HomeMy WebLinkAboutReso 92-019 - Approve & Authorize the mayor to execute the ground lease at Turtle Bay entered into between COR & the Alliance of Redding Museums RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE GROUND
LEASE AT TURTLE BAY ENTERED INTO BETWEEN THE CITY OF
REDDING AND THE ALLIANCE OF REDDING MUSEUMS.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves the Ground Lease entered into between the
City of Redding and the Alliance of Redding Museums, a true copy of
which is attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Ground Lease on behalf of
the City of Redding; and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 7th day of January 1992 , and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS.: ARNESS, BUFFUM, FULTON, MOSS & DAHL
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
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MIKE DAHL, Mayor
City of Redding
A ST: FO PROVED: Q�
CONNIE STROHMAYER, C y Clerk R DALL A. HAY City Attorney
Final 1-7-92
a GROUND LEASE
Preamble and Recitals
This lease is entered into on by and between the City of Redding, a
Municipal Corporation, referred to in this lease as "Landlord", and the Affiance of Redding
Museums, a California Non-Profit Corporation, referred to in this lease as 'Tenant".
A. Landlord is the owner of certain real property in the City of Redding, County of
Shasta, State of California, described on Exhibit "A".
B. Tenant desires to lease the Premises (together with certain appurtenant rights and
easements) for the purpose of constructing and operating a Museum Park, appurtenant park-
ing areas and other related improvements (collectively referred to in the lease as "the Im-
provements") pursuant to this lease.
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ARTICLE 1. LEASE OF PREMISES AND TERM OF LEASE
Agreement to Lease
Section 1.01. In Consideration of the construction, establishment, and operation of a
Museum Park on the Premises by Tenant, Landlord agrees to lease the Premises to Tenant on
the terms and conditions set forth on this lease. Unless expressly stated otherwise in the
lease, 'The Premises" includes the real property plus any appurtenances and easements de-
scribed in Exhibit "A", and any improvements now located upon those Premises including but
not limited to the certain structure commonly known as the "Monolith".
Status of Title
Section 1.02. Title to the leasehold estate created by this lease is subject to all excep-
tions, easements, rights, rights-of-way, and other matters of record set forth on the Prelimi-
nary Title Report issued by Redding Title Company dated September 13, 1991, a copy of
which is attached as Exhibit 'B".
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Term of Lease
Section 1.03. The term of this lease shall be for a period of 55 (fifty-five) years
commencing upon the execution of this lease by both parties, unless terminated earlier as
provided under this lease.
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Option to Renew
Section 1.04. Provided that Landlord consents, which consent shall not be unreasonably
refused, Tenant shall have the right to renew this lease for an additional term of 55 (fifty-five)
years upon the all the terms and conditions contained herein. The Option to Renew shall be
q deemed exercised by Tenant, unless Tenant delivers to Landlord at least six months prior to
the expiration of the term, a written election not to renew, and Landlord shall be deemed to
have consented to the renewal if Landlord does not affirmatively reject the renewal at least
three months prior to the renewal date. It is the intent of the parties to allow the long-term
renewal of this lease so long as Tenant's activities are within its purposes as set forth herein,
I without violating the provisions of California Government Code Section 37380. If this provision
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is finally held by courts of competent jurisdiction to violate that Section or its successor, then
the parties nevertheless shall take all reasonable steps to carry out this expressed intent.
Right of First Refusal
Section 1.05. If Landlord sells or offers to sell the Premises or any portion thereof at
any time during the term of this lease, or any extension thereof, Tenant shall have the right to
'i purchase such property being sold or offered for sale on the terms contained in the offer to sell
or any other terms which Landlord has agreed to accept in writing from a prospective purchas-
er. A copy of the offer to sell or the written agreement to sell shall be given to Tenant upon its
execution. Tenant shall have 90 (ninety) days after receipt of such notice to inform Landlord
in writing that it desires to purchase the real property upon the terms contained in the offer or
in the executed agreement. Escrow for the purchase of the property shall close within the time
i set forth in such written agreement or 180 (one hundred and eighty) days, whichever is longer,
plus such additional time as may be reasonably required to obtain necessary permits or appro-
vals from any governmental agency. Failure to exercise the Right of First Refusal shall not
constitute a waiver of the right as to subsequent offers to sell or sales, nor operate to cancel
this lease, which shall remain binding upon any subsequent owner of the property.
jRESERVATION OF ACCESS
Section 1.06. Landlord reserves the right of access across the leased premises for
ingress and egress and utility purposes to property not included in the leased premises. The
exact location of such route or routes shall be determined by the parties as the need may arise
but shall not adversely affect Tenant's activities on thhe premises.
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NORTHERN RIVERFRONT OF PREMISES
Section 1.07. The parties acknowledge that Landlord plans to establish an extension of
the Sacramento River Trail along the Sacramento River within a portion of the premises. Ten-
ant's activities therefor will not interfere with the development of the Sacramento River river-
front within fifty feet from the top of the river bank for such and similar purposes, but Land-
lord's development in that zone shall be compatible with Tenant's activities, purposes, and
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development of the premises.
USE OF PARKING LOTS
Section 1.08. The parties acknowledge that the use of the premises by Tenant and the
use of Landlord's adjoining property by the public may from time to time require overflow
parking. Landlord and Tenant shall therefor have reciprocal rights for such overflow parking
upon the other's parking lots. Such parking rights shall be coordinated by the parties with due
regard for the needs of the other party. However, each party shall have the right to reserve a
reasonable number of parking spaces which shall not be subject to pre-emption by the other
party.
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ARTICLE 2. RENT
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Minimum Rent
Section 2.01. As consideration for the execution of this lease and as rent, Tenant
agrees to undertake the construction and operation of a Museum Park upon the Premises. The
park shall consist of museums which shall be open to the public and dedicated to serve the
public, and may include meeting rooms, food and banquet facilities, gift shops, educational and
scientific research activities, and other facilities and activities which are normal and appropriate
for museums.
No Partnership or Joint Venture
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Section 2.02. Nothing in this lease shall be construed to render the Landlord in any way
or for any purpose a partner, joint venturer, or associate in any relationship with Tenant other
than that of Landlord and Tenant, nor shall this lease be construed to authorize either to act as
agent for the other.
'j ARTICLE 3. USE OF PREMISES
Permitted Use
Section 3.01. Tenant shall use the Premises solely for the purpose of constructing and
operating a Museum Park and related facilities and activities, including but not limited to
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museums open to the public, meeting rooms, research and educational facilities and programs,
food and banquet services, gift shops, pathways and common areas.
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Compliance With Laws
Section 3.02. Tenant shall comply with all statutes, ordinances, regulations and re-
quirements of all governmental entities relating to Tenant's use and occupation of the premis-
es.
Prohibited Uses
Section 3.03 Tenant shall not knowingly use or permit the Premises or any portion of
the Premises to be improved, developed, used or occupied in any manner or for any purpose
that is in any way in violation of any valid law, ordinance, or regulation of any federal, state,
county, or local governmental agency, body or entity. Furthermore, Tenant shall not maintain,
commit, or permit the maintenance or commission of any nuisance as now or hereafter defined
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by any statutory or decisional law applicable to the Premises or any part of the Premises.
Landlord acknowledges, however, that the historic exemption of the Redding Museum of Art
and History and the other museums which shall occupy the premises from the operation of
Policy 13 (also known as Resolution Number 4148, Policy Number 1201) of the Redding City
Council (relating to the use of City of Redding property for fund-raising purposes) shall contin-
ue upon the premises.
No Discrimination
Section 3.04. Tenant shall make its activities and services available to members of the
public without discrimination as to race, color, creed, religion, sex, age, national origin or any
other reason forbidden by law. Tenant shall have the right to charge reasonable fees and
charges and to promulgate and enforce reasonable rules relating to the facilities and shall have
the privilege to refuse admittance to any person or persons for any just and lawful cause.
ARTICLE 4. TAXES AND UTILITIES
Tenant to Pay Taxes
Section 4.01. Except to the extent that all or part of the property or activities of Tenant
or subtenant may be exempt from taxation, Tenant shall pay during the term of this lease,
without abatement, deduction, or offset, any and all real and personal property and possessory
interest taxes levied or assessed during the term of this lease by any governmental agency or
entity on or against the Premises, the Improvements, and the leasehold estate created by this
lease. Any such taxes shall be prorated to take into account the beginning and end of this
lease. Any such taxes and assessments paid by Tenant shall be paid at least ten days before
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the delinquency date. Tenant shall give Landlord proof of the payment of such taxes. If any
such taxes or assessments are payable in installments, Tenant shall have the right to make
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such installment payments, even if by so doing the Premises would become encumbered by
bonds.
Utilities
Section 4.02. Tenant shall pay for all utility services required to operate all Tenant-
provided facilities within the Museum Park.
ARTICLE 5. CONSTRUCTION BY TENANT
Duty to Construct
'! Section 5.01. Tenant shall, at Tenant's sole cost and expense, undertake to construct
or cause to be constructed on the Premises, a Museum Park, according to the terms and
conditions specified in this Article or elsewhere in this lease. However nothing in this lease shall
prevent Landlord from agreeing to contribute to the cost of such construction by providing
services, materials, funds, assistance in obtaining funds or any other assistance.
Master Plan Approval
Section 5.02. No structure or other improvement of any kind shall be constructed on
the Premises unless and until the master plan for the general location for the museums and
other major improvements upon the Premises have been approved in writing by Landlord.
Preparation and Submission of Plans
Section 5.03. Tenant shall, at Tenant's own cost and expense, engage licensed archi-
tects and/or engineers to prepare plans and specifications for the Museum Park and the
improvements therein, and within two years after the execution of this lease shall deliver to
Landlord, at least two copies of the plans and specifications and construction cost estimates
for the construction of the first phase of the Museum Park. Tenant shall likewise comply with
applicable laws and rules relating to Premises for the construction of improvements upon the
Premises. At least two copies of additional plans and specifications for subsequent phases of
the Museum Park shall likewise be delivered to the Landlord prior to the commencement of
construction of such subsequent phases.
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! Compliance With Law and Standards
Section 5.04. The Museum Park shall be constructed, all work on the Premises shall be
performed, and all buildings or other improvements on the Premises shall be erected in accor-
dance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or
local governmental agencies or entities having jurisdiction over the Premises; provided, howev-
er, that any structure or other improvement erected on the Premises, including the Museum
Park, shall be deemed to have been constructed in full compliance with all such valid laws,
ordinances, regulations, and orders when a valid final Certificate of Occupancy entitling Tenant
and subtenants of Tenant to occupy and use the structure or other improvement has been duly
issued by proper governmental agencies or entities. All work performed on the Premises
pursuant to this lease, or authorized by this lease, shall be done in a good workmanlike manner
and only with quality materials and high standard.
Time for Commencement and Completion
Section 5.05. Tenant shall cause construction of the Museum Park or the first phase
thereof to be commenced as soon as reasonably possible after Tenant has secured the neces-
sary funding, commitment to fund or grant money, which Tenant believes is reasonably neces-
sary to complete such phase, taking into account Tenant's reasonable belief as to funding
which may become available after commencement of construction. Tenant shall cause con-
struction of the Museum Park thereafter to be diligently pursued without unnecessary interrup-
tion. Tenant shall be excused for any delays in construction or commencement of construction
caused by the act of Landlord, the act of any agent of Landlord, the act of any governmental
authority, the act of any public enemy, acts of God, the elements, war, war defense condi-
tions, litigation, strikes, walkouts, or other causes beyond Tenant's control. Tenant shall,
however, use reasonable diligence to avoid any such delay and to resume construction as
promptly as possible after the delay. Unless Tenant has spent or contractually committed to
' spend at least $5,000,000 in the planning, design, administration, and construction before ten
years after the execution of this lease, Landlord shall have the right to review this lease and
Tenant's performance and shall have the right to terminate this lease if reasonable perfor-
mance, under all the circumstances, has not been accomplished.
Mechanics' Liens
Section 5.06. At all times during the term of this lease, Tenant shall keep the Premises
and all Improvements now or hereafter located on the Premises free and clear of all liens and
claims of liens for labor, services, materials, supplies, or equipment performed on or furnished
to the Premises.
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Zoning and Use Permits
Section 5.07. Should Tenant deem it necessary or appropriate to obtain any use permit,
variance, or rezoning of the Premises in Order to construct or operate the Museum Park,
Landlord agrees to execute any documents, petitions, applications, and authorizations that may
be necessary or appropriate and hereby appoints Tenant as Landlord's attorney in fact to
execute in the name and on behalf of Landlord any such documents, petitions, applications, or
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authorizations.
Ownership of Improvements
Section 5.08. Title to all Improvements, including the Museum Park, to be constructed
on the Premises by Tenant shall be owned by Tenant until the expiration of this lease (including
renewal terms) or earlier termination of this lease on account of a default by Tenant, at which
time title shall pass to Landlord without cost to Landlord . Tenant shall surrender Improve-
ments to Landlord upon the expiration of the term or earlier termination caused by the default
of Tenant, free and clear of all liens and encumbrances, other than those, if any, permitted
under this lease or otherwise consented to by Landlord. However, if this lease is terminated on
account of any default by Landlord or the exercise of any Right of Eminent Domain or other
taking of the Premises, then title to the Improvements shall pass to Landlord or to the entity
doing the taking but compensation for the value of such improvements shall be paid to and
belong to Tenant, so that Tenant shall have the means and ability to carry on its purposes by
use of other facilities or other means.
ARTICLE 6. ENCUMBRANCE OF LEASEHOLD ESTATE
Tenant's Right to Encumber
Section 6.01. Tenant may, at any time and from time to time during the term of this
lease, encumber to any institutional lender regulated by state or federal authority (referred to in
this lease as a "Lender"), by deed of trust or mortgage or other security instrument, all of
Tenant's interest under this lease and the leasehold estate hereby created in Tenant (referred
to in this lease as a "Leasehold Encumbrance") for any purpose or purposes without the
consent of Landlord. However, no Leasehold Encumbrance incurred by Tenant pursuant to this
Section shall, and Tenant shall not have power to incur any encumbrance that shall, constitute
in any way a lien or encumbrance on the Landlord's fee interest in the Premises. Any lease-
hold Encumbrance shall be subject to all covenants, conditions, and restrictions set forth in this
lease and to all rights and interests of Landlord, except as otherwise provided in this lease.
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Tenant shall give Landlord prior written notice of any Leasehold Encumbrance, together with a
copy of the deed of trust, mortgage, or other security interest evidencing the Leasehold
Encumbrance.
Notice to and Service on Lender
Section 6.02. Landlord shall mail to any Lender who has given Landlord a written notice
of its name and address, a duplicate copy of any and all notices Landlord may from time to
time give to or serve on Tenant pursuant to or relating to this lease, including but not limited to
any notice of default, notice of termination or notice regarding any matter on which Landlord
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may predicate or claim a default. Any notices or other communications permitted by this or
any other section of this lease or by law to be served on or given to Lender by Landlord shall
be deemed dulyserved on or given to Lender when
9 deposited in the United States mail first-
class postage prepaid, addressed to Lender at the last mailing address for Lender furnished in
writing by the Lender to Landlord.
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No Modification Without Lender's Consent
Section 6.03. For as long as there is any Leasehold Encumbrance in effect, Tenant and
:i Landlord hereby expressly stipulate and agree that they will not modify this lease in any way
nor cancel this lease by mutual agreement without the written consent of Lender having that
Leasehold Encumbrance.
Right of Lender to Realize on Security
Section 6.04. A Lender with a Leasehold Encumbrance shall have the right at
any time during the term of this lease and the existence of this encumbrance to:
(a) Do any act or thing required of Tenant under this lease,
and any such act or thing done and performed by Lender
shall be as effective to prevent a forfeiture of Tenant's
rights under this lease as if done by Tenant;
(b) Realize on the security afforded by the leasehold estate
by foreclosure proceedings, accepting an assignment in
lieu of foreclosure, or other remedy afforded in law or
in equity or by the security instrument evidencing the
Leasehold Encumbrance (referred to in this lease as "the
Security Instrument") and to:
(1) Transfer, convey, or assign the title of Tenant to
the leasehold estate created by this lease to any
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purchaser at any foreclosure sale, whether the
foreclosure sale is conducted pursuant to court
order or pursuant to a power of sale contained in
the Security Instrument, or to an assignee pursuant
to an assignment in lieu of foreclosure; and
(2) Acquire and succeed to the interest of Tenant under
this lease by virtue of any foreclosure sale,
whether the foreclosure sale is conducted pursuant
to a court order or pursuant to a power of sale
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of an assignment in lieu of foreclosure.
The Lender or any person or entity acquiring the leasehold estate shall be liable to per-
form Tenant's obligations under this lease only during the period, if any, in which that entity or
person has ownership of the leasehold estate or possession of the Premises.
Right of Lender to Cure Defaults
Section 6.05. For as long as there is in effect any Leasehold Encumbrance, before
Landlord may terminate this lease because of any default under or breach of this lease by
Tenant, Landlord must give written notice of the default or breach to Lender and afford Lender
the opportunity after service of the notice to:
(a) Cure the breach or default within 90 days after
expiration of the time period granted to the Tenant under
this lease for curing a default, when the default can be
cured by the payment of money to Landlord or some other
person;
(b) Cure the breach or default within 120 days after
expiration of the time period granted to the Tenant
under this lease for curing a default, when the breach or
default must be cured by something other than the payment
i of money and can be cured within that time; or
(c) Cure the breach or default in any reasonable time that
may be required when something other than money is
required to cure the breach or default and cannot be
performed within 60 days after expiration of the time
period granted to the tenant under this lease for curing
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a default, provided that acts to cure the breach or
default are commenced within that time period after
service of notice of default on Lender by Landlord and
are thereafter diligently continued by Lender.
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Transfer of Title Upon Foreclosure
Section 6.06. Any person or entity who acquires title to the leasehold interest or any
person thereof as a result of foreclosure shall be required to carry out the functions of the
Tenant upon the Premises unless otherwise excused by Landlord and shall establish one or
more non-profit corporations or similar entities for that purpose. However, Landlord shall have
the sole discretion to determine the nature of the activities to be carried on by such entity on
the Premises if such activities differ in any material respect from those carried on by Tenant or
its subtenants in the operation of the Museum Park. Landlord shall not be required to accept
such entity as a successor Tenant under this lease nor to execute or to negotiate a new lease
with such successor tenant if the conduct of such activities which materially differ from those
of Tenant and the operation of the Museum Park are not approved by Landlord.
Lender as Assignee of Lease
Section 6.07. No Lender under any Leasehold Encumbrance shall be liable to Landlord
as an assignee of this lease unless and until Lender acquires all rights of Tenant under this
lease through foreclosure, an assignment in lieu of foreclosure, or as a result of some other
action or remedy provided bylaw or by the instrument creating the Leasehold Encumbrance.
Two or More Lenders
Section 6.08. In the event two or more Lenders each exercise their right under this
lease and there is a conflict that renders it impossible to comply with all requests of the
Lenders, the Lender whose Leasehold Encumbrance would have senior priority in the event of a
foreclosure shall prevail.
ARTICLE 7. REPAIRS AND RESTORATION
Maintenance by Tenant
Section 7.01. During the term of this lease Tenant shall, at Tenant's own cost and
expense, keep and maintain the Premises in first-class condition, in good order and repair, and
in a safe and clean condition.
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Tenant's Duty to Restore Premises
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Section 7.02. If at any time during the term of this lease, any Improvements now or
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hereafter on the premises are destroyed in whole or in part by fire, theft, the elements, or any
other cause not the fault of Landlord, this lease shall continue in full force and effect and
Tenant, at Tenant's own cost and expense, shall repair and restore the damaged improve-
ments or construct other appropriate improvements or exhibits. The work of repair and resto-
ration shall be commenced by Tenant within 180 days after the damage or destruction occurs
and shall be completed with due diligence after the work is commenced. In all other respects,
the work of repair and restoration shall be done in accordance with the requirements for original
construction work on the Premises set forth in Article 5 of this lease. Tenant's obligation for
restoration described in this Section shall not be required to exceed insurance proceeds which
become available because of such damage or destruction.
Option to Teminate Lease for Destruction
Section 7.03. Notwithstanding Section 7.02 of this lease, Tenant shall have the right to
terminate this lease if, during the last 20 years of the term of this lease or any renewal term,
the Improvements are damaged or destroyed and the cost to repair or restore the damaged or
destroyed Improvements exceeds 50 percent of the fair market value of the Improvements
immediately prior to the damage or destruction.
ARTICLE 8. INDEMNITY AND INSURANCE
Indemnity Agreement
Section 8.01. Tenant shall indemnify and hold Landlord and the Property of Landlord,
including the Premises and Improvements now or hereafter on the Premises, free and harmless
from any and all liability, claims, loss, damages, or expenses resulting from Tenant's occupa-
tion and use of the Premises, specifically including, without limitation, any liability, claim, loss,
damage, or expense arising by reason of:
(a) The death or injury of any person, including Tenant or
any person who is an employee or agent of Tenant, or by
reason of the damage to or destruction of any property,
including property owned by Tenant or by any person who
is an employee or agent of Tenant, from any cause
whatever while that person or property is in or on the
Premises or in any way connected with the Premises or
with any of the Improvements or personal property on the
Premises;
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(b) The death or injury of any person, including Tenant or
any person who is an employee or agent of Tenant, or by
reason of the damage to or destruction of any property,
including property owned by Tenant or any person who is
an employee or agent of Tenant, caused or allegedly
caused by either
(1) the condition of the Premises or
some building or improvement on the Premises, or
(2) some act or omission on the Premises of Tenant or
any person in, on, or about the Premises with the
j permission and consent of Tenant;
(c) Any work performed on the Premises or materials furnished
to the Premises at the instance or request of Tenant or
any person or entity acting for or on behalf of Tenant;
or
(d) Tenant's failure to perform any provision of this lease
or to comply with any requirement of law or any
requirement imposed on Tenant or the Premises by any duly
authorized governmental agency or political subdivision.
Insurance
Section 8.02 Tenant shall procure and maintain for the duration of the lease insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the tenant's operation and use of the leased premises. The cost of such
insurance shall be borne by the tenant. The limits of the insurance shall be subject to negotia-
tion and reasonable increase or decrease at the beginning of each five (5) years of this lease.
(a) Coverage shall be at least as broad as, with limits no less than:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CB 0001), at $1,000,000 per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a
general aggregate limit is used, the general aggregate limit
shall be twice the required occurrence limit.
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(2) Workers' Compensation insurance as required by the State
of California and Employer's Liability insurance (for tenants
with employees), at $1,000,000 per accident for bodily injury
' or disease.
(3) Property insurance against all risks of loss, including
flood, if required, to any tenant improvements or betterments,
at full replacement cost with no coinsurance penalty provision.
(4) Course of Construction Insurance Form providing coverage for
"all risks" of loss, at completed value of the project.
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(b) The general liability policy is to be endorsed to contain the following provisions:
(1) The City, its officers, officials, employees and volunteers are
to be covered as insureds as respects: liability arising out of
premises owned, occupied or used by the tenant. The coverage shall
contain no special limitations of the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
(2) The tenant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of the tenant's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect
coverage provided to the City, its officers, officials, employees
or volunteers.
(4) Coverage shall state that the tenant's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed
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to state that coverage shall not be suspended, voided, canceled,
'i reduced in coverage or in limits except after thirty (30) days'
prior written notice has been given to the City.
j (c) Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects
the City, its officers, officials, employees and volunteers; or the lessee
'I shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
(d) For as long as there is any Leasehold Encumbrance in existence, the property
policy shall also contain a standard lender endorsement. However, tenant shall
not be required to obtain such insurance until the actual construction of the
Museum Park.
(e) Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII and licensed to do business in the State of California.
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(f) Tenant shall furnish the City with original endorsements effecting coverage
required by this section. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All endorsements
are to be received and approved by the City before work commences.
Deposit of Insurance With Landlord and Lender
Section 8.03. Tenant shall, within 60 days after insurance is required by this lease and
promptly thereafter when any such policy is replaced, rewritten or renewed, deliver to Landlord
and to Lender a true and correct copy of each insurance policy required by this Article of this
i lease or a certificate executed by the insurance company or companies or their authorized
agent evidencing that policy or policies.
Notice of Cancellation of Insurance
Section 8.04. Each insurance policy required under this Article shall contain a provision
that it cannot be canceled for any reason unless at least 30 (thirty) days prior written notice of
the cancellation is given to Landlord and to Lender in the manner required by this lease for
service of notices on Landlord by Tenant.
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ARTICLE 9. EMINENT DOMAIN
' Option to Terminate Upon Taking
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Section 9.01. If there is a taking under the power of eminent domain by any public or
quasi-public authority of the entire Premises, or such a portion thereof, that Tenant deems
jthat the operation of the Museum Park is adversely effected, then Tenant shall have the
option to terminate this lease as of the date title becomes vested in the entity exercising the
power of eminent domain, or the date actual physical possession is taken by such entity, or
whichever occurs first, and the parties shall thereon be released from any liability to the other
thereafter accruing.
Condemnation Award
Section 9.02. Any compensation or damages awarded or payable because of the taking
of all or any portion of the Premises by eminent domain shall be allocated between Landlord and
Tenant as follows:
(a) All compensation or damages awarded or payable for the
taking by eminent domain of any land that is part of the
Premises shall be paid to and be the sole property of
Landlord, free and clear of any claim of Tenant or any
person claiming rights through or under Tenant.
(b) All compensation or damages awarded or payable because of
any Improvements constructed on the Premises which are
taken by eminent domain shall be paid to and be the sole
property of Tenant free and clear of any claim of
Landlord. in -
rt /'�✓�
c -p�e�ises-�
i
'(c) Any severance damages awarded or payable because only a
portion of the Premises is taken by eminent domain shall
be used to the extent required by this lease to replace
any improvements or parking areas so taken. To the
extent that such use of severance damages is not
15
._ y • •
• r P
required,then the severance damages shall be payable to
and be the sole property of Tenant, free and clear of any
claim of Landlord.
I
I
Restoration by Tenant
Section 9.03. Tenant shall have the right to use funds received from any partial taking
i
to construct, improve or enhance improvements or programs upon the Premise which are in
keeping with the purpose of the Museum Park, but shall not be required to replace or restore
the very thing that was taken by such exercise of the power of eminent domain.
Voluntary Conveyance in Lieu of Eminent Domain
Section 9.04. A voluntary conveyance by Landlord of title to all or a portion of the
Premises to a public or quasi-public agency or entity in lieu of and under threat by that agency
or entity to take it by eminent domain proceedings shall be considered a taking of title to all or
a portion of the Premises under the power of eminent domain subject to the provisions of this
Article.
ARTICLE 10. ASSIGNMENT AND SUBLEASING
No Assignment Without Landlord's Consent
Section 10.01. Tenant shall have the right to sublease portions of the Premises
to museums which are associated with Tenant and to other persons or entities for purposes
and uses which are incident and normal to the use of museums, such as gift shops and food
service facilities. Tenant shall not assign this lease or any interest thereon and shall not sub-
lease the Premises or any portion thereof to any other persons without the prior written cons-
ent of Landlord. Such consent, however, shall not be unreasonably refused. A consent by
Landlord to one assignment or sublease shall not be deemed a consent to any subsequent
assignment or sublease. Neither this lease nor any interest therein shall be assignable as to
the Tenant's interest by operation of law, without the written consent of Landlord. If Tenant's
existence is terminated but it is succeeded by one or more public or private entities among
whose functions and purposes is the development and opperation of the Museum Park, this
lease shall be deemed assigned to such successors unless Landlord reasonably establishes
that such assignment does not further the development and operation of the Museum Park. If
Tenant's existence is otherwise terminated, the rights of any subleasees, including museum
operators, shall be recognized and their subleases shall be subject only to reasonable modifica-
tion under the circumstances.
16
i
ARTICLE 11. DEFAULT AND REMEDIES
Breach and Default by Tenant
Section 11.01. All covenants and agreements contained in this lease are declared to be
conditions to this lease. Should Tenant fail to perform any covenant, condition, or agreement
contained in this lease and the default not be cured within 120 days after written notice of the
default is served on Tenant by Landlord, then Tenant shall be in default under this lease. Upon
breach by Tenant, Landlord shall have the right to terminate this lease by written notice or to
bring an action in court of competent jurisdiction to require Tenant to specifically perform the
conditions and covenants of this lease.
Breach by Landlord
Section 11.02. All covenants and agreements contained in this lease to be performed
by Landlord are likewise declared to be conditions to this lease. Should Landlord fail to perform
any such covenants, conditions, or agreements and the default is not cured within 120 days
after written notice of the default is served upon Landlord by Tenant, then Landlord shall be in
default under this lease. If the default is not cured within the cure period, Tenant shall have all
rights allowed by law in addition to the right to terminate this lease, maintain an action against
Landlord for specific performance, damages, declaratory relief or other appropriate proceed-
ings. The parties acknowledge that the Tenant exists for the purpose of constructing, operat-
ing and providing Museum services for the benefit of the public and that the carrying out of
such purpose would be severely hampered or made impossible by the termination of this lease
without adequate compensation. Therefore, if Tenant terminates the lease because of Land-
lord's breach not cured during the cure period, and Tenant may elect to recover as damages
from Landlord, the value at the time of termination of the Improvements installed by Tenant.
The valuation, in such event, shall take into account the purpose for which the Improvements
were constructed and the continuing suitability of the Premises for a Museum Park.
ARTICLE 12. TERMINATION
Surrender of Premises
Section 12.01. On expiration or earlier termination of this lease, Tenant shall surrender
the Premises and all Improvements in or on the Premises to Landlord in as good, safe, clean
condition as practicable, reasonable wear and tear excepted and subject to Tenant's rights for
compensation. Except as set forth herein upon such expiration or earlier termination, Tenant
and its subtenants shall have the right to remove all of their personal property, exhibits, and
trade fixtures.
17
ARTICLE 13. MISCELLANEOUS
Force Majeure
1 Section 13.01. Except as otherwise expressly provided in this lease if theerforman
p ce
of any act required by this lease to be performed by either Landlord or Tenant is prevented or
'I
delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials
i
or adequate financing, restrictive governmental laws or regulations, or any other cause not the
fault of the party required to perform the act, the time for performance of the act will be
extended for a period equivalent to the period of delay and performance of the act during the
period of delay will be excused.
Attorney's Fees
Section 13.02. Should any litigation be commenced between the parties to this lease
concerning the Premises, this lease, or the rights and duties of either in relation thereto, the
party prevailing in that litigation shall be entitled, in addition to any other relief that may be
granted in the litigation, to a reasonable sum as and for the party's attorney's fees in that liti-
gation that shall be determined by the court in that litigation or in a separate action brought for
that purpose.
Notices to Landlord or Tenant
Section 13.03. Notices to be given pursuant to this lease shall be given in person or by
First Class, Registered, or Certified Mail, postage prepaid, and addressed as follows, unless
and until a subsequent address is given by one party to the other:
(1) To Landlord: c/o City Manager, City Hall
760 Parkview Avenue
Redding, CA 96001-3396
(2) To Tenant: P.O. Box 494516
Redding, CA 96049-4516
Governing Law
Section 13.04. This lease, and all matters relating to this lease, shall be governed by
the laws of the State of California in force at the time any need for interpretation of this lease
or any decision or holding concerning this lease arises.
18
Binding on Heirs and Successors
Section 13.05. This lease shall be binding on and shall inure to the benefit of the suc-
cessors and assigns of the parties hereto.
Partial Invalidity
Section 13.06. If any provision of this lease is held by a court of competent jurisdiction
to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in
full force and effect unimpaired by the holding, if the invalid, void or unenforceable part may be
severed from the entire lease without defeating the intent of this agreement.
Sole and Only Agreement
Section 13.07. This instrument constitutes the sole and only agreement between Land-
lord and Tenant respecting the Premises, the leasing of the Premises to Tenant, the construc-
tion of the Museum Park described in this lease on the Premises, and the lease terms set forth
in this lease, and correctly sets forth the obligations of Landlord and Tenant to each other as of
its date. Any agreements or representations respecting the Premises, their leasing to Tenant
by Landlord, or any other matter discussed in this lease not expressly set forth in this instru-
ment are null and void.
Time of Essence
Section 13.08. Time is expressly declared to be of the essence of this lease.
Memorandum of Lease
Section 13.09. Neither party shall record this lease without the written consent of the
other, but either will, at the request of the other, execute a memorandum of this lease for the
purposes of recording in a form suitable for recordation. Such memorandum shall describe the
parties, the description of the leased premises, specify the term of this lease, incorporate this
lease by reference, and include any other provisions reasonably requested by either party.
EXECUTED on at Redding, California.
LANDLORD
Printed Name and Title
/• �./• ��ary� —v0'7 l'.t e TENANT
Prin a an Title
° 19
I
October 7, 1991
Job 91. 115
Alliance of Redding Museums
Turtle Bay, Parcel 1
Exhibit A
A parcel of land, situated in a portion of Sections 11 and 13 of
the P.B. Reading Grant, City of Redding, County of Shasta, State of
i California, said parcel more particularly described as follows:
Beginning at a point on the northerly line of California Highway
299 as shown on that certain map entitled 'STATE OF CALIFORNIA
DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION
IN SHASTA COUNTY ON ROUTE 299 P.M 24.5 TO P.M 25.7, Sheet 3 of 4,
as recorded in Book 36 of Land Surveys at Page 79, Shasta County
Records, said point being at Station 51+90, 187 ' left per said map;
thence from said Point of Beginning, along the northerly right-of-
way of said highway South 63 °25122" East (South 63 °32122" East per
said map) 64 . 28 feet; thence South 72° 14122" East 255.80 feet;
thence South 84025140" East 354.04 feet; thence leaving said right-
of-way, North 47°38149" East 736. 12 feet; thence North 63 °26106"
East 212 .43 feet; thence North 25°04103" West 342 .24 feet; thence
South 86'47104" West 445.70 feet; thence North 28°09122" West
805.29 feet; thence South 83013157" West 541.41 feet; thence South
57°21118" West 169. 07 feet; thence South 54037111" East 423 . 14
feet; thence South 08007148" East 70. 71 feet; thence South
36015114" West 279. 02 feet; thence South 15°31127" East 186. 35
feet; thence South 29006145" West 305. 69 feet; thence South
05° 34120" West 147 . 09 feet to a point on the northerly line of said
Highway 299 at the Butte St. Interchange as shown on said map;
thence along said northerly line, South 84°25140" East 35. 00 feet;
thence from a tangent bearing South 05°34120" West, along a curve
to the left having a radius of 100. 00 feet, a central angle of
44°04126" and an arc distance of 76. 92 feet; thence South 52 °03100"
East 143 . 69 feet to the Point of Beginning. The above described
parcel contains 33 .53 acres more or less.
' 1
October 7, 1991 - -
Job 91. 115
Alliance of Redding Museums
Turtle Bay, Parcel 2
Exhibit A
A parcel of land, situated in the southeast one-quarter of Section
25; Township 32 North, Range 4 West, M.D.M. , and Sections 11 and 13
of the P.B. Reading Grant, all within the City of Redding, County
of Shasta, State of California, said parcel being described in
three (3) parts, designated herein as A through C, each being more
particularly described as follows:
Part A
Commencing at a point on the northerly line ofIF'California Highway
299 as shown on that certain map entitled "STATE OF CALIFORNIA
DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION
IN SHASTA COUNTY ON ROUTE 299 P.M. 24 . 5 TO P.M 25.7, Sheet 3 of 4,
as recorded in Book 36 of Land Surveys at Page 79, Shasta County
Records, said point being at Station 51+90, 187 ' left per said map;
thence from said point, along the northerly right-of-way of said
highway the following, South 63025122" East (South 63032122" East
per said map) 64.28 feet; thence South 72014122" East 255.80 feet;
thence South 84°25140" East 354. 04 feet; to the Point of Beginning;
thence from said Point of Beginning, leaving said right-of-way,
North 47°38149" East 736. 12 feet; thence South 26°33154" East
645.28 feet to a point on said northerly right-of-way; thence along
said northerly right-of-way, North 84 °25140" West 836. 53 feet to
the Point of Beginning. The above described Part A contains 5.25
acres more or less.
Part B
Commencing at a point on the northerly line of California Highway
299 as shown on that certain map entitled "STATE OF CALIFORNIA
DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION
IN SHASTA COUNTY ON ROUTE 299 P.M. 24 . 5 TO P.M. 25. 7, Sheet 3 of 4,
as recorded in Book 36 of Land Surveys at Page 79, Shasta County
Records, said point being at Station 51+90, 187 ' left per said map;
thence from said point, along the northerly right-of-way of said
highway the following, South 63 °25122" East (South 63 °32122" East
per said map) 64.28 feet; thence South 72° 14122" East 255.80 feet;
thence South 84025140" East 354 . 04 feet; thence leaving said right-
of-way, North 47038149" East 736. 12 feet; thence North 63026106"
East 212.43 feet to the Point of Beginning of this parcel; thence
from said Point of Beginning, South 25004103" East 85.00 feet;
thence North 57°22137" East 550. 90 feet; thence North 01010109"
East 245.05 feet; thence North 74034140" East 150. 42 feet more or
2
less to a point on the westerly water line of a bypass channel of
the Sacramento River; thence along said westerly water line, North
15° 15 ' 18" West 171. 03 feet; thence leaving said westerly water
line, South 72°53150" West 136. 01 feet more or less to a point
which bears North 37°00'-54'" East 789 . 00 feet from the hereinabove
described Point of Beginning; thence South 62042102" West 697.71
feet; thence South 25°04103" East 342 . 24 feet to the Point of
Beginning. The above described Part B contains 6. 34 acres more or
less.
Part C
Commencing at a point on the northerly line of California Highway
299 as shown on that certain map entitled "STATE OF CALIFORNIA
DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION
IN SHASTA COUNTY ON ROUTE 299 P.M. 24. 5 TO P.M. 25.7, Sheet 3 of 4,
as recorded in Book 36 of Land Surveys at Page 79,Shasta County
Records, said point being at Station 51+90, 187 ' left per said map;
thence from said point, along the northerly right-of-way of said
highway the following, South 63 °25122" East (South 63032122" East
per said map) 64 . 28 feet; thence South 72° 14122" East 255.80 feet;
thence South 84°25140" East 354 .04 feet; thence leaving said right-
of-way, North 47°38149"East 736. 12 feet; thence North 63 °26106"
East 212 .43 feet; thence North 25°04103" West 342.24 ' feet; thence
South 86°47104" West 226. 56 feet more or less to a point on the
westerly line of an existing Pacific Gas & Electric easement and
the Point of Beginning; thence from said Point of Beginning,
continuing South 86047104" West 219. 14 feet more or less to a point
which bears North 47°20136" East 1084 . 35 feet from said point at
Station 51+90. 187 ' left on the northerly line of California
Highway 299 as shown said map entitled "STATE OF CALIFORNIA
DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION
IN SHASTA COUNTY ON ROUTE 299 P.M 24 .5 TO P.M 25.7, Sheet 3 of 4,
as recorded in Book 36 of Land Surveys at Page 79, Shasta County
Records; thence North 28°09122" West 805. 29 feet; thence South
83013157" West 541.41 feet; thence South 57°21118" West 169.07
feet; thence North 34° 19116" East 629. 62 feet plus or minus to a
point on the South bank of the Sacramento River; thence Easterly
along said river bank North 84 ° 17122" East 201. 00; thence Southerly
along said river bank South 16°23122" East 177.20 feet; thence
Easterly along said same river bank North 90000100" East 668.49
more or less to a point on the westerly line of said existing
Pacific Gas & Electric easement; thence southerly along said
westerly line of said easement South 00020100" East 912 . 72 feet
more or less to the Point of Beginning. The above described Part
C contains 13 . 58 acres more or less.
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R E D& N G TITLE COMPANIS EXHIBIT B
' Issuing Policies of STEWART TITLE GUARANTY COMPANY
P R E L I M I N A R Y R E P O R T
ISSUED FOR THE SOLE USE OF:
Alliance of Redding Museums Our Order No. 61573
P.O. Box 185 Reference: City of Redding
I Redding, CA 96099
Attn: Larry Hopson Richard H. Carter
'I
Special Projects
444 E. Cypress Avenue
Redding, CA 96002
Phone: (916) 223-1505
FAX: (916) 223-0752
In response to the above referenced application for a policy of title insurance, STEWART
TITLE GUARANTY COMPANY hereby reports that it is prepared to issue, or cause to be issued,
as of the date. hereof, a Policy or Policies of Title Insurance describing the land and
the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
,i The printed Exceptions and Exclusions from the coverage of said Policy or Policies are
set forth in the attached list. Copies of the Policy forms should be read. They are
available from the office which issued this report.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE
OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED
HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF
TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dated as of : September 13, 1991 at 7:30 a.m. r �
Richard H. Carter
Title Officer jd
The form of policy of title insurance contemplated by this report is:
CLTA Owner's
The estate or interest in the land hereinafter described or referred to covered by this
report is: A fee.
Title to said estate or interest at the date hereof is vested in:
The City of Redding, a municipal corporation as to Parcels One thru Twenty-One and The
Redding Redevelopment Agency as to Parcel Twenty-Two
STEWART TITLE
GUARANTY COMPANY
Order No. 61573 O •
I DESCRIPTION
PARCEL ONE:
All that certain real property situated in the City of Redding, Shasta County,
California, being a portion of Unsubdivided Redding, more particularly described
as follows:
COMMENCING at the intersection of the Easterly line of Continental Avenue and
the Northerly line of Butte Street in the City of Redding, Shasta County,
California; thence on and along the Northerly line of Butte Street, North 72020'
East, 1089.50 (1090.00 record) feet to a point on the Westerly line of that
certain parcel of land recorded in the office of the Shasta County Recorder May
5, 1942 in Book 2 of Transcripts of Judgement at Page 386, Shasta County
Records; thence along said judgement line, North 72020' East, 895.46 feet to a
point, said point being designated as "D-4"; thence North 37030' East, 48.00
feet; thence North 11°16' 58" East, 7.51 feet; thence North 5034' 20" East, 130.02
feet; thence South 84025'40" East, 80.01 feet; thence South 5034'20" West, 7.91
feet; thence North 37030' East, 101 . 34 feet to the True Point of Beginning;
thence North 52030' West, 227.52 feet; thence North 37030' East, 429.67 feet;
thence South 52030' East, 227.52 feet; thence South 37°30' West, 429.67 feet to
the Point of Beginning, being a portion of that certain 24.20 acre parcel
described in Book 98 of Deeds at Page 519, Shasta County Records.
PARCEL TWO:
COMMENCING at the intersection of the Easterly line of Continental Avenue and
the Northerly line of Butte Street in the City of Redding, Shasta County,
California; thence on and along the Northerly line of Butte Street, North 72020'
East, 1089.50 (1090.00 record) feet to a point on the Westerly line of that
Parcel described in Book 2, Transcripts of Judgement at Page 386 and recorded
May 5, 1942, Shasta County Records; thence along said judgement line, the
following courses: North 72020' East, 895.46 feet to a point being designated as
"D-4" as referred to in that parcel recorded in Book 98 of Deeds at Page 519;
thence North 37030' East, 884.50 feet to a point designated as "D-3" said point
being Point of Beginning of this parcel; thence from said Point of Beginning,
continuing along said judgement line, North 34018'32" West, 648.29 feet; thence,
leaving said Judgement line, North 574.80 feet to a point on the centerline of
the Sacramento River; thence, along said centerline the following courses: South
80021' West, 109.85 feet; thence South 69051 ' West, 278.14 feet to a point due
North of the most Easterly corner of that parcel conveyed to the City of
Redding, recorded on July 21, 1937, in Book 126 of Official Records at Page 224;
thence leaving said centerline, South 458.71 feet to said most Easterly corner;
thence, along the Southeasterly line of said City of Redding parcel, South
37030' West, 50.16 feet to the "Old Ben Oliver Corner", said corner being
designated as "D-1"; thence along the Northerly line of said parcel recorded in
Book 98 of Deeds at Page 519, the following courses: North 81030' East, 275.00
feet; thence South 42030' East, 730.00 feet to the Point of Beginning.
CONTINUED
STENVA11T TITLE
GUARANTY COMPANY
X90,^-1
0RJER1 N0. 61573
DESCRIPTION CONTINUED:
PARCEL THREE:
All that certain real property situated in the City of Redding, Shasta County,
California, being a portion of Unsubdivided Redding, more particularly described as
follows:
COMMENCING at the intersection of the Easterly line of Continental Avenue and the
Northerly line of Butte Street in the City of Redding, Shasta County, California;
thence on and along the Northerly line of Butte Street, North 72020' East, 1089.50
(1090.00 record) feet to a point on the Westerly line of that certain parcel of land
recorded in the Office of the Shasta County Recorder May 5, 1942, in Book 2
Transcripts of Judgement at Page 386 Shasta County Records; thence along said
judgement line North 72020' East, 895.46 feet to a point, said point being
designated as "D-4"; thence on along the North line of that certain parcel conveyed
to Chris Kutras, et ux, recorded in the Office of the Shasta County Recorder on
March 7, 1946, in Book 241 of Official Records at Page 432, Shasta County Records
North 8305738" West, 479.01 feet; thence leaving said North line North 52°30' West,
524.84 feet to a point designated as "D-6"; thence on and along the Southwesterly
line of that parcel conveyed to the City of Redding by deed, dated July 21, 1937,
and recorded in the Office of the Shasta County Recorder in Book 126 of Official
Records at Page 244, Shasta County Records North 37030' East, 1098.00 feet (North
38030' East, 1090.00 feet, record) to the Point of Beginning of this description
said point designated as "D-1", also known as the "Old Ben Oliver Corner"; thence
North 81030' East, 275.00 feet to a point designated as "D-2"; thence South 42030'
East, 730 feet to a point designated as "D-3", said point being on the judgement
line hereinbefore described; thence on and along said judgement line South 37030'
West, 152.80 more or less; thence, North 52030' West, 910.08 feet; thence North
37030' East, 82.00 feet to the Point of Beginning of this description, being a
portion of that certain 24.20 acre parcel described in Book 98 of Deeds at Page 519
Shasta County Records.
PARCEL FOUR:
Parcel A:
COMMENCING at. the Southwest corner of the parcel described in the deed to Frank L.
Wilson, et ux, recorded in the office of the County Recorder, April 7, 1958 in Book
562 of Official Records at Page 180, Shasta County Records, said point being more
generally described as the Northeast corner of the intersection of Continental and
Butte Streets; thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to the Point of Beginning of this parcel; thence North
34018'32" West, 648.21 feet; thence North 130.00 feet; thence South 43°23'00" East,
510.00 feet; thence South 2055'30" East, 295.16 feet to the Point of Beginning.
CONTINUED
STE«'ART TITLE
GUARANTY COMPANY
99c•1
ORDER ?i0. 61573 • •,
DESCRIPTION CONTINUED:
Parcel B:
COMMENCING at the Southwest corner of the parcel described in the deed to Frank L.
Wilson, et ux, recorded in the office of the County Recorder, April 7, 1958 in Book
562 of Official Records at Page 180, Shasta County Records, said point being more
generally described as the Northeast corner of the intersection of Continental and
Butte Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet; thence North 34018132" West, 648.21 feet; thence North
130.00 feet to the Point of Beginning of this parcel; thence North 81007'00" East,
332.73 feet; thence South 2055' 30" East, 422. 58 feet; thence North 43023 '00" West,
510.00 feet to the Point. of Beginning.
i Parcel D:
COMMENCING at the Southwest corner of the parcel described in the deed to Frank L.
Wilson, et ux, recorded in the office of the County Recorder, April 7, 1958 in Book
562 of Official Records at Page 180, Shasta County Records, said point being more
generally described as the Northeast corner of the intersection of Continental and
Butte Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet; thence North 34018'32" West, 648.21 feet; thence North
130.00 feet to the Point of Beginning of this parcel; thence, continuing North
444.73 feet; thence North 80021 '00" East, 310.37 feet; thence South 2055'30" East,
445.96 feet; thence South 81007'00" West, 332.73 feet to the Point of Beginning.
PARCEL FIVE:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72°20'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area A:
COMMENCING at Point "A" as described above, the True Point of Beginning of this
description, thence, North 2055' 30" West, 295.16 feet; thence, South 43°23'00" East,
193.84 feet; thence, South 37030'00" West, 193.97 feet, to the True Point of
Beginning of this description.
Area B:
COMMENCING at Point "A" as described above, thence, North 2055'30" West, 295.16
feet, to the True Point of Beginning of this description; thence, continuing North
2055'30" West, 422.58 feet; thence, North 81007'00" East, 505.00 feet; thence South
30011110" West, 719.79 feet; thence, North 43023 '00" West, 168.10 feet to the True
Point of Beginning of this description.
Area D:
COMMENCING at Point "A" as described above, thence, North 2055'30" West, 717.74
feet, to the True Point of Beginning of this description; thence, continuing North
2055'30" West, 445.96 feet; thence, North 80021 '00" East 79.73 feet; thence, South
87057'10" East, 651.46 feet; thence, South 30011110" West, 413.57 feet; thence,
South 81007'00" West 505.00 feet to the True Point of Beginning of this
description.
CONTINUED
STEAVART TITLE
GUARANTY COMPANY
I
• ORDER-' NO. 61573 •
DESCRIPTION CONTINUED:
PARCEL SIX:
Parcel 1 :
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030100" East, 884.42 feet to a point hereafter referred to as Point "A".
Area A:
COMMENCING at Point "A" as described above, the Point of Beginning of this
description; thence, South 45047 ' 37" East, 655.78 feet; thence South 49001 '06" West,
179.00 feet; thence, North 45047' 37" West, 619.79 feet; thence, North 37030'00"
East, 179.60 feet to the Point of Beginning of this description.
Parcel 2:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point
Area A:
COMMENCING at Point "A" as described above, thence, South 37030'00" West, 179.60
feet to the Point of Beginning of this description; thence, South 45047'37" East,
619.79 feet; thence South 49001 '06" West, 190.00 feet; thence North 45°47'37" West,
581 .79 feet; thence, North 37030'00" East, 190.64 feet to the Point of Beginning of
this description.
PARCEL SEVEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37°30'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at Point "A" as described above, thence, North 30011 '10" East, 199.68
feet, to the Point of Beginning of this description; thence, continuing North
30011 '10" East, 719.79 feet; thence, North 81007'00" East, 462.27 feet; thence,
South 80037'00" East, 70.00 feet; thence, South 49008'21" West, 1114.81 feet;
thence, North 43023'00" West, 64.91 feet to the Point of Beginning of this
description.
Area D:
COMMENCING at Point "A" as described above, thence, North 30011 '10" East, 919.47
feet, to the Point of Beginning of this description; thence, continuing North
30011 '10" East, 413.57 feet; thence, South 87057' 10" East, 105.59 feet; thence,
South 71048' 30" East, 386.66 feet; thence South 80037'00" East, 38.31 feet; thence,
South 49008'21" West, 254.94 feet; thence North 80037'00" West, 70.00 feet; thence,
South 81007'00" West, 462.27 feet to the Point of Beginning of this description.
CONTINUED
STENVART TITLE
GUARANTY COMPANY
ORDER; N0. 61573 � •
DESCRIPTION CONTINUED:
PARCEL EIGHT:
COMMENCING at. the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37130'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at. Point "A" as described above; thence, North 49008'21" East, 191 .71
feet, to the True Point of Beginning of this description; thence, continuing North
49°08' 21" East, 1114.81 feet; thence South 80037100" East, 390.00 feet; thence South
60002'46" West, 1387.65 feet; thence North 43023'00" West, 37.29 feet to the True
Point of Beginning of this description.
Area D:
COMMENCING at Point "A" as described above, thence, North 49008'21" East, 1306.52
feet, �to��the True Point of Beginning of this description; thence, continuing North
49008'21" 0
21 East, 254.94 feet; thence South 80 37 00 East, 466.10 feet; thence South
60002'46" West, 309. 19 feet; thence North 80037'00" West, 390.00 feet to the True
Point of Beginning of this Description.
PARCEL NINE-. . -
COMMENCING
INE:COMMENCING at. the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at Point "A" as described above, thence, North 60002'46" East, 196.91
feet, to the True Point of Beginning of this description; thence, continuing North
60002'46" East, 1387.65 feet; thence South 80037 '00" East, 360.00 feet; thence South
2030100" West, 20.00 feet; thence South 67035'00" West, 1663.31 feet; thence North
43023 '00" West, 27.66 feet to the True Point of Beginning of this description.
Area D:
COMMENCING at Point "A" as described above, thence, North 60002'46" East, 1584.56
feet, to the True Point of Beginning of this description; thence, continuing North
60°02'46" East, 309.19 feet; thence South 80037'00" East, 471.38 feet; thence South
67035'00" West, 409.60 feet; thence North 2030'00" East, 20.00 feet; thence North
80037'00" West, 360.00 feet to the True Point of Beginning of this description.
PARCEL TEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 in Book 562 of
Official Records at Page 180, said point being more generally described as the
Northeast corner of the intersection of Continental and Butte Streets, thence North
72020'00" East, a distance of 1985.46 feet; thence North 37030'00" East, 884.42 feet
to a point hereafter referred to as Point "A".
CONTINUED
STENVART TITLE
GUARANTY COXPANY
99C.7
ORDER; NO. 61573
DESCRIPTION CONTINUED:
Area B: '
COMMENCING at Point "A" as described above, thence, North 67035 '00" East, 205 .10
feet to the True Point of Beginning of this description; thence, continuing North
67035'00" East, 1663 .31 feet ; thence, South 2030'00" West, 230.00 feet; thence,
South 74017 ' 56" West, 1567.47 feet; thence, North 43023 '00" West, 27.08 feet to the
True Point of Beginning of this description.
Area D:
COMMENCING at Point. "A" as described above, thence, North 671135'00" East, 1868.41
feet to the True Point of Beginning of this description; thence, continuing North
67035 '00" East, 409.60 feet; thence, South 80037'00" East, 174.07 feet; thence,
South 81007 '00" East, 462.93 feet; thence, South 74°17 '56" West, 585.76 feet;
thence, North 84000'00" West, 125.64 feet; thence, South 6000100" West, 50.00 feet;
thence, South 74017'56" West, 336.26 feet; thence, North 2030'00" East, 230.00 feet
to the True Point of Beginning of this description.
PARCEL ELEVEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at Point "A" as described above, thence, North 74017'56" East, 216.27
feet to the True Point of Beginning of this description; thence, continuing North
74017'56" East, 1567.47 feet; thence, South 2030'00" West, 186.29 feet; thence,
South 80009' 16" West, 1504.83 feet; thence, North 43023'00" West, 26.47 feet to the
True Point of Beginning of this description.
Area C:
COMMENCING at Point "A" as described above, thence, North 74017'56" East, 2120.00
feet to the True Point of Beginning of this description; thence, North 6000'00"
East, 50.00 feet; thence, South 84000100" East, 840.00 feet; thence, South 19000'00"
West, 40.00 feet; thence, South 80009'16" West, 863 .82 feet; thence, North 6000'00"
East, 224.83 feet to the True Point of Beginning of this description.
Area D:
COMMENCING at Point "A" as described above, thence, North 74017'56" East, 1783.74
feet to the True Point of Beginning of this description; thence, continuing North
74017'56" East, 336.26 feet; thence, North 6000'00" East, 50.00; thence, South
84000'00" East, 125.64 feet; thence, North 74017'56" East, 585.76 feet; thence,
South 81007'00" East, 321 .98 feet; thence, South 60047'00" East, 295.90 feet;
thence, South 80009'16" West, 449.47 feet; thence, North 19°00'00" East, 40.00 feet;
thence North 84000100" West, 840.00 feet; thence, South 6000'00" West, 274.83 feet;
thence, South 80009'16" West, 312.95 feet; thence, North 2030'00" East, 186.29 feet
to the True Point of Beginning of this description.
-STEIWART TITLE
GUARANTY C.OMPAVY
99C.1
ORDER NO. 61573
DESCRIPTION CONTINUED:
PARCEL TWELVE:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 in Book 562,
Page 180, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030100" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at Point "A" as described above, thence, North 80009116" East, 229.77
feet to the True Point of Beginning of this description; thence, continuing North
80009'16" East, 1504.83 feet; thence, South 2030'00" West, 165.22 feet; thence,
South 85034'49" West, 1460.61 feet; thence, North 43023 '00" West, 27.94 feet to
the True Point of Beginning of this description.
Area C:
COMMENCING at Point "A" as described above, thence, North 80°09'16" East, 2047.55
feet to the True Point of Beginning of this description; thence, continuing North
80009' 16" East, 863 .82 feet; thence, South 19000'00" West, 300.00 feet; thence,
South 85034'49" West, 776.32 feet; thence, North 6000'00" East, 196.86 feet to the
True Point of Beginning of this description.
Area D:
COMMENCING at. Point "A" as described above, thence, North 80009'16" East, 1734.60
feet to the True Point of Beginning of this description; thence, continuing North
80°09'16" East, 1626.24 feet; thence, South 60047'00" East, 99.05 feet; thence,
South 44°17 '00" East, 342.53 feet; thence, South 85034'49" West, 868.71 feet;
thence, North 19000'00" East, 300.00 feet; thence, South 80009'16" West, 863.82
feet; thence, South 6000100" West, 196.86 feet; thence, South 85034'49" West,
295.85 feet; thence North 2030'00" East, 165.22 feet to the True Point of
Beginning of this description.
PARCEL THIRTEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at Point "A" as described above, thence, North 85034'49" East, 246.31
feet, to the True Point of Beginning of this description; thence, continuing North
85034'49" East, 1460.61 feet; thence, South 2030'00" West, 171 .21 feet; thence,
North 88039'51" West, 1425.31 feet; thence, North 43023'00" West, 34.76 feet to
the True Point of Beginning of this description.
Area C:
COMMENCING at Point "A" as described above, thence, North 8503449" East, 2002.77
feet, to the True Point of Beginning of this description; thence, continuing North
85034'49" East, 776.32 feet; thence, South 19000'00" West, 292.50 feet; thence,
North 88039'51" West, 700.04 feet; thence, North 6000'00" East, 201.51 feet to the
True Point of Beginning of this description.
CONTINUED
S"1'EAVART TITLE
GUARANTY COMPANY
i99C-1
;.ORDER Yo. 61573 .
Area D:
COMMENCING at Point "A" as described above, thence, North 85034 '49" East, 1706.92
- feet, to the True Point of Beginning of this description; thence, continuing North
85034'49" East, 1940.88 feet; thence, South 44017'00" East, 57.42 feet; thence,
South 1.1017 '00" East, 298.07 feet; thence, South 32°48'50" West, 40.80 feet; thence,
North 88039 ' 51" West, 1037 .94 feet; thence, North 19000'00" East, 292.50 feet;
thence, South 85034' 49" West, 776 .32 feet; thence, South 6000'00" West, 201.51 feet;
thence, North 88°39' 51" West, 281 .45 feet; thence, North 2030'00" East, 171.21 feet
to the True Point of Beginning of this description.
PARCEL FOURTEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area B:
COMMENCING at Point "A" as described above, thence, South 88°39'51" East, 269.53
feet, to the True Point of Beginning of this description; thence, continuing South
88039'51" East, 1425.31 feet; thence, South 2030'00" West, 107.28 feet; thence,
South 44030'56" West, 90.00 feet;,
thence, North 82°36'50" West, 1337.39 feet;
thence, North 43023 '00" West, 44.92 feet to the True Point of Beginning of this
description.
Area C:
COMMENCING at Point "A" as described above, thence, South 88039 ' 51" East, 1976.29
feet, to the True Point of Beginning of this description; thence, continuing South
88039'51" East, 700.04 feet; thence, South 19000'00" West, 197.50 feet; thence,
South 84038'18" West, 666.35 feet; thence North 6000'00" East, 266.80 feet to the
True Point of Beginning of this description.
Area D:
COMMENCING at Point "A" as described above, thence, South 88039151" East, 1694.84
feet, to the True Point of Beginning of this description; thence, continuing South
88039'51" East, 2019.43 feet; thence, South 32048'50" West, 160.92 feet; thence,
South 52046'00" West, 249.97 feet; thence South 57046'00" West, 261 .43 feet; thence,
North 80055'00" West, 1274.01 feet; thence, North 84038' 18" East, 666.35 feet;
thence, North 19000'00" East, 197.50 feet; thence, North 88039'51" West, 700.04
feet; thence, South 6000'00" West, 266.80 feet; thence, North 80055'00" West, 367.66
feet; thence, North 44030'56" East, 149.60 feet; thence, North 2030100" East, 107.28
feet to the True Point of Beginning of this description.
i PARCEL FIFTEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
CONTINUED
STENVART TITLE
GUARANTY COMPANY
199C t
ORDER NO. 61573
' Area B:
COMMENCING at Point "A" as described above, thence, South 82036 '50" East, 302.82
feet to the True Point of Beginning of this description; thence, continuing South
82036' 50" East, 1337. 39 feet; thence, South 44°30'56" West, 310.00 feet; thence,
North 72°57 ' 39" West, 1085.95 feet; thence, North 43023 '00" West, 102.87 feet to the
True Point of Beginning of this description.
Area D:
COMMENCING at Point "A" as described above, thence, South 80055 '00" East, 1604.94
feet to the True Point of Beginning of this description; thence, continuing South
80055 '00" East, 1641 .67 feet; thence, South 57°46'00" West, 592.98 feet; thence,
North 72057 ' 39" West, 1354.50 feet; thence North 44 ' 30'56" East, 250.40 feet to the
True Point of Beginning of this description.
PARCEL SIXTEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area A:
COMMENCING at Point "A" as described above, the True Point of Beginning of this
description, thence, continuing North 37030'00" East, 193.97 feet; thence, South
43023 '00" East, 489.81 feet; thence, North 66001 '40" West, 497.43 feet to the True
Point of Beginning of this description.
Area B:
COMMENCING at Point "A" as described above, thence, South 7205739" East, 388.00
feet to the True Point of Beginning of this description; thence, continuing South
72057'39" East, 1085.95 feet; thence, South 44030'56" West, 190.00 feet; thence
North 66001 '40" West, 899.07 feet; thence, North 43023'00" West, 121 .65 feet to the
True Point of Beginning of this description.
Area D:
COMMENCING at Point. "A" as described above, thence, South 72057' 39" East, 1473.95
feet to the True Point of Beginning of this description; thence, continuing South
72°57 ' 39" East, 1354.50 feet; thence, South 57046'00" West, 75.48 feet; thence,
South 36046'00" West, 285.79 feet; thence, North 6600140" West, 1306.00 feet;
thence, . North 44030'56" East, 190.00 feet to the True Point of Beginning of this
description.
PARCEL SEVENTEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Parcel One:
COMMENCING at Point "A" as described above, the True Point of Beginning of this
description, thence, South 66001 '40" East, 497.43 feet; thence, South 43023'00"
East, 411 .75 feet; thence, South 49°01 '06" West, 1.81 feet; thence, North 55040'28"
West, 891.18 feet to the True Point of Beginning of this description.
CONTINUED
STEVVkRT TITLE
GUARANTY COMPANY
;99C.1
ORDER NO. 611573
Parcel Two: •
COMMENCING at Point "A" as described above, thence, South 66001 ' 40" East, 497.43
feet to the True Point of Beginning of this description; thence, continuing South
66001 '40" East, 899.07 feet; thence, South 44030' 56" West, 255.00 feet; thence,
North 55040 ' 28" West, 437.47 feet ; thence North 49001 '06" East, 1 .81 feet; thence,
North 43023 '00" West, 411 .75 feet to the True Point of Beginning of this
description.
Parcel 3:
COMMENCING at Point "A" as described above, thence, South 66001 '40" East, 1396.50
feet to the True Point of Beginning of this description; thence, continuing South
66001 '40" East, 1306.00 feet; thence, South 36046'00" West, 51 .86 feet; thence, on
and along the Northerly right of way line of State Highway 44, North 84025'40" West,
a distance of 89.06 feet; thence, South 5034'20" West, 25.00 feet; thence North
84025'40" West, 767 .33 feet; thence, leaving said right of way North 55040'28" West,
588.87 feet; thence, North 44°30'56" East, 255.00 feet to the True Point of
Beginning of this description.
PARCEL EIGHTEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Parcel One:
COMMENCING at Point "A" as described above, the True Point of Beginning of this
description, thence, South 55040'28" East, 891.18 feet; thence, South 49001 '06"
West, 153 .47 feet; thence, North 45047' 37" West, 865.08 feet to the True Point of
Beginning of this description.
Parcel Two:
COMMENCING at Point "A" as described above, thence, South 55040'28" East, 891 .18
feet to the True Point of Beginning of this description; thence, continuing South
55140'28" East, 437.47 feet; thence, South 44030'56" West, 228.00 feet; thence,
North 45047 '37" West, 442.63 feet; thence North 49001 '06" East, 153.47 feet to the
True Point of Beginning of this description.
Parcel 3 :
COMMENCING at Point "A" as described above, thence, South 55040'28" East, 1328.65
feet to the True Point of Beginning of this description; thence, continuing South
55040'28" East, 588.87 feet; thence, on and along the Northerly right of way line of
State Highway 44, North 84025'40" West, a distance of 132.67 feet; thence, South
84015'46" West, 101 .98 feet; thence North 84025'40" West, 269.34 feet; thence,
leaving said right of way line North 45047'37" West, 201 .71 feet; thence, North
44030'56" East, 228.00 feet to the True Point of Beginning of this description.
PARCEL NINETEEN:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72°20'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
CONTINUED
-TENVART TITLE
"GUARANTY CO#PANY
99C 1
ORDER N O. 61573 •
Area A: •
COMMENCING at Point "A" as described above, thence, South 45047 ' 37" East, 832.08
feet to the True Point of Beginning of this description, thence, continuing South
45047' 37" East, 33 .00 feet; thence, South 49001 '06" West, 554.04 feet; thence, on
and along the Northerly right of way line of State Highway 44, North 84025 '40" West,
45.29 feet ; thence, leaving said right of way line, North 49°01 '06" East, 582.42
feet to the True Point of Beginning of this description.
Area B:
COMMENCING at Point "A" as described above, thence, South 45047'37" East, 865.08
feet to the True Point of Beginning of this description; thence, continuing South
45047' 37" East, 442.63 feet; thence, South 44030'56" West, 161 .87 feet to the
Northerly right of way line of State Highway 44, thence, on and along said right of
way line, North 84125'40" West., 625.01 feet; thence leaving said right of way line,
North 49001 '06" East, 554.04 feet to the True Point of Beginning of this
description.
I Area D:
COMMENCING at Point "A" as described above, thence, South 45047'37" East, 1307.71
feet to the True Point of Beginning of this description; thence, continuing South
45047'37" East, 201 .71 feet to the Northerly right of way line of State Highway 44,
thence, on and along said right of way line, North 84025'40" West, 259.31 feet;
thence, leaving said right of way line North 44030' 56" East, 161.87 feet to the True
Point of Beginning of this description.
PARCEL TWENTY:
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'410" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area A:
COMMENCING at Point "A" as described above, thence South 45047' 37" East, 655.78 feet
to the True Point of Beginning of this description, thence continuing South
45°47'37" East, 176.30 feet; thence, South 49001'06" West, 582.42 feet to the
Northerly right of way line of State Highway 44, thence along said right of way
North 84025 '40" West, 101 .05 feet; thence North 72014'22" West, 119.69 feet; thence
leaving said right of way line North 49001 '06" East, 699.22 feet to the True Point
of Beginning of this description.
PARCEL TWENTY ONE:
Parcel 1 :
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
i Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
CONTINUED
STENVART TITLE
GUARAmry coxpAvY
� 99C1
` ORDER NO. 61573 •
DESCRIPTION CONTINUED:
Area A:
COMMENCING at Point "A" as described above, thence, South 37030'00" West, 570.91
feet to the True Point of Beginning of this description; thence, South 45047137"
East, 541 . 38 feet; thence South 49001 '06" West, 130.22 feet; to the Northerly
right of way line of State Highway 44; thence, on and along said right of way line
North 72014'22" West, 136.08 feet; thence, North 63025 '22" West, 253 .87 feet;
thence, North 21030'01" West, 50.54 feet; thence, North 5034'20" East, 172.09
feet; thence, leaving said right of way line North 37030'00" East, 112.82 feet to
the True Point of Beginning of this description.
EXCEPTING THEREFROM Parcel 2 as described in the deed from Frances W. Kutras to
the State of California dated January 9, 1969 and recorded January 27, 1969 in
Book 979, Page 298, Official Records.
PARCEL 2
COMMENCING at the Southwest corner of that parcel conveyed to Frank L. and Helen
Wilson by deed from W.S. and Frances S. Cox, recorded April 7, 1958 at Page 180,
Book 562, Official Records of Shasta County, said point being more generally
described as the Northeast corner of the intersection of Continental and Butte
Streets, thence North 72020'00" East, a distance of 1985.46 feet; thence North
37030'00" East, 884.42 feet to a point hereafter referred to as Point "A".
Area A:
COMMENCING at Point "A" as described above, thence, South 37030'00" West, 370.24
feet to the True Point of Beginning of this description; thence, South 45047'37"
East, 581 .59 feet; thence South 49101 '06" West, 200.00 feet; thence North
45°47'37" West, 541.38 feet; thence, North 37030'00" East, 200.67 feet to the True
Point of Beginning of this description.
PARCEL TWENTY TWO:
COMMENCING at the most Westerly corner of Lot 40, Block 1, Benton Subdivision, as
shown on that map recorded in Book 5 of Maps at Page 38 in the office of the
Shasta County Recorder; thence South 51053 ' East, 380.00 feet; thence, North
38007 ' East, 1260.00 feet to the True Point of Beginning of this parcel; thence
from said Point of Beginning, North 38107' East, 307.08 feet; thence North
59°15 '20" East, 160.82 feet; thence North 38007' East, 837.37 feet; thence at
right angles to State Highway U.S. 99 South 51053' East, 174.78 feet; thence
parallel with said State Highway North 38007' East, 403.57 feet; thence South
18046 ' East, 137.37 feet; thence North 88000' East, 390.00 feet; thence South
46000' East, 1300.00 feet; thence South 54000" East, 1700.00 feet; thence South
35000' East, 650.00 feet to the South line of Section 30, Township 32 North, Range
4 West, M.D.M. ; thence along said South line North 89048'25" West, 1300.00 feet to
the Southwest corner of said Section 30; thence South 100.00 feet to the
centerline of the Sacramento River; thence along said centerline the following
courses: North 88018110" West, 757.14 feet; thence South 80000' West, 500.00
feet; thence South 69030' West, 600.00 feet; thence South 86100' West, 1200.00
feet; thence South 81000' West, 450.00 feet; thence South 85030' West, 100.00
feet; thence leaving said centerline North 20001'25" East, 875.00 feet; thence
South 72040' 50" East, 49.81 feet; thence North 38007' East, 949.39 feet; thence
North 51053' West, 545.65 feet to the Point of Beginning.
CONTINUED
STE«'ART TITLE
GUARANTY COMPANY-
AC-1
ORDER NO. 61573
EXCEPTING THEREFROM that po n thereof lying South of the owh line of the
.fractional South one-half of—Section 25, Township 32 North, Range 5 West.
ALSO EXCEPTING THEREFROM Tract 1 of Parcel 1 as described in the Declaration of
-Taking, recorded October 14, 1964 in Book 808, Page 43, Official Records.
ALSO EXCEPTING THEREFROM that portion conveyed to Ralph C. Bogart, an unmarried married man,
et al . , by Quitclaim deed dated August 26, 1963 and recorded September 4, 1963 in
Book 757, Page 357, Shasta County Records.
ALSO EXCEPTING THEREFROM Beginning at the Northeast corner of Parcel One of that
property conveyed to Ralph C. Bogart, et al. , by Quitclaim deed recorded September
4, 1963 in Book 757 at Page 357, Official Records of Shasta County; thence North
34000'00" West, 140.00 feet; thence North 30000'00" East, 85.00 feet; thence North
82030'00" East, 122 feet; thence South 470 feet more or less to the mean high water
line of the Sacramento River; thence South 75000' West, 189.35 feet along said mean
high water line to the East line of said Bogart property; thence North 17°19110"
East, 328.29 feet more or less to the Point of Beginning.
i
I
STENVART TITLE
OUAWANTY COMPANY
99C•t
O_rder'No. 61573
At the date hereof exceptions to coverage in addition to the printed Exceptions and
Exclusions in the policy form designated on the face page of this Report would be as
follows:
1 . County of Shasta and City of Redding taxes for the fiscal year 1991-92, a lien,
not yet due or payable, amounts not ascertainable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3 . 5 (commencing with Section 75) of the Revenue and Taxation Code of
the State of California .
3. Any adverse claim based upon the assertion that :
(a) Said land or any part thereof is now or at any time has been below the
highest of the high watermarks of the Sacramento River, in the event the
boundary of said river has been artificially raised or is now or at any
time has been below the high watermark, if said river is in its natural
state.
(b) Some portion of said land has been created by artificial means or has
accreted to such portion so created.
(c) Some portion of said land has been brought within the boundaries thereof
by an avulsive movement of the Sacramento River, or has been formed by
accretion to any such portion.
4. Any easement or claire of easement based on prescription by or implied
dedication to the public over said land or any parts thereof for access to the
Sacramento River or for recreational purposes.
5. Rights and easements for corornerce, navigation, fishery, hunting, bathing,
swimming and preserving in its natural state that part of the land which may
lie below the ordinary high water mark of the Sacramento River.
6. Any adverse claim based on the assertion that some
p
included within the actual boundaries of the patent oftt.he RanchodSannd was not
Buenaventura from the United States of America to Pearson B. Reading on January
17, 1887, the date of the issuance of said patent, or that some portion of said
land has not remained upland continuously from said date.
7. An easement for a perpetual right of way for a ditch or canal from Turtle Bay
to the Bassett Tract of sufficient capacity for 20,000 miners inches of water
as conveyed to Redding Electric Light and Power Company, a California
corporation by Deed recorded May 10, 1892, in Book 2 of Agreements, at Page
149, Shasta County Records. (The exact location and extent of said easement
cannot be determined from the record) .
8. An easement for the construction, maintenance and operation of electric light
and power transmission pole line and incidental purposes as granted to Northern
Light and Power Company, a Corporation by Deed recorded May 6, 1908 in Book 98
of Deeds, at -Page 463, Shasta County Records. (The exact location and extent
of said easement cannot be determined from the record) .
CONTINUED
STE«'ART TITLE
OUARANTY COMPANY
49C-1
Order No. 61573
EXCEPTIONS CONTINUED:
9 . An easement for tlir corn,,�trnction, maintenance and operation of sewer,
water line, and coal] purposes and incidental purposes as granted to the
City of Redding, a municipal corporation by Deed recorded December 18,
1958 in Book 585 of Official Records, at. Page 386, Shasta County Records.
(affects Parcel Twenty-Two) .
10. An easement for the construction, maintenance and operation of sewer,
water line, and road purposes and incidental purposes as granted to the
City of Redding by Deed recorded December 18, 1958 in Book 585 of
Official Records, at Page 390, Shasta County Records. (Affects Parcel
Twenty-Two) .
11 . An easement for the construction, maintenance and operation of pipelines
for conveying gas with necessary and proper valves and other appliances
and fittings and devices for controlling electrolysis for use in
connection with said pipelines and incidental purposes as granted to
Pacific Gas arid Electric Company, a California Corporation by Deed
recorded November 8, 1961 in Book 686 of Official Records, at Page 171,
Shasta County Records.
12. An easement for the construction, maintenance and operation of gas
transmission pipeline and incidental purposes as granted to Pacific Gas
and Electric Company by Declaration of Taking, Case No. 27809, recorded
July 27, 1962 in Book 713 of Official Records, at Page 341, Shasta County
Records. (Affects Parcel Twenty-Two) .
13. An easement for the construction, maintenance and operation of a line of
poles for the transmission and distribution of electric energy and to
connect to said poles and wires all necessary and proper crossarms, guys,
anchors and other appliances and fixtures and incidental purposes as
granted to the City of Redding by Deed recorded December 5, 1962 in Book
727 of Official Records, at Page 15, Shasta County Records. (Affects
Parcels Twenty and Twenty-One) .
14. The fact that the ownership of said land does not include certain rights
of ingress or egress to or from the freeway adjoining said land, said
rights having been relinquished to the State of California, by Judgement
recorded January 6, 1964 in Book 770 of Official Records, at Page 602,
Shasta County Records. (Affects Parcels Seventeen t.hru Twenty-One) .
CONTINUED
STEWART TITLE
GUARANTY COXPANY
99c-1
Orde,_r No. 61573
EXCEPTIONS CONTINUED:
15. An easement for the construction, maintenance and operation of water
pipelines and incidental purposes as granted to the United States of
America by Declaration of Taking, Case No. 9114, recorded October 14,
1964 in Book 808 of Official Records, at Page 43, Shasta County Records.
Affects Parcel Twenty-Two) .
16. The fact that the ownership of said land does not include certain rights
of ingress or egress to or from the freeway adjoining said land, said
rights having been relinquished to the State of California, by Deed
recorded January 27, 1969 in Book 979 of Official Records, at Page 298,
Shasta County Records.
Said Deed further contains a Waiver in favor of the State of California
of any claims for damages to said land by reason of the location,
construction, landscaping or maintenance of a highway or freeway
contiguous thereto. (Affects Parcel Twenty-One) .
17. An easement for the construction, maintenance and operation of an
underground gas main or pipeline 10.00 feet in width and incidental
purposes as granted to Pacific Gas and Electric Company, a California
corporation by Deed recorded July 29, 1969 in Book 998 of Official
Records, at Page 184, Shasta County Records. (Affects Parcel One) .
18. An easement for the construction, maintenance and operation of an
underground gas main or pipeline and incidental purposes as granted to
Pacific Gas and Electric Company, a California corporation by Deed
recorded July 29, 1969 in Book 998 of Official Records, at. Page 187,
Shasta County Records. (Affects Parcels Nineteen and Twenty) .
19. The Declaration of Restriction on Alienation dated July 6, 1971 executed
by the City of Redding in Resolution recorded July 13, 1971 in Book 1075
of Official Records at Page 308, Shasta County Records. (Affects Parcels
One and Eight) .
20. The Declaration of Restriction on Alienation dated July 19, 1971 executed
by the City of Redding in Resolution recorded July 21, 1971 in Book 1076
Of Official Records at Page 670, Shasta County Records. (Affects Parcel
Nine) .
21 . The Declaration of Restriction on Alienation dated November 5, 1973
executed by the City of Redding by Resolution recorded November 12, 1973
in Book 1197 of Official Records at Page 490, Shasta County Records.
(Affects Parcels Two and Ten) .
CONTINUED
STENVART TITLE
GUARANTY COMPANY
99C•1
Order No. 61573
EXCEPTIONS CONTINUED:
22. An easement for the construction, maintenance and operation of sanitary
sewer purposes and incidental purposes as granted to the City of Redding
by Deed recorded April 29, 1975 in Book 1270 of Official Records, at Page
521, Shasta County Records. (Affects Parcel Twenty-Two) .
23 . An easement for the construction, maintenance and operation of overhead
and underground electric utility purposes and incidental purposes as
granted to the City of Redding, a municipal corporation by Deed recorded
January 12, 1979 in Book 1589 of Official Records, at Page 154, Shasta
County Records. (Affects Parcel Twenty-Two) .
24. Covenants, Conditions and Restrictions as contained in the Deed executed
by Malcom S. Millard and Sidney M. Morris, Co-Trustees of the Frances M.
Benton Charitable Remainder Unitrust dated October 31, 1979, et al,
recorded July 29, 1988 in Book 2416 of Official Records, at Page 280,
Shasta County Records. Said Conditions include a revisionary clause.
(Affects Parcel Twenty-Two) .
25. An easement for sewer and utility purposes as conveyed to Leah F.
McConnell, a single woman by Deed recorded July 29, 1988, in Book 2416 of
Official Records, at Page 290, Shasta County Records. (Affects Parcel
Twenty-Two) .
26. Information in possession of this Company indicates that a division of
land is contemplated in the current transaction involving the land
described in this report. Such contemplated division of land would
appear to fall within the purview of the Subdivision Map Act (G.C..; 66410
et. seq. ) . As a prerequisite to the issuance of final title evidence, at
least one of the following requirements must be accomplished to this
Company 's satisfaction:
(1) A subdivision Map must be recorded in compliance with the
Subdivision Map Act or related local ordinances.
(2) A Parcel Map must be recorded in compliance with the Subdivision
Map Act or related local ordinances.
(3) A Certificate of Compliance as provided for in the Subdivision Map
Act (G.C. 66499.35) must be recorded.
(4) A Waiver as provided for in the Subdivision Map Act (G.C. 66428)
must be obtained. OR
(5) Other satisfactory evidence indicating compliance or non-violation
must be furnished.
CONTINUED
STENI'ART TITLE
.. GUARANTY COMPANY
99C•1
Order No. 61573 •
EXCEPTIONS CONTINUED:
NOTE:
You are hereby advised that in the event of cancellation, a cancellation
charge will be made in compliance with the California Insurance
Commissioner' s Bulletin 80-12.
I
STEWART TITLE
GUARANTY COMPANY
99C•1
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CLTA Preliminary Report Form
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1990
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part;or (iv)environmental protection,or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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 claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage
or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner or indebtedness, to comply with the applicable doing business laws, of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of
the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which 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.
Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
3: Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are 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.
(List of Printed Exceptions and Exclusions Continued on Next Page)
Page 11of 4 STEWART TITLE
GUARANTYCOMPANY
CLTN Preliminary Report Form •
2, AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use • improvements on the land
• land division • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records
on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land
without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - - this does not limit the labor and material lien
coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
i or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6.90)
WITH ALTA ENDORSEMENT— FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4.6-90)
WITH ALTA ENDORSEMENT — FORM 1 COVERAGE
EXCLUSIONS AND 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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu-
lations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, di-
mensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
(List of Printed Exceptions and Exclusions Continued on Next Page)
REV. 1990
Page 2 of 4 STENVA RT TITLE
GUARANTY COMPANY
CL1 A Preliminary Report Form
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 claimant,
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of
the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein the as
to assessments for street improvements under construction or completed at Date of Policy);or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of th
in which the land is situated. e state
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
I by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by
the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General
Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise
by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspec-
tion of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are 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.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6.90)
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char-
acter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or
a change in the dimensions or area of the land or any parcel of which the land is or was a part;or (iv) environmental protec-
tion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice
' of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affect-
ing the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been re-
corded in the public records at Date of Policy.
(List of Printed Exceptions and Exclusions Continued on Next Page)
Page 3tof94 STE`V A RT TITLE
GUARANTY COMPANY
CL1 A ,Irei,minary Report Form
s
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,
but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights
of a purchaser for value without knowledge.
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 claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate
or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason
of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General
Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)which arise
by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspec-
tion of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are 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.
li
I
REV. 1990
Page 4 of 4 STE`VART TITLE
GUARANTY COMPANY