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HomeMy WebLinkAbout8.PROJ -26-0030 Creation Deed□ Butte County Department of Development Services PERMIT CENTER 7 County Center Drive, Oroville, CA 95965 Main Phone 530.552.3700 Planning Phone 530.552.3701 Fax 530.538.7785 Planning Email: DSPlannin12/al,buttecounty.net PROJECT INFORMATION FORM FORM NO DPL-01 I Project# (Staff Use Only) APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) Robertson Marquardt for Carrdi LLC ASSESSOR'S PARCEL NUMBER: 025-150-003, 025-150-004 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: P.O. Box 1200 Gridley, CA 95948 E-MAIL: robertson.marquardt@yahoo.com ( 530 ) 456 -6544 FAX: FISCAL CONTACT: (the party that will handle permit fees, invoices and other financial concerns for this application) Same as applicant above ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: E-MAIL: OWNER'S NAME: TELEPHONE: Same as applicant above ( ) ADDRESS: STREET, CITY, STATE, & ZIP CODE: NAME OF PROPOSED PROJECT (if any) South Hixson Merger & LCA PROPERTY INFORMATION SITE SIZE (in square feet or acres) +I-35.30 acres LOCATION OF PROJECT (major cross streets and address, if any) 3002 Larkin Road, Hixson Avenue ZONE I GENERAL PLAN I EXISTING LAND USE AG-20 AG AG, Residential PROPOSED LAND USE AG, Residential EXISTING STRUCTURES (square feet) I 0 PROPOSED STRUCTURES ( square feet) 4878 UNDER WILLIAMSON ACT CONTRACT lilves D No {Check One) □ PROPERTY IS OR PROPOSED TO BE SEWERED ~ PROPERTY IS OR PROPOSED TO BE ON SEPTIC (Check One) □PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ~PROPERT'Y IS OR PROPOSED TO BE ON WELL WATER 0 ADMINISTRATIVE PERMIT 0 LEGAL LOT DETERMINATION □ CONDITIONAL USE PERMIT 0 MINOR USE PERMIT 0 COMMUNICATIONS FACILITY UP/MUP 0 LOT LINE ADJUSTMENT APPLICATION TYPE {check all that apply) 0 MINOR VARIANCE C CERTIFICATE OF CORRECTION 0 VARIANCE O REZONE ~ CERTIFICATE OF MERGER O GENERAL PLAN AMENDMENT 0 TENTATIVE SUBDIVISION MAP O MINING AND RECLAMATION PLAN 0 TENTATIVE PARCEL MAP O DEVELOPMENT AGREEMENT 0 WAIVER OF PARCEL MAP □OTHER ----------- PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach l'lecessary sheets. If this applicatior1 is for a land division, describe the number and size of parcels.) Applicant proposes to merge APN 025-150-003 & 025-150-004 into one single parcel. Also, concurrently rescind an existing Williamson Act contract and enroll in a new contract for the resultant merged parcel. OWNER CERTIFICATION I CERTIFY THAT l AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION ANO CERTIFY THAT ALL OF THE ABOVE INFORMATION 15 TRUE ANO ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE:.-----'-/_-_::i.-_;J_--_;l._CJ_2_6_ SIGNATURE: ~U~- Please contact Planning Division Staff with any questions. Owners Information Sheet Owner of record per Document No. 2023-0032030, recorded on December 7, 2023 in Butte County Official Records. APN 025-150-006, 025-050-017, 025-050-018 CARRDI, LLC Robertson Marquardt (Authorized signatory) P.O. Box 1200 Gridley, CA 95948 Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive, Oroville, CA 95965 Planning Cenler Phone 530.552.3701 Fax 530.538.7785 dsplarming@buttecountv.net AGENT AUTHORIZATION To Butte County, Department of Development Services: Sannar Land Surveying (Adam Nako) (80§-382-7 541 FORM NO DPL-02 Print Name of Agent 556 Little Avenue Gridley, CA 95948 Phone Number adam.nako@gmail.com Mailing Address Email Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 025-150-003 & 025-150-004 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, including mitigation and conditions of approval, but not including documents(s) relating to title interest. Owner(s) of Record (sign and print name) Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Applicant (if other than owner) Signature of Applicant (if other than owner) Richard F. Sannar, PLS 4835 St30i380-7212 Print Name of California Civil Engineer/Land Surveyor Phone Number 556 Little Avenue Gridley, CA 95948 rfsannar@gmail.com Mailing Address Email Address Please contact Planning Division Staff with any questions. 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. Curtis Johnson, Assistant Director Department of Development Services Date OWNER'S CERTIFICATE 0 WN E RS' CO NS ENT TO MER GER: THE UNDERS lGNED, 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. 0 WNER 'S SIG NATURES MUST BE NOTA R!ZED Print name and title (if applicable) be/0111 signature line. Attach a copy of this Owners Certificate if additional signature lines are needed I -3o --;).o 'J6 , Date Print name & title P-Ft A·E name & title Signature Date Print name & title Signature Date Print name & title BENEFICIARY/ TRUSTEE CONSENT TO MERGER: THE UNDERSIGNED, as beneficiary or trustee ofan 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 ,HUST BE NOTA R/7.ED. Print Company name in the space provided. Print name and title below signalure line. Attach a copy of this Owners Certificate if additional signature fines are needed. Company Name By: Signature Date Print name & title Company Name By: Signature Date Print name & title ACKNOWLEDGMENT 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. State of Californi~ ill/1 0 County of ld'•n ,_,., ---~--------~ On ~J~/_V_/._•,Z_. _ _)_Z _& __ before me, SIJS i,(lt(l{(Jv/ vJ;,tvbfl flffe l /7tbrt (l,f&/1 ( (insert name and title of the officer) personally appeared /?IJ .B ~-rs~Ai MAl<-Q u I}/(µ ( 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , •• : JASKARAN SINGH DEOL ' ; • ~ Notary Publtc • Calffcrnia I! 1 _; Suttl!r County f " Commission 112536322 - Signature_~_-_· __ • ________ _ My Comm. Expires Oct 23, 2029 (Seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing thrs 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. State of Californla } County of {?>1 vJ-e On \ /'J 'J 12 & before me, ~{v1/1'1Z,nrv IJ;,,N,,rJ fJt?t~,N~/vlltY ~ Date Here Insert Nome and Title of the Officer personally appeared ____ _,_8.----'--"-o-=!J_E_-_R._T._~_O_N _ ___,_M-----'---'A~l--a-'---u_A._~----'-'--'''--------- Nome(s} of Signer{s} 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. JASKARAN SINGH DEOl Notary Public· carffornra Sutttr County I • Commfssfon I 2536322 - My Comm. Expirts Oct 23, 2029 Place Notary Seo/ and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the fmegoing paragraph is true and correct. WITNESS my hand and official seal. Signature -~---------------- Signature of Notary Public OPTIONAL Completing this informotion can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies} Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ □ Corporate Officer -Title(s): _______ _ o Corporate Officer -Title(s): ______ _ o Partner -o Limited D General o Partner -D Limited □ General □ Individual □ Attorney in Fact o Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator o Trustee o Guardian or Conservator o Other: D Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2019 National Notary Association EXHIBIT ‘A’ RESULTANT LEGAL DESCRIPTION OF MERGED PARCEL Carrdi, LLC, a California Limited Liability Company All that certain real property situate in the Unincorporated Area, County of Butte, State of California, merged together into one parcel, described as follows: Lot 16 and Lot 17, inclusive, according to that certain map entitled, “Map of Hatch and Rock Orchard Tract, Subdivision No. 2”, as filed in the Office of the Recorder of the County of Butte, State of California, on June 9, 1908, in Book 6 of Maps, Page 64. CONTAINING 35.30 acres, more or less. The property described above is all of Butte County Assessor’s Parcel Numbers 025-150-003 and 025-150-004. DEED NOTE: The purpose of the above description is to merge the above described land as described in deed to Carrdi, LLC, a California Limited Liability Company, recorded on December 7, 2023 under Butte County Recorder’s Serial Number 2023-0032030. PREPARED JANUARY 20, 2026, BY: ____________________________ RICHARD F. SANNAR, LS 4835 1 1 of 4 APPLICATION FOR LAND CONSERVATION ACT CONTRACT AGREEMENT OR AMENDMENT NAME: PHONE: _______________ EMAIL ADDRESS: _________________________________________________________ MAILING ADDRESS: _______________________________________________________ ____________________________________________________ ASSESSOR PARCEL NO. NO. OF RESIDENTIAL ACREAGE STRUCTURES ________________ ________________ ________________ ________________ TOTAL: ________________ APPLICATION MUST INCLUDE THE FOLLOWING: 1. Preliminary Title Report or Condition of Title Guarantee describing each parcel or parcels on the tax roll and the ownership. Title Report/Guarantee 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 dsplanning@buttecounty.net, 530.552.3701 or stopping by the Office. 3. Applications must be submitted to the Department of Development Services on or before September 15th for the contract to become effective the following year. Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive, Oroville, CA 95965 Planning Center Phone 530.552.3701 Fax 530.538.7785 dsplanning@buttecounty.net FORM NO DPL-14 2 of 4 PROPERTY INFORMATION How long have you owned the land? ___________________________________ Was the property acquired during the last 5 years? Yes No . Is the land listed for sale at the present time? ____________________________ Are there any known mineral deposits on the land? ________________________ 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. ORCHARD (vineyards, orchards, etc.; 20-acre minimum parcel size): Description of use _ Acreage _________________________ __________ __________________________ ___________ TOTAL: ___________ 2. FIELD CROPS, IRRIGATED PASTURE OR IRRIGATED RICE (80-acre min. parcel size): Description of use _ Acreage _________________________ __________ __________________________ ___________ TOTAL: ___________ 3. DRY LAND GRAZING (160-acre minimum parcel size): Description of use _ Acreage _________________________ __________ __________________________ ___________ TOTAL: ___________ 3 of 4 4. OPEN SPACE (wildlife habitat, managed wetlands; 80-acre minimum parcel size): Description of use _ Acreage _________________________ __________ __________________________ ___________ TOTAL: ___________ Land is being used by: Owner 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 all other uses on the property (attach additional sheets as necessary): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 6. List all built structures on the property (attach additional sheets as necessary): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Other information or explanation to support application: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The above statements are certified by the undersigned owners of the property I isted on page one of this application to be complete, true and correct. DATE: / -:l f-2-0 2.-h Signature tf?zt,te14fW~--- (Owner) DATE: __________ Signature ____________ _ (Owner) DATE: __________ Signature ____________ _ (Owner) 4 of 4 CLTA Guarantee Form No. 28 –Condition of Title Guarantee Face Page (06-05-14) Order No. 2202077373-PL Ref No.Guarantee No. A04562-CTG-101793 CONDITION OF TITLE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, GUARANTEES the Assured named in Schedule A of this Guarantee 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: Dated: October 8th, 2025 at 8:00:00 AM Countersigned: By Validating Officer OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 ORT 5314 Page_2_of_7 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule A (06-05-14) Schedule A Order No.2202077373-PL Ref. No. Guarantee No.A04562-CTG-101793 Liability $1,300.00 Date of Guarantee October 8th, 2025 at 8:00:00 AM Fee $1,200.00 1. Name of Assured: Carrdi LLC 2. The estate or interest in the Land which is covered by this Guarantee is: Fee as to Parcel(s) I and II and an Easement as to Parcel(s) I-A 3. The Land referred to in this Guarantee is situated in the unincorporated area of the County of Butte,State of California, and is described as follows: Parcel I: Lot 7, Lot 13, and that portion of Lot 16, described as commencing at the Northwest corner of said Lot 16; thence running South along the county road to the Southwest corner of said Lot 16; thence running East along the line of said Lot 16, a distance of 475 feet; thence in a Northerly direction to point 595 feet East of the Northwest corner of said Lot 16 on the North line of said Lot 16; thence running West 595 feet to the point of beginning, all as designated and delineated on that certain map entitled "Map of Hatch and Rock Orchard Tract, Subdivision No.2", filed in the office of the County Recorder of Butte County, California, on June 9, 1908, in Book 6 of Maps, page 64. Excepting Therefrom Lot 7 all that portion thereof conveyed to Sutter Butte Flood Conrol Agency by Grant Deed recorded August 23, 2021 under Recorder’s Serial No. 2021-0037387, Butte County Records. APN: 025-050-017-000, 025-050-018-000, 025-150-003-000 and 025-150-006-000 Parcel I-A A non-exclusive easement appurtenant to Lot 7, on, over and across existing ramps and roads, as described in that certain Grant Deed recorded August 23, 2021 under Recorder’s Serial No. 2021-0037387, Butte County Records. Parcel II: Lots 16 and 17, according to that certain map entitled "Map of Hatch and Rock Orchard Tract, Subdivision No. 2", filed in the office of the County Recorder of Butte County, California, on June 9, 1908, in Book 6 of Maps, page 64. Excepting Therefrom that portion of said Lot 16, described as follows: Commencing at the Northwest corner of said Lot 16; thence South along the county road to the Southwest corner of said Lot 16; thence East along the line of Lot 16, 475 feet; thence in a Northerly direction to a point 595 feet East of the Northwest corner of Lot 16 on the North line of said Lot 16; thence West 595 feet to the ORT 5314 Page_3_of_7 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule A (06-05-14) point of beginning, as conveyed in that certain deed from W. J. Fiedler and Nellie Fiedler, husband and wife, to Henry L. Larson, dated February 6, 1920, and recorded February 20, 1920, in Book 167 of Deeds, page 212, Butte County Records. APN: 025-150-004-000 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: Carrdi, LLC, a California limited liability company 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_4_of_7 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14) Schedule B Order No.2202077373-PL Ref. No. Guarantee No.A04562-CTG-101793 Liability $1,300.00 Date of Guarantee October 8th, 2025 at 8:00:00 AM Fee $1,200.00 1.Taxes and assessments, general and special, for the fiscal year 2025 -2026, as follows: Assessor's Parcel No :025-050-017-000 Code No.:057-001 1st Installment :$281.48 NOT Marked Paid 2nd Installment :$281.48 NOT Marked Paid Land Value :$49,484.00 2.Taxes and assessments, general and special, for the fiscal year 2025 -2026, as follows: Assessor's Parcel No :025-050-018-000 Code No.:057-012 1st Installment :$532.74 NOT Marked Paid 2nd Installment :$532.74 NOT Marked Paid Land Value :$73,743.00 Imp. Value :$6,371.00 3.Taxes and assessments, general and special, for the fiscal year 2025 -2026, as follows: Assessor's Parcel No :025-150-003-000 Code No.:057-012 1st Installment :$2,790.96 NOT Marked Paid 2nd Installment :$2,790.96 NOT Marked Paid Land Value :$88,287.00 Imp. Value :$195,353.00 P.P. Value :$200,050.00 4.Taxes and assessments, general and special, for the fiscal year 2025 -2026, as follows: Assessor's Parcel No :025-150-004-000 Code No.:057-012 1st Installment :$1,149.38 NOT Marked Paid 2nd Installment :$1,149.38 NOT Marked Paid Land Value :$147,487.00 Imp. Value :$35,114.00 Page_5_of_7 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14) 5.Taxes and assessments, general and special, for the fiscal year 2025 -2026, as follows: Assessor's Parcel No :025-150-006-000 Code No.:057-012 1st Installment :$616.13 NOT Marked Paid 2nd Installment :$616.13 NOT Marked Paid Land Value :$84,602.00 Imp. Value :$10,361.00 6.The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. The herein described property lying within the proposed boundaries of a Community Facilities District, as follows: District No :2014-1 For :Clean Energy Disclosed By :Assessment Map Recorded :November 10, 2015 in Book 10 of Maps of Assessment and Community Facilities Districts, Page 54 Further information may be obtained by contacting: 7. County of Butte 8.Regulations, levies, liens, and assessments, if any, of Sacramento and San Joaquin Drainage District. 9.Rights of the public, County and/or City, in and to that portion of said land lying within the lines of Walnut Avenue, Nixson Avenue and Larkin Road. 10.Easement for levee purposes as contained in that certain Amended Final Decree of Condemnation rendered in the Superior Court of the County of Butte, under Case No. 28748 in favor of Sacramento and San Joaquin Drainage District, dated June 7, 1954. A certified copy of said decree was recorded June 7, 1954, in Book 723 of Butte County Official Records, at page 112. Affects Parcel I Page_6_of_7 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14) 11.Williamson Act –Land Conservation contract, as follows: City/County :Butte Landowner :Carrdi, LLC Recorded :December 18, 1998 in Official Records under Recorder's Serial Number 1998-0054361 Contract/File No :none shown Affects this and other property. 12.An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To :Sacramento and San Joaquin Drainage District For :Present or futurefFlood control Recorded :August 27, 1999 in Official Records under Recorder's Serial Number 1999-0036939 Affects :Parcel I 13.Waiver of any claims for damages to said property by reason of the location, construction, landscaping or maintenance of the freeway adjoining said property, as contained in the deed to the State of California, Recorded :August 27, 1999 in Official Records under Recorder's Serial Number 1999-0036939 Said matters affect Parcel I 14.Matters as contained or referred to in an instrument, Entitled :Grant Deed Executed By :Carrdi, LLC Recorded :August 23, 2021 in Official Records under Recorder's Serial Number 2021-0037387 15.An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument :Easement Deed Granted To :Sutter Butte Flood Control Agency For :Flood control works Recorded :August 23, 2021 in Official Records under Recorder's Serial Number 2021-0037388 Affects :a portion of Parcel I Page_7_of_7 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14) 16.Any unrecorded and subsisting leases. 17.Vesting Deed Grant Deed executed by Jatinder Kullar and Ravinder Kullar, husband and wife to Carrdi, LLC, a California limited liability company recorded December 7, 2023 in Official Records under Recorder's Serial Number 2023-0032030. CLTA Guarantee Exclusions and Conditions (Rev 06-05-14) EXCLUSIONS FROM COVERAGE (Revised 06-05-14) 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 affecting 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 this 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 state 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 as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED An Assured shall notify the Company promptly in writing in case knowledge shall come to the 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 the rights of the Assured under this Guarantee unless the Company shall be prejudiced 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. CLTA Guarantee Exclusions and Conditions (Rev 06-05-14) GUARANTEE CONDITIONS (Continuation) (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 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 or 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 reasonably 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 were 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 obligation 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 OF 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. CLTA Guarantee Exclusions and Conditions (Rev 06-05-14) GUARANTEE CONDITIONS (Continuation) (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. 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 binding upon the parties. Judgment upon the award 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 therefore 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 States 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 the office which issued this Guarantee or to its Home Office at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499, (612) 371-1111.