rancho Palos Verdes,California 90275
SGI Project No.02-RPV-107
Prepared by:
TIle Source Group,In
Charles Nussrallah,P.G.8505
Project Geologist
Prepared/Reviewed by:
TIle Source Group,Inc.
B-24
Phase I Environmental Site Assessment
Cherry Hill Lane,APN 7572-007-011 and -012,Rancho Palos Verdes,California
TABLE OF CONTENTS
January 11,2013
1.0 Summary 1
2.0 Introduction 1
2.1 Purpose 1
2.2 Involved Parties :1
2.3 Scope of Work 1
3.0 Site Description 2
3.1 Location and Description 2
3.2 Site and Vicinity Characteristics 2
3.3 Structures and Other Site Improvements 2
3.4 Environmental Liens or Specialized Knowledge 2
3.5 Current Uses 2
3.6 Past Uses 2
3.7 Current and Past Uses of Adjoining Properties 3
4.0 Records Review 3
4.1 Standard Environmental Records 3
4.1.1 National Priorities List (NPL)6
4.1.2 Response 6
4.1.3 Cal Sites 6
4.1.4 CHMIRS 6
4.1.5 CORTESE 7
4.1.5.5 HIST CORTESE 7
4.1.6 FUDS 7
4.1.7 Toxic Pits 7
4.1.8 CORRACTS 7
4.1.9 CA Bond Expenditu re 8
4.1.10 ROD :8
4.1.11 CONSENT 8
4.1.12 Manufactured Gas Plants 8
4.1.13 RCRA TSD 8
4.1.14 Comprehensive Environmental Response Compensation and
Liability Information System (CERCLlS)8
4.1.15 Leaking Underground Storage Tanks (LUST)9
4.1.16 WMUDS/SWAT 9
4.1.17 CA SLIC 9
4.1.18 Underground Storage Tanks (UST)9
4.1.19 Engineering Controls Sites List (US ENG CONTROLS)9
4.1.20 Institutional Controls Sites List (US INST CONTROL)9
4.1.21 SWRCY 10
4.1.22 US BROWNFIELDS 10
4.1.23 CA FID 10
4.1.24 HAZNET 10
4.1.25 RCRA GNRTR LRG 10
4.1.26 RCRA GNRTR SM 10
4.1.27 NOTIFY 65 11
4.1.28 TRIBAL RECORDS 11
4.1.29 ADDITIONAL DATABASE LISTINGS 11
4.1.30 LOCAL AGENCY FILE REViEW 11
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4.2 Additional Records Sources 11
4.2.1 Aerial Photography Review 11
4.2.2 Historical Topographic Maps 12
4.2.3 City Directory Listings 13
4.2.4 Historic Sanborn®Maps 13
4.2.5 Building Records 13
4.2.6 Environmental Questionnaire 14
5.0 Site Reconnaissance 14
5.1 Identified Uses of Hazardous Substances 14
5.2 Unidentified Hazardous Substances 14
5.3 Storage Tanks 14
5.4 Asbestos and Lead Based Paint (Non-ASTM E 1527-05 consideration)14
5.5 PCBs 14
5.6 Solid Waste Disposal.15
'5.7 Water and Wastewater 15
5.8 Oil and Gas Wells 15
5.9 Pipelines 15
5.10 Radon (Non-ASTM E 1527-05 consideration)15
5.11 Additional Concerns 15
6.0 Conclusions and Recommendations 16
6.1 Conclusions 16
6.2 Recommendations 16
7.0 Limitations 17
8.0 References 18
LIST OF FIGURES
Figure 1.Site Location Map
Figure 2.Photographs
LIST OF APPENDICES
Appendix A.EDR Radius Map Report with Geocheck Report
Appendix B.EDR-Aerial Photo Decade Package
Appendix C.EDR-Historical Topographic Map Report
Appendix D.EDR-City Directory Abstract
Appendix E.Certified Sanborn®Map Report
Appendix F.Interview Questionnaire and Site Reconnaissance Checklist
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1.0 Summary
The Source Group,Inc.(SGI)was contracted by the City of Rancho Palos Verdes (the
City)to conduct a Phase I Environmental Site Assessment (ESA)for the adjacent
properties identified as Cherry Hill property,Rancho Palos Verdes,California,also
identified as Los Angeles County Assessor's Parcels No.7572-007-011 and 7572-007-
012 (Site;Figure 1).
The Site is located in Rancho Palos Verdes.The subject properties consist of land in an
area of historic and current land movement.Because the two parcels were never
developed,no addresses were ever assigned to them.
Based on the Scope of Services performed for this investigation (see Section 2.3,Scope
of Work),there are no recognized environmental conditions (RECs)associated with the
Site.
2.0 Introduction
2.1 Purpose
This ESA followed guidelines outlined in the American Society for Testing and Materials
(ASTM)designation E 1527-05,Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process,and complies with the EPA All
Appropriate Inquiries Rule (AAI Rule)for conducting due diligence.The assessment
was conducted to identify,to the extent feasible,and pursuant to the processes
described,RECs in association with the Site.For the purposes of this assessment,
RECs will mean the presence or likely presence of any hazardous substances or
petroleum products on the Site under conditions that indicate a release,a past release,
or a material threat of a release of these substances or products into structures on the
Site,into the ground,into groundwater,or into surface water on the Site.The term
includes hazardous substances or petroleum products even under conditions in
compliance with applicable laws.The term is not intended to include conditions that
generally do not present a material risk of harm to public health or the environment and
that generally would not be the subject of an enforcement action if brought to the
attention of appropriate governmental agencies.
2.2 Involved Parties
SGI conducted the assessment on behalf of the City.Environmental Data Resources
(EDR)provided an environmental database report (Radius Map Report),aerial
photographs,historical topographic maps,city directory listings,environmental lien
searches,and attempted to locate historic Sanborn®Maps for review.
2.3 Scope of Work
The Phase I Environmental Site Assessment conducted by SGI consisted of four
components:
1)Site Reconnaissance -SGI personnel visually and physically inspected the Site to
identify RECs in association with the Site;
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2)Records Review -SGI personnel searched and reviewed records that would help
identify RECs in association with the Site;
3)Interviews -SGI personnel interviewed the City regarding the nature of the parcels at
the Site;
4)Report -The report was written to document results of the investigation,describe all
evidence of recognized environmental conditions and provide an evaluation of the
impact of RECs,if any,in association with the Site.
3.0 Site Description
3.1 Location and Description
The Site properties are located approximately 200 to 600 feet north of the current
position of Palos Verdes Drive South,in the Portuguese Bend area and within the City of
Rancho Palos Verdes boundaries.The approximate center of the adjacent properties
(which the EDR search radiates from)is located at 33.7409 Latitude (North),and
118.3671 Longitude (West.The properties are identified as Los Angeles County
Assessors'Parcel Numbers 7572-007-011 and 7572-007-012,and are adjacent to each
other.
3.2 Site and Vicinity Characteristics
The adjacent properties are located on the southwest curve of the former Cherry Hill
Lane,a slightly flattened ellipsoid-shaped residential street.The topography consists of
hilly terrain with rock outcroppings,with flora consisting primarily of native vegetation.
The two properties were undeveloped.Because of land movement,some concrete
debris,presumably from structures on other properties,has moved into the properties.
Typical Site photos are included as Figure 2.
3.3 Structures and Other Site Improvements
On December 10,2012,Mr.Charles Nussrallah of SGI conducted a reconnaissance of
the Site and adjacent properties.The properties are undeveloped,and covered with
trees,brush,and other native vegetation (Figure 2,Photographs 1,2,and 3).
3.4 Environmental Liens or Specialized Knowledge
Because the Site properties were never developed,no environmental investigations or
assessments are known to exist specific to them.No lien reports exist.
3.5 Current Uses
Due to land movement,some concrete debris has moved into the properties.Presently,
the properties appeared relatively pristine,with little to no trash or debris noted.
3.6 Past Uses
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According to historical resources reviewed (Aerial photography),the Site properties were
vacant since the 1920's,with increasing residential development in the general site area
beginning in the 1940's (see Section 4.2.1,Aerial Photography Review).Based on
examination of the aerial photographs,the properties do not appear to have ever been
developed with residential homes or other buildings.
3.7 Current and Past Uses of Adjoining Properties
Because of continued land movement,no development is occurring in the area.Some
of the previous residential development to the north and west still exists,and is currently
inhabited,however,the majority of development has been destroyed or removed,
particularly to the south.
4.0 Records Review
4.1 Standard Environmental Records
SGI contracted EDR to conduct a database search of federal and state ASTM standard
environmental records sources;federal,state and/or local ASTM supplemental sources;
EDR proprietary historical databases;and Brownfields databases to help identify RECs
in association with the property.The search was conducted in accordance with ASTM
Practice (E)1527-05.The EDR reports are included as Appendix A.The following
provides a summary of the listed sites.
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Environmental Risk Site Within 0.125 -0.25 -0.50 -Total
Summary 0.125 0.25 0.50 1.0
mile mile mile mile
A)Databases to 1.0 mile
NPL 0 0 0 0 0 0
Delisted NPL 0 0 0 0 0 0
Proposed NPL 0 0 0 0 0 0
AOCONCERN 0 0 0 0 0 0
RESPONSE 0 0 0 0 0 0
CHMIRS 0 0 0 0 0 0
HIST CAL-SITES 0 0 0 0 0 0
CA BOND EXP.PLAN 0 0 0 0 0 0
CONSENT 0 0 0 0 0 0
CORRACTS 0 0 0 0 0 0
HIST CORTESE 0 0 0 1 0 1
FUDS 0 0 0 0 1 1
DOD 0 0 0 0 0 0
ROD 0 0 0 0 0 0
NOTIFY 65 0 0 0 0 0 0
Manufactured Gas Plants 0 0 0 0 0 0
INDIAN RESERVE 0 0 0 0 0 0
TOXIC PITS 0 0 0 0 0 0
B)Databases to O.50 mile
CERCUS 0 0 0 0 0
STATE LANDFILL 0 0 0 0 0
CASUC 0 0 0 0 0
LUST 0 0 0 0 0
WMUDS/SWAT 0 0 0 0 0
RCRA TSD 0 0 0 0 0
US ENG CONTROLS 0 0 0 0 0
US INST CONTROLS 0 0 0 0 0
LUCIS 0 0 0 0 0
SWRCY 0 0 0 0 0
001 0 0 0 0 0
UMTRA 0 0 0 0 0
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DEED 0 a a a 0
us BROWNFIELDS 0 a a a 0
INDIAN LUST 0 a a a 0
VCP 0 a a a 0
C)Databases to 0.25 mile
UST 0 a 0 0
CA FID UST 0 a a 0
INDIAN UST 0 a a 0
HIST UST 0 a 0 0
CERC-NFRAP 0 a a 0
DRYCLEANERS 0 a a 0
SCH 0 a a 0
WIP 0 a a 0
SWEEPS UST 0 a a 0
INDIAN UST 0 a a 0
MINES 0 a a 0
HAZNET 0 0
RCRA GNRTR LG 0 a a 0
RCRA GNRTR SM 0 a a 0
D)Databases for Target
Property
ERNS 0 0
CAWDS 0 0
NPL RECOVERY 0 0
LA Co.HMS 0 0
ICIS 0 0
RAATS 0 0
TRIS 0 0
TSCA 0 0
SSTS 0 0
FTTS 0 0
RADINFO 0 0
PADS 0 0
MLTS 0 0
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HMIRS
AST
FINDS
EMI
ENVIROSTOR
CDL
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Following is a summary of the sites identified in the databases recommended for review
by ASTM Practice E 1527-05.
4.1.1 National Priorities List (NPL)
The USEPA compiled this list from the designated CERCUS list.The NPL lists the
nation's highest priority sites for remedial action.NPL sites are prioritized according to
their significant risk to human health and the environment.The list targets those sites to
receive remedial funding under the Comprehensive Environmental.Response
Conservation and Liability Act (CERCLA).
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.2 Response
Identifies confirmed release sites where DTSC is involved in remediation,either in a lead
or oversight capacity.These confirmed release sites are generally high-priority and high
potential risk.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.3 Cal Sites
The Calsites database contains potential or confirmed hazardous substance release
properties.In 1996,California EPA reevaluated and significantly reduced the number of
sites in the Calsites database.No longer updated by the state agency,it has been
replaced by ENVIROSTAR
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.4 CHMIRS
California Hazardous Material Incident Reporting System.CHMIRS contains information
on reported hazardous materials incidents (accidental releases or spills).
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
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4.1.5 CORTESE
This database is provided by the California Office of Environmental Protection,Office of
Hazardous Materials who annually publishes a listing of potential and confirmed
hazardous waste sites throughout the State of California.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.5.5 HIST CORTESE
The sites for this database are designated by the State Water Resource Control Board
(LUST),the Integrated Waste Board (SWF/LS),and the Department of Toxic
Substances Control (CALSITES).
The Site was not identified in the database.There was one site identified in the
database that was located within a 0.5-mile radius of the Site.The property located at
96 Narcissa Drive,identified as Tucker's Property,is approximately 2,370 feet to the
north-northwest of the Site.The property had a reported underground storage tank
(UST)gasoline leak in 1950,with the case being closed in 1996.SGI reviewed current
aerial photographs of the general area for the plotted address,and did not observe any
obvious or potential RECs.Given the distance of the property in relation to the Site,the
property is not considered a potential REC.
4.1.6 FUDS
This database includes formerly used defense sites locations where the US Army Corps
of Engineers is actively working or will take necessary cleanup actions.
The Site was not identified in the database.There was one site identified in the
database that was located within a 1.0-mile radius of the Site.The site is 3,387 feet
north-northwest of the subject site,identified as Palos Verdes WHF Control Center.
Currently,16 different agencies and companies operate communications equipment on
the site by lease from the Department of Transportation.Given the distance of the
property in relation to the Site,the property is not considered a potential REC.
4.1.7 Toxic Pits
This database is provided by the Water Quality Control Board.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.8 CORRACTS
The EPA maintains this database of RCRA facilities that are undergoing "corrective
action."A "corrective action order"is issued pursuant to RCRA Section 3008 (h)when
there has been a release of hazardous waste or constituents into the environment from a
RCRA facility.Corrective actions may be required beyond the facility's boundary and
can be required regardless of when the release occurred,even if it predates RCRA.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
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4.1.9 CA Bond Expenditure
Department of Health Services developed a site-specific expenditure plan as the basis
for an appropriation of Hazardous Substance Cleanup Bond Act funds.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.10 ROD
Record of Decision.ROD documents mandate a permanent remedy at an NPL
(Superfund)site containing technical and health information to aid the cleanup.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
t 4.1.11.CONSENT
This database identifies major legal settlements that establish responsibility and
standards for cleanup at NPL (Superfund)sites.Reports are periodically released by
the United States District Courts following settlement of litigated matters by involved
parties.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.12 Manufactured Gas Plants
This database includes records of manufactured coal gas plants.The Coal Gas listing is
an EDR propriety listing and is a non-ASTM E 1527-05 consideration.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.13 RCRA TSD
The EPA's Resource Conservation and Recovery Act (RCRA)Program identifies and
tracks hazardous waste from the point of generation to the point of disposal.The RCRA
Facilities Database is a compilation by the EPA of facilities that report generation,
storage,transportation,treatment or disposal of hazardous waste.RCRA TSDs are
facilities that treat,store and/or dispose of hazardous waste.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 0.5-mile radius of the Site.
4.1.14 Comprehensive Environmental Response Compensation and Liability
Information System (CERCUS)
The CERCUS List is a compilation by the EPA of sites where the EPA has investigated
or is currently investigating a release or threatened release of hazardous substances
pursuant to the Comprehensive Environmental Response Compensation and Liability
Act of 1980 (Superfund Act).
The Site was not identified in the database.There were no sites identified in the
database that are located within a 0.5-mile radius of the Site.
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4.1.15 Leaking Underground Storage Tanks (LUST)
The California State Water Resources Control Board (SWRCB)provides an inventory of
leaks of hazardous substances from underground storage tanks (USTs).
The Site was not identified in the database.There were no sites identified in the
database that are located within a c.5-mile radius of the Site.
4.1.16 WMUDS/SWAT
Waste Management Unit Database System.WMUDS is used by the State Water
Resources Control Board staff and the Regional Water Quality Control Boards for
program tracking and inventory of waste management units.WMUDS/SWAT is
compiled from a variety of databases.
The Site was not identified in the database.There were no sites identified in the
database that are located within a c.5-mile radius of the Site.
4.1.17 CA SUC
This list includes any contaminated site that impacts groundwater or has the potential to
impact groundwater.
The Site was not identified in the database.There were no sites identified in the
database that are located within a c.5-mile radius of the Site.
4.1.18 Underground Storage Tanks (UST)
California's State Water Resources Control Board,Office of Underground
Tanks/Aboveground Tanks maintains an inventory of registered aboveground storage
tanks and provides this database.
The Site was not identified in the database.There were no sites identified in the
database that are located within a c.5-mile radius of the Site.
4.1.19 Engineering Controls Sites List (US ENG CONTROLS)
A listing of sites with engineering controls in place including various forms of caps,
building foundations,liners,and treatment methods to create pathway elimination for
regulated substances to enter environmental media or effect human health.
The Site was not identified in the database.There were no sites identified in the
database that are located within a c.5-mile radius of the Site.
4.1.2c Institutional Controls Sites List (US INST CONTROl)
A listing of sites with institutional controls in place including administrative measures
such as groundwater use restrictions,construction restrictions,property use restrictions,
and post remediation care requirements intended to prevent exposure to contaminants
remaining on site.Deed restrictions are generally required as part of the institutional
controls.
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The Site was not identified in the database.There were no sites identified in the
database that are located within a O.S-mile radius of the Site.
4.1.21 SWRCY
A listing of recycling facilities in.California.
The Site was not identified in the database.There were no sites identified in the
database that are located within a O.S-mile radius of the Site.
4.1.22 US BROWNFIELDS
A listing of Brownfields Sites.Included in the listing are brownfields properties
addresses by Cooperative Agreement Recipients and brownfields properties addressed
by Targeted Brownfields Assessments.
The Site was not identified in the database.There were no sites identified in the
database that are located within a O.S-mile radius of the Site.
4.1.23 CA FID
The Facility Inventory Database contains a historical listing of active and inactive
underground storage tank locations from the State Water Resources Control Board.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 0.2S-mile radius of the Site.
4.1.24 HAZNET
Hazardous Waste Information System.This data is extracted from hazardous waste
manifests received each year by the DTSC.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 0.2S-mile radius of the Site.
4.1.25 RCRA GNRTR LRG
RCRA includes selective information on sites that generate,transport,store and/or treat
hazardous waste.RCRIS Large Generators are facilities that generate at least 1,000
kg/month of non-acutely hazardous waste.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 0.2S-mile radius of the Site.
4.1.26 RCRA GNRTR SM
RCRA includes selective information on sites that generate,transport,store and/or treat
hazardous waste.RCRA Small Generators are facilities that generate at least 100
kg/month of non-acutely hazardous waste and not more than 1,000 kg/month of non-
acutely hazardous waste.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 0.2S-mile radius of the Site.
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4.1.27 NOTIFY 65
Notify 65 records contain facility notifications about any release that could impact
drinking water and thereby expose the public to a potential health risk.The data came
from the State Water Resources Control Board's Proposition 65 database.
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.28 TRIBAL RECORDS
Tribal records contain information on the presence of Indian administered lands of the
United States that have any area equal to or greater than 640 acres (INDIAN RESERV
database),leaking underground storage tanks on Indian land (INDIAN LUST database),
and underground storage tanks on Indian land (INDIAN UST database).
The Site was not identified in the database.There were no sites identified in the
database that are located within a 1.0-mile radius of the Site.
4.1.29 ADDITIONAL DATABASE LISTINGS
These listings indicate that regulated materials have been stored and used at the Site.A
potential release of regulated materials could impact soil and groundwater at the Site.
The Site was not identified in the database.Additional database listings were
searched utilizing various search distances,however,no listings identified the Site in the
respective databases.The database listings searched are included in the EDR report
(Appendix C).
4.1.30 LOCAL AGENCY FILE REVIEW
SGI typically requests files from the Los Angeles County Department of Public Works,
Environmental Programs,and the Los Angeles County Fire Department based on
property address.Because no addresses were ever assigned to the properties,no files
exist.
4.2 Additional Records Sources
4.2.1 Aerial Photography Review
SGI reviewed historical aerial photographs of the Site and the general vicinity
surrounding the Site.Photographs were reviewed specifically for indications of RECs at
the Site.This included general land use and indications of pits,sumps,ponds and
lagoons,aboveground and underground storage tanks,landfills and outside storage of
hazardous materials.Aerial photographs are included in Appendix B.
Aerial Photograph Review
1928
1947
The properties appear to be vacant.The surrounding area is
vacant.
The properties and surrounding areas are vacant.The current
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1952
1965
1976
1990
1994
2005
Palos Verdes Drive,Peppertree Drive,and Pomegranate Road are
present.Some development to the west.A farm or orchard is
visible to the west of the Site on Peppertree Drive.The general
outline of roadways in the properties area,including Cherry Hill
Lane are slightly visible.
Residential development in the vicinity of the properties and to the
south are visible.Cherry Hill Lane,Limetree Lane,Tangerine
Road,and Peppertree Drive are clearly visible.Further south,
Portuguese Bend pier is present.No land movement is apparent.
Development to the south of the properties and Palos Verdes Drive
has disappeared.Some development to the west of the Site is
gone.
Land movement to the south-southwest becomes evident.Scarp
lines appear northeast of the Site.Portuguese Bend pier is gone.
Land deformation is evident.Land movement to the south is
pronounced.Land originally on the Site has moved approximately
260 feet to the south-south west.
Land movement slowly continues to the south-southwest.
Land movement continues to the south-southwest.The 49 Cherry
Hill Lane residence is approximately one-half off the Site boundary
to the south,with the 9 Lime Tree Lane residence now into the
north Site boundary.
Based on the review of the aerial photographs,the Site was vacant land as far back as
1928.The surrounding adjacent properties were vacant or had residential use.It should
be noted that DDT was used extensively on the Palos Verdes Peninsula in the early to
middle part of the 20th century.However,based on the hilly topography at the Site and
on the aerial photographs in which agricultural usage at the Site is not apparent,it is
unlikely that DDT was used at the Site.There are no environmental concerns noted for
the Site or adjacent properties based on review of the aerial photographs.
4.2.2 Historical Topographic Maps
SGI reviewed historical topographic maps of the Site and the general vicinity
surrounding the Site.Maps were reviewed specifically for indications of RECs at the
Site.This included general land use and indications of pits,sumps,ponds and lagoons,
aboveground and underground storage tanks,landfills and outside storage of hazardous
materials.Topographic maps are included in Appendix C.
1896 The scale of the map is too large to provide details of the site area.
1901 The scale of the map is too large to provide details of the site area.
1928 The Site appears undeveloped.The current Palos Verdes Drive is
now present as Paseo Del Mar.
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1942
1946
1951
1964
1972
1981
The Site appears vacant.Peppertree Drive is now present.
Portuguese Canyon is labeled.
Some structure development has occurred in the general area of
the Site,although the scale of the map is too large to provide
details.
Development and roads are present near the Site and surrounding
properties.A water tank is present north of the Site near the
junction of Narcissa and Peppertree Drive.
Slightly increased development is present near the Site and
surrounding properties.
The Site and adjacent properties appear to be relatively unchanged
since the previous map.
The Site and adjacent properties appear to be relatively unchanged
since the previous map.
Based on the review of the historical topographic maps,the Site appears to have been
undeveloped since the 1920's.No environmental concerns are noted for the Site or
adjacent properties.
4.2.3 City Directory Listings
SGI reviewed city directory listings for the Site and the general vicinity surrounding the
Site.City listings were reviewed specifically for indications of RECs at the Site.No
environmental concerns are noted for the Site or adjacent properties.City listings are
included in Appendix D.
4.2.4 Historic Sanborn®Maps
SGI attempted to locate historic Sanborn®Fire Insurance Maps,searching the largest
and most complete collection of Sanborn®Maps,through EDR's database.The search
revealed a "No Coverage"status for Sanborn®Fire Insurance Maps at the Site,
indicating that there are no current or past businesses present.The Sanborn®Map
Report is provided in Appendix E.
4.2.5 Building Records
Because the subject properties were never developed,no addresses were ever
assigned to them,thus,no building permits were ever issued to the properties.
The Source Group,Inc.B-39
Phase I Environmental Site Assessment
Cherry Hill Lane,APN 7572-007-011 and -012 Rancho Palos Verdes,California,CA
4.2.6 Environmental Questionnaire
January 11,2013
Page 14
Mr.Kit Fox,a representative of the City of Rancho Palos Verdes,completed the
Environmental Questionnaires for the properties.According to Mr.Fox,no known
environmental conditions exist at the subject site.A copy of the questionnaires are
included in Appendix F.
5.0 Site Reconnaissance
SGI personnel conducted a reconnaissance of the Site on December 10,2012.The
purpose of the site visit was to obtain information indicating possible RECs in
association with the Site.Mr.Charles Nussrallah of SGI,accompanied by Mr.Fox of the
City,conducted the reconnaissance of the Site and vicinity.Appendix G contains a copy
of the completed Interview Questionnaire and Site Reconnaissance checklist.The
following sections describe the findings of the site reconnaissance that were not detailed
in Section 3.3 Structures and Other Site Improvements.
5.1 Identified Uses of Hazardous Substances
Information obtained from the site inspection and records review indicated that no
hazardous materials were known to be at the Site.
5.2 Unidentified Hazardous Substances
Information obtained from the site inspection indicates no evidence of unidentified
hazardous substances in association with the Site.Although DDT was used in areas of
the Palos Verdes Peninsula,it is not expected to have been used at the Site.
5.3 Storage Tanks
Information obtained from the records review indicates no evidence of storage tanks in
association with the Site.
5.4 Asbestos and Lead Based Paint (Non-ASTM E 1527-05 consideration)
An asbestos survey and lead paint survey were not part of the workscope of the ESA.
No demolition or waste building materials were observed at the property.
5.5 PCBs
No PCB-containing transformers were observed onsite during the Site reconnaissance.
The Source Group,Inc.B-40
Phase I Environmental Site Assessment
Cherry Hill Lane,APN 7572-007-011 and -012 Rancho Palos Verdes,California,CA
January 11,2013
Page 15
5.6 Solid Waste Disposal
No trash was observed at the Site.No evidence of waste disposal to the Site was
observed.Two discarded automotive tires were observed.
5.7 Water and Wastewater .
Water service is active to several residential structures to the north and east of the
properties.Information provided by the City indicate that local residences are connected
to private septic systems.SGI notes that hydration from leech fields in geologic areas
similar to Portuguese Bend tend to increase the likelihood of land movement.
5.8 Oil and Gas Wells
The Site is not located within an oil producing area.
5.9 Pipelines
Natural gas pipelines were found at and near the Site.The local resident structures are
connected to natural gas feeder lines through meter and pressure reduction devices.No
other subsurface pipelines for oil or other fuels were found at the site or on adjacent
properties.
5.10 Radon (Non-ASTM E 1527-05 consideration)
A Radon Survey was not part of the workscope of the ESA.Information obtained from
the US EPA for study years 1986-1992 indicate average Radon levels of 0.711 pico
Curries per liter (pCi/L)for living areas on the first floor of structures.The United States
Environmental Protection Agency's safety standard for radon is 4 pCi/L.According to
the EDR Geocheck Report (Appendix B,page A-8),average indoor radon levels for Los
Angeles County range from greater than or equal to 2 pCi/L to less than or equal to
4pCi/L.The EDR Geocheck Report indicates 9 sites tested within the site area Zip Code
of 90275,with 4 reporting readings greater than 4pCi/L.Typically,Radon is a concern
for residentially developed properties due to chronic exposure routes.Therefore,there
is a low risk of Radon posing a health hazard at the Site.
5.11 Additional Concerns
No evidence of other environmental concerns were noted for the site.
The Source GrouP,lnc.B-41
Phase I Environmental Site Assessment
Cherry Hill Lane,APN 7572-007-011 and -012 Rancho Palos Verdes,California,CA
6.0 Conclusions and Recommendations
January 11,2013
Page 16
6.1 Conclusions
SGI conducted a Phase I Environmental Site Assessment of the Site in conformance
with the scope and limitations of ASTM Practice E 1527-05.Per the AAI Rule,any
exceptions to,or deletions from,this practice,as well as any data gaps,are described in
this report.
No RECs were identified during the Phase I assessment.
6.2 Recommendations
Based on the Site information compiled during this ESA,there is little to no potential for
adverse environmental impact to the Site from hazardous materials.The Site is located
in an area of historic and current land movement,thus,any type of land use should take
this into account.It is SGl's recommendation that no additional work is required in
association with identifying RECs at the Site.
The Source GrouP,IDC.B-42
Phase I Environmental Site Assessment
Cherry Hill Lane,APN 7572-007-011 and -012 Rancho Palos Verdes,California,CA
January 11,2013
Page 17
7.0 Limitations
The author of this Report,The Source Group,Inc.(SGI)of Thousand Oaks,Ventura
County,State of California,hereby gives notice that any statement or opinion contained
in this Report prepared by SGI shall not be construed to create any warranty or
representation that the real property on which the investigation was conducted is free of
pollution or complies with any or all applicable regulations for statutory requirements;or
that the property is fit for any particular purpose.Unless otherwise indicated in this
Report,no attempt was made to check on the compliance of present or past owners of
the property with federal,state or local laws and regulations.The conclusions or
procedures beyond the scope of described services or the time and budgetary
constraints imposed by Client are done so by the person or entity doing so and on sole
reliance of its own judgment and on its own personal investigation of such property,and
not in reliance on any representation by SGI regarding such property,the character,
quality or value thereof.Any person or entity considering the use,acquisition or other
involvement or activity concerning the property shall be solely responsible for
determining the adequacy of the property for any and all uses for which that person or
entity shall use the property.Any person or entity considering the use acquisition or the
like shall do so on sole reliance of its judgment and on its own personal investigation of
such property,and not in reliance on any representation by SGI regarding such property,
the character,quality or value thereof.SGI has performed this and similar projects
under similar conditions using all appropriate inquiry into the previous ownership and
uses of the property consistent with good commercial and customary practice as defined
in 42 USC §9601 (35)(8).SGI shall not be responsible for conditions or consequences
arising from relevant facts that were concealed,withheld or not fully disclosed at the time
the evaluation was performed.
The Source GrouP,lnc.B-43
Phase I Environmental Site Assessment
Cherry Hill Lane,APN 7572-007-011 and -012 Rancho Palos Verdes,California,CA
8.0 References
January 11,2013
Page 18
Environmental Data Resources,Inc.,The EDR Aerial Photo Decade Package,Cherry
Hill Lane,Rancho Palos Verdes,California,December 11,2012.
Environmental Data Resources,Inc.,The EDR Radius Map with Geocheck®,Cherry Hill
Lane,Rancho Palos Verdes,California,December 4,2012.
Environmental Data Resources,Inc.,The EDR Historical Topographic Map Report,
Cherry Hill Lane,Rancho Palos Verdes,California,December 5,2012.
Environmental Data Resources,Inc.,The EDR-City Directory Abstract,Cherry Hill Lane,
Rancho Palos Verdes,California,December 5,2012.
Environmental Data Resources,Inc.,Certified Sanborn®Map Report,Cherry Hill Lane,
Rancho Palos Verdes,California,December 4,2012.
The Source Group,Inc.B-44
FIGURES
The Source Group,Inc.B-45
B
-
4
6
FIGURE 2 -Photo 1
FIGURE 2 -Photo 2
FIGURE 2 -Photo 1
FIGURE 2 -Photo 2
B-47
B-48
P.c.Resolution No.2013-01
B-49
P.C.RESOLUTION NO.2013-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES FINDING THAT THE
CITY'S ACQUISITION OF A VACANT 0.92-ACRE PARCEL
ON CHERRY HILL LANE IN THE PORTUGUESE BEND
COMMUNITY FOR LANDSLIDE ABATEMENT AND
ROADWAY MAINTENANCE PURPOSES (ASSESSOR'S
PARCEL NOS.7572~007-001 AND 7572-007-012)IS
CONSISTENT WITH THE GOALS AND POLICIES OF THE
RANCHO PALOS VERDES GENERAL PLAN
WHEREAS,on October 18,2012,the managing partner of the Niemeyer Land &
Farming Partnership submitted an inquiry to the City of Rancho Palos Verdes to determine
if the City was interested in acquiring a vacant lot that the Partnership owns,located in the
active landslide area on Cherry Hill Lane in the Portuguese Bend community;and,
WHEREAS,on November 20,2012,the City Council considered and accepted
Staff's recommendation to enter into negotiations to acquire the property from the
Partnership for landslide abatement and roadway maintenance purposes;and,
WHEREAS,Section 65402(a)of the California Government Code requires that no
real property shall be acquired by dedication or otherwise for street,square,park or other
public purposes,if the adopted general plan or part thereof applies thereto,until the
location,purpose and extent of such acqUisition have been submitted to and reported upon
by the planning agency as to conformity with said adopted general plan or part thereof;
and,
WHEREAS,the City Council's action on November 20,2012,initiated a General
Plan Consistency Finding (Planning Case No.lON2012-00398)for the acquisition of the
O.92-acre parcel (Assessor's Parcel Nos.7572-007-011 and 7572-007-012);and,
WHEREAS,pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21 000 et.seq.("CEQA"),the State's CEQA Guidelines,
California Code of Regulations,Title 14,Section 15000 et.seq.,the City's Local CEQA
Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement),the City of Rancho Palos Verdes reviewed the request and determined that the
proposed request would not have a significant impact on the environment and has,
therefore,been determined to be exempt (Section 15061 (b )(3);and,
WHEREAS,the Planning Commission conducted a hearrng on January 8,2013,at
which time all interested parties were given an opportunity to be heard and present
evidence.
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND,DETERMINE AND RESOLVE AS FOLLOWS;
B-50
Section 1:The Rancho Palos Verdes Planning Commission hereby finds as
follows with respect to the location,purpose and extent of the acquisition of the vacant,
0.92-acre property on Cherry Hi!!Lane (Assessor's Parcel Nos.7572-007-011 and 7572-
007-012):
A.The location of the property acquisition is consistent with the Rancho Palos Verdes
General Plan.The subject property is located within an active landslide area but is
surrounded by developed and undeveloped lot,which accounts for the Hazard
Area/Residential,1-2 DU acre land use designation for the property.The property
is unimproved.which creates no conflicts with the Open Space-Hazard (OH)zoning
district regulations.The General Plan notes that the sUbject property is in an "[area]
with considerations for public health and safety,"as well as an "[area]for
preservation of natural resources."The health and safety considerations identified
on General Plan Figure 12 include active landslide activity,while the resources
identified for preservation on General Plan Figure 13 are wildlife habitat and natural
vegetation.The City's acquisition of this property will remove the possibility of
private development in this location,which could otherwise be contrary to the public
health,safety and general welfare.
B.The purpose of the property acquisition is consistent with the Rancho Palos Verdes
General Plan.The purpose of the property acquisition is to increase the City'S
access from Cherry Hill Lane to the bottom of Portuguese Canyon where there are
existing drainage improvements,the maintenance of which is critical to the
effectiveness of the City's on-going landslide abatement and roadway maintenance
efforts.Development of this property is strictly limited by its current OH zoning and
its location within the City's Landslide Moratorium Area.In addition,several Natural
Environment Policies in the City's General Plan support the acquisition of this
property for infrastructure maintenance purposes.
C.The extent of the property acquisition is consistent with the Rancho Palos Verdes
General Plan.The subject property is a vacant 0.92~acre parcel.There are number
of other similarly~situated small,vacant parcels in the immediate vicinity,but the City
is not aware at this time if such parcels are available for purchase.However,in the
past the City and its former Redevelopment Agency have acquired several lots in
this area for the purpose of improving access to and maintenance of drainage
facilities and adjoining public streets (Le.,Palos Verdes Drive South).The
acqUisition of this property would be a continuation of the City's past efforts to
maintain and improve critical infrastructure.
Section 2:Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council.Pursuant to Section 17.80.070 of the Rancho
Palos Verdes Municipal Code,any such appeal must be filed with the City,in writing,
setting forth the grounds of the appeal and any specific actions requested by the appellant,
P.C.Resolution No.2013-01
Page 2 of 3
B-51
and accompanied by the appropriate appeal fee,no later than fifteen (15)days following
January 8,2013,the date of the Planning Commission's final action.
Section 3:For the foregoing reasons and based on the information and findings
included in the Staff Report,Minutes and all other records of the proceedings,which are
attached herelo and made a part thereof by reference,the Planning Commission hereby
finds that the City's acquisition of a vacant,0.92-acre parcel on Cherry Hill Lane in the
Portuguese Bend community for landslide abatement and roadway marntenance purposes
(Assessor's Parcel Nos.7572-007-011 and 7572-007-012)is consistent with the goals and
policies of the Rancho Palos Verdes General Plan.
PASSED,APPROVED,AND ADOPTED this ~lh day of January 2013,by the
following vote:
AYES;Commissioners Leon,Lewis,Nelson and Tomblin,.Vice Chairman
Emenbiser and Chairman Tetreault
NOES:None
ABSTENTIONS:None
ABSENT:
RECUSALS:
Commissioner Gerstner
None
)\
\
Joel Rojas Ale ,
Communi De:velopmeht D'lrector;and,
Secretary e Plannin'gCommission
M:\Properiy Purchases\APN 7572-007-011 &-012 (Cherry HIli Ln)12013010B_Reso_PC.doc
P.C.ReSOlution No.2013-01
Page 3 of 3
B-52
Preliminary Title Report
B-53
CLTA Preliminary Report Form
(Rev.11/06)
Order Number:NHSC-4322753 (29)
Page Number:1
Rrst American 1itJe
First American Title Company
1250 Corona Pointe Court,Suite 201
Corona,CA 92879
carol Lynch,City Attorney
Richards,Watson and Gershon
355 South Grand Avenue,40th Floor
Los Angeles,CA 90071-3101
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
Portuguese Bend Area
NHSC-4322753 (29)
Hugo Tello
(951)256-5883
(866)782-3439
htello@firstam.com
RANCHO PALOS VERDES,CA
PREUMINARY REPORT
In response to the above referenced application for a policy of title Insurance,this company hereby reports that it is prepared to Issue,or
cause to be Issued,as of the date hereof,a Policy or Polldes of TItle Insurance descrlblng the land and the estate or Interest therein
hereinafter set forth,Insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as
an exception below or not excluded from coverage pursuant to the printed SChedules,Conditions and Stipulations of said Policy forms.
The printed exceptions and Exclusions from the coverage and Umltatlons on Covered RIsks of said policy or policies are set forth In exhibit A
attached.The policy to be Issued may contain an arbitration clause.When the Amount ofInsurance Is less than that set forth In the
arbitration clause,all arbitrable matters shall be arbitrated at the opt/on ofeither the Company or the Insured as the exclusive remedy ofthe
parties.Umltations on Covered RIsks applicable to the CLTA and ALTA Homeowner's Policies of TItle Insurance which establish a Deductible
Amount and a Maximum Dollar Umlt of Uability for certain coverages are also set forth in exhibit A.Copies of the policy forms should be
read.They are available from the office which Issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens,defects,and encumbrances affecting title to the land.
ThiS report (and any supplements or amendments hereto)Is Issued solely for the purpose of facilitating the Issuance of a policy of title
Insurance and no liability Is assumed hereby.If It is desired that liability be assumed prior to the Issuance of a policy of title Insurance,a
Binder or Commitment should be requested.
First Amencan nt/e
B-54
Order Number:NHSC-4322753 (29)
Page Number:2
Dated as of March 11,2013 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Std Owner Policy 1402.06 (2006)
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Niemeyer Land &Farming'Partnership,a Nebraska general partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2013-2014,a lien not yet due or
payable.
2.General and special taxes and assessments for the fiscal year 20012-2013.
First Installment:$255.49,PAID
Penalty:$0.00
Second Installment:$255.48,PAYABLE
Penalty:$0.00
Tax Rate Area:07148
A.P.No.:7572-007-011
3.General and special taxes and assessments for the fiscal year 20012-2013.
First Installment:$252.68/PAID
Penalty:$0.00
Second Installment:$252.67,PAYABLE
Penalty:$0.00
Tax Rate Area:07148
A.P.No.:7572-007-012
4.The lien of supplemental taxes,if any,assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First American Title
B-55
Order Number:NHSC-4322753 (29)
Page Number:3
5.The offer to the public use of the private streets shown on the map of Tract No.14118,which
offer recites II which have ceased to remain closed or posted and shall have been opened to public
travel for a period of three months or morell
• \
6.The provisions of the dedication clause on the map of said Tract No.14118,which offers for
dedication for street purposes,a portion of said Parcell in Lot 34,marked "Future Street"on
said map,and reserves to the dedication (and successive owners of said parcell)any and all
ordinary uses of said land,except the erection or construction of buildings thereon,until such
time as the Legistative Body shall accept the same for a public street.
7.Covenants,conditions,restrictions and easements in the document recorded September 4,
1947 in Book 24960,page 1 of Offidal Records,which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value,but deleting any covenant,condition or restriction indicating a preference,limitation or
dIscrimination based on race,color,religion,sex,sexual orientation,familial status,disability,
handicap,national origin,genetic Information,gender,gender Identity,gender expression,source
of income {as defined in California Government Code §12955 (p})or ancestry,to the extent such
covenants,conditions or restrictions Violate 42 U.S.C.§3604(c},or California Government Code §
12955.Lawful restrictions under state and federal law on the age of occupants in senior housing
or housing for older persons shall not be construed as restrictions based on familial status;
8.An easement for water pipe lines,poles,ingress and egress,road purposes and incidental
purposes,recorded September 4,1947 as Instrument No.773 in Book 25061,Page 65 of Official
.Records.
In Favor of:Palos Verdes Water Company,a corporation
Affects:over those portions of said land lying within the private streets
as shown upon the map of said Tract No.14118
9.An easement for public utility and Incidental purposes,recorded September 29,1947 as Book
24960,Page 307 of Official Records.
In Favor of:Palos Verdes Properties
.Affects:as described therein
10.An easement for roads,streets,bridle trails,parkways,park areas,pole lines,condUits and
incidental purposes In the doc\.lment recorded September 29,1947 in Book 24960,Page 307 of
Offidal Records.
Document{s}declaring modifications thereof recorded October 30,1947 in Book 25614,Page 121
of Official Records.
11.An easement for roads,streets,bridle trails,parkways,park areas,pole lines,conduits and
incidental purposes over those portions of said land offered for public use and designated as
II pr ivate Road ll and/or IIFuture Streetll on the map of Tract No.14118,and as referred to in the
Declaration of Easements executed by Palos Verdes Corporation,recorded September 29,1947 in
Book 24960,page 307 of official records,and the modification of said declaration executed by
Palos Verdes Corporation,recorded October 3D,1974 in Book 25614,Page 121 of Official
Records,and reserved by reference thereto in the deeds from Palos Verdes Properties,a
partnership,recorded June 29,1955.
First American Title
B-56
Order Number:NHSC-4322753 (29)
Page Number:4
12.An easement for pole lines,conduits and incidental purposes,recorded June 11,1948 as
Instrument No.2266,in Book 27444,page 55 of Official Records.
In Favor of:Associated Telephone Company,Ltd.,a corporation
Affects:as described therein
13.An easement for pole lines and incidental purposes,recorded June 17,1948 as Instrument No.
2258 in Book 27488,page 86 of Official Records.
In Favor of:Southern california Edison Company,a corporation
Affects:as described therein
14.The provision as set forth in the deed dated June 15,1955,affecting Parcell,from Palos Verdes
Properties,a partnership,recorded June 29,1955,that said Parcell shall constitute one building
slte Jl
•
15.The provision as set forth In the deed dated June 15,1955,affecting Parcel 2,from Palos Verdes
Properties,a partnership,recorded June 29,1955,that said Parcel 2 shall constitute one building
site Jl
•
Prior to the Issuance of any policy of title insurance,the Company will require:
16.With respect to Niemeyer Land &Farming Partnership,a general partnership:
a.That a certified copy of a statement of partnership authority pursuant to Section 16303 of the
california Corporations Code (form GP-l),executed by at least two partners,and a certified copy
of any amendments to such statement (form GP-7),be recorded in the public records;
b.A full copy of the partnership agreement and any amendments;
c.Other requirements which the Company may Impose following its review of the material
required herein and other information which the Company may reqUire.
First American nrle
B-57
Order Number:NHSC-4322753 (29)
Page Number:5
I
Note:The policy to be issued may contain an arbitration clause.When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause,all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If
you desire to review the terms of the policy,Including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
The map attached,If any,mayor may not be a survey of the land depicted hereon.First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent'coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy,if any,to which this map is attached.
first American Title
B-58
Order Number:NHSC-4322753 (29)
Page Number:6
First American Title Company
1250 Corona Pointe Court,Ste 201
Corona,CA 92879
(951)256-5880
Fax -(909)476-2401
WIRE INSTRUCTIONS
for
First American Title Company,Demand/Draft Sub-Escrow Deposits
Riverside County,California
First American Trust,FSB
5 First American Way
Santa Ana,CA 92707
Banking Services:(877)600-9473
ABA 122241255
Credit to First American Title Company
Account No.3097840000
Reference Title Order Number 4322753 and Title Officer Hugo Tello
Please wire the day before recording.
First American Title
B-59
Order Number:NHSC-4322753 (29)
Page Number:7
LEGAL DESCRIPTION
Real property in the City of .Rancho Palos Verdes,County of Los Angeles,State of california,
described as follows:
PARCEL 1:
THAT PORTION OF LOT 34 IN BLOCK 1,OF TRACT NO.14118,IN THE COUNTY OF LOS
ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 306 PAGES 34 AND 35 OF
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,LYING SOUTHERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 34,DISTANT THEREON
NORTHERLY 110.00 FEET FROM THE SOUTHEASTERLY CORNER THEREOF;THENCE SOUTH 69°
17'10"WEST 214.77 FEET TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF SAID LOT
34.
PARCEL 2:
THAT PORTION OF LOT 34 IN BLOCK 1,OF TRACT NO.14118,IN THE COUNTY OF LOS
ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 306 PAGES 34 AND 35 OF
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,LYING NORTHERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 34,DISTANT THEREON
NORTHERLY 110.00 FEET FROM THE SOUTHEASTERLY CORNER THEREOF;THENCE SOUTH 690
17'10"WEST 214.77 FEET TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF SAID LOT
34.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE PRIVATE ROADS,AS
SHOWN ON THE MAP OF TRACT NO.14118,IN THE COUNTY OF LOS ANGELES,STATE OF
CALIFORNIA,AS PER MAP RECORDED IN BOOK 306 PAGES 34 AND 35 OF MAPS,IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
APN:7572-007-011 and 7572-007-012
Rrst American Title
B-60
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Order Number:NHSC-4322753 (29)
Page Number:9
NOT.lCE
Section 12413.1 of the california Insurance Code,effective January 1,1990,requires that any title insurance
company,underwritten title company,or controlled escrow company handling funds in an escrow or sub-escrow
capacity,wait a specified number of days after depositing funds,before recording any documents in connection
with the transaction or disbursing funds,This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit.In the case of cashier's checks or certified checks,funds may be disbursed the next day
after deposit.In order to avoid unnecessary delays of three to seven days,or more,please use wire transfer,
cashier's checks,or certified checks whenever possible.
If you have any questions about the effect of this new law,please contact your local First American Office for
more details.
First American Title
B-62
Order Number:NHSC-4322753 (29)
Page Number:10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in SChedule B,You are not Insured against loss,costs,attorneys'fees,and expenses resulting from:
1.Governmental police power,and the existence or violation of those portions of any law or government regulation concerning:
(a)bulldlng;(d)Improvements on the Land;
(b)zoning;(e)land division;and
(c)land use;(f)environmental protection.
This Exclusion does not limit the coverage described In Covered Risk 8.a.,14,15,16, 18,19,20,23 or 27.
2.The failure of Your existing structures,or any part of them,to be constructed In accordance with applicable building codes.This Exclusion
does not lIml1:the coverage described In Covered Risk 14 or 15.
3.The right to take the Land by condemning It.This Exclusion does not limit the coverage described In Covered Risk 17.
4.Risks:
(a)that are created,allOWed,or agreed to by You,whether or not they are recorded In the Public Records;
(b)that are Known to You at the Policy Date,but not to Us,unless they are recorded In the Public Records at the Policy Date;
(c)that result In no loss to You;or
(d)that first occur after the Policy Date·this does not limit the coverage described in Covered Risk 7,8.e.,25,26,27 or 28.
5.Fallure to pay value for Your Title.
6.Lack of a right:
(a)to any land outside the area specifically described and referred to in paragraph 3 of SChedule A;and
(b)in streets,alleys,or waterways that touch the Land.
This Exclusion does not limit the coverage described In Covered Risk 11 or 21.
7.The transfer of the Title to You Is Invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankrUptcy,state
Insolvency,or similar creditors'rights laws.
LIMITATIONS ON COVERED RISKS
Your Insurance for the following Covered Risks Is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19,and 21
Your Deductible Amount and Our Maximum Dollar Umlt of UabJllty shown In SChedule A.
Your Deductible Amgunt
Covered Risk 16:1%of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18:1%of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19:1%of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21:1%of Policy Amount or $2,500.00 (whichever is less)
Our Maximum DgJlar
Limit of Liablljty
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL rmE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions In SChedule B,you are not Insured against loss,costs,attorneys'fees,and expenses resulting from:
1.Governmental police power,and the existence or violation of any law or government regulation.This Includes bulldlng and zoning
ordinances and also laws and regulations concerning:
(a)and use
(b)Improvements on the land
(c)and division
(d)environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
first American TItle
B-63
Order Number:NHSC-4322753 (29)
Page Number:11
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered TItle RIsks.
2.The right to take the land by condemning It,unless:
(a)a notice of exercising the right appears In the public records on the Policy Date
(b)the taking happened prior to the Policy Date and Is binding on you If you bought the land without knOWing of the taking
3.Title Risks:
(a)that are created,allowed,or agreed to by you
(b)that are known to you,but not to us,on the Policy Date -unless they appeared In the public records
(c)that result In no loss to you
(d)that first affect your title after the Policy Date --this does not limit the labor and material lien coverage In Item 8 of Covered TItle Risks
4.Failure to pay value for your title.
5.Lack of a right:
(a)to any land outside the area specifically described and referred to In Item 3 of SChedule A OR
(b)In streets,alleys,or waterways that touch your land
This exclusion does not limit the access coverage In Item 5 of Covered lltIe Risks.
.'
2006 ALTA LOAN POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The follOWing matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'
fees,or expenses that arise by reason of:
1.(a)Any law,ordinance,permit,or governmental regulation (Including those relating to building and zoning)restricting,regulating,
prohibiting,or relating to
(I)the occupancy,use,or enjoyment of the Land;
(Ii)the charactlj!r,dimensions,or location of any Improvement erected on the Land;
(ill)the subdivision of land;or
(IV)environmental protection;
or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion l(a)does not modify or limit the
coverage provided under Covered Risk S.
(b)Any governmental police power.this Exclusion l(b)does not modify or limit the coverage provided under Covered RIsk 6.
2.Rights of eminent domain.This Exclusion dOllS not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects,liens,encumbrances,adverse claims,or other matters
(a)created,SUffered,assumed,or agreed to by the Insured Claimant;
(b)not Known to the Company,not recorded In the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed
In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting In no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however,this does not modify or limit the coverage prOVided under Covered RIsk 11,
13,or 14);or
(e)resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceablllty of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land Is situated.
5.Invalidity or unenforceabllity In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and Is based upon usury or any consumer credit protection or truth-In-Iendlng law.
6.Any claim,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws,that the transaction creating
the lien of the Insured Mortgage,Is
(a)a fraudulent conveyance or fraudulent transfer,or
(b)a preferential transfer for any reason not stated In Covered Risk 13(b)of this policy.
7.Any lien on the TItle for real estate taxes or assessments Imposed by governmental ~uthorlty and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage In the Public Records.this Exclusion does not modify or limit the coverage
prOVided under Covered Risk l1(b).
The above policy form may be Issued to afford either Standard 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 Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage (and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of:
1.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records;(b)proceedings by a public agency that may result In taxes or
first American Title
B-64
Order Number:NHSC-4322753 (29)
Page Number:12
assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records.
2.Any facts,rights,Interests,or claims that are not shown by the Public Records but that could be ascertained by an
Inspection of the Land or that may be asserted by persons In possession of the land.'
3.Easements,liens or encumbrances,or claims thereof,not shown by the Public Records.
4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land and not shown by the Public Records.
5.(a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the Issuance thereof;(c)water
rights,cialms or title to water,whether or not the matters excepted under (a),(b),or (c)are shown by the Public Records.
6.Any lien or right to a lien for services,labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The follOWing matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'
fees,or expenses that arise by reason of:
1.(a)Any law,ordinance,permit,or governmental regulation (Including those relating to building and zoning)restricting,regulating,
prohibiting,pr relating to
(i)th'e occupancy,use,or enjoyment of the Land;
(II)the character,dimensions,or location of any Improvement erected on the land;
(III)the subdivision of land;or
(Iv)environmental protection;
or the effect of any Violation of these laws,ordinances,or governmental regulations.This exclusion l(a)does not modify or limit the
coverage provided under Covered RIsk 5.
(b)Any governmental police power.This exclusion l(b)does not modify or limit the coverage prOVided under Covered Risk 6.
2.Rights of eminent domain.This exclusion does not modify or limit the coverage provided under Covered Rlsl<7 or a.
3.Defects,liens,encumbrances,adverse claims,or other matters
(a)created,suffered,assumed,or agreed to by the Insured Claimant;
(b)not Known to the Company,not recorded In the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed
In writing to the Company by the Insured Claimant prior to the date the Insured Oalmant became an Insured under this policy;
(c)resulting In no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however,this does not modify or limit the coverage prOVided under Covered Risk 9 or
10);or
(e)resulting In loss or damage that would not have been sustained If the Insured Oalmant had paid value for the Title.
4.Any claim,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws,that the transaction vesting
the Title as shown In Schedule A,Is
(a)a fraudulent conveyance or fraudulent transfer,or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments Imposed by goVernmental authority and created 'or attaching between Date of
Policy and the date of recording of the deed or other Instrument of transfer In the Public Records that vests Title as shown In Schedule A.
The above policy form may be Issued to afford either Standard 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 exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of:
1.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records;(b)proceedings by a public agency that may result In taxes or
assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records.
2.Any facts,rights,Interests,or claims that are not shown by the Public Records but that could be ascertained by an
Inspection of the land or that may be asserted by persons In possession of the Land.
3.Easements,liens or encumbrances,or claims thereof,not shown by the Public Records.
4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land and not shown by the Public Records.
5.(a)Unpatented mining claims;(b)reservations or exceptions In patents or in Acts authorizing the Issuance thereof;(c)water
rights,claims or title to water,whether or not the matters excepted under (a), (b),or (c)are shown by the Public Records.
6.Any lien or right to a lien for services,labor or material not shown by the public records.
First American 7itle
B-65
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'
fees,or expenses that arise by reason of:
1.(a)Any law,ordinance,permit,or governmental regulation (Including those relating to building and zoning)restricting,regulating,
prohibiting,or relating to
(I)the occupancy,use,or enjoyment of the Landi
(II)the character,dimensions,or location of,any Improvement erected on the Landi
(III)the subdivision of landi or
(Iv)enVironmental protectloni
or the effect of any violation ofthese laws,ordinances,or governmental regulations.This Exclusion l(a)does not modify or limit the
coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16.
(b)Any governmental police power.This Exclusion l(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),
13(d),14 or 16.
2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects,liens,encumbrances,adverse claims,or other matters
(a)created,suffered,assumed,or agreed to by the Insured Clalmanti"
(b)not Known to the Company,not recorded In the Public Records at Date of Policy,but Known to the Insured Oalmant and not disclosed --
In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resultlngJn no loss or damage to the Insured Clalmanti
(d)attaching or created subsequent to Date of Policy (however,this does not modify or limit the coverage provided under Covered Risk 11,
16,17,18,19,20,21,22, 23, 24,27 or 28);or
(e)resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceabllity of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable dolng-
business laws of the state where the Land is situated.
5.Invalidity or unenforceablllty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and Is based upon usury or any consumer credit protection or truth-In-Iendlng law.This Exclusion does not modify or limit
the coverage provided In Covered Risk 26.
6.Any claim of Invalidity,unenforceabillty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in SChedule A Is no longer the owner of the estate or Interest covered by this policy.This
Exclusion does not modify or limit the coverage proVided In Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date
of Policy.This Exclusion does not modify or limit the coverage prOVided In Covered Risk l1(b)or 25.
8.The failure of the residential structure,or any portion of It,to have been constructed before,on or after Date of Policy In accordance with
applicable building codes.This Exclusion does not modify or limit the coverage prOVided In Covered Risk 5 or 6.
9.Any claim,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws,that the transaction creating
the lien of the Insured Mortgage,Is
(a)a fraudulent conveyance or fraudulent transfer,or
(b)a preferential transfer for any reason not stated In Covered Risk 27(b)of this policy.
First American 7itle
B-66
¥IPirstAmerican ntJe
Privacy Information
We Are Committed to safeguarding Customer Information
In order to better serve your needs now and In the future,we may ask you to provide us with cerllIln Information.We understand that you may be concerned about what we Will do with such
Informatlon •particularly any persooal or financial Information.We agree that you have a right to know how we will utilize the personal Infonnatlon you provide to us.Therefore,lllgether with our
subsidiaries we have adopted this Privacy PolIcy to govern the use and handling of your personal Information.
Applicability
This Privacy Policy governs our use of the Intormatlon that you provide to us.It does not govern the manner In which we may use Information we have obtained from any other source,such as
Infonnatlon obtained from a public rerord or from another person or entity.FIrst American has also adopted broader guidelines that govern our use of personal Information regardless of Its source.
FIrst AmerIcan caDs these guidelines Its Fair Information Values.
Types of Information
Depending upon which of our servIc:es you are Utilizing,the types of nonpubllc personal Information that we may collect Indude:
•Information we receive from you on applications,forms and In other communications to us,whether In writing,In person,by telephone or any other means;
•Information about your transactions with us,our affiliated companies,or others;and
•Infom1atlon we receive from a consumer reporting agency.
Use of Information
We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we Will not release your Information to nonaffiliated parties
except:(1)as necessary for us to provide the product or service you have requested of us;or (2)as permitted by law.We may,however,store such Information Indefinitely,Including the period
after which any Qlstomer relationship has ceased.Such information may be used for any Internal purpose,such as quality control efforts or Qlstomer analysis.We may also provide all of the types of
nonpubllc personal Information listed above to one or more of our affiliated companies.Such afflliated companies Indude f1nandal service providers,such as title Insurers,property and casualty
Insurers,and trust and lnVl!stment adVisory companies,or companies Involved In real estate serVices,such as appraisal companies,horne warranty companies and esaow companies.Furthermore,
we may also provide a11·the Information we collect,as described above,to companies that perform markellng serVices on our behalf,on behalf of our affiliated companies or to other flnandal
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even If you are no longer our customer,our PrIvacy Policy will continue to apply to you.
Confidentiality and security
We Will use our best efforts to ensure that no unauthorized parties have access to any of your Infonnatlon.We restrlct access to nonpubllc personal Information about you to those IndMduals and
entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your Information Will be
handled responsibly and In accordance with this Privacy Policy and FIrst American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with
federal regulations to guard your nonpubUc persooallnformatlon.
Information Obtained Through Our Web Site .
FIrst AmerIcan Flnandal CorporatIon Is sensitive to privacy Issues on the Internet.We belIeVe It Is Important you know how we treat the information about you we receive on the Internet.
In general,you can visit First American or Its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the
domain names,not the e-mail addresses,of Visitors.This information Is aggregated to measure the number of VisIts,average time spent on the site,pages viewed and similar Information.FIrst
American uses this Infonnatlon to measure the use of our site and to develop Ideas to Improve the content of our site.
There are times,however,when we may need Information from you,such as your name and email address.When Information Is needed,we will use our best efforts to let you know at the time of
collection how we Will use the personal information.Usually,the personal Information we collect Is used only by us to respond to your Inquiry,process an order or allow you to access specifIC
account/profile information.If you choose to share any personal Information with us,we Will only use It In accordance with the policies outUned above.
Buslnes.Relationships
FIrst American Flnanclal CorporatIon's site and Its affiliates'sites may contain links to other Web sites.While we try to link only to Sites that share our high standards and respect for prIvacy,we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of FIrst AmerIcan's Web sites may make use of "cookie"technology to measure site actIVlly and to customize Information to your personal tastes.A cookie Is an element of data that a Web site
can send to your browser,which may then store the cookie on your hard drive.
F1rstAm CQlD uses stored cookies.The goal of this technology Is to better serve you when vlslllng our site,save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about theJr privacy In all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates slgnlflcant value for sodety,enhances consumer choice and creates consumer opportunity.We actively support an open public record
and emphaslze Its Importance and contribution to our economy.
Use We believe we should behave responsibly when we use Information about a consumer In our business.We Will obey the laws governing the collection,use and dissemination of data.
Accuracy We will take reasonable steps to help assure the ataJracy of the data we collect,use and dlssemlnate.Where possible,we will take reasonable steps to correct InacaJrate Information.
When,as with the public rerord,we cannot correct InataJratlllnformatlon,we will take all reasonable steps to assist consumers In identifying the source of the erroneous data so that the consumer
can seaJre the required correctlons,
Education We endeavor to educate the users of our products and services,our employees and others In our Industry about the Importance of consumer privacy.We Will Instruct our employees on
our fair Information values and on the responsible collection and use of data.We will encourage others In QUr Industry to collect and use Information In a responsible manner.
security We Will maintain appropriate fadlitles and systems to protect against unauthorized access to and corruption of the data we maintain.
Form So-PRNACY (8/1/09)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
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