Loading...
HomeMy WebLinkAboutALUC_NOVEMBER_2001a AIRPORT LAND USECOMMISSION CORRESPONDENCE — October 9 — November 12, 2001 0 Date Received /Sent Incoming To Outgoing To From Subject 10/11/01 ALUC; Ken Duvall, Jeffries Lydon Century 21 Disclosure Document 10/19/01 ALUC Dept. of Transportation Notification of reference documents available upon request 10/25/01 M. A. Meleka California Transportation Commission Re: "White paper," titled The State's Role in Aviation 10/25/01 ALUC Robert Grierson Alternate Appointment / Allen Sherwood 10/26/01 Allen Sherwood 'M. A. Meleka, ALUC Letter & "Assuming Office" form 700 forms t 5 0 ffries Lydon 00 Cohasset Road`' Chico -California 95973 Directs 530-894-4539 Fax 530-891-3641 E -Mail kenduvall@msn.com Web Site www.kenduvall.com • Octo6er I at, 2001 1!7n) E C E q_ U E uTTE i. �yYPLAN 0 Airport Land use Commission, Oroville, Norm Rosene, Chairman A. Ken DuVall Broker Associate $100 Million in Sales Serving Chico since 1977 REALTOR of the Year 1995 Chico Association of REALTORS President 2001 o �C 'Cr iAVr r Regarding your letter of September 24th, 1 hasten to assure you that the p ci of REALTORS® and myself are 100% 6ehind your efforts to Protect our airport from DAI cti will bring all of the correspondence to date to the attention of my board of Directors at our meeting. wholeheartedly agree that once on 6oard, many buyers would like to pull up the ladder to protest and eliminate that which they agreed to in the first place, even in the face of receiving a clearly spelled out title insurance aviation easement (in any affected areas) upon closing escrow. I have enclosed copies of seven various Disclosure documents, all of which are required to accompany a Purchase Agreement, either 69 California Statute or local custom. Three explicitly mention airports. The mold issue is 6e added to the Seller's Transfer Disclosure Statement FDS in Decem6er. The Los Angeles Disclosure form illustratesjust how incredi6le the realm of Disclosure has 6ecome. appreciate you correcting the impression I got from Nancy Wolfe when she first brought the issue to my attention in July regarding City Council involvement. The reason I shared your proposal with Tim Ferris was to get his legal opinion as to any omissions of the REALTOK50 standard of care. As you have now seen, REALTORS® are already in complete compliance with all statutory regulations. You may also wish to give some consideration to the numerous unassisted transactions (no Real Estate agent involved) that currently take place in Chico, which may be as high as 90% of all residential sales. Even though a Seller is required 6,9 law to provide a TD5, local escrow holders advise that virtually all of those Sellers fail to provide an_�, disclosure data whatsoever. flow do you control that? Each Office Is Independently Owned And Operated a In the cases you mention of airport closures in other areas of the (A.5.1 those states may not embody the most stringent disclosure requirements in the country that are called for in California. In addition, when buyers ask for more information about a neighborhood regarding, for instance but not . limited to, toxic materials, group or care homes, a56estos, Megan's Law, etc., we are required to refer them to the appropriate information agency for further data. REALTOR5® are not required to 6e, nor do we claim to 6e, experts in any field but }Zealstate. While we are not qualified to offer advice a6out the Chico Municipal Airport, we would certainly cooperate in referring the parties to the ALUC as the appropriate agency, and qualified expert, that can provide all parties to the transaction with any Pertinent data needed. by the way, it seems difficult to clearly identify an affected residence in the higher density areas shown on your 2000 " Compatibility Map, which could lead to problems. With all the currently mandated Disclosure documentation already in place for us, the Chico Association of REALTORS® would not welcome yet another.point of sale re9uirement. however, we certainly would like to have the final draft ofyour Disclosure package for distri6ution to our entire membership. Norm, with our common interests in mind, my key people and I have discussed this situation at length. The Association will always 6e pleased to work with the ALUC, 6ut the consensus on'this issue is that at a certain point, enough is enough. I think you're doing an excellent, worthyjo6 for the Community. I congratulate you. Looking forward, �C� r—ncl:•TD5, 5upplemental TD5, buyer Inspection Advisory, Chico Association of Rr—ALTOK5® Addendum A, C21 buyer Inspection Checklist, C21 Mold Disclosure, City of L.A. Potential Disturbance Disclosure V + C: Tim Ferris; Sue Heimann; Nancy Wolfe • • Kell 011Va1ll $100 Million in Sales! REAL ESTATE TRANSFER DISCLOSURE STATEMENT (Statutory Form) THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF Chico Abi&IJNTY OF Butte STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF (DATE) . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase-money liens on resi- dential property). Substituted Disclosures: The following disclosures have or will be made in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: ❑ Inspection reports completed pursuant to the contract of sale or receipt for deposit. ❑ Additional inspection reports or disclosures: It. SELLER'S INFORMATION The Seller discloses the following information with: the knowledge that even though. this is not a warranty, prospective Buyers may rely on this information in deciding whether and on, what termsto purchase the subject property.. Seller hereby authorizes any agent(s) repre- senting any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ❑ is, ❑ is not occupying the property.. A. The subject property has the items checked below (read across): ❑ Range ❑ Oven ❑ Microwave ❑ Dishwasher ❑ Trash Compactor ❑ Garbage Disposal ❑ Washer/Dryer Hookups ❑ Rain Gutters ❑ Burglar Alarms ❑ Smoke Detector(s) ❑ Fire Alarm ❑ T.V. Antenna ❑ Satellite Dish ❑ Intercom ❑ Central Heating ❑ Central' Air Conditioning ❑ Evaporator Cooler(s) ❑ Wall/Window, Air Conditioning ❑ Sprinklers ❑ Public Sewer System ❑ Septic Tank ❑ Sump Pump ❑ Water Softener ❑ Patio/Decking ❑ Built-in Barbeque ❑ Gazebo ❑ Sauna ❑ Hot Tub ❑ Locking Safety Cover* ❑ Pool ❑ Child Resistant Barrier' ❑ Spa ❑ Locking Safety Cover' ❑ Security Gate(s) ❑ Autom. Garage ❑ Number Remote This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Arti- cle 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section. 1.9211. of. the Health and' Safety Code.. Window security bars may not have quick -release mechanisms in compliance with the 1995 Edition, of the California Building Standards Code. Buyer acknowledges receipt of a copy of this page. 1_1 1_1 Date CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any Ogans including scanning or computerized formats. Pd PROFESSIONAL e 1 of 3 pages PUBLISHING FORM 110.21 CAL (08-2000) COPYRIGHT01994-2000. SY PROFESSIONAL PUBLISHING 366 BELMARIN KEYS BLvD.. surrE loo. Nomm CA 94949 (415)894.2164 Th $ tam po1lced by r-ormadar t oolftm$ Sdwn re sm'M61027 Door Opener(s)' Controls Garage: ❑ Attached ❑ Not Attached ❑ Carport Pool/Spa Heater: ❑ Gas ❑ Solar ❑ Electric Water Heater: ❑ Gas ❑ Solar ❑ Electric ❑ Water Heater Anchored, Braced or Strapped' Water Supply: ❑ City ❑ Well ❑ Private Utility, or Other Gas Supply: ❑ Utility ❑ Bottled ❑ Window Screens ❑ Window Security Bars ❑ Quick Release Mechanism on Bedroom Windows' Exhaust Fan(s) in 220 Volt Wiring in Fireplace(s) in Gas Starter Roof(s): Type: Age: (approx.) Other: Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? LJ Yes LJ No. If yes, then describe. (Attach additional sheets if necessary.): This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Arti- cle 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section. 1.9211. of. the Health and' Safety Code.. Window security bars may not have quick -release mechanisms in compliance with the 1995 Edition, of the California Building Standards Code. Buyer acknowledges receipt of a copy of this page. 1_1 1_1 Date CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any Ogans including scanning or computerized formats. Pd PROFESSIONAL e 1 of 3 pages PUBLISHING FORM 110.21 CAL (08-2000) COPYRIGHT01994-2000. SY PROFESSIONAL PUBLISHING 366 BELMARIN KEYS BLvD.. surrE loo. Nomm CA 94949 (415)894.2164 Th $ tam po1lced by r-ormadar t oolftm$ Sdwn re sm'M61027 Property Address: B. Are you (Seller) aware of any significant defectshnalfunctions in any of the following? ❑ Yes ❑ No. If yes, check appropriate box(es) below. ❑ Interior Walls ❑Ceilings ❑Floors ❑Exterior Walls ❑Insulation ❑Roof(s) ❑Windows ❑Doors ❑Foundation ❑ Slab(s) ❑ Driveways []Sidewalks ❑ Walls/Fences ❑ Electrical Systems ❑Plumbing/Sewers/Septics ❑ other Structural Components (Describe: If any of the above is checked, explain. (Attach additional sheets if necessary): .-on; dl.- Are -you (Seller): aware. -of any of, the. following�o 1. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property............................................................................. ❑ Yes ❑ No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ............ 3. Any encroachments, easements or similar matters that may affect your interest in the subject property ........ 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits ....... 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes ... 6. Fill (compacted or otherwise) on the property or any portion thereof .......................................... 7. Any settling from any cause, or slippage, sliding, or other soil problems ..................................... 8. Flooding, drainage or grading problems.................................................................. 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ............. 10. Any zoning violations, nonconforming uses, violations of "setback" requirements ... . ......................... . 11. Neighborhood noise problems or other nuisances.......................................................... 12. CC&R's or other deed restrictions or obligations.......................................................... 13. Homeowners' Association which has any authority over. the subject property ................................. 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others).......................................................................... 15. Any notices of abatement or citations against the property ................................................. 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or "common areas" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others) .......................... 17. Any Mello -Roos special tax levy lien on subject property. (If yes, disclosure notice should be obtained fromlevying agency.)................................................................................... 18. Any former federal or state ordinance locations within one mile of the subject property ............................ 19. Whether subject property is affected by or zoned to.allowcertain manufacturing or commerical'or or use as set forth in CCP 731a ................. If the answer to any of these is yes, explain. (Attach additional sheets if necessary.): ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Buyer acknowledges receipt of a copy of this page. [_J [_J Date Date CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any 9Oeans including scanning or computerized formats. Pd PROFESSIONAL ge 2 of 3 pages ❑ PUBLISHING { RM 110.22 CAL (08-2000) copyMHr4a1994.2000. BY PROFESSIONAL PUBLISHING. 365 BEL MARIN KEYS BLVD.. SURE 100, NDVAM CA 94949 (415) 884-7164 Tti wn pmdced by FozsardmWe 'Fo ma soft= v3 soasse iw Property Address: .111. AGENT'S INSPECTION DISCLOSURE (Listing Agent) (To be completed only if the Seller is represented by an agent in this transaction.) ' t THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED f ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CON - UNCTION WITH THAT INQUIRY, STATES THE FOLLOWING: i Agent notes no items for disclosure. I NAgent notes the following items: I i Agent (Broker Representing Seller) Century 21 Jeffries Lydon By Date (Please Print) (Associate Licensee or Broker Signature) IV. AGENT'S INSPECTION DISCLOSURE (Selling Agent) (To be completed only if the agent who has obtained the offer is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: Agent notes no items for disclosure. E]Agent notes the following items: i Agent (Broker obtaining the Offer) By Date (Please Print) (Associate Licensee or Broker Signature) V. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY AD- VICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buyer Date ' r Seller Date Buyer Date . I . v Agent (Broker Representing Seller) Century 21 Jeffries Lydon By Date (Please Print) (Associate Licensee or Broker Signature) Agent (Broker Obtaining the Offer) By Date (Please Print) (Associate Licensee or Broker Signature) SECTION 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH THE RIGHT TO RESCIND A PURCHASE CONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY OF THIS DIISCLOSURE IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. ) IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. ' CAUTION: The copyright laws of the United; States forbid the unauthorized reproduction of this form by any by means including scanning or computerized formats. Data e �3 of 3 pages P PROFESSIONAL } RM 110.23 CA L (08-2000) COPYRIGHT®1994-2000. BY PROFESSIONAL PUBLISHING. 365 BEL MARIN KEYS ITE aLV0.. SU100. NOVA7Q CA 94949 (415)8PUELISNINC84-2164 e naa trim pro�cec try FOrfnWetao/'fams sonrare �i soosss•�on i • i ` Printed On: Monday. October 01.'2001 12:09:23 ' 1 i spy P,� s� r4n $100 Million in Sales! SUPPLEMENT TO THE REAL ESTATE TRANSFER DISCLOSURE STATEMENT PROPERTY ADDRESS: � LER'S NAME: form supplements the requirements of Civil Code § 1102 and is designed to give the Buyer additional information regarding the property. The following representations are made by the Seller(s) and are NOT representations of the Agent(s), if any. This information is a disclosure and is not intended to be part of any contract between the Buyer and Seller. 1. IN REFERENCE TO THE REAL ESTATE TRANSFER DISCLOSURE STATEMENT (STATUTORY FORM). SECTION II -A: NOTICE: Make sure that only those items which are included in the sale are checked under Sec- tion II -A of the REAL ESTATE TRANSFER DISCLOSURE STATEMENT. Are any of the items listed in Section II -A, or any additional items which If so, which ones: SECTION II -B: Are you aware of any repairs or replacements to any of the items listed in Section II -B of the REAL ESTATE TRANSFER DISCLOSURE STATEMENT? ❑ Yes ❑ No. If so, for each repair or replacement state (attach additional sheets, if necessary): What was replaced or repaired? When? Why? By whom? Permit? are not listed, leased? 2. TITLE AND ACCESS. 2.1 Property currently leased? ............................................ ❑ Yes ❑ No of the following: conditions exist? 2.2 Does anyone have a first right of refusal to buy, option, or lease? ............. ❑ Yes ❑ No ❑ Unknown 2.3 Has a Notice of Default been recorded against the property? ................ ❑ Yes ❑ No ❑ Unknown 2.4 Any bonds, assessments, or judgments which are liens upon the property? ..... ❑ Yes ❑ No ❑ Unknown 2.5 Can the bonds, if any, be paid off without an interest penalty charge? ........ ❑ Yes ❑ No ❑ Unknown 2.6 Any boundary disputes, or third party claims affecting the property (rights of 3.6 Underground fuel storage tank? ........................................ ❑ Yes ❑ No ❑ Unknown other people to interfere with the use of the property in any way)? ........... ❑ Yes ❑ No ❑ Unknown P- ENVIRONMENTAL. Do_.any of the following: conditions exist? �- -3..1. Any- excessive noises- from airplanes. trains,. trucks,. freeways, etc.? ........... ❑ Yes ❑ No ❑ Unknown 3.2 Any pet odors or contamination? ....................................... ❑ Yes ❑ No ❑ Unknown 3.3 Any other odors from animals, industry, or toxic waste? ..................... ❑ Yes ❑ No ❑ Unknown 3.4 Formaldehyde emitting materials, especially urea -formaldehyde foam insulation? ... ❑ Yes ❑ No ❑ Unknown 3.5 Asbestos insulation, fireproofing, or ceilings? .............................. ❑ Yes ❑ No ❑ Unknown 3.6 Underground fuel storage tank? ........................................ ❑ Yes ❑ No ❑ Unknown 3.7 Elevated radon levels on the property? .................................. ❑ Yes ❑ No ❑ Unknown 3.8 Elevated radon levels in the neighborhood? ............................... ❑ Yes ❑ No ❑ Unknown 3.9 Use of lead-based paint on any surfaces? .................................. ❑ Yes ❑ No ❑ Unknown 3.10 Contamination of well or other water supply? ............................. ❑ Yes ❑ No ❑ Unknown 3.11 Any past or present flooding or drainage problems on adjacent properties? ..... ❑ Yes ❑ No ❑ Unknown 3.12 Any standing water after rainfalls? ........................................ ❑ Yes ❑ No ❑ Unknown 3.13 Any sump pumps in basement or crawlspace? ............................ ❑ Yes ❑ No ❑ Unknown 3.14 Any active springs? .................................................. ❑ Yes ❑ No ❑ Unknown 3.15 Have you ever received Federal Flood' Disaster AidAssistance for this property? ... ❑ Yes ❑ No ❑ Unknown 3.16 Any earthquake weaknesses? .......................................... ❑ Yes ❑ No ❑ Unknown 3.17 Any sinkholes or voids on or near the property? .......................... ❑ Yes ❑ No ❑ Unknown 3.18 Any depressions, mounds, or soft spots? .................................. ❑ Yes ❑ No ❑ Unknown 3.19 Any pending real estate development in your area (such as condominiums, planned unit developments, subdivisions, or property for commercial, industrial, sport, educational, or religious use)? ............................ ❑ Yes ❑ No ❑ Unknown Buyer acknowledges receipt of a copy of this page. [ ] [ ] Date CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any 00eansincluding ge 1 of scanning or computerized formats. 3 pages PROFESSIONAL BELWRN BLVD.. SUITE 100, NOVAM CA 94949 (415)884-2164 Pd PUBLISHING RM 110.31 CAL (5-99) COP(RIGM ®1992-99 BY PROFESSIONAL PUBUSHNG, 365 KEYS n w fw. Fw=d byFormrdnW,eF= sdmn 4 some -ion oo.t. l r1n- K4 n 4_ rM^hn n1 9nni 17.14dn Property Address 3.20 Any federal or state areas once used for military training purposes within one mile of the property? ....................................... .................. 03,21 Are there traces of concrete, metal, or asphalt indicating prior commercial or industrial use? ................................................... 3.22 is the property in the ,proximity of former, current or proposed mines or gravelpits? ........................................................ 3.23 Is the property in the proximity of former or current waste disposal sites? ..... 3.24 Are there ravines or earth embankment that may indicate former dumping? ...... 3.25 Are there pipelines carrying oil, gas, or chemicals underneath or adjacent to the property? .................................................... 3.26 Are there pipeline rights-of-way or easements over or adjacent to the property? ... 3.27 Is there discoloring of soil or vegetation? ........................ .... . 4. STRUCTURAL DISCLOSURES. Do any of the following conditions exist? 4.1 Any problems with retaining walls (such as bulging or cracking)? ........... 4.2 Any structural wood members including mudsift, below soil level? ............. 4.3 Is crawlspace, if any, below soil level? ................................... 4.4 Any abandoned septic tank? ........................................... 4.5 Is there a vapor or moisture barrier (plastic covering) in the sub -area? ......... 4.6 Is structure insulated? ............................................... 4.7 Were all permits for alterations or repairs finalized? .......................... . 5. ROOF, GUTTERS, DOWNSPOUTS. ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes., ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown E]Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown 5.1 Has roof been resurfaced during the last 5 years? ......................... ❑ Yes ❑ No ❑ Unknown 5.2 Has roof ever leaked since you owned the property? ....................... ❑ Yes ❑ No ❑ Unknown 5.3 Are gutters and downspouts free of holes and excessive rust? ................ ❑ Yes ❑ No ❑ Unknown 5.4 Do downspouts empty into drainage system or onto splash blocks? ........... ❑ Yes ❑ No ❑ Unknown 6. PLUMBING SYSTEM. 186.1 ❑ Public water supply, ❑ Private well. If well' water, date of fast water safety check: 6.2 6.3 6.4 Test result: Well water pump: Water standing around lawn sprinkler heads? Plumbing leaks around and/or under: ❑ sinks, ❑ toilets, 7. HEATING, AIR CONDITIONING, OTHER EQUIPMENT. Date installed: ❑ showers, ❑ bathtubs, ❑ Other: 7.1 Is furnace room or enclosure adequately vented? .......................... ❑ Yes ❑ No ❑ Unknown 7.2 Are fuel consuming heating devices (including clothes dryer) adequately vented to outside, directly or through chimney .. ; ........................... ❑ Yes ❑ No ❑ Unknown 7.3 Is water heater equipped with required temperature pressure relief valve? ........ ❑ Yes ❑ No ❑ Unknown 8. COMMON INTEREST DEVELOPMENTS. [See Professional Publishing Form 110.3536 CAL, Condominium Disclosure Supplement.] 9. OWNERSHIP. 9.1 Are you a builder or developer? ....................................... ❑ Yes ❑ No 9.2 Are you a licensed real estate broker/agent? ............................. ❑ Yes ❑ No 9.3 Any persons on the title who are not U.S. citizens? ....................... ❑ Yes ❑ No Buyer acknowledges receipt of a copy of this page. [ ] [ ] Date CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats. 0e 2 or 3 pages PROFESSIONAL RM 110.32 CAL (5-99) pppyRIGHT®199235 By PROFESSIONAL PUBUSHIK 365 BELMARIN KEYS BLVD., SURE 100. NOVAT4 CA 94949 (415)884-2164 Pd PUBLISHING Tide form poUW by F0rM1dMWffeFams Sob me v9 MUS -1027 Printed On: Monday. October 01. 2001 12:16:40 Property Address 10. REPORTS. , Have you received or have you knowledge of any of the following inspection reports or repair estimates made during or In addition to the disclosures made above, the following matters may materially affect the value or desirability of the property: R Seller certifies that the above information 'is true and correct to the best of the Seller's 'knowledge as of the date signed by the Seller. i Seller Date Seller Buyer has received and read all three pages of this disclosure. Date Buyer Date Buyer , Date Note: Section.1102.3 of the Civil Code gives the Buyer a right to rescind a purchase contract for three (3) days after delivery of a disclosure if delivery occurs after the signing of an offer to purchase. CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats. Qge 3 of 3 pages PROFESSIONAL RM 110.33 CAL (5-99) COPYRIGHT01992-94 BY PROFESSIOMALPUBUSHING, 365 BELMMNKEYS BLVD., SUITE 100. NOVA14 CA 94948 (415)Ba4-2164 Pd: PUBLISNINC Tidebmpmdcadb!FarnuderaeFamesoft= V3 sw,*46-iw Printed On:. Monday. October 01. 2001 12:16:40 3' _41%CALIFORNIA ASSOCIATION OF REALTORS® Perty Address: BUYER'S INSPECTION ADVISORY ("Property") (The definitions in C.A.R. Form RPA -11 are applicable to this Form BIA-11.) A. IMPORTANCE OF PROPERTY INSPECTION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough inspections of the Property personally and with professionals who should provide written reports of their inspections. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigation, tests or inspections, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations, tests or inspections. B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or are within your diligent attention and observation. The purchase agreement gives you the right to inspect the Property. If you exercise these rights, and you should, you must do so in accordance with the terms of the Agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make Repairs, corrections or take other action based upon items discovered in your inspections or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, and you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the Agreement. If you do not timely and properly cancel the Agreement if you do not perform on the contract because of the condition of the Property, you may be in breach of contract. C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you all material facts known to him/her that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for inspections. BROKER OBLIGATIONS: Brokers do not have expertise and therefore cannot advise you on many items, such as soil stability, ogic conditions, hazardous substances, structural conditions of the foundation or other improvements, or the condition of the roof, nua+ing, air conditioning, plumbing, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional of your choosing. In sales involving residential dwellings with no more than four units, Brokers have a duty to make a diligent visual inspection of the accessible areas of the Property, and to disclose the results of that inspection. However, as some Property defects or conditions may not be discoverable from a visual inspection, it is possible Brokers are not aware of them. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. E. YOU ARE ADVISED TO CONDUCT INSPECTIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: 1. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, and other structural and non-structural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. (Structural engineers are best suited to determine possible design or construction defects, and whether improvements are structurally sound.) 2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements, and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY, and have not been and cannot be verified by Brokers. Fences, hedges, walls, retaining walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. (Professionals such as appraisers, architects, surveyors, or civil engineers are best suited to determine square footage, dimensions and boundaries of the Property.) 3. PEST CONTROL: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms and other infestation or infection. (A registered structural pest control company is best suited to perform these inspections.) The copyright laws of the United States (Title 17 U.S. Code) forbid the Buyer acknowledges receipt of a copy of this page. unauthorized reproduction of this form, or any portion thereof, by photocopy Buyer's Initials ( ) ( ) machine or any other means, including facsimile or computerized formats. Copyright © 1991-2000, CALIFORNIA ASSOCIATION OF REALTORS@, EQUAL HOUSING ALL RIGHTS RESERVED. OPPORTUNITY ISION DATE 10/2000 Reviewed by BIA-11 (PAGE 1 OF 2) Broker or Designee Date BUYER'S INSPECTION ADVISORY (BIA-11 PAGE 1 OF 2) CENTURY 21 JEFFRIES LYDON 3100 Cohasset Rd, CHICO CA 95973 Phone: (530) 899-5918 Fax: (530) 891-3641 Century 21 Jeffries Lydon T6890539.ZFX Property Address: Date: 4. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions, causes, and remedies.) 5. ROOF: Present condition, age, leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.) APOL/SPA: Cracks, leaks or operational problems. (Pool contractors are best suited to determine these conditions.) WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. 8. WATER AND UTILITES; WELL SYSTEMS AND COMPONENTS: Water and utility availability, use restrictions, and costs. Water quality, adequacy, condition, and performance of well systems and components. 9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products, or conditions. (Read the booklets "Environmental Hazards: A Guide for Homeowners and Buyers," "Protect Your Family From Lead in Your Home," or consult an appropriate professional.) 10. EARTHQUAKE AND FLOOD; HAZARD AND OTHER INSURANCE: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. These and other conditions including age of Property may affect the availability and need for certain types of insurance. Since the time it may take to obtain certain types of insurance may vary, Buyer should not wait to explore these options. (An Insurance agent, Geologist, or Geotechnical Engineer is best suited to provide information on these conditions.) 11. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. (Such information is available through appropriate governmental agencies and private information providers. Brokers are not qualified to review, or interpret any such information.) 12. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that may limit the rent, the maximum number of occupants, and the right to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. (Local government agencies can provide information about these restrictions and other requirements.) 13. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. Compliance requirements differ from city to city and county to county. Unless specifically agreed, the Property will not be in compliance with these requirements. (Local government agencies can provide information about these restrictions and other requirements.) l.14. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and the cost of any speed wired, wireless internet connections or other elecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, xisting and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise. noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species; wetland properties, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer acknowledges and agrees that Brokers: (a) do not guarantee the condition of the Property; (b) shall not be responsible for defects that are not known to Broker(s) or are not visually observable in reasonably and normally accessible areas of the Property; (c) have not verified square footage, representations made by others, or other information contained in inspection reports, Mulitiple Listing Service, advertisements, flyers, or other promotional material, unless otherwise agreed in writing; (d) do not guarantee the performance of others who have provided services or products to Buyer or Seller; (e) do not guarantee the adequacy or completeness of Repairs made by Seller or others; (f) cannot identify Property boundary lines; and (g) do not decide what price a buyer should pay or a seller should accept. Buyer agrees to seek desired assistance from appropriate professionals. By signing below, Buyer acknowledges receipt of a Copy of this document. Buyer is encouraged to read it carefully. Buyer Signature Date Buyer Signature Date THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@ (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR@. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. Reviewed by a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS@ ` 525 South Virgil Avenue, Los Angeles, California 90020 Broker or Designee Date EOUAT ROUSING REVISION DATE 10/2000 OPPORTUNITY BIA-11.(PAGE 2 OF 2) BUYER'S INSPECTION ADVISORY (BIA-11 PAGE 2 OF 2) T6890539.%I'X -70 k� N.moi CHICO ASSOCIATION OF REALTORS© a '-- ADDENDUM -Ar . . The following terms and conditions are hereby incorporated in and made a part of the kcal Estate Purchase Conu'acl and Receipt for Deposit dated Z' a. PROPERTY ADDRESS 1. CITY/COUNTY: If this contract states the property as being located in the CITY OF CHICO, the Buyer is aware that this • is a general term for the Chico area in regard to postal service' and that the property may, in' fact. he located in an area governed by the County. 2. SEWER/SEPTIC: If the subject property is not already on the sewer system at some future point they may have to pay to be hooked up to the SEWER SYSTEM. The State of California may require large areas of Chico to connect to the city sewer system. 3. CITY OF CHICO RETROFIT ORDINANCE. This agreement and the sale, exchange or other vansfer of residential housing provided for by this agreement may be subject to the provisions of Title 16 of the Chico Municipal Code which prohibits the sale, exchange or other transfer of residential housing located within the incorporated territory of the City of Chico unless and until the City Building Official has certified that such housing is in compliance with the energy conservation standards adopted in Title 16 of the Chico Municipal Code. Seller and buyer should familiarize themselves with the provisions of Title 16 of the Chico Municipal Code addressing such requirements. 4. RESALE HOME: In the event this is a resale home, condition and components of the property are not expected to be new or working like new. 5. ROOF INSPECTION. Brokers are not roofing contractors and are not qualified to make statements 01' recommendations regarding the condition or life -expectancy of the roof. A roof inspection should be part of the physical inspection specified in the Contract, to be performed within the time specified therein. 6. SELECT YOUR OWN INSPECTORS AND SERVICES. While a Broker may refer Buyer and/or Seller to inspectors, termite companies, lenders, title companies, insurance companies and escrow companies, such referrals do not constitute a recommendation or endorsement of any such person or company by the Broker(s). Buycr and/or Seller should. investigate several persons or companies and make selections based on the information obtained. 7. VERIFY SQUARE FOOTAGE AND ROOM SIZES. Square footage and room measurements provided to Buyer are approximations only. If the exact square footage or room size is material in either the decision to purchase or in the amount of the purchase price, the parties should have the square footage and/or rooms measured and make the Agreement contingent upon the results. 8. BOUNDARIES MAY NEED TO BE SURVEYED. While title reports define the Property, they do not pinpoint the boundaries on the site. If the exact boundary lines of the Property at material in either the decision to purchase or 1 the amount of the purchase price, the parties should have the exact boundaries determined by a professional surveyor and make the Agreement contingent upon the results. 9. INVESTIGATE SCHOOLS. If the quality or suitability of school facilities is material in making a decision to purchase or as to the amount of the purchase price, the Brokers recommend that the Buyer obtain information directly from the —- school district(s) involved and from other sources selected by Buyer. 10. INVESTIGATE NEIGHBORFIOOD_PROBLEMS. Neighbors are a source of information about neighborhood noise, ---- - — -- la • odors, gangs, wsuits, unnatural deaths, building and road construction in progress or planned. and aim other, neighborhood concerns./ 1 11. DEVELOPMENT OR MODIFICATIONS: Determining the costs and requirements for development or modifications of this property is the responsibility of the Buyer. Buyer should consult with his or her contractor and various City/County Departments including, but not limited to: Health, Engineer, Planning, Building and Fire Departments. Walcr'and Telephone Companies and Pacific Gas and Electric Company. It is suggested that development commence as soon as possible, to avoid changes in requirements. This investigation should include continuation of current use permits. 12. ESCROW COSTS AND DEPOSITS. If the Contract and/or the escrow is canceled, fees and costs may be oxved•to escrow, title, inspection.and other companies which provide services in connection with this transaction. If escrow does not close, funds deposited in escrow or other trust accounts will not be automatically released. Generally, escrow will not release funds without the written agreement to Buyer and Seller or a court order. The Liquidated Damage clause, if applicable, does not automatically allow for the release of the deposit(s). In the event of Cancellation, the costs mentioned above'may have to be paid out of such funds. 13. PROPOSED TRANSPORTATION CONSTRUCTION. The Property may be located in an arca whcre public authorities are contemplating construction or extension of an arterial street or a freeway or other transportation project. Plans for exact locations and extent of such projects frequently change. 14. CONDOMINIUM/P.U.D. DOCUMENTS. If Seller is to provide Buyer with various docunlcnts specified in the provision entitled "Condominium /P.U.D." in the Contract, then Seller shall also provide Buyer with the minutes of the meetings of the homeowners association for the previous six months, and a copy of all rules and regulations of the Association. 15. IF DOCUMENTS CONFLICT. In the event ol'a conflict between the escrow instructions and the Agreement (including all counter offers and addenda) the terms of the Agreement shall prevail unless written escrow instructions executed by both Buyer and Seller specily Thal the instruction(s) shrill prevail. If the Coniract or any addendum conflicts with this Addendum (and the Auachnlent hereto if any) this Addendum shall prevail, except that any provision in the Agreement which is manually typed or handwritten, shall prevail over any printed provision in the Agreement. 16. FLOOD AREAS. Buyer should not rely solely on FEMA maps for flood information, such maps are subject to revision 17. TITLE INSURANCE: There are various types of title insurance policies at different costs, with or without endorsements. Different policies provide different coverage. BUYER should discuss the choice of title insurance policies with the title company. 18. ACKNOWLEDGE OF FRANCHISE RELATIONSHIPS: The undersigned hereby acknowledges and understands that C 11 1�Z —'/ and are independently owned and operated franchises or brokerage firms and as such, are solely responsible for their business practices and the acts, error and omissions of their agents and employees. • SELLER Date BUYER \ Date ,er SELLER Date BUYER Date essoc doenslsddendum Imised N11098) c .• r A Additional -Disclosure Regarding Mold In recent months there has been a great deal of publicity regarding the issue of toxic and non- toxic mold in homes, apartments, offices and.c6mmercial buildings. Current information indicates that certain types of mold cause severe allergic reactions and other health problems for some people. Not all molds are visible and locatable by a visual inspection of the property. Therefore•a visual inspection of a home required by the Transfer Disclosure Statement and even a professional whole house inspection may not reveal the presence of mold. It is also possible that a home could have hidden mold that the seller is not aware of. The only way to provide a reasonable assurance that a home does not have a mold problem is to have a specific test performed for mold. This test will normally consist of an interior and exterior test for airborne spores and a carpet test. Any visible mold should be tested directly. Century 21 Jeffries Lydon, its Broker and Agents advise that every buyer obtain a specific mold test performed as either as a separate test or an `add-on to their whole -house inspection. All inspections including mold should be completed within the time frames set forth in the purchase agreement. Any waiver or failure on'the part of a Buyer to complete and obtain all appropriate tests, including testing for mold, is. against the advice of Century 21 Jeffries Lydon and its Broker and Agents. .Buyer acknowledges receipt of this "Additional Disclosure Regarding Mold" i 'Buyer Date: Buyer Date: Buyer Date: Rev 6/5/01 LL Buyer- Inspection: Checklist; I ACKNOWLEDGE THAT A VARIETY OF PROPERTY INSPECTIONS CAN BE • *REQUESTED AS PART .OF MY CONTRACT TO PURCHASE THE PROPERTY LOCATED AT THE FOLLOWING INSPECTIONS HAVE BEEN DISCUSSED WITH ME:, Structural Pest Control 2. Roof 3. Whole House 4. Electrical 5. Plumbing u. 6. Septic and leach field -7. Chimney 8. Engineering 9. Heating and cooling systems 10. Building, code compliance 11. Well and water, quality A) Nitrates, bacteria, mineral; counts and any other area specific problems B) Water pressure C) Pump and tank systems 12. Property boundaries and/or corner markers 13. Flood zone 14. Hazardous Material 15. Asbestos 16. Lead -base paint 17. Arborist or "Tree specialist" 18. Pet Contamination Inspection 19. Mold Inspection • �tiS R. C9 Co. Ltd. or East RLALTORS, At ESGTE AGEPM Property Address .>t5 ADDENDUM TO REAL ESTATE' - TRANSFER DISCLOSURE STATEMENT (POTENTIACDISTURBANCE DISCLOSURE Ile Uale There appears to be a misunderstanding by the public as to the purposes of the Seller's Disclosure Statement and the Disclosure law. Therefore we to all parties to sign the Potential Disturbance Disclosure to start them to some of the potential Imperfections that are possible. , The Sellers Disclosure Statement Is a report to the Buyer by the Seller of the known conditions of the property. The agents signature does not verity the Seller's Information but merely acknowledges receipt of a copy. The agent than does a visual Inspection of the open and visible areas of the Property and then they loo report to the Buyers their findings. The agent does not purport to be an expert In construction not are agents requlred to be such experts by Iew.The agent does not make any stalemenl or recommendations beyond whel Is specifically noted In the Dfedoeure Statement. There Is no warrantee that there may not be other patent defects In the Property that a visual Inspection will not reveal. The Seller's Disclosure Statement should not In any way relieve the Buyer's of their responsibility to make their own Inspeclfonis) of file Roperty and to make a conscious decision whether the (laws or Imperfections of this Properly are oras which IMy are willing to lobrale. NI . Properties over time need repairs and maintenance, and marry times the work has been deferred and a Buyer of a previously owned lame should expect and accept some haws. We wish you to not only enjoy and find home ownership rewarding but to be aware that II will be up to you to repair and maintain the Property once you are the owner, even It the cause or condition was created or Incurred during a prior ownership. Buyer(s) acknowledges that he/she Is buying a home In a majorurban area which Is subject to the ambient noises and other disturbances of a city.These(nolses will Include but are'not Ilmlled to motor vehicle engines of ill typos from surface streets and Ireeways,-as well as over Rights by civilian and military aircraft on constantly changing flight patterns. Including all areas of Iho city down to 2000 feet and police helicopter. down to all levels:Those homes In the vicinity of alrports Will Have flight pallerns res low as 200 feel.Thore ere also railroads, which Include a main lino of the Southern Pacific Railroad and numerous spur linos which under cenaln climallc conditions can transmit both sound and vibrations. Individual nelghbortloods'will be subject to local conditions Including but not limited to the noises, odors and/orpollutanls of 'motorcycles, trucks;"lawnmowers, air blowers• weed eaters, bug zappers, musical instruments, stereo equipment. TV, barking dogs, meowing cats, school playgrounds• manufacturing plants and argumentative neighbors. There are no guarantees that the presenvor future neighbors will maintain their property as well as you may wish them to. Buyer(s) understand that the city of Los Angeles slows the installation of "ham radio" transmitting stations which can Impact TV and radio reception. Although most areas are completely urban, the'clly does contain many rosidenllal agrlcultural distilcls In which the kooping-ol ,various forms of Ilve-stock Is permitted which may create both the potential for typical barn yard sounds and smells as well as other nuisances.The noises such as roosters crowing, chickens clucking, donkeys braying• horses nolghing, sheep basing, cows mooing, ducks quacking, goose honking, goals bloating must be expected, not to mention the Iles:/ L.r The peripheral and hillside areas are often Mmes subject to loraging.—forage—sof -coyotes and the occasional appearance o� diamondbackrettlesnaket:Insearch olground squl4els, gophers, rats,'and mice which are all endemic to these less citified areas.. These same animals can !n their burrowing cause hillsides to be•unstablo and subject to surface land slippage! Hillsides aro also subject lo'slippage from unusually heavy rains, vegetational changes, construction (private or public) or earthquakes. In addition to all the domestic animals and the above mentioned wild animals this region also has endemic to It many predatory/ birds such as but not limited to owls, members of the hawk family, ravens• and crows any of which from time to time can be potential nuisances. Many of the homes In this region can be subject to Invasion by Ilia members of various Insect families which may Include but are not limited to very large beetles, bees, cockroaches, noisy crickets and several varieties of very.lhirsty onts.7`' The city of Los Angeles and the entire Southern California area is subject.lo many,pollulanls and.loxics In the air, larKJ and sea. Crime and gang activity Is present in this city as'everywhere that man has been known to live In groups and we cannot assure you'lhal there will not be nor has there_ never been a crime-comrnilled in this area.'Persons'planning'lo_mside3 anywhere In this region must apprise themselves of all the Information of their personal areas of concern. Research may be, done by prospective buyers roughpo ice en s, Bove men a agenc s a o and ederel end througlT re` pective Councilpeople, County Supervisors, Slate Assemblypeople, Stale Senators, Perioral Senators and Congresspeoplo. �BUYER(S) ACKNOWLEDGE THAT BROKER(S) CAN NOT BE AND IS (ARE) NOT RESPONSIBLE FOR THE ACTION OF,j GOVERNMENTAL AGENCIES,THE ODDITIES OF NATURE OR ANIMALS.THE ACTS OF GOD NOR THE IMPACTON INDI.7 VIDUAL NEIGHBORHOODS. OF FUTURE CITY. GROWTH./ White we have attempted herein to dellneale polen_Ijal attendant nuisances that might affect lifo In this region no represo� ntattions ~ should be construed that there may not be other unique circumstances or a phenomena that might Influence one's Individual7 lifestyle. F— Attached, — – Attached, If applicable are specific disclosures regarding, Lite Rall/Molro Rall, Ventura Freeway Construction, Special Studies Zone, and/or Flood Hazard zone disclosure supplements. LISTING BROKER SELLING BROKER BROKER BROKER - ICO. NAME) (CO.NAME) by by AGENT AGENT SELLER BUYER SELLER BUYER DATE DATE EACH PARTY ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD EACH AND EVERY PROVISION IN THIS CONTRACT. OFFICE USE ONLY F Bram a pwPr.: i....:,, Buyer'stNltals r r SNler's Initials r on. 2.92 WHITE-SROKER'S COPY !`eNewv.wrrvcw•c raw acv acr r ce a �...... ...., .. �.,...,� .... _�_____..._ ___. STATE OF CALIFORMIA BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS. Governor DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS - M.S.#40 �+ �n 1120 N STREET EZ D L2 �YJ P. O. BOX 942873 JWRAMENTO, CA 94273-0001 NE (916) 654-4959 OCT 1 9 2001 FAX (916) 653-9531 BUTTE COUNTY PLANNING DIVISION October 15, 2001 , : p _ :7*6v'. To: REGIONAL TRANSPORTATION PLANNING, AGENCIES - AIRPORT LAND USE COMMISSION" CITY AND COUNTY PLANNING DIRECTORS At a recent gathering of Regional Transportation Planning Agency representatives involved with airport activities, we were asked to provide some guidance relative to our concerns with citing cellular telephone towers and electrical generating plants near airports. This letter provides that. guidance (not hard and fast rules) to assist in your evaluations of near -airport siting proposals for those two subjects, as well as any type of vertical- development erticaldevelopment projects (including high roof and multi -story buildings), sports complexes, and outdoor amphitheaters. We ,realize that_ there` are more responsible agencies than you. I ask that you share this letter with other local city and county land use planning agencies in your area. In addition to this guidance, here are several reference documents you should have in your "land use compatibility" library. If you need a copy of any of them, let us know. 1. Federal Aviation Regulation (FAR), Part 77, Objects Affecting Navigable Airspace 2. Federal Aviation Administration Advisory Circular 70/7460-2K, Proposed ' Construction or Alteration That May Affect Navigable Airspace 3. Federal Aviation Administration Form. 7460-1,. Notice of. Proposed Construction or. Alteration 4. Federal Aviation Administration Advisory Circular 70/7460-1K, Obstruction Lighting and Marking 5. California Public Utilities Code, Sections 21001 et sea., State Aeronautics Act 6. California Code of Regulations, Title 21 Sections 3525 through 3560, Airports and Heliports (implements the State Aeronautics Act) 7. Division of Aeronautics Airport Land Use Planning Handbook (ed. 1993) FAR Part 77 can be considered a screening reference in that it is used to • determine if some vertical development near an airport needs further RM Transportation and Land Use Planner October 15, 2001 Page 2 evaluation by you and/or' the Federal Aviation .Administration (FAA) to determine if an identified "obstruction" is a "hazard" needing lighting, marking, removal, or disapproval. Advisory Circular 70/7460-2K further defines what "obstruction" needs further evaluation via the Form 7460-1. The Form 7460-1 states the screening criteria of FAR Part .77 and the requirement to submit the Form. The FAA looks at the hazard potential of an "obstruction" from two perspectives: 1) near the airport and 2) under any . nearby IFR airways and instrument approach paths to/from an airport. : . Advisory circular 70/7460-1K tells how to. mark and/or light an "obstruction" deemed by the FAA to be a "hazard". Local authorities can ask for voluntary obstruction" lighting by the project's proponent. The Public Utilities Code, specifically Sections 21017, 21018, 21019, and 21655 through 21660 are worth highlighting as key. references. • The California Code of Regulations, through many sections and sub -sections, states that airports and heliports will. be originally permitted by the State and forever maintained by airport owners. and operators, and local land use planning agencies as well, as "hazard" free per FAR Part 77 criteria. This applies to both on -airport and near -by off -airport "obstructions". Finally, the State's Airport Land Use Planning Handbook has a wealth of information that can ' be considered as good guidance in evaluating the "compatibility" of any type or purpose of a near -airport development proposal. The State's Aeronautics Act mandates Land use compatibility evaluations -- it is the law. Other "law" round in the,Education Code, the Resources Code, and the Government Code all point in the direction of comprehensive and thorough land use compatibility decisions for development proposals near airports. As an aside to the real purpose and intent of this letter, compatibility decisions for near -airport ', residential development, in general, and the siting of schools to serve those residential developments specifically, can be done better if the Handbook guidance was more carefully considered. 0. Transportation and Land Use Planner October 15, 2001 Page 3 In simplified form, here is what we look at, in addition to the issue of obstruction height that may be a "hazard" (reference the above documents relative to height), in evaluating any cell tower, cooling/ventilating tower/stack and electrical generating* plants in general, and sports facilities and outdoor amphitheaters. 1. Ground based facility lighting: Electrical generating plants, as well as sports complexes and outdoor amphitheaters are commonly extensively lighted. This may be a distraction to a pilot landing at, taking off from, or operating in the vicinity of an airport. Distraction here can be interpreted to also be a confusion factor as to where the airport actually is at night, or in reduced visibility, or with low clouds overhead. Outdoor facility lighting should be directed downward as much a, possible and even shielded to minimize upward light emission. 2. Ground based smoke plumes: Depending on the location of the electrical generating plant, the smoke plume emitted from the cooling/exhaust tower/stack, there is the potential for pilot distraction or evasive maneuver • should the plume be along the extended runway approach/departure centerline or - near/under the traffic pattern (base leg, crosswind, and downwind). Consider a no -wind vertical plume as well as one affected by prevailing wind direction in evaluating appropriate location of the facility. 3. RFI/EMI: This stands for Radio Magnetic Interference and Electro- magnetic Interference and can be associated with electrical generating plants, cell towers and other types of radio frequency transmission towers/facilities. The issue here is disruption l interference /distortion of ground based navigation aid signal transmission (VOR and ILS, primarily) and airborne aircraft reception of those signals. As regards. radio frequency-. transmission towers/facilities and cell towers, the Federal Communications Commission usually makes a non-interference determination -in their frequency use licensing. process. It is wise to. ask ' for a copy of the FCC licensing documentation and environmental impact documents. The location of a transmission tower or generating plant relative to the airport traffic pattern and extended runway instrument approach/departure path(s) will be central to determining whether or not proof of non- interference is warranted. r 0 Transportation and Land Use Planner' October 15, 2001 Page 4 4. Cooling/settling basins or ponds: Most often associated with electrical generating facilities, these are potentially bird / waterfowl attractants. The FAA Advisory Circular 150/5200-33 speaks indirectly to the subject and provides useful guidelines on siting these. This Advisory Circular also deals with waste water treatment plants, wetlands, ranching/farming, golf courses, etc. that have a water persistence from regular/frequent irrigation. So, there you have it. Some helpful guidance to keep certain incompatible land uses from encroaching on an airport and creating problems for pilots. Feel free to call on us if you wish further clarification or explanation' Any of the following people here in Aeronautics can help you: Bob Moore, Land Use Compatibility @ (916) 654-3775 Sandy Hesnard, Environmental Impact @ (916) 654-5314 Gary Cathey, Aviation Safety @ (916) 654-5183 Sincerely, R. AUSTIN WISWELL, Acting dhief Division of Aeronautics ALLEN M. LAWRENCE, Chairman DIANNE McKENNA, Vice Chair JEREMIAH F. HALLISEY JAMES W. KELLOGG JOHN R. LAWSON R. K. LINDSEY ESTEBAN E. TORRES NATOR KEVIN MURRAY, Ex Officio ASSEMBLYMAN JOHN DUTRA, Ex Officio DIANE C. EIDAM, Executive Director October 19, 2001 STATE OF CALIFORNIA CALIFORNIA TRANSPORTATION COMMISSION M. A. Meleka Butte County Airport Land Use Commission 7 County Center Drive Chico, CA 95695 Dear Mr. Meleka: A PA GRAY DAVIS VERNOR jo�(040 r- 1 1120 N STREET, MS -52 P.O. BOX 942873 D (� a (� (t n /�/ SACRAMENTO, CA 94273-0001 I1�5 Illh_ I1�5 U FAX (916) 653-2134 FAX (916) 654-4364 / (916)654-4245 OCT 257O BUTTE C PLANNING The California Transportation Commission's (CTC) Technical Advisory Committee on Aeronautics (TACA) has developed a "white paper" titled The State's Role in Aviation. The purpose of the document was to outline to the CTC the key issues affecting aviation in California. The CTC authorized the TACA to work with appropriate agencies to identify potential roles and policies for the state in developing California's aviation system and to develop appropriate legislative proposals that (1) , augment Caltrans Division of Aeronautics responsibilities and funding; (2) restructure the funding of Caltrans Division of Aeronautics activities to ensure that those that benefit from the activity, both commercial and general aviation, pay for the program; and (3) reserve all currentAeronautics Account revenues derived from general aviation for general aviation purposes. One of the issues identified was the "pressure from development and incompatible uses on land. surrounding •airports emphasizes the need to have local Airport Comprehensive Land Use Plans (CLUPs) in place." The "wfiite"paper" states that incompatible land use development near airports of all sizes and categories is one of the_most-serious ..capacity and infrastructure improvement problems affecting airport viability in California. State legislation«requires all counties with airports "open for the benefit of the general public" to form -.an Airport Land Use Commission (ALUC)'and develop a CLUP for each of the airports in the county. As. planning issues for airports become more complex, staff time and costs for handling those issues are rising. Insufficient funding has precluded CLUP development in many counties. While funding of CLUPs is an eligible category in the State Capital Improvement Program, few are funded because of limited funds. The TACA is seeking input from a representative group of Airport Land Use Commissions across the state. We would very much appreciate your outlining any constraints that adversely affect your ALUC'.s ability to perform the duties outlined in the California Public Utilities Code commencing with Section 21670 (Pivision 9, Part 1, Chapter 4, Article 3.5). Please identify any deficiencies in the current law or process that you feel hampers your ability to perform your duties. Please provide any suggestions that•would improve the airport land use planning process or that would assist your ALUC in performing their duty. We would very much like to receive input from your ALUC prior to November 15, 2001. Please mail your response to the California Transportation Commission at the above address, attention Mr. Charles Oldham, Deputy Director for Policy and Legislation. If you have any questions, please do not hesitate•to contact either Jack Kemmerly at (530) 674-7965, e-mail idkemm(a,•ips.net or ,Dan .Burk1.hart at . (760) 749-6393, 'e-mail dburkhai-t(a home.com " : A Sincerely.,=: •it. '_'t:7f.Si•7� , ack D. Kemmerly, Chairman Technical Advisory Committee on Aeronautics CO CITY OF CHICo City of Chico Date: 4 c F P.O. Box 3420 Chico CA 95927 From: !` , P tS o "1 Phone Number. 7 C ITYOFCHICO INC. W?Z, FAX No. (530) 895-4825 Number of Pages (including this cover page) , TO: Name: C en oo K- • Company. . Fax:( 53 -1L/ 0 r 1000 0SZ'ON 0VTZ8£S6 <- d3SbWdW ALIO OOIHO JO ALIO OS:TT i00Z/SZi0T +BUTTE COUNTY AIRPORT LaD ME + • Department of Development Services • 7 County Center Drive, Oroville. CA 95965 • (916) 538-7601 FAX 916) 538-7785 • i 1 1, Robert A. Grierson Airport Land Use Commissioner, do hereby appoint the following person as my alternate to represent me in all commission affairs and to vote on all matters when I am not in attendance: Name: << L GP klis Address: S 9 ly t rs� o.� Sa.� a �a r r C' lG C �l G 0 fir% 2 ` • go 17 • a Robert A. Grierson A JButte County 7Alrport Land Use Commission r7 Mod 0r.2'0N OVTZ8296 F 639"W A110 OOIHO 30 A110 OS:LT TO©ZiS2i0T t October 26, 2001 Mr. Allen Sherwood 519 Mission Santa Fe Circle Chico, CA 95926 Dear Mr. Sherwood: 6,atte Count L A N D O F N A T U R A L W E A L T H A N D B E A U T Y AIRPORT LAND USE COMMISSION 7 COUNTY CENTER DRIVE • .OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 FAX: (530)538-7785' www.buttecounty.net/dds/ The Political Reform Act of 1974 requires that officials and employees who are designated in the agency's conflict of interest code must file a Statement of Economic Interests Form 700. As an official or employee whose position is designated in the agency's conflict of interest code, you are required to file an assuming office statement of economic interests no later than 30 days after the date you assumed office. *closed is a Statement of Economic Interests Form 700. The "Assuming Office" box has been checked and date appointment inserted. Please submit the form upon completion in the enclosed self-addressed envelope. Under provisions of the Conflict of Interest Code, the Form 700 must be used for the required filing of the Statement of Economic Interest in the Office of the County Clerk -Recorder, Elections Division, where it will be retained as a public record pursuant to Government Code §87200 et seq. If you need assistance in completing the form, you may call the Fair Political Practices Commission (FPPC) at 1- 866-ASK-FPPC (1-866-275-3772). You may visit their website at www.fppc.ca.gov. Please feel free to give me a call to answer any questions you may have. I can be reached Monday through Friday at (530)538-6572, between the hours of 7:30 a.m. to 4:00 p.m. Sincerely M. A. Mjeka Principal Plan cc: Norm Rosene, ALUC Chairman n U