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03.26 Sale of 4549 West Tiller Avenue .. pF0 . .. . ,;: ..�_>.1?,4 .. . r ppR ' ,�.. :. . ; .`7:�GOR AlQ., . .. :,: . .. .. . . . .ti���� � �� .. : Vf:.: 'i,� ' :'. : �: �" .. . . ' .. ' . . .. . ��: . ,f� GENDA ITEM � , � �.� �c`�.�,�,s,,a�.�;�c° : : ,. FC��M:;�GP�' .. May:1.4, 2019 : . _ . . .. TO; . Honorable Mayor and Members of the City Council: THRU: Rick Otto, City;Manager FROM: Christopher.Cash,:Public.Works Director , REVIEW: City Manage � Finance 1.. : : SUBJECT ::: : Sale of sur lus ro ert at 4549:lNest Tiller Avenue. p. : . p p Y : : . : 2. SUMMARY:: : : .. . Property that was for:merly Water:.Well #3,has been abandoned.and:declar.ed surplus.by the City. .The. property has:been available for sale since ;January 2018. Tfie City has received one credible purchase offer and staff recommends it be accepted: 3.� RECOMMENDED ACTION Approve_the sale of surplus property at 4549:West Tiller Avenue to Robert McBride for $.1.5;000 and authorize:the Mayor and City Clerk to exeeute the grant deed and related ,. escrow.documents on behalf.of ttie City. 4. FI CAL. IMPACT :. Upon:fhe close of escrow, the sale pr:o.c,eeds will be dep.o.sited in Water:Utility Operations : : : :. 600 . 5. STRATEGIC. PLAN GOALS Goal i. Provide for a safe.community d. Assure the development of the City occurs in a fashion that maximizes public : sa.ety. . . .. . . . . . . ... . Goal 2. Be a fiseally healthy communi#y : d. Effecti�ely manage and develop City assets. 6.. DISCUSSION AND BACKGROUN:D; In November 1965, the subject property was purchased from the city of Anaheim as an operating water well and:the City continued to,use it to serve area:r:esidents. In 207 7, the water.well was deemed ineffective and it was decided to abandon it as other water wells were:able to serve area residents..The:City Water:Division abandoned the .well to State . . . . . . .. of California s:pecifications_and:requirements. A. II equipment has;been removed from the ro ert : p p Y.. . ITEM • �P 1 05/14/2019 The street address of the property is 4549 West Tiller Avenue and the Assessor's Parcel No. is 233-111-13. The property site is a vacant parcel, rectangular in shape (25' x 60'), � level in topography, having a net land area of approximately 1,500 square feet. The property is located in a residential neighborhood, surrounded by conventional single- family residences. At the December 2017 City Council meeting, the City Council passed Resolution No. 11049 declaring the property surplus to City needs and authorized the City real property agent to pursue the disposal of the property. AlI City departments and various agencies in Orange County were notified of the availability of the surplus property, as required Government Code Section 54220, et seq. After the expiration of the 60-day notification period, the property became available for sale to the general public. The City Real Property Agent proceeded with placing four weekend advertisements in the Orange County Register newspaper, listing the property for sale with a minimum bid of.. $25,000. Bid packages were sent to the many requestors; however, since January 2018, no responsive bids have been received. City Real Property Agent talked to both property owners next to this surplus property and both said they are not interested. An individual, Robert McBride, who owns a property on Tiller Avenue and is familiar with the property, contacted the City real property agent. Together, and with City Manager approval, they have negotiated a price of$10 per square foot, or$15,000, for the property. This is the same price the City previously sold surplus property to the three adjacent property owners after the Cannon Street widening in 2008. The property is currently zoned for residential use, but because it is such a small parcel, it is virtually impossible to build anything on the site. Mr. McBride had talked with the Community Development Department regarding this property and is fully aware of the development limitations of the property. Tonight's City Council action is to approve the sale at $15,000 and authorize the Mayor and City Clerk to execute grant deed and related escrow documents. 7. ATTACHMENT 1. Location Map 2. Signed bid backage from prospective property buyer. ITEM 2 05/14/2019 � �� � � T'` - �'i _ � �.�. �� . � .�t: ': °•�� f �r � � r _ ... ,_ _ "' - «..�r q � • '._.._: ' �..,+. 4 • ' ._..._�-._..�,_,. ., ....:a.._�ra....-...-.-.-.._ ..�.a� ' ;�p��" . : ' .�. - .. . , ._ � . , . :.4.�. .,. -. � r ' . . . . � ,y�ep-.. .-9�hs'�p! ... .., . . +�.� . _ �,•i Y'�l`� � . ' yr� T 1� .. .'` _ •r.wyh.y.• .... . , ', � , ` ?1__. �.lTr _� _—i . _, _._ -i - -a. � k,c'��7,e� --- � �, �. �. ... ...._., . � ,}� ..�M�.: _. � ._.. ,r . .__.__.__ . . . .._�L,�,r7b. � � � �� � �� ��._ �r ,�y •�,Y^F '. . . ., : , � , . -- . , � « � �i � ,� _ , � _ ,' . ,� . � ' . .�..� � '�r ' a,i' .:.N i �.�;. �� �.� i. �' # ? �Y.___—_ ':I; .R. -- ii� :�{� ^�Y � :� �`n � � t � � �" Water Well Site No. 3 � � '� , ;1 ' .� � -` 4549 W. Tiller Ave. � x I^.. . • r� _' �`e�:., . ,�.— _ . r � ., � ; , � _.f •� � "� i v a i .yi , �'�v . ` � �ar�+ . � �w :� ';- � � . f � �.. 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Tiller Ave. 0 25 50 100 Feet BID PACKAGE City of Orange Surplus Property � Located at: 4549 West Tiller Avenue, Orange, California , COPY No. Cost: $2.00 (paper) Cost: FREE (by e-mail) � CITY OF ORANGE NOTICE INVITING BIDS FOR THE SALE OF SURPLUS CITY-OWNED REAL PROPERTY The City of Orange is currently soliciting sealed bids for the sale of surplus City- owned, vacant real property located at 4549 West Tiller Avenue, Orange, California (hereinafter referred to as "subject property"), SITE DATA: Site is a vacant parcel, rectangular in shape (25' x 60'), level in topography, having a net land area of approximately 1,500 square feet more or less. The site was formerly used as a wat�r well site for the City of Orange (Water Well Site No. 3). LOCATION: 4549 West Tiller Avenue, City of Orange, Sta.te of Califorriia. ASSESSOR'S PA.RCEL NTJMBER: 233-111-13 LAND USE DESIGNATION: Low Density Residential (LDR). This designation is described as conventional single-family residential development characterized by individual single- family homes constructed in subdivisions, or by custom units built on individual lots, ZOrTING The property is zoned R-1-6. LEGAL DESCRIPTION: Please refer to Preliminary Title Report, a copy of which is attached hereto as Exhibit "A" for a full legal description. 2 CONDITION OF SUBJECT PROPERTY: a) Except as otherwise provided herein, the City makes no representations or warranties as to the physical condition of the subject property or in connection with any matter relating to its condition, value, fitness, use or zoning which the successful bidder may rely upon, either directly or indirectly. The bidder acknowledges that the purchase of the subject property will be on the basis of the bidder's own investigation of the physical condition of the subject property. b) All rights, title and interest sold will be conveyed in an "AS IS" condition by Quitclaim Deed. VIEWING OF PREMISES: The property is able to be viewed by the public at any time as it has street access. CONDITION OF TITLE Attached hereto as Exhibit "A" is a Preliminary Title AND TERMS: Report reflecting the condition of title. The City shall not be responsible for the removal of any exceptions to title identified in said report. The subject property will be offered for sale to the person making the highest sealed bid upon the following terms, covenants and conditions: 1. The City Council of the City of Orange must approve the highest sealed bid within 45 days of the bid opening or the bids will be rejected. Also, the City, in its sole and absolute discretion, may rej ect any and all bids. If the sale is not approved, the deposit money will be refunded without interest. 2. There wilt be no oral bidding except in the following situation: 3 Immediately following the bid opening and in the event that more than one bidder has submitted the highest bid, the City will receive oral bids on the subject property from those bidders (and only those bidders). The City will receive oral bids starting at $200 higher than the highest bid submitted and all additional overbids shall be in increments of not less than $200 above the last bid acknowledged by the City's designated representative. The � successful overbidder shall immediately fill out, complete, sign and deliver to the City's designated representative a new Bid Form setting forth the final bid amount and purchase price. 3. The acceptance of a bid is conditioned upon the bidder depositing with the City prior to the bid opening, a cashier's check or money order in the amount of$2,000.00 {the "Deposit") made payable to the City of Orange. The bid may be withdrawn in writing prior ta bid opening; in such a case, the deposit shall be refunded in full to bidder. After bidding is closed, the deposit of the successful bidder will be retained by the City and applied to the purchase price. All others will be returned. 4. The successful bidder shall not later than 15 days from the date of the City Council's acceptance of the bid, pay the balance due in cash (total bid, less Deposit). 5. If the bidder fails to pay the balance due within 15 days from the date of acceptance of the bid, or such longer period of time as may be agreed to by the parties in writing, the City, at its option, may terminate and cancel the sale by notifying the bidder in writing of the default under the terms, covenants and conditions of the sale. Any such 4 termination and cancellation shall be effective 15 days from the date of bidder's receipt of said written notification, subject to the right of bidder to comply with the terms, covenants and conditions of the sale and by completing the transaction during said 15 day period. 6. IN THE EVENT OF THE TERI�INATION AND CANCELLATION OF THE SALE AS ABOVE PROVIDED (ITEM #5), THE CITY MAY, AT ITS SOLE ELECTION, RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AND EXPENSES INCURRED AND THE CITY SHALL BE RELEASED FROM ANY OBLIGATION TO SELL THE PROPERTY TO THE BIDDER AND SHAI�L HAVE NO FURTHER OBLIGATIONS TO THE BIDDER. THE SUCCESSFUL BTDDER FURTHER AGREES THAT THE AMOUNT OF LIQUIDATED DAMAGES ESTABLISHED BY TffiS PROVISION IS A REASONABLE ESTIMATE, UNDER THE CIItCUMSTANCES EXISTING ON THE DATE OF THE CITY'S ACCEPTANCE OF THIS BID, OF WIiA3' 'THE CITY'S DAMAGES WOULD BE IN THE EVENT OF A DEFAULT BY THE SUCCESSFUL BIDDER. 7. Time is of the essence and no time may be extended, except by mutual written agreement of the parties. $. Delivery of all documents for execution or Notice of Default and Termination and Cancellation by the City may be in person or by depositing same in United States mail with sufficient postage and properly addressed to the bidder at an address s provided on the Bid Form at the time of bid opening. 9. The description and location of the subject ' property are believed to be correct. However, any error or omission in the description shall not constitute grounds for non-performance of the terms, covenants and conditions of the sale nor constitute a claim by the purchaser for an allowance, refund or deduction from the purchase price. 10. There will be no escrow. Upon receipt of payment in full from the successful bidder, the City shall promptly cause the execution of a Quitclaim Deed in favor of the successful bidder and record such docurnent. A copy of the recorded quitclaim deed will then be presented to the successful bidder. 11. Minimum bid is $25,000.00 �twenty-five thousand dollars and no cents). 12. Bids must be made in $50.00 (fifty dollars) increments. 13. Incomplete submitted bid forms shall be rejected. CONFLICT OF AlI City of 4range employees may bid to acquire INTEREST: excess City-oumed properties except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right-of-way or other real properties. 6 '7=%3?-r� r . j'�. .�y _' ��.�:P +�•� �.�F� �!' � " �. . . '; k^ � 7 ��.,;' ' �� � ' �.?' � �\ ��+;..MA_ '�i� .C.' ' \.i[ f,lJ . J ( � � �� '• 4:_ �s ! L S .- .. ���. r+4 L`. ;t' l �. � � ��. _ —_ _� .'_ ,, , • '• �µ q I' ' ♦ •r � �*: '\Al• • , ♦. �Clhr—'•'x ` _'' _i�y..`F...,�� ,._ "__ ��,`r—• - _ .� _ � ,:,�,��; , __ S 1 M M Q N S AVE � �'�`�� ' • �'�': � � - "j��"'�:.,;�y -_—;'�`-��_,�_�• r' �'^._= ,� �_�k. 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TRACT N0. f0951 M.M. 476-45. 46 NOTE - ASSESSOR'S BLOCK d 12assEssan'S MAP � PARCEC MAP P.M. 92-f0. 92,1J. 95-2T PARCEL NUMBERS 800K 233 PACE 11 PARCfL MAP P.M. ?02 26� 108-J6. 2B6-41 SHOWN IN CIRCLES COUNTY OF OR/JNGf PLEASE PRINT LEGIBLY IN BLACK OR BLUE INK pNL,y 4549 WEST TILLER AVENUE ORANGE, CALIFORIVIA BID C.' , J •� �� Bidder Name: o��,r�' �, .,, .� Address: � ��`�. � J�„l�-��� .� � � v� e.vr V c� �� - Telephone: �Lf ��� �- ���� E-mail: ���•R� �'t � vv�,�.,�, � .. L a�;� � . _ CG� �t z � t�-� �u� : L r��► The undersigned, hereinafter referred to as "Bidder", hereby submits a bid to the City of Orange, hereinafter referred to as "City", in accordance with the terms, covenants and conditions as outlined in the Notice Inviting Bids, the terms and provisions of which are hereby incorporated herein by this reference as though fully set forth. This is a bid to purchase surplus City-owned property and improvements located at: 4549 West Tiller Avenue, Orange, California In the amount of �.�� 'rC��iy 1 l�-`k U��.,�o ��l� (Amount in Words) $ 1 � C�G C:�. ��� (Amount in Numbers) s Bidder understands, agrees and warrants: l. Bidder has carefully read and fully understands the information presented in the bid package including the Notice Inviting Bids, this Bid Form and all exhibits attached thereto and, by its signature hereinbelow and the delivery of the Bid to the City hereby agrees to be bound by the terms and conditions thereof 2. Bidder specifically agrees as follows: IN THE EVENT OF THE TERMINATION AND CANCELLATION OF THE SALE AS ABOVE PROVIDED, THE CITY MAX, AT ITS SOLE ELECTION, RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AND EXPENSES INCURRED AND THE CITY SHALL BE RELEASED FROlVI ANY OBLIGATION TO SELL THE PROPERTY TO THE BIDDER AND SHALL HAVE NO FURTHER OBLIGATIONS TO THE BIDDER. THE SUCCESSFUL BIDDER FURTHER AGREES THAT THE AMOUNT OF LIQUIDATED DAMAGES ESTABLISHED BY TffiS PROVISION IS A REASONABLE ESTIMATE, UNDER THE CIRCUMSTANCES EXISTING ON THE DATE OF THE CITY'S ACCEPTANCE OF THIS BID, OF WHAT THE CITY'S DAMAGES WOULD BE IN THE EVENT OF A DEFAULT BY THE SUCCESSFUL BIDD�t:'� l�� Bidder's initials here 1 v�� 3. The Bidder shall accompany its bid with a deposit of �2;8t��' The deposit shall be made by cashier's check or money order payable to City of Orange. The bid may be withdrawn in writing prior to bid opening; in such a case, the deposit shall be refunded in full to Bidder. After bidding is closed, the deposit of the successful bidder will be retained by the City and applied to the purchase price. All others will be returned. Please provide a self-addressed stamped envelope or you may pick up your deposit in person with proper identification. Bidder Signature _ c�bk7�r"�' � IC r i � E (Name typed or printed) Dated: � /Z�J�q 9 DELIVERY OF SEALED BIDS: On or before 2:00 p.m., February 22, 201 g To: City Clerk City of Orange, City Hall 300 East Chapman Avenue Orange, California 92866 BID OPEIVING: 2:15 p.m.,February 22, 2018 Location: City of Orange, City Hall Conference Room C 300 East Chapman Avenue Orange, California 92866 FOR FURTHER Mark Winters INFORMATION Real Property Representative CONTACT: 300 E. Chapman Avenue Orange, California 92866 (714) 744-5558 e-mail: mwinters@cityoforange.org � EXHIBIT A � T I CO R T I T l E TM ��QO QUail Street, 3rd Floor Newport Beach,CA 92B60 Phone: (714)289-3300 Issuing Policies of Chicago Tltle Insurance Company ORDER NO.: 00515485-997-CF Escrow/Customer Phone: (714)744-5558 City of Orange Title Officer: Cindy M.Fern-097 300 East Chapman Avenue Title Offcer Phone: (714)289•3306 Orange,CA 92866 Title Officer Fax: (714)289-7105 ATTN: Mark Winters Title Officer Emaff: teamticor@ticortitle.eom Emall: mwinters@cityoforange.org Reference No.: PROPERTY: 4549 West Tiller Avenue,Orange, CA PRELIMINARY REPORT � !n response to fhe application for a policy of title insurance referenced herein, Tlcor T1Ue Company of Califomia hereby reports that it is prepared to issue, or cause to be issued, as of the date hereo� a policy or policies of title insurance describing the /and and the estate or lnterest therein herelnafter set forth, lnsuring agafnst/oss wh)ch may be susiained by reason of arry defect, lien or encumbrance not shown or refer�ed to as an exception herern or not excluded hom coverage pursuant to ihe printed Schedules, Condifions and Sirpulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be Issued may contain an arbitration clause. When the Amount of lnsurance is less than that sef forth in the arbifration clause, all ar6itrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Llmltations on Covered Rlsks applicab/e to the CLTA and ALTA Homeawner's Policies of rtle Insurance which esteblish a Deductib/e Amount and a Maximum Dollar Limit of Liability for certain coverages are a/so set forth in Attachmenf One. Copies of the policy forms should be read. They are available trom the o�ce which issued this report. This report (and any supplements o� amendments hereto) is issued solely for the purpose of facilitating fhe issuance of a policy of title insurance and no liabilify is assumed hereby. If it is desired that liabiliry be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. Tf�e policy(s) of title insurance to be issued hereunder will be policy(s) of Chlcago Tlt/e lnsurance Company, a Florida Corporation. Pfease read t6e exceptions shown or referred to hereln and the exceptfons and exclusions set forth in Attachment One of this report carefully. The exceptlons and exclusions are meant to provlde you wffh notice of matters which are not covered under fhe terms of the tide Jnsurance policy and should be carefully considered. It is important to note that thls preliminary reporf is not a w�itten represe�fafion as fo!he condltfon of tit/e and may not list a/l/iens, defects and encumbrances affecling 6Ne to the/and. Countersigned: �, '�.,�.� �wj,�.;� By� ��`�� 'f5 � AINst �dY vak �uCml Authorized Signature '�.� ��` 6UCIUN au�4. iNay CLTA Prei(mfnary 7fUe Report IPrelm(DSI Rev.8/15/16) Page 1 Order No,: 00515485-997ACT-CF J TIC4 R TITLE� 7500 Quail Street,3rd Floor Newport Beach, CA 92660 Phone: (714)289-3300 PRELIMINARY REPORT EFFECTIVE DATE: Recember 21,2017 at 7:3Q a.m. ORDER NO.: 00595485-997-CF The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy 1. THE ESTATE OR INTEREST IN TNE LAIVD HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE,subject to An estate for the life of Olga Mtlbrat, as created by Gift Deed, recorded January 07, 1954 in Book 2645, Page 181 O�cisl Records 2. TITLE TO SAlD ESTATE OR INTEREST AT 7HE DATE HEREdF IS VESTED IN: CITI'OF ORANGE,a municipal corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCR(BED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Prelimtnary Title Report IPreim(DSI Rev.8N5H6J Page 2 OrderNo,; 00515485•997-007-CF � -T-� 2�3-�� 1 . 1 " = 100' 13?-�� toy.�4• �o �o5.es• �oa � � * � Tf��4CT O � t � a ' , � No 4� � � �� � �� �RACT �� � g t W �'' �o . Q = i4 T � �5 Q �s = � 7 � 2 19 � � 8 8 r � �r �3 �[ {rFRN ��Q � � . � = ( $j � ' � .STR� 40 107.94 " � O � 'M �'¢ � '~° � O � � i2 � . . � � - �4 j � 2 �� s� �R1l,/�t1r� hn � loo.os T 39 tcg.9T• i�lYt?G�l�U(J 3O �„� �aam' PAR.1. 9 r� } TRACT P.M•PAR.z o.�qs zz � " `� � s d�, � Water Well Site No.3 �� _ �� 23 � 4549 W.Tilfer Avenue � g - 2as-4� --..• � � 0.322 �C. , � - 5! -,� 50 � t�.oT� . � �3 « � / NO.24/O � 30 106.03� . �09.�7' : (l s] �O � a �b1 '� `� � 4 �o � 14 � � w,.ss• 23 .oe �oc.4s• r � " V 'z.~T•24 P.S�s' P6 u� 4 C UCKY�` r � � lW.99� WAY �do' 80 _ � d � —— + l� � �. ' � � �{ � '� �eo.s�' 2T ^ � m � v 3T toi.ts s3� � e � n.�s• �4' '♦" : 3 � 61 ` sa.�a ca.s9 srz.ai '� r 60` � 16 a HALYARD 1e�.se 28 � '�, "o y � � s ti " lAJi�E " r � ►a�� }s, 5b ss.az� cs.4e• s�.ss• "' � i- , � . 38 �a r v ., � Ioo B2 4�' � O PpNDEROSA� � . � �ao.a�' 29 � L ANE � � -�, . '� � : : 2 i � � 3D '" - ay � { ' �`�. ig : i9 0 � � � y � L'1 r �' � � r • , N0.24�� 5D 30 rao.os 8�36'�o.sz' ros.�i � �e.�i 2 3! ct.c4 60 too��a• � I� oRaNc�w000 rRacr M.M. r 32 TRACT N0. 24iD M.M. 69-38� 39 � TRACT N0. 2970 M.M. TO-6. 7, 8 MARCN 19B f 1'RACT N0. 1095 i M.M. 4 P6-95, 46 PARCEL MAP P.M. 92-10. 92-11, 95 27 : PARCEL MAP P.M. f Q2-26. 108-16, 286-91 ; PRELIMINARY REPORT Tlcor Title Com n o YOUR REFERENCE: pa y f California EXHiBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: � THE SOU7H 60 FEET OF THE WEST 25 FEET OF THAT PORTION OF LOT 7 OF THE ORANGEWOOD TRACT, lN 7HE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 7. PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OfV THE CENTER LINE OF SIMMONS STREET AS SHOWN ON SAID MAP, DISTANCE THEREON EASTERLY 976 FEET FROM THE CENTER LINE OF HASTER AND SIMMONS STREETS; THENCE SOUTHERLY PARALLEL TO SA(D HASTER STREET 240 FEET; THENCE EASTERLY, PARALLEL TO SAID SIMMONS STREET, 100 FEET; THENCE NORTHERLY, PARALLEL TO SAID HASTEi� STREET,240 FEET TO THE CENTER LINE OF SAID SIMMONS STREET;THENCE WESTERLY ALONG SAID CENTER LINE 100 FEET TO TNE POINT OF BEGfNNING. APN: 233-911-13 CITA Preliminary Title Report IPrelm(DSI Rev.6/15/16) Page 3 Order No.: 00515485-997•OCT-CF PRELIMINARY REPORT Ticar T{tle Company of Califomla YOUR REFEREIVCE: EXCEPTIONS AT THE DATE HEREOF, fTEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, includfng any assessments collected with taxes to be levied for the fiscal year 2018-2019. B. The lien of supplementai or escaped assessments of property taxes, if any, made pursuant to the provislons of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively,of the Revenue and Taxation Code of the State of Califomia as a result of the transfer of title to the vestee named fn Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights,claims or title to water,whether or not disclosed by the pubiic records. 2. Use and control of cienegas and natural streams of water,if any,naturally upon,flowing across,into or by said tract, and the right of way for and to construct irrigation or drainage ditches through said land to irrigate or drain the adjacent land,as reserved in a deed Recording Date: February 27, 1896 Recording No.: Book 87.Page 338 Deeds 3. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a dooument: Granted to: Southern California Ed(son Company Purpose: an electric line and otherfixtures and appliances Recording Date: April 20, 1955 Recording No: Book 3037.Page 122 Official Records Affects: a portion of said land 4. The condition contained in the deed from Julius Milbrat, Sr., and Olga Milbrat, husband and wife, and Louise S. Milbrat, a single woman, to Dyke Water Company, a corporation, recorded June 22, 1955 in Book 3112. Page 275 Official Records,as follows: This deed is executed upon the express condition that the property herein conveyed shall be used exclusively for a water well or water wells, and in the event the Grantee, or its successors, shall fail to keep and maintain one or more water wells on said property for more than six (6) months continuously, the said property hereln conveyed shall revert to the Grantor,their heirs and assigns. Reference is hereby made to said document for full particulars. 5. Please be advised that our search did not disclose any open Deeds of 7rust of record. If you should have knowledge of any outstanding obligaUon, please contact the Title Department fmmed(ately for further review prior to closing. PLEASE REFER TO THE "INFORMATIONAL NOTES"AND"REQUIREMENTS"SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. . END OF EXCEPTIONS CLTA Preliminary TiUe Raport , IPrelm(DSI Rev.8/15116) Page 4 Order No,: 00515485•997-OCT-CF PRELIMINARY REPORT Ticor TiUe Company of Califomla YOUR REFERENCE: REQUIREMENTS SECTION 1. This Company wlll require evidence of compliance with the statutory limitations incident to the govemmental agency named below, with reference to any conveyance of an Interest fn the Land thls Company will be asked to record andlor rely upon in the issuance of any form of title insutance. Governmental agency: The Clty of Orange 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the fand and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closfng of this transaction.Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested A�davit/Declaration. 3. The Company requires a Statement of Informatfon from the partles named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not speciflcally describe said Land, but whfch, if any do exist, may affect the 6tle or impose Ilens or encumbrances thereon. After review of the requQsted Statement(s) of Information, the Company may have additional requirements before the issuance of any policy of title insurance. No names were furnished with the application. Please have the buyers fumish the Statement of Information as soon as possible. The Company reserves the r(ght to add additional items or make further requirements after review of the requested documentation. NOTE:The Statement of Information is necessary to complete the search and examination of title under this order. Any title search inGudes matters that are indexed by name only, and having a completed Statement of Informatlon assists the Company In the elimination of certain matters which appear to involve the partles but in fact affect another party with the same or slmilar name, Be assured that the Statement of Information is essentlal and will be kept strictly confidential to this flle. END OF REQUIREMENTS CLTA Preliminary Tltle Report IPrelm(DSI Rev.8/15/16} Page 5 Order No,: 00515485•997-OC7-CF PRELIMINARY REPORT Ticor TIUe Company af Califomia YOUR REFERENCE: INFORMATIONAL NOTES SECTION 1. There were no taxes levied for the fiscaf year 2016-2017 as the property was vested in a public entity. 2. Note: The policy of title insurance will inciude an arbitration provis(on. The Company or the insured may demand arbftration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy,any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your _ escrow or title officer for a sample wpy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Titfe Insurance coverage. 3. Notice: Please be aware that due to the conflict between federal and state laws conceming the cultivation, distribution, manufacture or sale of marijuana,the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Govemment Code Sectian 27388.i, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affrdavit may be required to be completed and submitted with each document when DTT is befng paid or when an exempt(on is being claimed from paying the tax. !f a governmental agency is a parry to the document, the form will not be requfred. D7T Affidavits may be available at a Tax Assessor-County Clerk-Recorder, 5. Note: There are NO canveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Cindy M.Fem-097/ag1 CLTA Preliminary Titie Report IPrelm(D51 Rev.8H5116) PaBe 6 Order No,: 00515485-997•OCT-CF