HomeMy WebLinkAboutLCA22-0007 APPLICATIONButte County Department of Development Services FORM NO PLANNING DIVISION
7 County Center D1ive, Oroville, CA 95965 Planning Center Phone 530.552.3701 Fax 530.538.7785 DPL-14
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APPLICATION FOR LAND CONSERVATION ACT
CONTRACT AGREEMENT OR AMENDMENT
Pac1f1c Realty Associates, LP
NAME: dba: M&T Chico Ranch
EMAIL ADDRESS: lesH@MTChi coRanch. com
MAILING ADDRESS: 3964 Chi co River Road
ASSESSOR PARCEL NO.
039-160-002
039-140-007
TOTAL: 106. 83
Chico. CA 95928
NO. OF RESIDENTIAL
STRUCTURES
-0-
-0-
APPLICATION MUST INCLUDE THE FOLLOWING:
PHONE: 530-342-2954
ACREAGE
69.76
�7 07
1.Preliminary Title Report describing each parcel or parcels on the tax roll and the
ownership. Title Report shall be not more than six (6) months old with plat maps attached.
2.An application fee. Any additional review required will be billed at an hourly rate. Please
make checks out to "Butte County" Fee information may be obtained by contacting
Planning Staff at J!>plann111g§lbu rcl'·,11nty ,,et, 530.552.3701 or stopping by the Office.
3.Applications must be submitted to the Department of Development Services .Q.!1
or before September 15th for the contract to become effective the following year.
1 of 4
PROPERTY INFORMATION
How long have you owned the land? -�O�ct�o=b-e-_r_2�0_2_1 ________ _
Was the property acquired during the last 5 years? Yes� No_.
Is the land listed for sale at the present time? -'-'-No;=_ _________ _
Are there any known mineral deposits on the land? __ N_o _______ _
If the answer is yes:
1.List the minerals _________________ _
2.If ownership is not the same as property owner, who owns the mineral
rights? ________________ _
LAND USE (Indicate if proposed contract use differs from present use):
1.
2.
3.
ORCHARD (vineyards, orchards, etc.; 20-acre minimum parcel size):
Description of use _O_r_c_h_a_r_d _______ Acreage 106, 83
TOTAL: 106. 83
FIELD CROPS, IRRIGATED PASTURE OR IRRIGATED RICE (80-acre min. parcel size}:
Description of use _N..;.../_A _________ Acreage" ____ _
TOTAL: ____ _
DRY LAND GRAZING (160-acre minimum parcel size):
Description of use N/ A Acreage ___ _
TOTAL: -----
2 or 4
4.OPEN SPACE (wildlife habitat, managed wetlands; 80-acre minimum parcel size):
Description of use __ N_/_A ________ Acreage ___ _
TOTAL: -----
Land is being used by: Owner __ x __ _ Leased ------(Check one)
If being grazed, what is the average animal carrying capacity per acre? _____ _
What is the average number of animals being grazed on the property per year? __
5.List fill other uses on the property (attach additional sheets as necessary):
N/A
6.List all built structures on the property (attach additional sheets as necessary):
N/A
7.Other information or explanation to support application:
N/A
J of 4
The above statements are certified by the undersigned owners of the property listed on page
one of this application to be complete, true and correct.
DATE:
DATE:---------Signature------------(Owner)
DATE:---------Signature------------(Owner)
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.._.._._ __ __ -----------Butte County Assessor's M. Book 39, Page 14 [ill
ALBf:RTON TRACT M O.R. BK. I PG.9
601 MAIN ST,
CHICO, CA 95928
PACIFIC REALTY ASSOCIATES, LP
Transmittal
C/0 M&T CHICO RANCH, 3964 CHICO RIVER ROAD
CHICO, CA 95928
11/16/2021
Order Number: 6704859
Enclosed: 3 attached document(s)
Page Count: 16
Mid Valley Title & Escrow Company
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
1100302P050600
Policy Page 1
Policy Number: 6704859
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDmONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii)failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv)failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney;(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those actsby electronic means authorized by law; or(vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on theTitle by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the
Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land. 3. Unmarketable Title.4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a)the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement
erected on the Land; (c) the subdivision of land; or
(d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention toenforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental
police power not covered by Covered Risk 5 if a notice of the enforcement actlon, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in thePublic Records. 8. Any taking by a governmental body that has occurred and is
binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being
defective (a) as a result of the avoidance in whole or in part, or from a
court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown inSchedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights lawsby reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for valueor to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but
only to the extent provided in the Conditions.
First American Title Insurance Company P/-//IL
Denm J. Gilmof President
�;;t:_�
Form No. 1402.06 ALTA Owner's Policy (6-17-06)
EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building arid zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured dalmant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the aperation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the ntle as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on tJ,e Title for reaJ estate taxes or assessments imposed by governmenl:lll authority and create.d or attaching between Date of Policy andthe date of recording of the deed or other instrument of transfer in the Public Records that vests ntle as shown in Schedule A.
CONDmONS
1. DEFINmON OF TERMS The following terms when used in this policy mean: (a) "Amount of Insuran�e": The amount stated in Schedule A, as may be Increased or decreased by endorseme.nt to this policy, increased by Section 8(b ), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also Includes (A)successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C)successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2)if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and thenamed Insured are both wholly-owned by the same person or Entity, or ( 4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes.
Policy Page 2 Policy Number: 6704859
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An lnsured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, niit constructive knowledge or notlce that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affectfng the Title. (g) "Land": The land described in Schedule A, and affixed improvements that
by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways; or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructfve notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk S(d), "Public Records" shsill also include environmental protection liens filed In the records of the clerk of tbe United States District Court for the district where the Land is located. (j) "Title": The estate or interest described In Schedule A. (k) "Unmarketable lltleu: Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the ntle or lender on the Title to be released from the obligation to purchase, lease, or lend If there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE The coverage of this policy shall continue In force as of Date of Poflcy In favor of an Insured, but only so Jong as the Insured retains an estate or interest in the Land, or hol.ds an obligation secured by a purchase money Mortgage given by a purchq5er From the Insured, or only so long as the Insured shall have liability by reas.on of warranties in any transfer or conveyance of the ntle. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Ti�e. as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt noti�e, the Company's llablllty to the Insured Oaimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS 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 Insvred Claimant FUrnfsh a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the ei1tent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by tile Insured, and subject to the options contained
1n Section 7 of these Conditions, the Company, <1t its own cost arid without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The
Company shall have the right to select counsel of Its choice (subject to the right· of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in
First American Title Insurance Company
Form No. 1402.06
ALTA owner's Policy (6-17-06)
Section 7 of these Conditions, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the lflsured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a
final determination by a C!lUrt of competent jurisdiction, and It expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to 59 prosecute or provide defense in the action or proceeding, lndudlng the right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidenee, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) In any other lawful act that in the opinion of the Company may b.e necessary or desirable to establish the litle or any other matter as Insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obllgations to the Insured under the policy shall terminate, including any liability or obllgatlon to defend, prosecute, or continue any lltlgation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgefs, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, rrispe!!t, and copy all of these records in the custody or control of a third party that reasonably perta)n to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section 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 Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary infom,ation from third parties as required in this subsection, unless prohlb1ted by law or governmental regulation, shall tem,inate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILilY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount 'of Insurance under this policy together with any costs, attorneys' fees, and expenses Incurred by the Insu.ed Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company Is obligated to pay. Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than to make the payment required In this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Oairnant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs,
Policy Page 3 Policy Number: 6704859
attorneys' fees, and expenses incurred by the Insured Claimant 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 subsections {b)(l) or (Ii), the Company's obligations to the Insured Linder this policy for the claimed loss or damage, other than t:tie payments required to be made, shall termlnat!?, Including any liability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or dam<1ge by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the v.alue of the litle as Insured and the value of the litle subject t.o the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the litle, as Insured, (i) the Amount of Insurance shall be increased by 10%, and (ii)the Insured Claimant shall have the rigl1t to nave the loss or damage determined e.ither as of the date the claim was made by the Insured Oaimant or as of the date it is settled and paid. (c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien,
or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damagecaused to the Insured. (b) In the event of any litigation, including litigatfon by the Company or with the Company's consent, the Company shall have no liability for loss or
damage unt11 there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. ( c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settllng any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABIUTY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILilY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception ls taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which Is executed by an Insured after Date of Polley and which is a charge or lien on the litle, and the amount so paid shall be deemed a payment to the Insured under this pollcy.
12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim under this polfcy, it shall be subrogated and entitled to the rights of the Insured Claimant In the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Clalmant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Oaimant in any transaction or litigation involving these rights and remedies. If a payment on account of -a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
First American Title Insurance Company
Form No. 1402.06 ALTA Owner's Policy (6-17-06)
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION Either the Compan� or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land ntle Assocjatfon ("Rules''), Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable mattets may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any ser�ice In connection with its issuance or the bread1 of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this polfcy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbi.trated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance Is in ,ex:cess of $2,000,000 shall be arbitrated only when agreed to by both tt,e Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. UABIUTY UMITED TO THIS POUCY; POUCY ENTIRE CONTRACT(a)This policy together with all endorsements, if any, attached to It by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage ttiat arises out cif the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated bySchedule A of this policy.
Policy Page 4 Policy Numbe.r: 6704859
(d) Each endorseme_nt to this policy Issued at any time is made a part of this
policy and is subject to all of Its terms and provisions. Except as the endorsement expressly states, it does not (I) modify any of tbe terms and provisions of the policy, (ii) modify any prior endorsement, (Iii) extend the Date of Policy, or (iv) increase the Amourtt of Insurance.
16. SEVERABILITY In the event any provision of this policy, in Whole or in part, is held invalfd or unenforceable under applicable law, the policy 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.
17. CHOICE OF LAW; FORUM (a)Choke of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests In real property and applicable to the Interpretation, rights, remedies, or enforcement of policies of title insurance 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 against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. 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 Insµred against the Company must be filed only In a state or federal court within the United States of America or Its tehitori.es having appropriate jurisdiction.
18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement In writing required to be
giv,m to the Company under this polity must be given to the _Company at 1 First American Way, Santa Ana, GA 92707, Attn: Claims c:iepartment.
POLICY OF TITLE INSURANCE
First American Title Insurance Company
Form No. 1402.06 ALTA Owner's Policy (6-17-06)
SCHEDULE A
Policy Page 5 Policy Number: 6704859
First American Title Insurance Company
Name and Address of Title Insurance Company:
First American Title Insurance Company 1 First American Way
Santa Ana, CA 92707
File No.: 0401-6704859
Address Reference: 0 Taffee Avenue, Chico, CA 95928
Amount of Insurance: $3,095,070.00
Date of Policy: November 12, 2021 at 11:49 A.M.
1.Name of Insured:
Pacific Realty Associates, a Delaware limited partnership
2.The estate or interest in the Land that is insured by this policy is:
A Fee.
3.Title is vested in:
Pacific Realty Associates, a Delaware limited partnership
4.The Land referred to in this policy is described as follows:
Policy No.: 6704859
Premium: $1,860.00
Real property in the City of Chico, County of Butte, State of California, described as follows:
PARCEL I:
FARM UNIT C, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP RECORDED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 23, 1977,
IN MAP BOOK 61, AT PAGE 95, ALSO BEING LOTS 24, 25, AND 26 OF THE JOHN CROUCH
SUBDIVISION AND A PORTION OF LOT 12 OF THE ALBERTON TRACT, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 24, WHICH POINT IS MARKED BY AN IRONPIPE IN THE CENTERLINE OF TAFFEE AVENUE AND IS THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE LEAVING THE TRUE POINT OF BEGINNING AND RUNNING SOUTH 18 DEG.
22' 00" EAST, A DISTANCE OF 1322.22 FEET ALONG THE CENTERLINE OF TAFFEE AVENUE TO APOINT ON THE SOUTH LINE OF EDGAR AVENUE; THENCE SOUTH 71 DEG. 38' 00" WEST, A
DISTANCE OF 30.00 FEET TO A POINT, WHICH POINT IS MARKED BY AN IRON PIPE AND IS THE
INTERSECTION OF THE WEST LINE OF TAFFEE AVENUE AND THE SOUTH LINE OF EDGAR AVENUE;
THENCE SOUTH 55 DEG. 48' 00" WEST, A DISTANCE OF 614.60 FEET ALONG THE SOUTHERLY LINEOF SAID LOT 26 TO A POINT; THENCE SOUTH 73 DEG. 08' 00" WEST, A DISTANCE OF 1166.50
FEET ALONG THE SOUTHERLY LINE OF SAID LOT 26 TO A POINT; THENCE SOUTH 85 DEG. 08' 00"WEST, A DISTANCE OF 727.80 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 26 TO A POINT,
WHICH POINT IS THE SOUTHWEST CORNER OF SAID LOT 26 AND THE SOUTHEAST CORNER OFSAID LOT 12; THENCE NORTH 87 DEG. 01' 00" WEST, A DISTANCE OF 455.40 FEET ALONG THESOUTHERLY LINE OF SAID LOT 12 TO A POINT; THENCE SOUTH 87 DEG. 29' 00" WEST, ADISTANCE OF 358.20 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 12 TO A POINT; THENCELEAVING THE SOUTHERLY LINE OF SAID LOT 12 AND RUNNING NORTH 03 DEG. 22' 00" EAST, A
First American Title Insurance Company
Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 6 Policy Number: 6704859
DISTANCE OF 1132.30 FEET TO A POINT IN THE CENTERLINE OF LITTLE CHICO CREEK; THENCE RUNNING THE FOLLOWING SEVEN COURSES AND DISTANCES ALONG THE CENTERLINE OF LITTLE CHICO CREEK: NORTH 39 DEG. 14' 00" EAST 437.00 FEET; NORTH 61 DEG. 28' 00" EAST 249.00 FEET; NORTH 88 DEG. 08' 00" EAST 360.00 FEET; NORTH 63 DEG. 43' 00" EAST 140.00 FEET;
NORTH 44 DEG. 32' 00" EAST 252.00 FEET; NORTH 52 DEG. 57' 00" EAST 151.80 FEET; NORTH 78 DEG. 02' 58" EAST 99.18 FEET TO THE NORTHEAST CORNER OF SAID LOT 12 OF SAID ALBERTON TRACT; THENCE LEAVING THE CENTERLINE OF LITTLE CHICO CREEK AND RUNNING SOUTH 17 DEG. 44' 00" WEST, A DISTANCE OF 464.70 FEET ALONG THE EAST LINE OF SAID LOT 12 TO A POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID LOT 24; THENCE NORTH 71 DEG. 38' 00" EAST, A DISTANCE OF 1554.77 FEET ALONG THE NORTH LINE OF SAID LOT 24 TO THE POINT OF BEGINNING.
PARCEL II:
A RIGHT OF WAY 20.00 FEET IN WIDTH ALONG AND NEXT TO THE BANK ON THE SOUTH SIDE OF LITTLE CHICO CREEK AND RUNNING IN AN EASTERLY DIRECTION FROM THE POINT WHERE THE BRIDGE IS NOW LOCATED OVER SAID LITTLE CHICO CREEK TO THE PROPERTY HEREIN
DESCRIBED. SAID RIGHT OF WAY TO BE USED FOR ROAD PURPOSES ONLY.
APN: 039-160-002 (PARCEL I) and 039-1470-007 (PARCEL I)
First American Title Insurance Company
Form No. 1402.06 ALTA Owner's Policy (6-17-06)
File No. 0401-6704859
SCHEDULE B
Policy No. 6704859
EXCEPTIONS FROM COVERAGE
Policy Page 7
Policy Number: 6704859
This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
Part One:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by apublic agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could beascertained by an inspection of the Land or that may be asserted by persons in possession of theLand.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material unless such lien is shown by the Public
Records at Date of Policy.
Part Two:
1.General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $9,148.80, PAID
Penalty: $0.00 Second Installment: $9,148.80, OPEN Penalty: $0.00
Tax Rate Area: 062-003A. P. No.: 039-160-002 (PARCELi)
2.General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $2,002.77, PAID
Penalty: $0.00
Second Installment: $2,002.77, OPEN
Penalty: $0.00
Tax Rate Area: 062-003A. P. No.: 039-1470-007 (PARCEL I)
Rrst American Title Insurance Company
Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page B Policy Number: 6704859
3.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75of the California Revenue and Taxation Code.
RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW.
4.Rights of the public in and to that portion of the land lying within Taffee Ave., Edgar Ave., Chico Ave.and Crouch Ave.
5.Any rights, interests, or easements in favor of the public, which exist or are claimed to exist over anyportion of said land covered by water, including a public right of access to the water.
6.An easement for to maintain, operate, repair and remove cable line, boxes and manholes andincidental purposes in the document recorded September 27, 1962 as Book 1202, Page 402 of OfficialRecords.
The location of the easement cannot be determined from record information.
7.An easement for to clear and remove trees to allow free flow of water and incidental purposes in the
document recorded March 12, 1970 as Book 1605, Page 566 of Official Records.
Affects northerly 20 feet.
8.Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by
that certain Record of Survey filed November 23, 1977 in book 61, page 94, 95 and 96 .
9.Water rights, claims or title to water, whether or not shown by the public records.
10.Matters affecting Title to the herein described Easement(s) of which may be shown by an accuratesurvey due to the fact that the location of said easements(s) cannot be determined from the PublicRecords.
Affects Parcel II.
First American Title Insurance Company
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SURVEYOR'S CERTIFICATE --
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SURVEYOR'S CERTIFICATE TIIII mop hos l>HII requlr1m1nl1 <il t�e d01 at Odobcr
••omlned fo, conformance with the Lond su,-eyor'• ,._ct .this_.2,,1_,,u,_ __ _ ,1977 e� _e...---Cloy Coatleb�E.14224 County Surveyor
:RECORDER'S CERTIFICATE Flied for record lltis :u dOy or ?7�-, 197-�
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RECORD OF SURVEY
OF LOTS .z,. 25, 26, 34, 35, 36, & 37: ANO A POITION Of LOTS 32. 33, I 38 .OF. THE JOHN CROUCH SU&DIVISION: AND A PORTION OF THf ESTES PURCMASI: OF THE CROUCH LANDS: AND A PORTION OF LOT 12 OF l1IE 'ALBERTON TRACT: All IIEING A l'OIITION OF THE
RANCHO OE F,_RWELL: IN SECTIONS 5, 7. I, 9, 17, I 16. T2lN. RlE BUTTE COUNTY CALIFORNIA
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