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HomeMy WebLinkAboutMISC23-0004 7. Condition of Title GuaranteeCLTA Guarantee Form No. 28 - Condition of Title ^ r«■ First American Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBERGuarantee5026900-6890295 (UPDATED 1/4/23) SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE APART 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 HRSI AMERICAN 111 LE INSURANCE COMPANY By:By:Kenneth D. DeCiorgio. President Lisfl W. Cornehl, Secretary © 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. [Page 1 of"IForm 5026900 (1-29-15)CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) EXCLUSIONS FROM COVERAGE The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (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. (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. Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (e) (f) Defects, liens, encumbrances, adverse claims or other matters against the title to any property beyond the lines of the Land. (a) (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. Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. The identity of any party shown or referred to in any of the schedules of this Guarantee. (g) (c) (d) 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. "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. "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. "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. "Date of Guarantee": the Date of Guarantee set forth in Schedule A. "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, b. c. d. e. f. 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 |Page 2 of9Form 5026900 (1-29-15)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. I|Page 3 of 9Form 5026900 (1-29-15)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 f'Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with ciaims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or ciaim 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. 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. Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. 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. a. b. c. 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 (clalms.nic@firstam.com). |Page 4 of'9Form 5026900 (1-29-15)CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) CLTA Guarantee Form No. 28 - Condition of TitleFirst American Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBERSchedule A 5026900-6890295 (UPDATED 1/4/23) File No.: 6890295 Guarantee No. 6890295 Amount of Liability: $2,500.00 Date of Guarantee:January 03, 2023 at 7:30 A.M.Fee: $400.00 Name of Assured:1. W. Gilbert Engineering The estate or interest in the Land which is covered by this Guarantee is:2. Fee The Land referred to in this Guarantee is described as follows:3. Real property in the unincorporated area of the County of Butte, State of California, described as follows: BEING A PORTION OF LOT 5, ACCORDING TO THAT CERTAIN MAP ENTITLED, "MAP OF THE TWENTY-FIRST SUBDIVISION OF BIDWELL RANCHO", WHICH WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, NOVEMBER 11, 1912, IN MAP BOOK 7, PAGE 49, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LINE DIVIDING LOTS 4 AND 5 OF SAID SUBDIVISION A DISTANCE OF 642.4 FEET SOUTHERLY FROM THE NORTHERLY END OF SAID LINE, WHICH IS THE SOUTHERLY BOUNDARY OF BIDWELL PARK; THENCE NORTH 33 DEG. 04' EAST 300.0 FEET THROUGH SAID LOT 5 TO A POINT ON THE LINE BETWEEN LOTS 5 AND 6 OF SAID SUBDIVISION; THENCE NORTH 56 DEG. 56’ WEST ALONG THE LAST MENTIONED LINE 72.6 FEET TO A POINT; THENCE SOUTH 33 DEG. 04' WEST 300.0 FEET THROUGH SAID LOT 5 TO THE LINE DIVIDING SAID LOT 4 AND THENCE SOUTH 56 DEG. 56' EAST 72.6 FEET TO THE POINT OF BEGINNING. APN: 018-010-051 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: Ryan T. Olson and Stefanie M. Olson, Trustees of Olson Family Trust as to a 90% undivided interest, and Quinn M. Olson as to a 10% undivided interest, as tenants in common |Page 5 of~IForm 5026900(1-29-15)CLTA Guarantee Form No. 28 l Condition of Title (Rev. 6-5-14) 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. (Page 6 ofTForm 5026900 (1-29-15)CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5- CLTA Guarantee Form No. 28 - Condition of TitleFirst American Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBERSchedule B 5026900-6890295 File No.: 6890295 General and special taxes and assessments for the fiscal year 2023-2024, a lien not yet due or payable. 1. General and special First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: taxes and assessments for the fiscal year 2022-2023. $1,687.53, PAID $0.00 $1,687.53, DUE $0.00 062-006 018-010-051 2. Supplemental taxes for the year 2022-2023 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $250.87, PAID $0.00 $250.87, DUE $0.00 062-006 990-363-293 3. Supplemental taxes for the year 2022-2023 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $198.80, PAID $0.00 $198.80, DUE $0.00 062-006 991-359-921 4. Supplemental taxes for the year 2021-2022 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $354.07, PAID $0.00 $354.07, DUE $0.00 062-006 991-352-866-001 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. [Page 7 ofT CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14)|Form 5026900 (1-29-15) RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. Rights of the public in and to that portion of the land lying within Centennial Avenue.7. Dedications, reservations, and note(s) if any, for specific purposes as set forth on the Map filed November 12, 1912, in Book 7, at Page(s) 49, of Maps . 8. A deed of trust to secure an original indebtedness of $235,000.00 recorded August 10, 2022 as Serial No. 2022-0026517 of Official Records. 9. Dated: Trustor: July 20, 2022 Ryan T. Olson and Stefanie M. Olson, Trustees of Olson Family Trust First American Title Insurance Company, a Nebraska Corporation Walter T. Marshall Jr. Partner of SWM Properties Trustee: Beneficiary: 10.Water rights, claims or title to water, whether or not shown by the Public Records. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company, b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction, c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 11. The Vestee herein acquired Title by Document (s) Recorded August 10, 2022, Serial No. 2022- 0026516, and November 23, 2022 as Serial No. 2022-0037589. 12. NO:md |Page 8 of"IForm 5026900 (1-29-15)CITA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Mid Valley Title & Escrow Company601 Main Street Chico, CA 95928 Illegal Restrictive Covenants Please be advised that any provision contained in this document, or in a document that is attached, linked, or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law. |Page 9 ofTForm 5026900 (1-29-15)CLTA Guarantee Form No. 28 - Condition of Title CRev. 6-5-14) Public Health Department Danette York, Director Robert Bernstein, M.D., Health Officer Environmental Health 202 Mira Loma Drive Oroville, California 95965 T: 530.552.3880 F: 530.538.5339 buttecountv.net/publichealthButte County T rPUBLIC HEALTH August 11, 2022 The Kite Group P.O.Box 6190 Chico, CA 95927 RE:PREAP22-0101, Tentative Parcel Map subdivided an existing 0.45-acre parcel Into two (2) parcels of 11,722 and 10,075 square feet lots with parcel 1 fully developed and parcel 2 connecting to City Sewer and Cal-water. APN 018-010-051, 84 Centennial Avenue, Chico, CA 95927 Dear The Kite Group: This office has reviewed your application as indicated above. The following is an analysis of that review. Project:PREAP22-0101, Tentative Parcel Map subdivided an existing 0.45-acre parcel into two (2) parcels of 11,722 and 10,075 square feet lots with parcel 1 fully developed and parcel 2 connecting to City Sewer and Cal-Water. APN 018-010-051, 84 Centennial Avenue, Chico, CA 95942 Location:84 Centennial Avenue, Chico, CA 95927 Applicant: The Kite Group Engineer: Report of Findings: The project is a Parcel Map to subdivide an existing 0.45 acre parcel into two (2) parcels of 11,722 and 10,075 square feet lots with parcel 1 fully developed and parcel 2 connecting to City Sewer and Cal-Water. Parcel 1 will be required to connect to City Sewer for any additional wastewater loading or once the existing septic system fails. The project area consists of flat areas with 0.19-acre to 4.25-acre single family dwellings surrounding the proposed. No soils investigation was required and submitted parcel maps showed locations of existing septic system. In summary, no soils were assessed, proposed parcels will utilize City Sewer and Cal- Water for future replacement and developments. A will serve letter has been received from Cal-water along with a sewer connection from the City of Chico. It is agreed with W. Gilbert Engineering A [The Kite Group] [September 11, 2022] Page -2- .11 Rutte^GoOntY/ Wesley Gilbert’s findings that, per BCG Chapter 19-10 C., the minimal requirements for each parcel have been met. Once you have completed the County Parcel Map process, if you submit a map which remains substantially as the map currently reviewed in this pre-application, you could expect this Department’s support. This review should in no way be construed as a blanket approval of your project since participation in the County Parcel Map process may change the project due to other agency requirements. When you do apply for your map at the Planning Department, you must have your Pre-Application Review receipt available at the time you make application showing you have paid the Environmental Health fee of $1662.00 in total. This letter concludes this Department’s review of your pre-application. If you have any questions, please contact me at the Oroville office at 552-3875, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely c Paul Thao, R.E.H.S. Division of Environmental Health cc: Planning Division W. Gilbert Engineering PUBLIC WORKS DFJ’ARTMLNT ENGINEFRING DIVISION 41 I Miiiii Sired, 2'"' [-‘loor P.O. Box 3420 Chico. CA 95927-3420 Phone:(530)S79-6900 Fax;(530)X95-4H99 www.ci.ehico.ca.u.s CITYfir CHICO INC 18// July 20, 2022 Kite Group, Inc. P.O. Box 6190 Chico, CA 95927 Application for Sewer Connection ENGSSA22-00271 fo r 84 CENTENNIAL AVERe: The above referenced sewer application has been processed/reviewed by the Public Works Department and is attached for your reference and As a condition of sewer seiwice, you must complete the following actions: 1. Pay the computed sewer connection fees prior to securing plumbing and encroachment permits. use. a. Please note that a plumbing permit will only be issued to the homeowner contractor with one of the following license classifications; “A” General Engineering Contractor, “C36” Plumbing Contractor, Contractor. C42” Sanitation uor or a System 2.You have the option, under the provisions of Section 3.82 of the Chico Municipal Code, of entering into an agreement which would allow you to connect your property to the City sewer system now and pay the sewer connection fees over a lO-year period. Payments would be included in your property tax billing. Please contact this office if you are interested in pursuing this option. If you choose this option, you must submit: A petition signed by all parties with controlling interest in the property, $848.00 for the processing fee, A copy of a recent title report or lot book guarantee that is less than 3 months old, and Ifthe property is owned by a taist, partnership, or corporation a copy of documents proving the signatories possess valid authority. Note: This option is for existing structures only Construction of the sewer lateral seiving this property and connection to the City system is your responsibility. a. b. c. d. sewer3. 4.Obtain an On-Site Wastewater Construction Permit for Septic Tank Destruction from the Butte County Environmental Health Department for septic abandonment. Please note that the Building Department cannot issue a Plumbing Permit without proof that this pennit has been obtained. The fees and conditions contained in this application were based on the information provided by the applicant. Any subsequent changes to that information may change the fees and/or conditions. As provided for by City policy, the sewer connection fees calculated in the attached application are valid for a minimum of sixty (60) days from the date of this letter. If you have any questions regarding this letter or sewer seiwice in general, please contact this office at (530) 879-6900. Respectfully, David K.ehn Senior Civil Engineer CALIFORNIA WATER SERVICE Chico District 2222 Dr. Martin Luther King Jr. Parkway Chico, CA 95928 Tel: (530) 893-6300 June 23, 2022 The Kite Group, inc PO BOX 6190 Chico, CA 95927 Will Serve Letter Tract or Parcel Map No: 84 Centennial Ave - APN 018-010-051 Developer: The Kite Group, Inc Attn: The Kite Group, Inc California Water Service Company Chico District {"Cal Water") has determined that water is available to serve the above-referenced project based on the information provided. Cal Water agrees to operate the water system and provide service in accordance with the rules and regulations of the California Public Utilities Commission (CPUC) and the company's approved tariffs on file with the CPUC. This determination of water availability shall remain valid for two years from the date of this letter. If construction of the project has not commenced within this two year time frame, Cal Water will be under no further obligation to serve the project unless the developer receives an updated letter from Cal Water reconfirming water availability. Additionally, Cal Water reserves the right to rescind this letter at any time in the event its water supply is severely reduced by legislative, regulatory or environmental actions. Cal Water will provide such potable water at such pressure as may be available from time to time as a result of its normal operations per the company's tariffs on file with the CPUC. Installation of facilities through developer funding shall be made in accordance with the current rules and regulations of the CPUC including, among others, Tariff Rules 15 and 16 and General Order 103-A. In order for us to provide adequate water for domestic use as well as fire service protection, it may be necessary for the developer to fund the cost of special facilities, such as, but not limited to, booster pumps, and/or storage tanks, in addition to the cost of mains and services. Developer will also be required to contribute towards Cal Water's water supply by paying facilities fees on a per lot basis as described in Rule 15. Cal Water will provide more specific information regarding special facilities and fees after you provide us with your improvement plans, fire department requirements, and engineering fees for this project. This letter shall at all times be subject to such changes or modifications by the CPUC as said Commission may, from time to time, require in the exercise of its jurisdiction. If you have any questions regarding the above, please call me at (530) 893-6300. Sincerely, Evan Markey District Manager cc: Rashmi Kashyap - Cal Water Engineering Dept. File Quality. Service. Value." calwater.com Receipt Number P9679 Cash Register Receipt Butte CountyButte County DESCRIPTION QTYACCOUNT PAID $484.00ProjectTRAK $484.00PREAP22-0101 Address: 84 CENTENNIAL AVE Apn: 018-010-051 $484.00ELU PRE APPLCTN RVW HALF APP FEE $484.00ELU PRE APPLCTN RVW HALF APP FEE 0021-5400000-461199 0 $484.00TOTAL FEES PAID BY RECEIPT: P9679 Date Paid: Monday, August 01, 2022 Paid By: THE KITE GROUP, INC Cashier: YPC Pay Method: CHECK 4695 Rnh-cT' rmnl'\/Ti lori-J-,.. Alin.IP*- 1C TmTin-31 A^i1 1 1 gaUaway ENTERPRISES 117 Meyers Street l Suite 120 l Chico CA 95928 l 530-332-9909 June 6, 2022 W.G. Civil Engineers, Inc. Attn.: Wesley Gilbert 140 Yellowstone Drive, Suite 110 Chico CA, 95973 Re: Tree Health Assessment for the Olson Tentative Parcel Map Project California. Chico, Butte County, Mr. Gilbert, As requested, Gallaway Enterprises conducted a Tree Health Assessment for the Olson Tentative Parcel Map (TPM) Project (Project) on June 2, 2022. Please find enclosed a summary of the results of the assessment conducted. Project Location The Project site is currently composed of one parcel (APN 018-010-051) located at 84 Centennial Avenue, Chico, Butte County, California. Proposed within the Project site is a parcel subdivision and submittal of a TPM to the City of Chico (City). Environmental Setting The Project site is accessed via a narrow driveway off of Centennial Avenue and is surrounded by residential developments. One residence, detached garage and multiple small sheds/outbuildings occur within the site. The Project site is highly disturbed from past human use. A dense patch of bamboo is located along Centennial Avenue as a visual screen for the residence. The Project site is dominated by a variety of non-native landscape/planted trees interspersed with native oak trees. Survey Method The Tree Health Assessment was conducted on June 2, 2022 by ISA Certified Arborist Elena Gregg. As required by the City Tree Preservation Regulations (Chapter 16.66 of the City's Code of Ordinances), ail trees present within the Project site with a diameter at breast height (dbh) of 6 inches or greater were identified. Gallaway Enterprises conducted a health assessment for all of these identified trees. A level 2 basic visual assessment (per ISA's ANSI A300 Part 9 and companion BMP guidelines) of each tree was conducted from the ground by walking completely around the tree, if feasible, and looking at the site, trunk, trunk collar, and branches. Following this visual assessment, each inventoried tree was assigned a health rating of 1 to 5, with 1 being poor and 5 being excellent. Dead trees were not assessed or mapped. The health ratings were based on the following standards: Tree Health Assessment Olson Parcel TPM Project 1: These trees have major defects that could result in the tree or portions of the tree (e.g. branches) to be unstable or to fail. The defect is typically extensive decay or cavity located within the trunk or numerous dead/decayed branches. 2: These are generally sound trees but often have prominent leans, trunk elongation, or general branching defects. Other potential health detractors include excessive deadwood from competition with other trees. 3: These are average trees; generally in good health and without prominent defects in their branching pattern and overall structure. These trees also have adequate growing room and are not overgrown with mistletoe, poison oak or ivy. 4: These trees are above average, with good branch form. The trees are not overcrowded or light- starved and have plenty of room to grow. These trees often look much like a “Z" except they are larger, older, and better established in the tree stand. 5: These trees are considered excellent in all aspects: form, branching, and structure. Results of the Tree Health Assessment A total of 29 trees were assessed within the Project site (Attachment A). These trees included 12 common landscape trees that are native to California including valley oak [Quercus lobata), black walnut {Juglans hindsii), and Ponderosa pine {Pinus ponderosa) and 17 other non-native landscape tree species. A table listing each tree surveyed within the Project site and its assessed health rating is provided as Attachment B. The average health rating of the trees present on the site was 2.2 and the average combined dbh of the trees present was 16 inches. This low average health rating is due to crowding of the trees that resulted in the presence of numerous dead branches and evidence of drought stress. A level 2 basic visual assessment from ground level was conducted; however, visual signs of decline may not have been outwardly evident or evident from the ground surface. As such, the accuracy of the heath rating is limited by the visual appearance of the trees at the time of the survey. An Arborist's Disclaimer Statement is provided as Attachment C. Recommendations If any trees with a health rating of 1 are located within striking distance of any proposed structure or existing structure proposed for retention, these trees are recommended for removal in order to eliminate potential hazards. If feasible, it is recommended that all trees with a health rating of 2 or greater be retained within the Project site due to their aesthetics and usefulness to wildlife. If trees with a health rating of 2 are retained, these trees are recommended to be pruned of any dead branches or vines growing in their canopy. The removal of any trees on the Project site must be conducted in compliance with the City's tree ordinance. Per the City's Tree Preservation Regulations olive and pecan trees are not considered regulated trees. However, mitigation for removal of any trees 6 inches or greater within the Project site will be determined though consultation with the City. 2 Tree Health Assessment Olson Parcel TPM Project when working within close proximity of trees to be protected, activities should comply with the City's "Best Practices Technical Manual: Tree Preservation Measures." If any of the trees present within the Project site are proposed for preservation, care should be taken to avoid any construction related activities including stockpiling of equipment or materials within the dripline of the tree canopy. Preserved trees in close proximity to structures or walkways should be regularly monitored by a qualified arborist following construction activities for signs of stress or failure. Should you have any questions or need any additional information on managing trees during construction, please do not hesitate to contact me at (530) 332-9909 or elena@gallawaventerprises.com. Sincerely, Elena Gregg, ISA Certified Arborist (WE-8033A) Gallaway Enterprises Attachment A: Tree Location Map Attachment B: Tree Table Attachment C: Arborist's Disclaimer 2 Tree Health Assessment Olson Parcel TPM Project