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HomeMy WebLinkAboutMER21-0001 Application PacketButte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 530.59.3701 Telephone 530.538.7785 Facsimile APPLICANT'S NAME: Patti J. Samons is different from owner an alfldavit is required. ) STREET" CITY, STATE^ & ZIP CODE 14025 Pineland Cir cA 95954 E-MAIL: mons mail.com OWNER'SNAME: Patti J. Samons ADDRESS:STREET, CITY, STATE, & ZIP CODE 14025 Pineland Cir cA 95954 NAME OF PROPOSED PROJECT (if any) 14025 & 14029 Pineland Cir [Me ASSESSOR'S PARCEL NUMBER: TELEPHONE: 966 - FAX: 'I'F,I-F,I'TION !]: ( 530 966 8962 SlTE SIZF, iin squrre flet or acres) 927 PROPOSED LAND USE Single Family Residential LTNDER WILLIAMSON ACT CONTRACT!ves ENo [] enoernry rs oR pRoposED To BE oN puBr-rc wATERI rnomnrv IS oR pRoposED To BE oN wELL wATER & 011 trtr LOCATION OF PROJECT (major cross streets and address, if any) 14025 & 14429 Pineland Cir tV ta cA 95954 ZONE RR-5 IXIS l'lNG STRl.lClTtIRES (square feet) 1,220 (Check One) PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON SEPTIC ! aorranusrRATrvE PERMIT ! rrcar Lor DETERMINATToN E coNntrtoNAl usE PERMTT E rumonusE PERMTT E couvnxrcATroNs FACrLrry up/Mup X verunucp ! rrantonvaRrANcE I lor LNE ADJUS'I'MEN r' I cunrmcarE oF MERGER I rr,.N rn rrvr,. sr]tsDIVlsroN NIAP E ter"-trrttVE PARCIEL NIAP I wlrvln oF PARCDL MAP ! cr,nrrnrcelE, or- coRREClroN ! nr,zoNr, f ceNnH,Lt. PI.AN AMFTNT)MF.Nr' I vrNrNt; ANr) Rr-.cr.AMA'rroN pr.AN [] orvet.opvr uNr- AGRI,.FT\4 F.N l E olurlr o f parcels. ) Merge Lot 1'12, (APN:064-500-010), with Lot 113, (APN: 064-500-01 1), of the Paradise Pines Unit No. B Subdivision GENERAL PLAN Rural Residential EXISTING LAND USE Single Family Residential PROPOSL;D S'lRt-rClTtlR[.S ( squarc t'cct) N/A APN 064-500-010 Area prior to Merger: 1 3,857 Sqft, APN 064-500-01 1 Area prior to Merger: 1 6,903 sqft 30,760 sqft afler Merger THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCzuBED PROPERTY FTJRTHER, I ACKNOWLEDGE TT{E FILING OF THIS APPI-ICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRIJE AND ACCURATE. (Ifan agent is to be authorized, execute an the affidavit with this application.) DATE:l- aq- Ao^t SIGNATLIRE: Please contact Planning Division Staff with any questions 530 PROPERTifi INFORMATION 30 TYPA AGENT AUTHORIZATION To Butte County, Department of Development Services: Brien G. Hamilton (Hamilton Eng ineering lnc.)(530 ) 865-8551 Print Name of Agent Phone Number P.O. Bxo 978,Orland, CA 95963 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 064-500-01 0 & 064-500-011 This authorization allows representation for all applications, hearings, appeals, etc. alld to sign all documents necessary for said processing, including niitigation and aonditio;s ofapproval, but not including documents(s) relating to title interest' Owner(s) of Record (sign and print name).oJ . Davnty)\y1 3 S Print Name Print Narre fn Print Name Print Name Signature Signature Print Name of Applicant (dother than owner)Signature of Applicant (if other than owner) Brien G. Hamilton r530)1 Print Name of Califomia Civil EngineerlLand Surveyor P.O. Box 978, Orland, CA 95963 Phone Number Ham i lton Eng ineering@outlook.com Mailing Address Email Address Please contact Division Staff with RECORDING REQUESTED BY, and AFTER RECORDING RETURN TO: Butte County Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 CERTIFICATE OF MERGER LANDS BEING MERGED: AP NUMBER(S) NUMBER OF EXISTING PARCELS: EXISTING PARCELS CREATED BY: (check all those that apply) RECORDING DATA: YEAR: BOOK / PAGE OR SERIAL NUMBER: SUBDIVISION / PARCEL MAP: BLOCK LOT(S) AS OF THE DATE OF RECORDATION, THOSE LANDS NOTED ABOVE ARE MERGED TO CREATE ONE SINGLE PARCEL OF LAND AS DESCRIBED IN EXHIBIT A ATTACHED HERETO. Chuck Thistlethwaite, Planning Manager Department of Development Services Date OWNER’S CERTIFICATE OWNERS' CONSENT TO MERGER: THE UNDERSIGNED, as Owners of all that real property to be merged, do hereby consent and agree to the merger of such lands into that single parcel as described in Exhibit A attached hereto. OWNER’S SIGNATURES MUST BE NOTARIZED Print name and title (if applicable) below signature line. Attach a copy of this Owners Certificate if additional signature lines are needed. Signature Date Print name & title Signature Date Print name & title Signature Date Print name & title Signature Date Print name & title BENEFICIARY / TRUSTEE CONSENT TO MERGER: THE UNDERSIGNED, as beneficiary or trustee of an existing Deed of Trust on that real property to be merged, do hereby consent and agree to the merger of such lands into that single parcel as described in Exhibit A attached hereto. SIGNATURES MUST BE NOTARIZED. Print Company name in the space provided. Print name and title below signature line. Attach a copy of this Owners Certificate if additional signature lines are needed. Company Name By: Signature Date Print name & title Company Name By: Signature Date Print name & title EXHIBIT A LOT MERGER FOR NILES S. SAMONS & PATTI J. SAMONS LEGAL DESCRIPTION LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I: LOT 112 AND LOT 113, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARADISE PINES UNIT NO. 8", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 21, 1970, IN BOOK 38 OF MAPS, AT PAGES 1, 2,3 AND 4. CERTIFICATE OF CORRECTION WAS RECORDED DECEMBER 2, 1970, IN BOOK 1648, PAGE 5, OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO RECOVER SAME TO A DEPTH OF 100 FEET BELOW THE SURFACE OF SAID LAND IT BEING UNDERSTOOD AND AGREED THAT IN ALL EXTRACTING OPERATIONS, SUCH SHALL BE COMMENCED ON LANDS OTHER THAN THAT HEREINABOVE DESCRIBED. PARCEL II: A NON-EXCLUSIVE EASEMENT OVER LOT A (THE COMMON AREA) OF SAID PARADISE PINES UNIT NO. 8, AND THE LOTS DESIGNATED FOR COMMON AND RECREATION AREAS, AS DESCRIBED IN THE DECLARATION OF ANNEXATION FOR UNITS IV AND VI. THE PURPOSE OF THE ABOVE DESCRIPTION IS TO MERGE THE PROPERTY AS DESCRIBED IN THAT GRANT DEED FROM OLIVER D. ALVES, IV, A SINGLE MAN TO NILES S. SAMONS AND PATTI J. SAMONS, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, RECORDED ON SEPTEMBER 8, 2020 UNDER BUTTE COUNTY RECORDER’S SERIAL NUMBER 2020-0036533 WITH THE PROPERTY DESCRIBED IN THAT GRANT DEED FROM NILES S. SAMONS AND PATTI J. SAMONS, HUSBAND AND WIFE TO NILES S. SAMONS AND PATTI J. SAMONS, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, RECORDED ON APRIL 16, 2007 UNDER BUTTE COUNTY SERIAL NUMBER 2007-0018262 THE PROPERTY DESCRIBED ABOVE IS ALL OF ASSESSOR’S PARCEL NUMBERS 064-500-010 AND 064-500-011 PREPARED JANUARY 22, 2021 BY: __________________________________ BRIEN G. HAMILTON, LS 8484 I IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 2020-0036533 Recorded REC FEE 18.00 Official Records TAX 17.05 RECORDING REQUESTED BY: County of Mid Valley Title & Escrow Company Butte CANDACE J. GRUBBS MAIL TAX STATEMENT County Clerk-Recorder! AND WHEN RECORDED MAIL DOCUMENT TO: I Niles S. Samons and Patti J. Samons I NR 14025 Pineland Court 10:59AM 08-Sep-2020 I Page 1 of 2 Magalia, CA 95954 _..._. ........... +-u __. Space Above This Line for Recorder's Use Only ------ A.P.N.: 064-500-011 GRANT DEED File No.: 0401-6328148 (HG) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $17.05; CITY TRANSFER TAX$; SURVEY MONUMENT FEE $ [ X ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ X ] unincorporated area; [ ] City of Magalia, and EXEMPT FROM BUILDING HOMES AND JOBS ACTS FEE PER GOVERNMENT CODE 27388.Ha}(2) hereby GRANTS to Niles S. Samons and Patti J. Samons, husband and wife as community property with right of survivorship the following described property in the unincorporated area of Magalia, County of Butte, State of California: PARCEL I: PARCEL II: Mail Tax Statements To: SAME AS ABOVE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Oliver D. Alves, IV, a single man LOT 112, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARADISE PINES UNIT NO. 8", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 21, 1970, IN BOOK 38 OF MAPS, AT PAGES 1, 2, 3 AND 4. CERTIFICATE OF CORRECTION WAS RECORDED DECEMBER 2, 1970, IN BOOK 1648, PAGE 5, OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO RECOVER SAME TO A DEPTH OF 100 FEET BELOW THE SURFACE OF SAID LAND IT BEING UNDERSTOOD AND AGREED THAT IN ALL EXTRACTING OPERATIONS, SUCH SHALL BE COMMENCED ON LANDS OTHER THAN THAT HEREINABOVE DESCRIBED. A NON-EXCLUSIVE EASEMENT OVER LOT A (THE COMMON AREA) OF SAID PARADISE PINES UNIT NO. 8, AND THE LOTS DESIGNATED FOR COMMON AND RECREATION AREAS, AS DESCRIBED IN THE DECLARATION OF ANNEXATION FOR UNITS IV AND VI. Grant Deed - continued Date: 08/31/2020 A.P.N.: 064-500-011 D�3��Jr/ Oliver D Alves 1 'Z V ' A notary pubfic or other officer completing this ,certificate verifies onty the identity of the indMduat vJho signed the document to which this certificate is attached, and not the truthfulness, acruracy, or vafidity of that document, File No.: 0401-6328148 (HG) STATE OF COUN1Y OF Cfr )SS ) On �<j\A�-\- 3 \ . 2:--0 'a-. O • before me, fu \'· r1�, {50 m f 7- , Notary Public, personally appeared . 1 Q\lv-e, r � .: +\-\ve s. ' -;::. v ___ ,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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 PENAL1Y OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct. I WITNESS my hand and official seal. This area for official notarial seal Page 2 OWNER'S CERTIFICATE OWNE,RS' CONSENT TO MERGER: THE UNDERSIGNED, AS OWNCTS Of AII thAt TEAI PTOPETTY tO bE METgCd, @tothemergerofsuchlandsintothatsingleparcelasdescribedinExhibitAattached hereto. owNER'S SIGNATLIRES MUSl',BE NOTANZED print name andtitle (ifapplicable) below signature line. Attachacopy of this Owners Certificate if signalure lines are neetled. /Zq ZAZ I Date Print name & title l-2q -frozt Date U^0t4 f Print name & title Signature Date Print name & title Signature Date Print name & title BENEFICIARy / TRUSTEE CONSENT TO MERGER: THE UNDERSIGNED, as beneficiary or trustee of an r[tobemerged,doherebyconsentandagreetothemergerofsuchlandsinto that single parcel as described in Exhibit A attached hereto. SIGNATURES MUST BE NOTANZED. Print Company name in the space provided. Print name and lille below signature line. Arnch a copy of this Owners Certificate if additional signature lines are needed. CompanyName By; Signature Date Print name & title Company Name Signature By: Print name & title Date Caltronun Au-Punpose AcTUowLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. before me, Erizabeth wirson, Notary pubtic, personatty appeared ?*!li-{ il-rlrs--5-rut-'-eq *5o proved to me on the basis of sqtisfactory evidence to be the person(s) whose name(s) i@ subscribed to the within instrument and acknowledged i5-me that he/she@executed the same in his/her/td@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. (Seal) SSl Public Hy Comm. [xPires Jul 30, 2022 State of California County of Butte on'>a*-231-%z-t-- ILIZABTTH YflLSOH NotarY Public - California Butte CountY Commission # 7251871 Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. DescnrploN or Artncneo DocuueNr Title or Type of Document CrrA€ c^l' o( ttrl'ry { EI Title trtr I Partner(s) Absent Signer (Principal) is Representing: E Attorney-in-Fact E timiteo E General Number of Pages { Date of DocumentI 2? ec7( Signer(s) Other Than Named Above Cnenctrv(tes) CLAMED ev Stcruen(s) SrGneR's NnmE: lndividual'9 Corporate Officer E otrer Trustee(s) Guardian/Conservator F|V-Reference #78 Version 2.0 Customer Facing Page 1 of 1 @ Form 5026900 (1-29-15) Page 1 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Guarantee CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-6477414 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE. FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses prohibited. Reprinted under license or express permission from the California Land Title Association. Form 5026900 (1-29-15) Page 2 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters , whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or, (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: a. the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. b. "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. c. "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. d. "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. e. "Date of Guarantee": the Date of Guarantee set forth in Schedule A. f. “Amount of Liability”: the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: a. The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. b. If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. c. Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. d. In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by Form 5026900 (1-29-15) Page 3 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) GUARANTEE CONDITIONS (Continued) the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. a. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. b. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonable necessary information from third parties, as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: a. To pay or tender payment of the Amount of Liability together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. b. To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Assured that where authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or c. To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company’s obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation Liability. a. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. b. If the Company, or the Assured under the direction of the Company at the Company’s expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. c. In the event of any litigation by the Company or with the Company’s consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. d. The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. a. No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. b. When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. Form 5026900 (1-29-15) Page 4 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) GUARANTEE CONDITIONS (Continued) 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binging upon the parties. Judgment upon the aware rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. a. This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. b. Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. c. No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability. In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum. a. Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. b. Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United State of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 5 First American Way, Santa Ana, California 92707. Phone: 888-632-1642 (claims.nic@firstam.com). Form 5026900 (1-29-15) Page 5 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Schedule A CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-6477414 File No.: 6477414 Guarantee No. 6477414 Amount of Liability: $2,500.00 Date of Guarantee:January 13, 2021 at 7:30 A.M. Fee: $800.00 1. Name of Assured: Patti Samons and Niles Samons 2. The estate or interest in the Land which is covered by this Guarantee is: A Fee as to Parcels I-A and II-A; an Easement as to Parcels I-B and II-B 3. The Land referred to in this Guarantee is described as follows: Real property in the unincorporated area of the County of Butte, State of California, described as follows: PARCEL I-A: LOT 112, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARADISE PINES UNIT NO. 8", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 21, 1970, IN BOOK 38 OF MAPS, AT PAGES 1, 2, 3 AND 4. CERTIFICATE OF CORRECTION WAS RECORDED DECEMBER 2, 1970, IN BOOK 1648, PAGE 5, OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO RECOVER SAME TO A DEPTH OF 100 FEET BELOW THE SURFACE OF SAID LAND IT BEING UNDERSTOOD AND AGREED THAT IN ALL EXTRACTING OPERATIONS, SUCH SHALL BE COMMENCED ON LANDS OTHER THAN THAT HEREINABOVE DESCRIBED. PARCEL I-B: A NON-EXCLUSIVE EASEMENT OVER LOT A (THE COMMON AREA) OF SAID PARADISE PINES UNIT NO. 8, AND THE LOTS DESIGNATED FOR COMMON AND RECREATION AREAS, AS DESCRIBED IN THE DECLARATION OF ANNEXATION FOR UNITS IV AND VI. PARCEL II-A: LOT 113, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARADISE PINES UNIT NO. 8", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF Form 5026900 (1-29-15) Page 6 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) CALIFORNIA, ON OCTOBER 21, 1970, IN BOOK 38 OF MAPS, AT PAGES 1, 2, 3 AND 4. CERTIFICATE OF CORRECTION WAS RECORDED DECEMBER 2, 1970, IN BOOK 1648, PAGE 5, OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO RECOVER SAME TO A DEPTH OF 100 FEET BELOW THE SURFACE OF SAID LAND IT BEING UNDERSTOOD AND AGREED THAT IN ALL EXTRACTING OPERATIONS, SUCH SHALL BE COMMENCED ON LANDS OTHER THAN THAT HEREINABOVE DESCRIBED. PARCEL II-B: A NON-EXCLUSIVE EASEMENT OVER LOT A (THE COMMON AREA) OF SAID PARADISE PINES UNIT NO. 8, AND THE LOTS DESIGNATED FOR COMMON AND RECREATION AREAS, AS DESCRIBED IN THE DECLARATION OF ANNEXATION FOR UNITS IV AND VI. APN: 064-500-011 (PARCEL I) and 064-500-010 (PARCEL II) 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Niles S. Samons and Patti J. Samons, husband and wife as community property with right of survivorship b. Title to the estate or interest is subject to defects, liens, or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Form 5026900 (1-29-15) Page 7 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Schedule B CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-6477414 File No.: 6477414 1. General and special taxes and assessments for the fiscal year 2021-2022, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $642.30, PAID Penalty: $0.00 Second Installment: $642.30, PAYABLE Penalty: $0.00 Tax Rate Area: 093-014 A. P. No.: 064-500-010 (PARCEL II) 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 4. Charges and assessments which may be levied against said land by Paradise Pines Property Owner's Association. Note: For any amounts due, contact: Paradise Pines Property Owner's Association, Inc. 14211 Wycliff Way Magalia, CA 95954 Phone: 530 873-1114 5. Dedications, reservations, and note(s) if any, for specific purposes as set forth on the Map filed October 21, 1970, in Book 38, Page(s) 1, 2, 3 and 4, of Maps . Certificate of Correction was recorded December 2, 1970, in Book 1648, Page 5, official records. An abandonment of a portion of the public utility easement and recreation easement was recorded June 17, 1982, in Book 2730, Page 527, Official Records. Notice of Intent to Preserve Interest recorded September 16, 1993 as Serial No. 93-39802 of Official Records. 6. Agricultural Statement of Acknowledgement for Residential Development, Executed By: Alfred M. Coleman and June E. Coleman Recorded: October 6, 1981, Book 2663, Page 35. Affects Parcel I. Form 5026900 (1-29-15) Page 8 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) 7. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded October 4, 1988 as Serial No. 88-33873 of Official 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, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. 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. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. Document(s) declaring modifications thereof recorded February 3, 1992 as Serial Nos. 92-04556 and 92-04557, and recorded March 25, 1992 as Serial No. 92-12778, and October 10, 1995 as Serial No. 95-34666. of Official Records. A declaration of annexation recorded November 4, 1970 as Book 1642, Page 210 of Official Records. 8. A deed of trust to secure an original indebtedness of $85,600.00 recorded November 29, 2016 as Serial No. 2016-0045243 of Official Records. Dated: November 17, 2016 Trustor: Niles S. Samons and Patti J. Samons, husband and wife as community property with right of survivorship Trustee: First American Title Company Beneficiary: Mortgage Electronic Registration Systems, Inc. Lender: Finance of America Mortgage LLC Affects Parcel II. 9. The subject property lies in or near an area with recent wide-spread damage to real property and structures. Prior to the issuance of a Policy of Title Insurance, additional review and requirements may be necessary. Contact your closing office for information. 10. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $81.96, PAID Penalty: $0.00 Second Installment: $81.96, PAID Penalty: $0.00 Tax Rate Area: 093-014 A. P. No.: 064-500-011 (PARCEL I) 11. The Vestee herein acquired Title by Document (s) Recorded September 8, 2020 as Serial No. 2020- 0036533, as to Parcel I and April 16, 2007 as Serial No. 2007-0018262, as to Parcel II. AB:ljh