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19-0205_ADVANCED GROUP 99-SJ & ADVANCED GROUP 03-79-2_Right of Entry PermitRIGHT OF ENTRY PERMIT r� I This Right of Entry Permit ("Permit") is effective as of Effective Date") by and between the City of San Juan Capistrano ("City") and Advanced Group 99 -SJ and Advanced Group 03-79-2 ("Permittee"), with reference to the following facts: RECITALS A. City is the sole owner in fee simple of certain real property containing approximately 24.6 acres of land, located in the City of San Juan Capistrano and designated as portions of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, Parcel 1 through 6 ("Parcel 1 through 6"). Parcel 1 through 6 is legally described and depicted on Exhibit A. The City intends to place a restrictive covenant over Parcel 1 through 6 ("Permit Area"). B. Permittee wishes to enter the Permit Area for the purpose of undertaking activities required to implement mitigation for certain impacts from the Distrito La Novia/San Juan Meadows Project, as more fully described in the draft Declaration of Restrictive Covenants Distrito La Novia/San Juan Meadows Project between City and Permittee, dated and its exhibits, attached as Exhibit B to this Permit ("Conservation Activities" or "Permitted Use"). The mitigation areas are depicted on Exhibit C (mitigation map showing offsite mitigation areas). C. To allow Permittee onto the Permit Area for the purpose of undertaking Conservation Activities, City and Permittee are entering into this Permit. Now, therefore, for valuable consideration, the sufficiency of which is acknowledged, City and Permittee agree as follows: CONDITIONS OF PERMIT 1. Permit Area and Compensation. City grants the Permittee and Permittee's contractors, agents, employees and representatives a limited right of entry over the Permit Area, subject to the conditions in this Permit and subject to the City's receipt of compensation for use of Parcels 1 through 6 in the amount of sixty-nine thousand five hundred and ninety dollars and forty five cents ($69,590.45) prior to but not later than the date the rough grading permit is issued by the City to Permittee for the performance of the work. 2. Permitted Use. Permittee shall use the Permit Area for the sole purpose of conducting Conservation Activities described in Exhibit B to this Permit, subject to the terms and conditions set forth herein, and for no other purpose. City does not.warrant the legality of the Permittee's intended use of the Permit Area. Permittee shall comply with all applicable laws and regulations governing the intended use of the Permit Area. 3. Acceptance of Provisions. Permittee understands and agrees that the performance of any -1- Rev. February 7, 2019 61147.80000\31772208.2 work under this Permit shall constitute an acceptance of the provisions of this Permit. 4. No Precedent Established. This Permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of expediency or permitting any certain kind of encroachment to be erected or right -of -entry within City properties. This Permit is to be strictly construed and no use other than the Permitted Use stated in this Permit is authorized. This Permit is not transferable. 5. Term. This Permit shall commence on February 6, 2019 and expire on February 6, 2026 ("Term"). The City's Development Services Department may at its sole discretion cancel, or extend the Term of this Permit at any time by giving written notice to Permittee. 6. Notice Prior to Startin = Work. Before starting any work authorized as a Permitted Use under this Permit, and provided Permittee has submitted to City satisfactory proof of insurance pursuant to Section 15, Permittee shall notify the City's Development Services Department in writing. The notice shall be given at least three (3) days in advance of the date the work is to commence. 7. Inspections, Permit on Site. The City, its employees, agents or representatives may enter and inspect the Permit Area at any time during the Term to verify Permittee's compliance with the terms and conditions of this Permit. A fully executed copy of this Permit shall be kept at the Permit Area when the Permit Area is used and must be shown on demand to any representative of the City. Permits From Other A ei�. At its sole cost and expense, Permittee shall secure the written order or consent for any work from any other public agency having jurisdiction over the Permit Area. This Permit shall be suspended until any necessary written order or consent is obtained by the Permittee. 9. Access. Permittee shall not obstruct the flow of vehicular traffic or impede access to the City Property. 10. Performance of Work. Permittee shall take all actions necessary to ensure that all work associated with the issuance of this Permit is conducted in a safe, prudent and legal manner. 11. Compliance With Laws. Permittee shall comply with all federal, state and local laws, statues, ordinances, rules or regulations, including the California Environmental Quality Act and San Diego County Air Pollution Control District ("APCD") rules regarding hazardous materials, which apply to Permittee's use of the Permit Area. Permittee shall indemnify City from any action resulting from a determination of the legality of its use of the Permit Area in addition to and in accord with the indemnity provisions described in Section 16 Indemnification of this Permit. Permittee must adequately train all employees who perform work pursuant to this Permit regarding APCD's rules. 12. Compliance With Stormwater Laws. Permittee's use of the Permit Area is subject to all -2- 61147.80000\31772208.2 Rev. February 7, 2019 present or future federal, state and local laws, statutes, regulations, ordinances, policies, guidelines and orders ("Stormwater Laws") regarding the discharge of pollutants into the stormwater conveyance system. Permittee's compliance with Stormwater Laws may include requirements for Permittee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices ("BMPs"). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Permittee's use of the Permit Area may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Permittee is required to, and shall use, operate, maintain, develop, redevelop and retrofit the Permit Area, as necessary, in accordance with Stormwater Laws restricting the discharge of non-stormwater at or from the Permit Area; and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Permittee shall develop, install, implement and/or maintain at Permittee's sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Permittee understands and acknowledges that the Stormwater Laws applicable to Permittee's use of the Permit Area may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Permittee's activities or development or redevelopment by Permittee or County. Permittee shall conduct stormwater training and perform regular stormwater self - inspections, and maintain records of all stormwater training and self -inspections and provide all necessary documentation to City upon request. Permittee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Permit Area at Permittee's sole cost and expense. To the extent there is a conflict between any federal, state or local law, Permittee shall comply with the more restrictive provision. If the City receives any fine or fines from any regulatory agency as a result of Permittee's failure to comply with Stormwater Laws, Permittee shall reimburse City for the entire amount of the fine(s). 13. Care of Drainage. If the Permitted Use interferes with the established drainage, Permittee, at Permittee's sole cost and expense, shall provide for care of the drainage as may be directed by the City. 14. Maintenance and Restoration of Permit Area. Permittee shall exercise reasonable care to immediately repair and make good any injury to any portion of the Permit Area which would not have occurred had this Permit not been issued. If Permittee fails to restore any injury to or in the Permit Area to its condition prior to the Effective Date within ten (10) business days after the expiration or earlier termination of this Permit, City may perform the restoration work and bill the Permittee for the work. Permittee shall reimburse the City for the cost of the work, plus administrative expenses, within thirty (30) days of receiving -3- 61147.80000\31772208.2 Rev. February 7, 2019 a bill for the work from the City. 15. Insurance. Permittee shall maintain during the Term of this Permit, and shall furnish to the City, proof of insurance in form and amounts satisfactory to the City. Commercial General Liability policy limits shall be $2,000,000 per occurrence/ $4,000,000 for bodily injury (including death), personal injury and property damage. Automobile liability limits shall be $1 million. Permittee shall also maintain workers' compensation insurance in accordance with all applicable laws. Commercial General Liability and Automobile Liability policies shall be primary insurance and shall name the City and its affiliated agencies and officers, employees and agents as additional insureds and any insurance maintained by City and its officers, employees or agents may apply in excess of, and shall not be called upon to contribute with Permittee's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City and its affiliated agencies, officers, employees and agents and insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. No work under this agreement shall commence until Permittee has provided the City with Certificates of Insurance, and additional insured endorsement forms evidencing the above insurance coverages and said Certificates of Insurance are approved by the City. The City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Permittee shall require similar written express waivers and insurance clauses from each of its subcontractors and shall provide City with copies thereof prior to subcontractors performing any work pursuant to this Permit. 16. Indemnification. Permittee shall defend, indemnify, and save harmless City, its officers, agents, and employees from and against any and all claims (whether valid or alleged), demands, and liabilities for loss of any kind or nature which City, its officers, agents, or employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to property as a result of, arising out of, or in any manner connected with this Permit or with the use of the Permit Area or act or omission by Permittee, its invitees, contractors, agents, employees, or any other persons. Permittee shall pay any and all costs and expenses, including, but not limited to, court costs and reasonable attorney's fees incurred by City on account of any such claims, demands, or liabilities. 17. Hazardous Substances. Permittee shall be solely responsible for fully complying with all present or future federal, state and local laws, statutes, regulations, ordinances, policies, guidelines and orders of any governmental entity regarding contaminated soils, hazardous materials or environmental clean-up, regardless of whether or not the obligation to comply is on the land owner. If any hazardous substance spills, leaks or is discharged from any facility on the property, Permittee shall immediately make all repairs necessary to prevent further spills, leaks or discharges and shall immediately clean up and promptly dispose of the spilled hazardous substance and any soil contaminated by the spill. If the Permittee M 61147.80000\31772208.2 Rev. February 7, 2019 fails to make the required repairs, to clean up the spill or to properly dispose of any contaminated soil, City may after written notice to Permittee take all steps City deems necessary to make the necessary repairs, to clean up the spill and to dispose of any contaminated soil. The Permittee shall reimburse the City for the cost of all repair and cleanup work performed by the City. Permittee shall reimburse the City for the cost of any work, plus administrative expenses, within thirty (30) days of receiving a bill for the work from the City. Permittee shall be solely responsible for paying all fines, damages and penalties imposed by any governmental agency regarding the production, storage, distribution, processing, handling, disposing, spilling, leaking or discharging of any hazardous substance. Permittee shall indemnify, defend, reimburse and hold harmless City, its employees, officers and agents from any and all liability, claims, damages or injuries to any person, including injury to the City or any of City's employees, officers, agents, representatives, guests, licensees, invitees, patrons, or of any other person whomsoever, and all expenses of investigating and defending against same, arising from or alleged to have arisen from or in connection with the presence of hazardous substances, toxic materials or hazardous waste about or beneath the property or migrating to or from the property or arising in any manner whatsoever out of the violation of any governmental regulation pertaining to hazardous substances, toxic materials or hazardous waste which condition exists after the Effective Date of this Permit. 18. Continuing Liability. The expiration or earlier termination of this Permit shall not release Permittee from any liability or obligation under this Permit from any acts or omissions of Permittee that occurred prior to the expiration or earlier termination of the Permit and the restoration of the Permit Area to its condition prior to the Effective Date. 19. No Implied Easement. Nothing in this Permit shall be construed to grant Permittee an easement by implication, prescription, or any other operation of law, or to extend the Term of the Permit past the expiration date. 20. Notices. Any notice required or permitted to be given under this Permit shall be in writing and may be served personally or sent by Untied States mail, postage prepaid, addressed to the parties as follows: If to City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 If to Permittee: Advanced Group 99 -SJ and Advanced Group 03-79-2 -5- 61147.80000\31772208.2 Rev. February 7, 2019 Robb Cerruti 15320 Barranca Parkway, Suite 100 Irvine, California 92618 Any party entitled or required to receive notice under this Permit may by like notice designate a different address to which notices shall be sent. 21. Supersedure. Upon the Effective Date, this Permit shall supersede any other permit made or issued for the Permit Area between the City and Permittee. 22. Effective Date. This Permit is effective as of the date indicated on the first page. 23. Business Days. The term "business days" as used in this Permit means any calendar day other than a Saturday, Sunday, or official City holiday. 24. Entire Agreement. This Permit constitutes the entire agreement between City and Permittee with respect to the subject matter of this Permit, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 25. Governing Law. This agreement shall be construed and interpreted pursuant to the laws of the state of California. 26. Assim=ent or Transfer of this Permit. Neither this agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be deemed null and void. 10 61147.80000\31772208.2 Rev. February 7, 2019 1r` 27, Signatures. This permit is executed by City, acting by and through its City Manager, and by Permittee, acting by and through its authorized person to bind Permittee. "Permittee" Advanced Group 99 -SJ, a California limited partnership, 4 Date: z lv 2v t By, Robb Cerrut i Secretary of the General Partner Advanced Group 03-79-02, a California limited partnership, Date.. t `j By. Roh . Cerruti Secretary of the General Partner 4.Cityl, City of San Juan Capi 2��3�� Date: By: City APPROVED AS -TO -FORM Citv Atto ey L%6idscLqcV4L (- -7- 61'47.80000\31772209.2 Rev, February 6, 2019 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PERMIT AREA A-1 61147.80000\31772208.2 Rev. February 7, 2019 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Commencing at the southwesterly terminus of that certain course "N 10°52'01" E 536.93"' shown along the general easterly boundary of Record of Survey No. 81-1136, .filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said boundary North 10°52'20"E 107.72 feet to the 'Il ue Point of Beginning; thence leaving said boundary, South 89°25'52" East 104,75 feet; thence South 20°22'36" East 72.89 feet; thence South 12°11'03" East 11.45 feet; thence South 76°38'41" East 27.61 feet; thence South 81°52'12" East 82.83 feet; thence North 774,08" East 22.97 feet; thence North 44°59'59" East 23.47 feet; thence North 8716'25" East 20.52 feet; thence South 26°33'54" East 17.46 feet; thence South 77°39'39" East 31.97 feet; thence South 70°42'36" East 41.37 feet; thence North 73°51'21" East 38.61 feet; thence South 48°43'54" East 63.63 feet; thence North 87°57'16" East 54.70 feet; thence North 86°16'07" East 45.00 feet; thence South 67°41'38" East 41.15 feet; thence South 3744'07" East 48.74 feet; thence South 32033'00" East 54.43 feet; thence South 26°56'22" East 66.79 feet; thence South 22009'59" East 56.92 feet; thence South 31°36'26" East 44.70 feet; thence South 25°01.'01" East 48.47 feet; thence South 7°21'08" East 30.51 feet; thence South 78°41'23" West 1493 feet; thence North 43°59'41" West 39.35 feet; thence North 32°54'19" West 59.29 feet; thence North 18°12'30" West 78.09 feet; thence North 19°46'02" West 66.38 feet; thence North 33°26'24" West 62.00 feet; thence North 82°11'05" West 50.25 feet; thence South 69°04'32" West 35.33 feet; thence South 61955'39" West 49.78 feet; thence South 82°52'30" West 55.09 feet; thence North 86°16'08" West 45,00 feet; thence North 60°56'42" West 30.15 feet; thence North 57°27'54" West 67.15 feet; thence North 82°59'56" West 56.06 feet; thence North 71°06'50" West 39.20 feet; thence North 77°28'35" West 52.35 feet; thence South 12"10'59" East 1.63 feet; thence South 29°11'51" East 76.04 feet; thence South 14°44'37" East 38.35 feet; thence South 14°02'10" West 40.25 feet; thence South 44°14'10" East 51.77 feet; thence South 49042'28" East 58.87 feet; thence South 8°31'49" West 19.74 feet; thence North 79°49'28" West 38.68 feet; thence South 19°58'59" East 57.13 feet; thence South 25°46'09" East 62.87 feet; thence South Date: June 14, 20118 WO No. 3059-2 Page 1 of 6 H&A Legal No. 9383 By: C. Trip Checked BY: J. Kinnie IEXMBIT Tapia LEGAL DESCRIPTION 16°41'56" West 30.57 feet; thence South 40°14'11" East 49,87 feet; thence South 30015'22" East 40.68 feet; thence South 47°36'11" East 30.40 feet; thence South 69°02'39" East 49.13 feet; thence North 90°00'00" East 59.54 feet; thence South 60°31'26" East 25.79 feet; thence South 67°13'03" East 52,94 feet; thence South 82°24'19" East 44.31 feet; thence North 74°03'15" East 42.64 feet; thence North 68°52'32" East 46.04 feet; thence South 81°19'36" East 58.26 feet; thence South 7537'08" East 39.30 feet; thence South 59°14'14" East 47.71 feet; thence South 62°56'57" East 5151 feet; thence South 53°07'50" West 24.40 feet; thence North 66°39'58" West 54.22 feet; thence North 73°08'30" West 67.32 feet; thence South 87°55'48" West 81.07 feet; thence South 75°00'18" West 56.59 feet; thence North 81°52'11" West 48.31 feet; thence North 56944144" West 71.20 feet; thence North 85°18'05" West 7150 feet; thence North 75°22'45" West 46.40 feet; thence North 39048'20" West 53.37 feet; thence North 33°08149" West 57.13 feet; thence _North 27°10'52" West 40.60 feet; thence North 17°21'15" West 32.73 feet; thence North 41°52'40" West 38.02 feet; thence North 40°36'05" West 36.00 feet; thence North 16°18'49" West 41.70 feet; thence North 12°31'44" West 27.00 feet; thence North 75°04'08" West 15.15 feet; thence South 47°43'35" West 14.51 feet; thence South 10°42`47" West 36.76 feet; thence South 5°01'01" West 68.71 feet; thence South 15°35'00" East 3.17 feet to said general easterly boundary; thence along said boundary the following two courses; 1) North 22045'43" West 402.93 feet and 2) North 10°52'20" East 107.02 feet to the True Point of Beginning. Containing an area of 2.987 Acres, more or less, Parcel 2 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Commencing at the southeasterly terminus of that certain course "N 22°45'43"W" 1046.87"' shown along the general easterly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said boundary North 22°45'43"W 496.84 feet to the Rue Point of Beginning; thence leaving said Date: June 14, 2018 WD No. 3059-2 Page 2 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. Kinnie EXHIBIT "A" LEGAL DESCRIPTION boundary, North 226'09" West 7.86 feet; thence South 4647'23" East 45.57 feet; thence South 31032'05" East 51.95 feet; thence South 20°54'29" East 95.88 feet; thence South 8°19'32" East 41.70 feet; thence South 10°47'03" East 43.03 feet; thence South 39°55'14" East 64.30 feet; thence South 39028'20" East 44.33 feet; thence South 58°14'26" East 99.42 feet; thence South 62°09'09" East 60.32 feet; thence South 51°08'47" East 46.52 feet; thence South 45°58'15" East 83.98 feet; thence South 57°27'00" East 56.11 feet; thence South 58°14'25" East 74.57 feet; thence South 59°20'08" East 132.21 feet; thence South 55°06'34" East 93.24 feet; thence South 29°44'43" West 8.11 feet; thence North 71°33'54" West 41.37 feet; thence North 60°38'32" West 55.42 feet; thence North 53°01'54" West 117.14 feet; thence North 56°4112" West 126.44 feet; thence North 61°2322" West 63.05 feet; thence North 50°29'33" West 74.35 feet; thence North 59°02'11" West 82.15 feet; thence North 58040'16" West 81.29 feet; thence North 57°39'10" West 38.66 feet to said general easterly boundary; thence along said boundary, North 22°45'43" West 354.30 feet to the True Point of Beginning. Containing an area of 0.467 Acres, more or less. Parcel 3 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County recorder of said county, described as follows: Beginning at the westerly terminus of that certain course "N 79°42'31" E 1568.52"' shown along the general southerly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said southerly boundary, North 79°42'34" East 1473.86 feet; thence leaving said boundary, South 1°15'02" West 2.82 feet; thence South 32°11'45" West 69.24 feet; thence South 52°25'53" West 71.19 feet; thence South 73°00'33" West 81.69 feet; thence South 57°48'15" West 69.24 feet; thence South 68144'58" West 83.82 feet; thence South 63°53'10" West 123.26 feet; thence South 86°11'09" West 32.62 feet; thence South 66°02'15" West 64.12 feet; thence South 63°26'06" West 48.53 feet; thence South 72°53'50" West 8855 feet; thence South 71°33'54" West 54.90 feet; thence South 59°02'11" West 25.31 feet; thence South 65°25'58" West 83.52 feet; thence South 77°59'19" West 104.28 feet; thence Date: June 14, 2018 WO No. 3059-2 Page 3 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. Kinnie EXHIBIT "AA" LEGAL DESCRIPTION South 64°13'50" West 69.88 feet; thence- South 86031'55" West 71.75 feet; thence North 88055'09" West 115.04 feet; thence North 81009129" West 98,83 feet; thence North 68437'46" West 53.60 feet; thence South 71°33'54" West 48.04 feet; thence South 66°48'05" West 66.11 feet; thence South 7210152" West 63.83 feet; thence South 7737'09" West 91.09 feet; thence South 79°15'40" West 128.11 feet; thence South 81'28'09" West 43.89 feet; thence North 49°11'05" East 63.08 feet; thence North 32°00'19" East 40.95 feet; thence North 16023122" East 38.45 feet; thence North 25033'36" East 55.33 feet; thence North 28°36'37" East 27.19 feet; thence North 6857'45" East 5.72 feet; thence North 10°02'43" East 9.51 feet; thence North 26°33'53" East 7.28 feet; thence North 14°02'10"' East 17.90 feet; thence North 29'21'27" East 19.92 feet; thence North 17°39'01" East 20.84 feet to said general southerly boundary; thence along said boundary, South 89°31'31" East 114.29 feet to the Point of Beginning. Containing an area of 7.200 Acres, more or less. Parcel 4 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the westerly terminus of that certain course "N 89°31'31" W 484.46"' shown along the general southerly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder, thence along said southerly boundary, South 89°31'31" East 352.90 feet; thence leaving said boundary South 16°44'31" West 44.12 feet; thence South 42050'22" West 44.53 feet; thence South 24°02'31" West 4759 feet; thence South 20°02'21" West 4394 feet; thence South 19°15'16" West 39.12 feet; thence South 44°48'51" West 30.69 feet; thence South 53°20'42" West 62.07 feet; thence South 661657" West 16.53 feet; thence South 77°17'08" West 80.03 feet; thence South 78°30'16" West 143.85 feet; thence South 89°48'52" West 41.23 feet; thence South 80°21'07" West 52.80 feet; thence South 86048'06" West 41.29 feet; thence North 77°55'15" West 24.64 feet to the general southeasterly boundary of said Date: June 14, 2018 WO No. 3059-2 Page 4 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: I Kinnie EXHIBIT "A" LEGAL DESCRIPTION Record of Survey No. 81-1136; thence along said southeasterly boundary, North 32°26123" East 375.98 feet to the Point of Beginning - Containing an area of 2.524 Acres, more or less. Parcel 5 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the southwesterly terminus of that certain course "N 32°27'34" E 622.33"' shown along the general southeasterly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said boundary, North 32°26'23" East 213.11 feet; thence leaving said boundary, South 81°15'13" East 21.15 feet; thence North 80°32"15" East 39.60 feet; thence North 81°52'12" East 76.73 feet; thence North 80°52'11" East 123.09 feet; thence North 79030'30" East 59.59 feet; thence North 83°02`50" East 89.64 feet, thence North 79°27'39" East 94.92 feet; thence North 78°_59'47" East 159.18 feet; thence North 74°25'39" East 137.42 feet; thence North 61°55'38" East 36.89 feet; thence North 74028'34" East 40.54 feet; thence South 78°06'41" East 42.14 feet; thence South 82°05'34" East 78.87 feet; thence South 84°33'35" East 45.78 feet; thence South 87003151" East 84.75 feet; thence North 90°00'00" East 56.42 feet; thence South 59°44'38" West 30..15 feet; thence South 67°34'27" West 147.90 feet; thence South 63026'06" West 218.38 feet; thence South 66°19'46" West 345.94 feet; thence South 69°51'49" West 69.34 feet; thence South 42°42'34" West 38.39 feet; thence South 64°26'24" West 5533 feet; thence South 63°26'06" West 24.92 feet to a point referred to hereon as Point A; thence North 72°45'31" West 69.82 feet; thence North 90'00'00" West 59.90 feet; thence South 75'57'50" West 75,16 feet; thence South 87°36'51" West 62.55 feet; thence North 47°43'35" West 38.71 feet; thence North 71°4413" West 144.48 feet; thence North 45°51'01" West 10.79 feet; thence South 4112052" West 5.12 feet; thence North 71°44'13" West 1.74 feet to the Point of Beginning. Containing an area of 5.489 Acres, more or less. Date_ June 14, 2018 WO No. 3059-2 Page 5 of 6 II&A Legal No. 9363 By- C. Tripi Checked Bv: J. Kinnie EXHIBIT "A" LEGAL DESCRIPTION Parcel 6 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Commencing at the above described Point A in Parcel 5; thence South 89°59'45" East 28.26 feet to the True Point of Beginning; thence North 58048'54" East 24.19 feet; thence North 74°28'33" East 13.18 feet; thence North 67°59'19" East 17.60 feet; thence North 564606" East 24.08 feet; thence North 51°40'00" East 19.03 feet; thence North 51°08'48" East 16,05 feet; thence North 53°23'35" East 12.79 feet; thence North 68°05'49" East 155.93 feet; thence North 66002'15" East 170.99 feet; thence North 65°02'43" East 241.75 feet; thence North 65015'56" East 212.65 feet; thence North 63°26'05" East 33.97 feet; thence North 68°25'44" East 100,34 feet; thence North 81°38'02" East 74.58 feet; thence North 69°08'43" East 48.77 feet; thence North 52607'31" East 2.46 feet; thence North 52°07'31" East 22.28 feet; thence North 65°05'42" East 66.99 feet; thence North 75°57'50" East 21.00 feet; thence South 72°53'50" East 15.79 feet; thence South 54°12'40" East 6.72 feet; thence South 54°12'40" East 8.96 feet; thence South 27°14'07" East 30.66 feet; thence South 29°50'45" East 56.39 feet; thence South 28°22'32" East 50.45 feet; thence South 17°31'32" East 21.56 feet; thence South 1°30'27" West 15.24 feet; thence South 20°33'22" West 12.35 feet; thence South 65°48'09" West 1036.22 feet; thence North 8105338" West 51.02 feet; thence South 77044'07" West 19.20 feet; thence South 66°56'55" West 11.03 feet; thence North 81°18'49" West 14.18 feet; thence North 63°26'06" West 82.75 feet; thence North 65°24'36" West 96.04 feet; thence North 79°18'54" West 1.33 feet; thence North 47'43'35" West 0.69 feet; thence North 67°59'19" West 14.23 feet; thence North 65113'29" West 12.06 feet; thence North 80°20'53" West 20.93 feet; thence North 84°53'22" West 13.66 feet to the True Point of Beginning. Containing an area of 6.049 Acres, more or less. All as shown on Exhibit "B", attached hereto and by this reference made a part hereof. Charles R. Thpi, PLS 7299 Date: & t r S I t 8 LAND s� Charles R. Tnpi -A No. 7299 F CAI. Date: June 14, 2018 WO No. 3059-2 Page 6 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. t{innie EXHIBIT "B" Sketch to Accompany Legal Description PCL 4-- 2.524 AC. ,y eVSA .QB S 0 1489°301"W! -- - 484.46'-. - 6L- ' N%"16J. PCL 5 5.489 ACS T.P.0.8. PCL 0 11, � - - 0-16 a_ N n �J z� _1 P.O.C. PCL 1:1 LOT 4 RSA 41-15, .P.O.B. PCL 1 2.987 AC. T.P.O.9.�-6 , Ia. r �QPCL 2 0.467 AC. P.O.B. PCL 3 2 4µE 1588.56' \ 1 pa- 2 1L 3 7.,.G AG. \ A 4/1-5 • LEGEND: o_ r� f ® INDICATES SHEET NUMBER CHARLES R. TRIPI, PLS 7299 DATED ®HUNSAKEA & ASSOCIATES EXHIBIT B 1 R V 1 N E , I N C . PLANNING ENGINEERING + SURVEYING Thee Huom • hvir, CA 92618 • PH: (949) 501M • F1t (949) 5e3-WS9 CITY OF SAN JUAN CAPISTRANO, COUNTY OF OR MCS STATE OF CAUFORNIA F ' 6/14/18 ons ---- a', C.TRIPI BK° R. WHEELER SCALE: 1"=500' W.O. 3059-2 H&A LEGAL No. 9383 SHEET 1 OF 9 EXHIBIT "B" 10, - L21 L22 Sketch to Accompany Legal Description "Al OD -L 29 N L10 - "' ��j ori � i• s . �i .._. `-+'. ""JJ � V 1 L8 l0.'--L8 L4,7, L43 Lei L5 fib lb L40 L7B A- L N20'22'36"W,,... LI 72,89' PARCEL 2,987 ACRES in U-) �N 2 T P. Z: 220 1� ----------- P P.0.Ct 0. C. PCL 1 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES HUNSAKER & ASSOCIATES EXHIBIT B, I R V I N E , I M C PLANNINC w ENGINEERING a SURVEYING nwm Hughes - Uvm CA mia - PK, (949) 5M.1010 - FX (949) 563N.M9 SAN JUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA DATE: 6 14/18 'ATr- R. WHEELER SCALE, 1"=100* W.O. 3059-2 ZI ' - - -- C.TRIP[ LB 0 LE: 11, 1 jo - o M adows\LD\9383\SH702.dv4g H&A LEGAL No. 93831 SHEET 2 O�F�9j EXHIBIT "B" Sketch to Accompany Legal Description PARCEL 2 ' .71 PARCEL 0.467 ACRES 2.987 ACRES La vf J- lp L z C5 L) CL rL CY) Uj <11 V) LLJ Cr L57 < \o P P C14 Qt�Dk��jcU �h---- f� -' N�rL C6 tp 00 C6 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES SHZ 11P 2" 4 & ASSOCIATES EXHIBIT B ®HUNSAKER V I N E , I N C . �R mNINC - ENGINEERING a SURVEYING Thtee Hughes lr*-4 CA 92618 - PR (949) 5931M - FX: (949) 5834M SAN JUAN CAPISTRANO, COUNTY OF ORANQ� STATE OF CALIFORNIA DAM 6/14 18 DREIIAT� *cC.TRIPI rK" R. WHEELERSCALE: 1"=100' W.O. 3509-2 Vr 'in Jwor; eodows"\L D iY, SL \W LHALEGAL No. 93831 SHEET 3 OF 9 L113' I EXHIBIT "B" Sketch to Accompany Legal Description S"q'EsifIIV'T3 r - r -� N n_ \-,,+1 SEE SHEETS 7, 8 AND 9 FOR UNE TABLES� "'�' ,SH ET 5 M HUNSAKEk & ASSOCIATES EXHIBIT B 1 R V I N E I N C . PLANNING a ENGINEiRINC ■ SURVEYING nese Hughm • IrAm CA 92618 • Mt (949} 5a3 -10V • M (449) 593-0759 SAN JUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA r7lE 6/14/10 o ie ---- ex C.TRIPI c,,,4 R. WHEELER SCALE: 1"=100' W.O. 3509-2 HBA LEGAL Na 93831 SHEET 4 OF 9 �r A� N, _- L209 LO L207 a ,r, a PARCEL 3PARCEL 6 7.200 ACRES N 6.049 ACRES Cj -� N n_ \-,,+1 SEE SHEETS 7, 8 AND 9 FOR UNE TABLES� "'�' ,SH ET 5 M HUNSAKEk & ASSOCIATES EXHIBIT B 1 R V I N E I N C . PLANNING a ENGINEiRINC ■ SURVEYING nese Hughm • IrAm CA 92618 • Mt (949} 5a3 -10V • M (449) 593-0759 SAN JUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA r7lE 6/14/10 o ie ---- ex C.TRIPI c,,,4 R. WHEELER SCALE: 1"=100' W.O. 3509-2 HBA LEGAL Na 93831 SHEET 4 OF 9 N89031`31"W 484.46' 352.90' - 114.29' - --r044 Li 42 ti =."`-141 140 V � --_-'4-139 j 64 , N s EXHIBIT RB" Sketch. to Accompany Legal Description ��g 42'34E igfifi.5& o r+ i 473-$b PAR PCL 3 PARCEL 3 7.200 ACRES PARCEL 5 5.489 ACRES d222 Z\9 PARCEL 6 6,049 ACRES SEE SHEENS 7, 8 AND 9 FOR LINE TABLES ®L; U N SAKE R & ASSOCIATES EXHIBIT B I R V i N L I N C . PLANNINC ■ ENGINEEKINC a WRVEYING Three I-higlw, • Wimm ra 92478 - F4 1. fAgt S03-VIO - FSC %3• M BAN JUAN CAPISTRANO. COUNTY OF ORANGE, STATE OF CALIFORNIA DATE, 6 14 18 0 ?� 4444 a C.TRIPI eyd R. WHEELER SCALE 1"=10dr W.O. 3609-2 FILE' I: \Son J.ar Meadows\LD\h383\3;-i ir5.dwg H&A LEGAL No. 9383 SHEET 5 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description 0. B, 5 PCL T10 L19'L L 5PCL 4 N89'31'31"W 48k46' PCL 6 352.90' 227 PT A/P,O.C. T. P1.0 B. t DETAIL N. T. S_ PARCEL 4 2.524 ACRES LIM, 1 ry L16b .-L 1. Lq 59 151 156 11 4 L163 4 5 kX) LIGO PARCEL 5 P.O.B. 5.489 ACRES PCL 5 P.O.C. 114'.090 PCL B/PT A 19 7 'bV Ll 83 L185 L 182 T.P.Q.B PCL 6 SEE DETAIL HEREON PARCEL 6 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES 6,049 ACRES MHUNSAKER & ASSOCIATES EXHIBIT B Ik v I t4 E , I N G"'NNING a ENUt4EFRINC 8 SURVEYING Now I Rims - Wim CA 926U - M 049] 583MI0 - FY' (94% W-EVS9 SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE 6114/18 1 ROcAvT- D"o C TRIH c ,," R WHEELER SCALE: 1"=100' W.O. 3509-2 \'Sor, Juori H&A LEGAL Na 93831 SHEET 6 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description LINE BEARING _ LENGTH L47 N16°41'56"E.1 - 30.57' _ L48 N40°14'11"W 49.87' L48 N30°15'22"W 40.4 !-5D N47°36'11"W 1 30.4()' L51 N69°02'39" W --49.13' L52 WEST 59.54' L53 N6.0°31'26"W 25.79' r L54 N67°t3'03"W _ 52.94' L55 N8r24'197W 44.31' L56 N74°03',5"E _ 42,64'...- 60 N68052'32"E _46.04' L58 N81°19'36W 58.26' L59 N750001 "W� _39.30' L60 N59°14'14"W _4771' L61 N62°56'57"W 51.51' L62 N53°07'50"E 24.40' L63 N56°39':58"W 54.22' _L64 N73008'30"W 67.32' L65 ' N87"55'48_ "E 81,07' L66 N75°O0'i8"E 56.59' _ L67 N81 °5_2'11"W 48.31' L58 N56°44'44"W 71,20' L69 N85°18'05"W 71.50' f L70 1475°22'45"W -48.40' - L71 N39°48'20W _ 53 37' L72 433°08'49W 5713' 111 L73 N27°10'52"W 40.60' L74 417°21'15"W 32.73' L75 N41"5240"W L 38.0.2' L76 N40°36'05"W 35.K L77 NWIB'49"W 41.70' L78 N12°3ii'44'W 27.Q0' I U9 N75°04'08'W 15.15' • L80 N47°43'35"E 14.51' L81 N10942'47"E 36.76' L82 N05°01'01'E � 68.71' L83 Naz°26'09"W I T.86' L84 N_46°47'23"W 1 45-57' L85 N31°32'05"W 51.95' L86 N20°54'29"W 95.88' L87 N08°19'32"W 41.70' L88 N10°47'03'W 43.03' . L89 N39"55'14"W 64.310 j L9Q N39°28120"W 44.33- L44 N58°i4'25`W - 99.42• L92 1462_°43'09°W $0._32' L93 N51 °08'47"W T 48,52' �HUNSAKER & ASSOCIATES EXHIBIT B I R V I N E , I N C PUNNING * ENGINEERING • SURVEYING Thme Hu6Fe° • W-Am CA WOO • PH: (949) 583.1010 • F% (949) 583.0199 SAN JUAN WISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 6 14 18 oniE ---- Ely C. TRIM BY° R, WHEELER SCALE N/A W.O. 3509-2 H&A LEGAL No. 9383 SHEET 7 OF 9 I.fNE FABLE LINE BEARING LENGTH !7� N12°11'03"W I _ 11.4_5'_ !!$ N75°38'41"W _27.61' L3 N81°52't2"W 8283` L4�N77°44'fl$'E_ 22.97' L5 ! N44'5 L5 23.41' L6 N87°16'25"E 20.52' L7 N26°33'54"W 17.46' L8 N77°39'39"W 31.97' L9 N70°4x•3_6"W. 41.37' L1±3 --__ N73°_51'21"E 38.61' Ll l N48"43'54"W I _ �6 L12 N87°57'16"E Y 54.70' t L13 _ N86°t6'07"E _ 45.00 y L14 N67°41'38"W � a7,15' I Lis lN32"44'07"W 1 48.74' ? _Li6 N32°33'00"W � 54.43' I L17 N26°56'_22"W L 66-79' L18 N72°03'59_ "W 56.92' , L19 �N31°34'26"W 44.70' I L20 � N25'01'Ol"W 48.47' � L21---� N07°21"OB"W' 1� L22 i N78°4i'x3"� _I4.g3'_ L23 N 43'59'41 "W 39_.35-� L_Z4 N32°54'19"W � 59:29' L25 N18°72'30"W `7$.09' r L25 _ N19°46'U2"W � 6fi.3B' L2.7 N33°26'24"W 62:00 L28 � N82°1i'05"W 50.25' 1 L29� Al69°04'32 35.53' y L30 - -- N61 °5539°r 49.7$ L31 N82°52'30"E 55;DS' ! L32 N8691 45,00' . L33 N6 30,15' 30.15` L34 N57°27'54">R1 � 67.15' L35 N82°59'56"W 56:06' L36 N71°06'SQ"W 39.20' L37 N77°28'35�W 1 52.35 L3$ N29°11'51"W 76.04' L39 N14°44'37' W 38.35' L4Q N14°02'1_0"E 1. 40.25' }._4_1�44°t 4'10"IVT 51.77' L42 1 N49°42'28"W 58.@7' L43 NQe°31'A�9"� is.i4' L44 � N79°49'28"W 38.68' L45 57•t3 1I L46 _N19°5$'58"YV N25°46'09"W 82,$7' EXHIBIT "B" Sketch to Accompany Legal Description r irAc7i r -- LINE REARING-L.-E--NGTH L94 245°58'15'W I 83.98' L95 N57027'00"W 1 56.11' iL96 N58'1 4'25"W 74,57' L97 _ 046 132:21' ELM - _ _N59°20'08"w N55'06'34"W 93.24' L99 N29'44'43"E 8.11' L100 N71.33'54•`W N20°02'21"E L101 280°38'32"W _41,37' 55.42' L102 N530'01'54"W 1 1.17.14' L103 N55041'2rW I 126.44' L104 N61023'22iW I 63.OV L105 N50029`33"W r 74.35' 006 N5rVi1"W N7W3VI6'_E14143.W 82.15 L107 258°46'16"W 1 1 81.29' 38.66' 28_2' L108---_N57°39'10'W L109 N0_1°l5'02'_E L110 -232°11'45"E 41.29_ 69-24' L111 N52'25 53"E L160 71.191 L N73°00'33"E+ N8Q°32'15"E L1I12 13 N57°481151E 76.73' f _81.69' 69.24' L114 N68' 44'58"E L164_ N79'30'30"E 83.82' T ' 115 N63"53'10 "E 89.64' 123.26' 32.62' L116 N66'1 1'09"E lL117 N66°02'15"E -94 N78°59'47"E 64.12' f L168 r�63°26E �_AR (NS _L1 )`2 1_9. ,472°53'50"t N74°28'34"E 88.55' L120 N78°06'41"W 42.14 54.90' ; L121 _N71033'54"E N59.02'11"E� L173 25.31' . LT 22 Nfi5.25'58"E ! 83.52' L123 N77059'1 9'E 104.28' L124 N64FlYM"E 69.88' L125 N86'31'55"E I 7.1.75' I L126 wee, S5'Q9"W 115.04' ' L127 N81'09'29"W 9$83' L128 N68"37'46"W'�- 53.60' L129 N7743354"E ! 48,04' L130 N56°48'05'E -- -56.11' L131 N72.1W521 63.83' L132 N77°37'09"E 91.09' L133 N79'15'40"E 128,11' L134 NBT028'09"E 43.89' L135 _ N48'11'05"E 63,0_8, L136 N32000'1VE L186_ N47°43'35"W L157 N16"23'22"E _40.95' 38.45' 1.138 N25°33'36"E 55.33' LIJ2P I rvL0 JD J/ r- I !-/. Ili L140 N68°57'45E 5..72' L141 N10002'43"E 9.5.1' 1142 N26'33'53"E 7.28' L10 N 14°02'10-E 1 17.813' L144 L145 N29°2127"E N17'39 01 "E 19.92' 20.84' _ 046 . :T 44.1 L147 _N16°44'31"E N42°50'22'E 44.x' . L148 y - N24002'31'E 47,59' L149 N20°02'21"E 43.94' L150 N19'15'10E39.12' L151 N44'a8'51"E _ 30.69' L152�N53°20'42'E i 62.07' L153 N66`3_6'57"E 16.53' �L154 -L N7]017'08"Iw 80.03' 5315 ! N7W3VI6'_E14143.W L156 N88948'52`E 4 41.2_3' L157 ' 52.60' L158 _N80°21'071 N86'48'06"E ! 41.29_ L159 277°55' 15"W 24.6_4 L160 281'15'13"W 21.15 L161 N8Q°32'15"E L162 N81052'12E I 76.73' f L163 1 N80052)1E 123,09' L164_ N79'30'30"E 59.59' L165 N83'02'50"E 89.64' i-166 N79'27'39'E .92' L167-7 -94 N78°59'47"E - 159.18 f L168 N74025'39"E 1 137.42' I L169 N61 *55'38'E 36.89' rL170 N74°28'34"E 40.54' L171 N78°06'41"W 42.14 L172 t N82°05'34"W 78.87' L173 N84'33'35'W -45.78' { L174 j N8_7003'51'W 84-75' 1 L175 WEST 56.42' L176 N_59°44'38'E 30-15' L177 267'34'27"E 147,90' L178 N6905 89.3 4' L179 _1'49"E 242°42'34"E 38.39' L180_ N64'26'24"E 081 N63°WOVE _55.33' 24.92' 69.82' L182 N72'45'31"W L183 WEST_ 59.90' L164 N7505r50"E 7516' L185 N87°36'51"E 62.55' 38.71' L186_ N47°43'35"W L167 N71°44'13"W 144.48' ®HUNSAKLR & ASSOCIATES EXHIBIT B I R V I N E I N C PLANNING • ENGINEERINC SURVEYING Thr" Hughm . brew, ca SwTs • P►c (949) 5811010 • EX (949) 563-M59 SAN AUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA DATE, 6 14 18 0 ---- e C.TRIPI B ° R, WHEELER SCALE: N/A W.O. 3509-2 "`E` �5^,'uc'n �l��.o�ws\! G\,`.�.�K.3\�ii��g H&A LEGAL No. 93831 SHEET 8 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description LINE TABLE ' UNE BEARING LENGTH L188 _ N45051'01"W 10.79' j L189 N41020'52"E i 5.12' ] L190 N71044'13"W . 1.74 L191 N58°454E x4.19' L192 T t� N7_4°x8'33"E ` 13.18' L193 167°59'19"1 17.60' L194 N56°46'06"E ' 24.08' L195 N51°40'00"E 19.03' L196 _ N51°08'48'E 16_.05' _ L1_97 N53023'35"F _1_2.79' + L198 N6rO5'49'E 155.93' I L199 N66 02'15"E L200 N65°02'43"E L201 N6515'5 170.9_9' 241-75' (212.65' L202 1463°26'05'E 3.s.91' L203 N68°25'44"E _ 100.34' 1204 N81038'02'E_ L205 N69008'43"£ _74.58' 48.77' 1 L26i N52007'31"E — -2-2_:28' L207 1465`05'42"E 66:99' + L208 N75"57'50'E –21.00' L209 N72053'50"14 15479' L210 454°12'40"W 1 .96' L211 N,27°14'07"1M 30.66' L21 NN29°50'45"W 56.39' L213 1428°22'32"N 50.45' L214 N17°31'32"W 21-56' L215 1401°3027"'- 15,24 L216 N20°33'22"E 122.35' �L217_ 1481 °53'38"W 51.02' L218 N71044'07"E 19.20' L219 N66°56'55"E 11.0y L22Q N81016'49"W 14.18' L2211 N63"26'06"W } 82.75' L222 N65°24'36"W 96.04` N79018'54"W 1.33' _1223 LY24 N47°43'35"W 0.69' L225_1 _N67°59'19"W; 14-22' L226 148Q°20 53 W 20.93' LLG_ I I N04 -JJ tL ri' � I�.GD ®HUNSAKEP, & ASSOCIATES EXHIBIT B I R v I N E , 1 N C . PLANNING ° ENGINEERING a SURVEYING Theo Hughes • OVb% CA 9MIS • PK (%W 58-VWIO • FX (949) 583-0759 SAN JUAN CAPIUMMO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE. 6/ 14 18REV---- C,TRIPI e d R. WHEELER SCALE: _N_ /A _ W.O. 3509-2 _ "� I \S::n Juan LEGAL NO. 938,31 SHEET 9 OF 9 Map Check Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/18 01:02:39 PM BY: Chuck Title: PCL 1 LD9383 Crs Bearing 43059'41" Starting Coordinates 26. 1. S 89025152" W E 2. S 20022136" W E 3. S 12011'03" E 4. S 76038'41" E 5. S 81052'12" E 6. N 77044108" E 7. N 44059159" E 8. N 87016125" E 9. S 26033'54" E 10, S 77°39139" E 11. S 70°42136" E 12. N 73051121" E 13. S 48043154" E 14. N 87057'16" E 15. N 86016'07" E 16, S 67041138" E 17. S 32°44'07" E 18. S 32033100" E 19. S 26056122" E 20. S 22009159" E 21. S 31036'26" E 22. S 25001'01" E 23. S 07021108" E 24, S 78041123" W 25. N 43059'41" W 26. N 32054'19" W 27. N 18012'30" W Distance 104.75 72.89 11.45 27.61 82.83 22.97 23.47 2.0.52 17.46 31.97 41.37 38.61 63.63 54.70 45.00 41.15 48.74 54.43 66.79 56.92 44.70 48.47 30.51 14.93 39.35 59.29 78.09 1 Northing 2123186.1235 2123185.0834 2123116.7546 2123105.5625 212.3099.1849 2123087.4711 2123092.3505 2123108.9464 2123109.9225 2123094.3056 2123087.4738 2123073.8073 2123084.5430 2123042.5735 2123044.5260 2123047.4545 2123031.8358 2122990.8368 2122944.9566 2122885.4142 2122832.7011 2122194.631.8 2122750.7091 2122720.4500 2122717.5219 2122745.8304 2122795.6085 2122869.7883 Easting 6133295.9887 6133400.7335 6133426.1131 6133428.5297 6133455.3930 6133537.3906 6133559,8363 6133576.4321 6133596.9288 6133604.7372 6133635.9687 6133675.0161 6133712.1035 6133759.92.96 6133814.5948 6133859.4994 61338 97. 57 01 6133923.9267 6133953.2119 6133983.4710 6134004.9468 6134028.3738 6134048.8711 6134052.7754 6134038.1354 6134010.8032 6133978.5938 6133954.1927 Map Check (cont,) Record: 1:\San Juan Meadows\LO\93831MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/16 01:02:39 PM By: Chuck Title: PCL 1 LD9383 Crs Bearing Distance Northing Easting 28. 29. KU 31. 32. 33. 34. 35. 36. 37. 38- 39. RI MP 41. 42. 43. 44. 45- 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. N 19046'02" W N 33026'24" W N 82011'05" W S 69004'32" W S 61055'39" E S 47036'11" W 5 8.2052'30" E W N 86016'08" W N 60056'42" W N 57027154" W N 82059'56" W N 71006'50" W N 77028'35" W S 12010'59" E S 29011'51" E S 14°44'37" E S 14002'10" W S 44014'10" E S 49042'28" E S 08031'49" W N 79049128" W S 19058'59" E S 25046'09" E S 16041'56" W S 40°14'11" E S 30°15'22" E S 47036'11" E 5 69002'39" E EAST 66.38 62.00 50.25 35.53 49.78 55.09 45.00 30.15 67.15 56.06 39.20 52.35 1.63 76.04 38.35 40.25 51,77 58.87 19.74 38.68 57.13 62.87 30.57 49.87 40.68 30.40 49.13 59.54 2 2122932.2568 2122983.9935 2122990.8265 2122978.1315 2122954.7116 2122947.8785 2122950. 80 68 2122965.4492 2123001.5634 2123008.3965 2123021.0851 2123032.4367 2123030.8434 2122964.4648 2122927.3775 2122888.3293 2122851.2376 2122813.1611 2122793.6455 2122800.4789 2122746.7885 2122690.1707 2:.22660.8899 2122622.8199 2122587.6812 2122567.1836 2122549.6124 2122549.6124 6133931.7431 6133897.5771 6133947.7939 6133814.6070 6133770.6835 6133716.0189 6133671.1143 6133644.7585 6133588.1468 6133532.5048 6133495.4152 6133444.3108 6133444.6548 6133481.7487 6133491.5086 6133481,7466 6133517.8622 6133562.7657 6133559,8376 6133521.7660 6133541.2897 6133568.6222 6133559.8382 6133592.0514 6133612.5486 6133634.9988 6133680.8791 6133740.4191 Map Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/18 01:02:39 PM By: Chuck Title: PCL 1 LD9383 Crs Bearing Distance Northing Easting 56 57. 58- 59. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77- 78. 79. 80. 81. 82. 83. S 60031'26" E S 67013'03" E S 82024'19" E N 74003"15" E N 68052'32" E S 81°19'36" E S 75037'08" E S 59'14'14" W E S 62056'57" S 47043135" E S 53007'50" W N 66039'58" W N 73008'30" W S 87055'48" W S 75000'18" W N 81°52'11" W N 56044'44" W N 85°18'05" W N 75022'45" W N 39048'20" W N 33008149" W N 27°10'52" W N 17021'15" W N 41052'40" W N 40036'05" W N 16018'49" W N 12031'44" W N 75004'08" W S 47043135" W 25.79 52.94 44.31 42.64 46.04 58.26 39.30 47.71 5L.51 24.40 54.22 67.32 81.07 56.59 48.31 71.20 71.50 46.40 53.37 57.13 40.60 32.73 38.02 36.00 41.70 27.00 15.15 14.51 3 2122536.9221 2122516.4220 2122510.5657 2122522.2802 2122538.8727 2122530.0871 2122520.3261 2122495.9232 2122472.4974 2122457.8576 2122.479.3335 2122498.8567 2122495.9285 2122481.2867 2122488.1189 2122527.1620 2122533.0188 2122544.7312 2122585.7312 2122633.5645 2122669.6809 2122700.9210 2122729.2295 2122756.5627 2122796.5838 2122622.9409 2122826.8444 2122817.0839 6133762.8709 6133811.6806 6133855.6019 6133896.6012 6133939.5473 6133997.1410 6134035.2096 6134076.2064 6134122.0814 6134102.5613 6134052.7758 6133988.3489 6133907.3318 6133852.6688 6133804.8444 6133745.3038 6133674.0441 613362.9.1466 6733594.9800 6133563.7420 6133545.1957 6133535.4331 6133510.0531 6133486.6246 6133474.9113 613346.9.0541 6133454.4156 6133443.6791 Map. Check (corit. ) Record: I;\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cggc Date: 06/11/18 01:14:43 PM Date Created: 46%11118 01:02:39 PM Ey: Chuck Title: PCL 1 LD9383 C-rs Bearing Distance Northing Easting 84. S 10042147" W 36.76 2122780.9646 6133436.8457 85. S 05601101" W 68.71 212271.2.5179 6133430.8370 86. S 150'35'OG" E 3.17 2122709.4644 6133431.6886 87. N 22°4543" W 402.93 21230811.0144 613327 5.7 937 89. N 10°'52 °2G II E 1,07.02 2123186.1134 61.33295.9797 Ending Coordinates 21.23186.1234 6133295.9797 MROR OF CLOSURE Delta N Delta E S 41034112" W 0.014 0.0101 0.0090 one part 1n .330465 Gerimeter — 4461.37 ft; Area = 130100-.74 sq ft, 2.987 Acnes 4 Map Cheek Record: 1:\San Juan Meadows\LD\9383\MapCheck\PCL 2 LD9383.cgc Date: 06/11/18 01:18:14 FM Date Created: 06/11./18 01:16:15 PM By: Chuck Title: PCL 2 LD9383 Crs Bearing Starting Coordinates 1. N 02026'09" W 2. S 46047'23" E 3. S 3132' 05" E 4. S 20054'29" E 5. S 08019132" E 6. S 10047103" E 7. S 39055'14" E 8. S 39028'20" E 9. S 58014126" E 10. S 62009'09" E 11. S 51008147" E 12, S 45058'15" E 13. S 57027'00" E 14. S 58014'25" E 15. S 59020'08" E 16. S 55006'34" E 17. S 29044'43" W 18. N 71033'54" W 19. N 60038132" W 20. N 53001154" W 21. N 56041'22" W 22. N 61023122" W 23, N 50029'33" W 24. N 59002'11" W 25. N 58040'16" W 26. N 57039'10" W 27. N 22045'43" W Distance 7.86 45.57 51.35 95.88 41.70 43.03 64.30 44.33 99.42 60.32 46.52 83.98 56.11 74.57 132.21 93.24 8.11 41.37 55.42 ].17.14 126.44 63.05 74.35 82.15 81.29 38.66 354.30 1 Northing 2122574.0351 2122581.8880 2122550.6872 2122506.4090 2122416.8423 2122375.5818 2122333.3117 2122283.9978 2122249.7780 2122197.4479 2122169.2712 2122140.0877 2122081.7195 2122051.5304 2122012.2798 2121944.8515 2121891-5173 2121884.4158 2121897.5582 2121924.7285 2121995.1734 2122064.6113 2122094.8030 2122142.1030 2122184.3686 2122226.6353 2122247.3203 2122574.0276 Easting 6133488.5232 6133488.1892 6133521.4027 6133548.5733 6133582.7899 6133588.8280 6133596.8793 6133638.1422 6133666.3230 6133750.8564 6133604.1910 6133840.4185 6133900.7989 6133948.0953 6134011.4994 6134125.2223 6134201.7021 6134197.6784 6134158.4313 6134110.1286 6134016.5375 6133910.8708 6133855.5196 6133798.1555 6133727.7123 6133658.2747 6133625.6139 6133488.5341 Map Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCI, 2 LD9383.cgc Date: 06/11/18 01:18:14 PM Date Created: 06/11/18 01:16:15 PM By: Chuck Title: PCZ 2 LD9383 Crs Bearing Distance Northing Easting Ending Coordinates 2122574.0276 61334$8.5341 ERROR OF CLOSURE Delta N Delta E S 55015156" E 0.013 0.0075 -0.0109 One part in 157609 Perimeter = 2083.27 ft; Area - 20329.33 sq ft, 0.467 Acres 2 Map Check Record: 1:\San Juan Meadows`LD\9383\MapCheck\PCL 4 LD9383.cgc Date: 06/11/18 01:24:50 PM Date Created: 06/11/18 01:23:53 PM By: Chuck Title: PCL 4 LD9383 Crs Bearing Distance Northing Easting Starting Coordinates 2121839.5291 6131652.9215 1. S 89031131" E 352.90 2121836.6052 6132005.8093 2. S 16°44'31" W 44.12 2121794.3554 6131993.1001 3. S 42050122" W 44.53 2121761.7032 6131962.8221 4. S 2400213111 W 47.59 2121718.2418 6131943.4336 5. S 20002121" W 43.94 2121676.9619 6131928.3771 6. S 19015116" W 39.12 2121640.0302 6131915.4767 7. S 44048'51" W 30,69 2121618.2588 61318 93 .8461 8_ S 53°20142" W 62.07 2121581.2033 6131844.0508 9. S 66036157" W 16.53 2121574.6426 6131828.8785 10. S 77017108" W 80.03 2121557.0287 6131750.8109 11. S 78030'16" W 143.85 2121528.3605 6131609.8465 12. S 89048152" W 41.23 2121528.2270 6131568.6167 13, S 80021'07" W 52.80 2121519.3779 6131516.5635 14. S 86048106" W 41.29 2121517.0743 6.131475.3378 15. N 77055115" W 24.64 2121522.2305 6131451.2434 16. N 32°26123" E 375.98 2121839.5412 6131652.9236 Ending Coordinates 2121839.5412 6131652.9236 ERROR OF CLOSURE Delta N Delta E N 09048'13" E 0.012 -0.0121 -0.0021 One part in 117443 Perimeter = 1441.31 ft; Area = 109949.56 sq ft, 2.524 Acres 1 Map Cheek Record: 1:\San Juan Meadow3\LD\9383\MapCheck\PCL 5 LD 9383.cgc Date: 06/12/18 08:13:37 AM Date Created: 06/11/18 01:26:02 PM BY: Chuck Title: PCL 5 LD 9383 Crs Bearing Starting Coordinates 1. N 32026123 TI E 2. S 81°15113" W E 3. N 80032'15" 21. E 4. N 81052112" S E 5. N 80052'11" 42042134" E 6. N 7903013011 W E 7. N 83902150" 26. E 8. N 79027139" WEST E 9. N 78059147" E 10. N 74°25139" E 11. N 61055138" E 12. N 74028134" E 13. S 78006141" E 14. S 82005134" E 15. S 84033'35" E 16. S 87003151" E 17. EAST 18. S 59044'38" W 19. S 67034'27" W 20. S 63026'06" W 21. S 66019'46" W 22. S 69051'49" W 23. S 42042134" W 24. S 64026124" W 25. S 63026'06" W 26. N 72045'31" W 27. WEST Distance 213.11 21.15 39.60 76.73 123.09 59.59 89.64 94.92 1.59.18 137.42 36.89 40.54 42.14 78.87 45.78 84.75 56.42 30.15 147.90 218.38 345.94 69.34 38.39 55.33 24.92 69.82 59.90 1 Northing 2121314.3538 2121494.2093 2121490.9932 2121497.5035 2121508.3546 2121527.8865 2121538.7374 2121549.5885 2121566.9500 2121597.3329 2121634.2243 2121651.5845 2121662.4346 2121653.7533 2121642.9032 2121638.5629 2121634.2222 2121634.2222 2121619.0307 2121562.6087 2121464.9464 2121326.0594 2121302.1887 2121273.9796 2121250,1071 2121238.9626 2121259.6571 2121259.6571 Easting 6131319.1158 6131433.4305 6131454.3346 6131493,3958 6131569.3546 6131690.8851 6131749.4788 6131838.4596 6131931.7783 6132088.0318 6132220.4074 6132252.9573 6132292.0183 6132333.2544 6132411.3745 6132456.9483 6132541.5871 6132598.0071 6132571.9641 6132435.2491 6132239.9240 6131923.0883 6131857.9867 6131831.9473 6131782.0324 6131759.7433 6131693.0606 6131633.1606 Map Check (cant.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 5 LD 9383.cgc Date: 46/12/18 0$:13::37 AM Date Created: 06/11/18 01:26:x.2 Ply By: Chuck Title: FCL 5 LD 9383 Grs Dearing Distance Northing Easting 26. S 75057'5D" W 75,16 2121241.4283 29. S 87¢36151" W 62.55 21.21238.8244 30. N 4704,3'35" W 38.71 2121264.8635 31. N 71044'13" W 144.48 2121310.1401 32. W 45051'01" W 10.79 2121317.656.3 33. S 41020'52" W 5.12 212131:1.8127 34. N 11044'13" W 1.74 2121314.3580 Ending Coordi0.ates 2121314.3580 ERROR OF CLOSURE Delta N N 99001'23" E 0.01.2 -0,0042 One part in 23,8045 6131560.2447 6131.497,7489 61.31469.1058 6131331.9036 6131324_1615 6131320.7791 6131319.1268 6131319.1268 Delta E -0.0110 Perimetez a 2198.44 ft; area = 239079.26 sq ft, 5.489 Acres 2 Mag Check Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 6 LD9383.cgc Date: 06/11/18 01:49:28 PM Date Created: 06/11/18 01:31.14 PM BY: Chuck Tule: PCL 6 LD9383 Crs Bearing Starting Coordinates 1. N 58048154" S 29050'45" E 2. N 74028133" E 26. E 3. N 67059119" S 01030'27" E 4. N 56046106" E 5, N 51040'00" E 6. N 51008148" E 7. N 53023135" E 8. N 68005149" E 9. N 66002'15" E 10. N 65002143" E 11. N 65015156" E 12. N 63026105" E 13, N 68025144" E 14. N 81038102" E 15. N 69008143" E 16. N 52007'31" E 17. N 52007131" E 18. N 65005142" E 19. N 75057'50" E 20, S 72°53`50" E 21. S 54012140" E 22. S 54012140" E 23. S 27014'07" E 24. S 29050'45" E 25. S 28022132" E 26. S 17031'32" E 27. S 01030'27" W Distance 24.19 13.18 17,60 24.08 19.03 16.05 12.79 155.93 170.99 241.75 212.65 33.97 100.34 74.58 48.77 2.46 22,28 66.99 21.00 15.79 6.72 8.96 30.66 56.39 50.45 21.56 15.24 1 Northing 2121238,9618 2121251.4874 2121255.0150 2121261.6113 2121274.8078 2121286.6109 2121296.6795 2121304.3065 2121362.4742 2121431.9198 2121533.9146 2121622.8901 2121638.0821 2121674,9727 2121685.8239 2121703.1860 2121704.6963 2121718.3748 2121746.5853 2121751,6785 2121747,0349 2121743.1050 2121737.8652 2121710.6043 2121661.6935 2121617.3050 2121596.7457 2121581.5110 Easting 6131787.99'74 6131808,6920 6131621.3911 6131837.7083 61318 57 .8 50 3 6131672.7777 6131885.2767 6131895.5438 6132040.2182 6132196.4708 6132415.6514 6132608.7922 6132639.1758 6132732.4882 6132806.2746 6132851.6495 6132853.7913 6132871.3781 6132932.1385 6132952.5115 6132967,6033 6132973.0544 6132980.3226 6132994.3540 6133022.4175 6133046,3938 6133052.8862 6133052.4852 Map Check (cont,) Record: 1:\San Juan Meadows\LD\9383\MapCheck\PCL 6 LD9383.cgc Date: 06/11/18 01:49:28 PM Date Created: 06/11/18 01:31:14 PM By: Chuck Title: PCL 6 LD9383 Crs Bearing Distance Northing Easting 28. S 20033'22" W 12.35 2121569.9474 6133048,1488 29. S 65048'09" W 1036.22 2121145.2181 6132102.9732 30. N 81053138" W 51,02 2121152.4123 6132052.4630 31. S 77°44107" W 19.20 2121148.3337 6132033.7012 32. S 66056'55" W 11.03 2121144.0148 6132023.5519 33. N 81°18'49" W 14.18 212114 6. 1564 6132009.5345 34. N 63026'06" W 82.75 2121183.1632 6131935,5206 35. N 65°24136" W 96.04 2121223.1276 6131848.1906 36. N 79°18'54" W 1.33 2121223.374.2 6131846.8837 37. N 47043'35" W 0.69 2121223.8383 6131846.3731 38. N 67059119" W 14.23 2121229.1716 6131833.1804 39. N 65°13'29" W 12.06 2121234.2255 6131822.2304 40. N 80020'53" W 20.93 2121237.7316 6131801.5966 41, N 84°53'22" W 13.66 2121238.9514 6131787.9910 Ending Coordinates 2121238,9514 6131787.9910 ERROR OF CLOSURE Delta N Delta E S 32003'50" W 0.012 0.0103 0.0065 One part in 235205 Perimeter - 2870.09 ft; Area = 263515.40 sq ft, 6.049 Acres 2 EXHIBIT B CONSERVATION ACTIVITIES/PERMITTED USE lowal 61147.80000\31772208.2 Rev. February 7, 2019 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: U.S. FISH AND WILDLIFE SERVICE Attn: George Stewart Address: Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, California 92008 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION Attn: David W. Gibson Address: 2375 Northside Drive, Suite 100 San Diego, California 92108 CITY OF SAN JUAN CAPISTRANO Attn: Planning Director Address: 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ADVANCED GROUP 99 -SJ AND ADVANCED GROUP 03-79-2 Attn: Robb Cerruti Address: 15320 Barranca Parkway, Suite 100 Irvine, California 92618 Space Above Line for Recorder's Use Only DECLARATION OF RESTRICTIVE COVENANTS Distrito La Novia/San Juan Meadows Project THIS DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made as of the day of 2019 by the City of San Juan Capistrano ("Declarant"). RECITALS A. Declarant is the sole owner in fee simple of certain real property containing approximately 24.6 acres of land, located in the City of San Juan Capistrano, County of Orange, State of California, and designated as portions of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey ("Parcel 1 through 6"). Parcel 1 through 6 is legally described on Exhibit A and depicted on Exhibit B attached to this Restrictive Covenant and incorporated herein by this reference. The Declarant intends to place a restrictive covenant over Parcel 1 through 6 ("Restoration Sites"). The Restoration Sites are depicted on a map in Exhibit C attached to this Restrictive Covenant and incorporated herein by this reference. B. The Restoration Sites possess wildlife and habitat values of great importance to the U.S. Army Corps of Engineers ("Corps"), U.S. Fish and Wildlife Service ("USFWS"), Regional Water Quality Control Board ("RWQCB"), and the people of the State of California and the people of the United States. These wildlife and habitat values comprise the "Conservation Values" of the Restoration Sites. C. USFWS has jurisdiction over the conservation, protection, restoration and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of these species within the United States pursuant to the federal Endangered Species Act, 16 U.S.C. Section 1531, et seq., the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and Wildlife Act of 1956, 16 U.S.C. Section 742(f), et seq., and other provisions of federal law, and is a third party beneficiary of this Restrictive Covenant. D. RWQCB has jurisdiction over waters of the United States pursuant to the federal CWA, 33 U.S.C. Section 1341, et seq and/or State waters pursuant to the Porter Cologne Water Quality Act. E. This Restrictive Covenant provides, among other things, mitigation for certain impacts from the Distrito La Novia/San Juan Meadows Project ("Project') pursuant to the following: (1) San Diego Regional Water Quality Board CWA Section 401 Certification No. R9- 2013-0098, and (2) USFWS biological opinion No. FWS-OR-09B0114-15F0543 and any amendments thereto ("BQ") both of which were issued in connection with compliance with the federal Clean Water Act under the Section 404 jurisdiction of the Corps. The forgoing documents are collectively referred to as the "Approval Documents." F. Advanced Group 99 -SJ and Advanced Group 03-79-2 are the Project Proponent ("Project Proponent') that will develop the Project and are the permittee/applicant listed in the Approval Documents. G. The Habitat Mitigation and Monitoring Program ("HMMP"), Coastal Sage Scrub Habitat Restoration and Monitoring Plan ("CSS Restoration Plan") and Long -Term Management Plan ("LTMP") addressing habitat restoration and in -perpetuity management of the site were created in satisfaction of the Approval Documents. H. This Restrictive Covenant is granted in satisfaction of the Approval Documents. I. Consistent with the terms and conditions of this Restrictive Covenant, the Restoration Sites are and will remain in a Natural Condition as defined herein and are intended to be preserved in their natural, scenic, open condition to maintain the Conservation Values, which are of importance to the people of the State of California and the people of the United States. J. In accordance with the terms contained in this Restrictive Covenant, the Project Proponent will be legally responsible for the following: (1) implementation of the mitigation obligations in the HMMP, CSS Restoration Plan, and LTMP, and (2) management of the Restoration Sites, which may be accomplished from year to year through a third party land manager ("Land Manager"), subject to approval by Declarant of the Land Manager. COVENANTS TERMS CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and State of California, Declarant hereby declares the Restoration Sites shall be held, transferred, conveyed, leased, occupied or otherwise disposed of, and used subject to the following restrictive covenants (and incorporating the above recitals herein by this reference), which shall run with the land, and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restoration Sites, or any portion of it. Purpose. (a) The purposes of this Restrictive Covenant are to (1) ensure the Restoration Sites will be preserved in a Natural Condition, as defined herein, in perpetuity and (2) prevent any use of the Restoration Sites that will impair or interfere with the Conservation Values of the Restoration Sites ("Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restoration Sites to such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restoration Sites as they exist at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restoration Sites that occur directly as a result of the following activities: (1) Compensatory mitigation measures ("Compensatory Mitigation"), including implementation, maintenance and monitoring activities, required by the Approval Documents, HMMP, CSS Restoration Plan, and LTMP. The cover pages and introductions of the HMMP, CSS Restoration Plan and LTMP are attached as Exhibit D; (2) Habitat creation or restoration, including implementation, maintenance, and monitoring activities, more fully described in HMMP, CSS Restoration Plan and LTMP, that occur on the Restoration Sites. (3) Activities described in Section 3 and Section 14 herein. (c) Declarant represents and warrants that there are no structures or other man- made improvements existing on the Restoration Sites. Declarant further represents and warrants that, to the best of Declarant's knowledge, there are no previously granted easements existing on the Restoration Sites that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Preliminary Title Report updated attached hereto as Exhibit E. The present Natural Condition is evidenced in part by the depiction of the Restoration Sites attached on Exhibit F, showing all relevant and plottable property lines, easements, dedications, improvements, structures, boundaries, and major, distinct natural features such as waters of the United States. (d) The term "Biological Monitor" shall refer to a consultant with knowledge of upland, riparian, and aquatic resources in the Orange County area and expertise in the field of biology. 3 2. Third Party Rights_ To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to USFWS and RWQCB as third party beneficiaries of this Restrictive Covenant (collectively, "Third Party Beneficiary"). In addition, Declarant hereby grants and conveys to Project Proponent the right set forth in Subsection (a), below: (a) The right to enter upon the Restoration Sites to monitor compliance with and to otherwise enforce the terms of this Restrictive Covenant, and for scientific research and interpretive purposes by each Third Party Beneficiary or its designees, including the right to undertake the activities described in the HMMP, including long-term management activities, provided that the Third Party Beneficiaries shall not unreasonably interfere with the Declarant's authorized use and quiet enjoyment of the Restoration Sites; and (b) The right to prevent any activity on or use of the Restoration Sites that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restoration Sites that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and (c) The right to require that all mineral, air, and water rights as each Third Party Beneficiary deems necessary to preserve, protect, and sustain the biological resources and Conservation Values of the Restoration Sites shall remain a part of and be put to beneficial use upon the Restoration Sites, consistent with the Purpose of this Restrictive Covenant; and (d) The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. (e) Declarant further declares that all present and future development rights appurtenant to, allocated, implied, reserved or inherent in the Restoration Sites are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Restoration Sites. 3. Declarant's Duties. Declarant shall allow access to the Project Proponent and Land Manager to undertake maintenance and monitoring of mitigated areas pursuant to the Approval Documents, HMMP, CSS Restoration Plan, and LTMP. In addition, Declarant shall undertake all necessary actions to perfect the rights of third parties under Section 2 (Third Party Rights) of this Restricted Covenant. This duty is non-transferrable. 4. Prosect Proponent Mitigation Duties. During the term of the HMMP and CSS Restoration Plan, Project Proponent shall: (a) Implement all activities, including monitoring and reporting, as described in the HMMP and CSS Restoration Plan until success criteria have been met; and (b) Coordinate with Declarant to undertake all reasonable actions, as authorized by Declarant, to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restoration Sites set forth in this Restrictive Covenant; and 4 (c) Comply with the terms of this Restrictive Covenant and cooperate with the Land Manager, Declarant and each Third Party Beneficiary in the protection of the Conservation Values; and (d) Excluding damage that may be caused by acts of nature, repair and restore damage to the Restrictive Property that are caused by Project Proponent's actions; and (e) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; and (f) Within 60 days of recordation of this Restrictive Covenant, install signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restoration Site. Prior to erection of such signage, Project Proponent shall submit detailed plans showing the location and language of such signs to the Declarant, the Land Manager, if one has been identified, and each Third Party Beneficiary for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restoration Sites or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements. 5. Additional Pro'ect Pro onent Duties. Upon successful completion of the HMMP and CSS Restoration Pian by the Project Proponent, the Project Proponent is responsible for the following activities: (a) Implement all activities, including monitoring and reporting, as described in the LTMP in perpetuity using funds generated by the non -wasting endowment described further in Subsection 16(n) of this Restrictive Covenant; and (b) Coordinate with Declarant to undertake all reasonable actions, as authorized by Declarant, to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restoration Sites set forth in this Restrictive Covenant; and (c) Comply with the terms of this Restrictive Covenant in the protection of the Conservation Values; and (d) Excluding damage that may be caused by acts of nature, repair and restore damage to the Restrictive Property that are caused by Project Proponent's actions; and (e) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 6. Prohibited Uses. Any activity on or use of the Restoration Sites inconsistent with the Purpose of this Restrictive Covenant is prohibited. Without limiting the generality of the foregoing, the following uses and activities by Declarant, Project Proponent and the Land Manager, if one has been identified, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited: (a) Supplemental or unseasonable watering except as specifically provided for in the HMMP, CSS Restoration Plan, and LTMP; (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, fungicides, agricultural chemicals, or other agents; weed abatement activities, except when used to protect or enhance the Conservation Values of the Restoration Sites and as approved in the HMMP, CSS Restoration Plan, and LTMP; (c) Incompatible fire protection activities; use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 3, subject to approval in the LTMP; (d) Grazing or other agricultural activity of any kind, except when used to protect or enhance the Conservation Values of the Restoration Sites and as approved in the LTMP; (e) Recreational activities, including, but not limited to, horseback riding, biking, hunting or fishing except if determined not to be in conflict with the Conservation Values of the Restoration Sites and approved in the LTMP; (f) Residential, commercial, retail, institutional, or industrial structures or uses; (g) Any legal or de facto division, subdivision or partitioning of the Restoration Sites, including a request for a certificate of compliance pursuant to the Subdivision Map Act (Gov. Code section 66499.35); (h) Construction, reconstruction, expansion, location, relocation, installation, or placement of any building, road, wireless cornmunication cell towers or any billboard, fence, boundary marker or sign, or any other structure or improvement of any kind, except signs permitted in Subsection 4(f and approved in the LTMP; (i) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio -solids or any other material; 0) Planting, introduction or dispersal of non-native or exotic plant or animal species; (k) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restoration Sites, or granting or authorizing surface entry for any such purpose; (1) Altering the surface or general topography of the Restoration Sites, including but not limited to building of roads, trails, any flood control work, or paving or otherwise covering any portion of the Restoration Sites; (m) Removing, disturbing, altering, destroying, or cutting of trees, shrubs or other vegetation, except as required by law and in conformance with the HMMP, CSS Restoration 1.1 Plan, or LTMP for (1) fire breaks (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease; (n) Manipulating, impounding, or altering any natural watercourse, body of water or water circulation on the Restoration Sites except as expressly authorized in the Approval Documents as of the date of recordation of this Restrictive Covenant, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters; (o) Creating, enhancing, or maintaining fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression), or other activities that could constitute fuel modification zones; (p) Without the prior written consent of the Third Party Beneficiary, which the Third Party Beneficiary may withhold, transferring, encumbering, selling, leasing, or otherwise separating the mineral, air or water rights from the Restoration Sites; changing the place or purpose of use of the water rights on the Restoration Sites; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch :rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Restoration Sites, including but not limited to: (1) riparian water rights; (2) appropriative water rights; (3) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Restoration Sites; and (4) any water from wells that are in existence or may be constructed in the future on the Restoration Sites; (q) any use or activity that may violate, or may fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Declarant, the Restoration Site, or the use or activity in question; (r) No use shall be made of the Restoration Sites, and no activity thereon shall be permitted, that is or is likely to become inconsistent with the Purpose of this Restrictive Covenant; (s) Creation of any encumbrance that will affect the Conservation Values of the Restoration Sites; and (t) And any and all other activities and uses which may adversely affect the Conservation Values of the Restoration Sites or otherwise interfere with the Purposes of this Restricted Covenant. 7, Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restoration Sites, including the right to engage in or to permit or invite others to engage in all uses of the Restoration Sites that are consistent with the Purpose of this Restrictive Covenant. 8. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to the Third Party Beneficiary and the U.S. Department of Justice, and the State Attorney General a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants. The U.S. Department of Justice and the State Attorney General shall have the same rights, remedies and limitations as the Third Party Beneficiary under this Section 8. The rights under this Section are in addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement against Declarant, its successor or assigns under the Approval Documents, rights of any governmental agency with permitting authority, or any rights of the various documents created thereunder or referred to therein. (b) Notice. (1) If any Third Party Beneficiary determines Declarant, Project Proponent, or Land Manager, if one has been identified, is in violation of the terms of this Restrictive Covenant or that a violation is threatened, the complaining Third Party Beneficiary may demand the cure of such violation. In such a case, the complaining Third Party Beneficiary shall Issue a written notice to Declarant, Project Proponent, and/or Land Manager (hereinafter "Notice of Violation") informing Declarant, Project Proponent, and/or Land Manager of the violation and demanding cure of such violation. Notice shall be provided in accordance with Section 12 (Notices) of this Restricted Covenant. (2) If Declarant, Project Proponent, and/or Land Manager fails to cure the violation within fifteen (15) days after receipt of the Notice of Violation, or if the cure reasonably requires more than fifteen (15) days to complete and Declarant, Project Proponent, andlor Land Manager fails to begin the cure within the fifteen (15) -day period or fails to continue diligently to complete the cure, the Third Party Beneficiary may bring an action at law or in equity in a court of competent jurisdiction for any or all of the following: to recover any damages to which the Third Party Beneficiary may be entitled for violation of the terms of this Restrictive Covenant or for any injury to the Conservation Values of the Restoration Sites; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any other legal or equitable relief, including, but not limited to, the restoration of the Restoration Sites to the condition in which it existed prior to any such violation or injury; or to otherwise enforce this Restrictive Covenant. Without limiting the liability of Declarant or Project Proponent, Third Party Beneficiary may apply any damages recovered to the cost of undertaking any corrective action on the Restoration Sites. (c) Immediate Action. If the Third Party Beneficiary, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate injury to the Conservation Values of the Restoration Sites, the Third Party Beneficiary may immediately pursue all available remedies, including injunctive relief, pursuant to both this Restrictive Covenant and state and federal law without prior notice to Declarant, Project Proponent, and/or Land Manager, or without waiting for the period provided for cure to expire. The rights of the Third Party Beneficiary under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant and Project Proponent agree that the Third Party Beneficiary's remedies at law for any violation of the terms of this Restrictive Covenant are inadequate and that the Third Party Beneficiary shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which the Third Party Beneficiary may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Subsection 8(c) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) If, at any time in the future, the Declarant or any subsequent transferee uses or threatens to use the Restoration Sites for purposes inconsistent with this Restricted Covenant, then the California Attorney General has standing as an interested party in any proceeding affecting this Restricted Covenant. (e) Costs of Enforcement. Where the enforcement is required due to a breach of Declarant duties, Declarant shall bear all costs incurred by the Third Party Beneficiary, where it is the prevailing party in enforcing the terms of this Restrictive Covenant against Declarant. These costs include, but are not limited to, costs of suit and attorneys' and experts' fees, and any costs of restoration necessitated by Declarant's negligence or breach of this Restrictive Covenant. Where the enforcement is required due to a breach of Project Proponent duties, Project Proponent shall bear all costs incurred by the Third Party Beneficiary, where it is the prevailing party in enforcing the terms of this Restrictive Covenant against Project Proponent. These costs include, but are not limited to, costs of suit and attorneys' and experts' fees, and any costs of restoration necessitated by Project Proponent's negligence or breach of this Restrictive Covenant. (f) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of the Third Party Beneficiary. Any forbearance by the Third Party Beneficiary to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant shall not be deemed or construed to be a waiver by the Third Party Beneficiary of such term or of any subsequent breach of the same or any other term of this Restrictive Covenant or of any of the rights of the Third Party Beneficiary under this Restrictive Covenant. No delay or omission by the Third Party Beneficiary in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. (g) Acts Beyond Declarant or Prosect Proponent's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle the Third Party Beneficiary to bring any action against Declarant or Project Proponent for any injury to or change in the Restoration Sites resulting from: (1) Any natural cause beyond Declarant or Project Proponent's control, including without limitation, fire not caused by Declarant or Project Proponent, flood, storm, and earth movement; or (2) Any prudent action taken by Declarant or Project Proponent under emergency conditions to prevent, abate, or mitigate significant injury to the Restoration Sites resulting from such causes, provided that once the emergency has abated, Declarant, its successors or assigns, or Project Proponent promptly restores any damage caused by Declarant or Project Proponent's actions to the Restoration Sites to the condition they were in immediately prior to the emergency; or (3) Acts by Third Party Beneficiary or its employees. Notwithstanding the foregoing, Declarant and Project Proponent must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Restrictive Covenant and undertake any activity or use in accordance with the Approval 9 Documents, HMMP, CSS Restoration Plan, LTMP, and all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 9. Access. This Restrictive Covenant does not convey a general right of access to the public. 10. Costs and Liabilities. (a) Project Proponent retains all responsibilities and shall bear all costs and liabilities of any kind related to the operation, upkeep and maintenance of the Restoration Sites during the term of the HMMP and the CSS Restoration Plan. During the term of the HMMP, the Project Proponent remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes ordinances, rules, regulations, orders and requirements. (b) The Project Proponent shall be responsible, for the operation, upkeep, and maintenance of the Restoration Sites during the term of the LTMP, which is in perpetuity. During the term of the LTMP, the Project Proponent remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes ordinances, rules, regulations, orders and requirements. (c) Declarant, or its successors and assigns, shall hold harmless, protect and indemnify the Project Proponent and Third Party Beneficiary and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (individually, "Declarant Indemnified Party" and collectively, "Declarant Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with injury to or the death of any person, or physical damage to any property, regardless of cause unless caused by the negligence or willful misconduct of any of the Declarant Indemnified Parties. (d) If any action or proceeding is brought against the Declarant Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from any of the Declarant Indemnified Parties, defend such action or proceeding by counsel reasonably acceptable to the Declarant Indemnified Party or reimburse the Declarant Indemnified Party for all charges incurred for services of counsel in defending the action or proceeding. (e) Project Proponent, or its successors and assigns, shall hold harmless, protect and indemnify the Declarant and Third Party Beneficiary and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (individually, "Project Proponent Indemnified Party" and collectively, "Project Proponent Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with injury to or the death of any person, or physical damage to any property, regardless of 10 cause unless caused by the negligence or willful misconduct of any of the Project Proponent Indemnified Parties. (f) If any action or proceeding is brought against the Project Proponent Indemnified Parties by reason of any such Claim, Project Proponent shall, at the election of and upon written notice from any of the Project Proponent Indemnified Party, defend such action or proceeding by counsel reasonably acceptable to the Project Proponent Indemnified Party or reimburse the Project Proponent Indemnified Party for all charges incurred for services of counsel in defending the action or proceeding. (g) if applicable, Declarant, its successor or assign, shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on the Restoration Sites, by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish the Third Party Beneficiary with satisfactory evidence of payment upon request. Declarant and Project Proponent shall keep the Restoration Sites free from any liens, including those arising out of any obligations incurred by Declarant or Project Proponent for any labor or materials furnished or alleged to have been furnished to or for Declarant or Project Proponent at or for use on the Restoration Sites. 11. Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restoration Sites. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restoration Sites, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to the Project Proponent, Land Manager, if one has been identified, and Third Party Beneficiary of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restoration Sites by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder, except for the obligations set forth above in Section 3 and Subsection 7 , and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage fully prepaid, addressed as follows: To Declarant: City of San Juan Capistrano 11 Attn: Planning Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Project Proponent Advanced Group 99 -SJ and Advanced Group 03-79-2 Robb Cerruti 15320 Barranca Parkway, Suite 100 Irvine, California 92618 To RWQCB: California Regional Water Quality Control Board San Diego Region 2375 Northside Drive, Suite 100 San Diego, California 92108 Attn: David W. Gibson Certification No. R9-2013-0098 To USFWS: U.S. Fish & Wildlife Service 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 Attn: George Stewart FW S -O R-09B0114-15FO543 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. If the Restrictive Covenant is assigned, the new Declarant shall update the Notices provisions. When the underlying fee for the Restoration Sites is conveyed, the successor shall record a document entitled Restrictive Covenant/Change of Notices Provisions. 13, Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by the Third Party Beneficiary. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by the Third Party Beneficiary against Parcel 1 through 6, and shall maintain a copy of the recorded amendment to the Restrictive Covenant in the official records of the City of San Juan Capistrano, Orange County, California, and small provide a copy of the recorded document to each Third Party Beneficiary. 14. Long -Term Maintenance. (a) Upon successful completion of the HMMP and CSS Restoration Plan, the Project Proponent shall be responsible for in -perpetuity, ongoing, long-term maintenance of the Restoration Sites as provided in the LTMP and annual maintenance of signage and other notification features or similar descriptions, as applicable, installed pursuant to Subsection 4ff). Project Proponent's responsibilities as set forth in this Section 14 may be performed by the Land Manager. 12 (b) Project Proponent shall be responsible for annual restoration of the Restoration Sites damaged by any activities prohibited by Subsection 5 (a) - (t) herein. (c) Project Proponent shall prepare a monitoring and maintenance report documenting activities performed under Subsection 14(a) above. (d) When activities are performed pursuant to Subsection 14(b) above, the Project Proponent shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Upon completion of restoration as specified in the approved Restoration Plan, the Project Proponent shall have its Biological Monitor prepare a detailed monitoring report within thirty (30) days of completion of restoration activities, which must be signed by the Biological Monitor. The report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Project Proponent in accordance with the approved Restoration Plan, and the corrections recommended and implemented. 15. Recordation. Declarant, its successor or assign shall record this instrument in the official records of the County of Orange, and maintain a copy of the recorded instrument in the official records of the City of San Juan Capistrano, Orange County, California. 16.General Provisions. (a) Controlling Law. The laws of the United States and the State of California, disregarding any conflicts of law principles of such state, shall govern the interpretation and performance of this Restrictive Covenant. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the Purpose of this Restrictive Covenant. If any provision in this instrument is found- to be ambiguous, an interpretation consistent with the Purpose of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability.� If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This Restrictive Covenant sets forth the entire covenants and restrictions on the Restoration Sites imposed by the Third Party Beneficiary with regard to the Project and supersede[s] all prior discussions, negotiations, understandings, or agreements of the parties relating to this Restrictive Covenant. No alteration or variation of this Restrictive Covenant shall be valid or binding unless contained in an amendment approved by Declarant, Project Proponent, and each Third Party Beneficiary in accordance with the requirements and procedures set forth in Section 13, above. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 13 M Successors and Assigns. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restoration Sites. The covenants hereunder also benefit the Third Party Beneficiaries. (g) Termination of Rights and Obligations. Except as otherwise expressly set forth in this Restrictive Covenant and provided the transfer was consistent with the terms of this Restrictive Covenant, a party's rights and obligations under this Restrictive Covenant shall terminate upon transfer of the party's interest in the Restrictive Covenant or Restoration Sites (respectively), except that liability for acts, omissions, or breaches occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) No Hazardous Materials Liability. (1) Declarant represents and warrants that to Declarant's actual knowledge there has been no release or threatened release of Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Restoration Sites, or transported to or from or affecting the Restoration Sites. Without limiting the obligations of Declarant, Declarant hereby releases and agrees to indemnify, protect and hold harmless the Declarant Indemnified Parties (defined in Subsection 10(c)) from and against any and all Claims (defined in Subsection 10(c)) arising from or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, released in, from, or about, or otherwise associated with the Restoration Sites at any time, except that this release and indemnification shall be inapplicable to the Declarant Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by any of the Declarant Indemnified Parties. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below). If any action or proceeding is brought against any of the Declarant Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from the Declarant Indemnified Party, defend such action or proceeding by counsel reasonably acceptable to the Declarant Indemnified Party or reimburse the Declarant Indemnified Party for all charges incurred for services of counsel. (2) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives any Third Party Beneficiary the following: (i) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (ii) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or 14 (iii) The obligations of a responsible person under any applicable Environmental Laws; or (iv) The right or duty to investigate and remediate any Hazardous Materials associated with the Restoration Sites; or (v) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restoration Sites. (3) The term "Hazardous Materials" includes, without limitation, (i) material that is flammable, explosive or radioactive; (ii) petroleum products, including by-products and fractions thereof; and (iii) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.; hereinafter "RCRA'); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq. ; hereinafter "HTA"); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq. ; hereinafter "HCL"); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq. ; hereinafter "HSA"), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable Environmental Laws, federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. (4) The term "Environmental Laws" includes, without limitation, CERCLA, RCRA, HTA, HCL, HAS, and any other federal, state, local or administrative agency statute, code, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant and Project Proponent represents, warrants and covenants to each other and to Third Party Beneficiary that the activities upon and use of the Restoration Sites by Declarant or Project Proponent, and their agents, employees, invitees and contractors will comply with all Environmental Laws. (j) Additional Interests. Declarant shall not grant any additional easements, rights of way, or other interests in the Restoration Sites (other than a security interest that is expressly subordinated to this Restrictive Covenant), or grant or otherwise abandon or relinquish any mineral, air, or water right, or water associated with the Restoration Sites, without first obtaining the written consent of the Third Party Beneficiary. The Third Party Beneficiary may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or may impair or interfere with the Conservation Values of the Restoration Sites. This Section shall not prohibit transfer of a fee or leasehold interest in the Restoration Sites that is subject to this Restrictive Covenant and complies with Section 11. Declarant, its successors and assigns shall record any additional easements or other interests in the Restoration Sites approved by the Third Party Beneficiaries in the official records of San Diego County, California, and provide a certified copy of the recorded document to the Third Party Beneficiaries. (k) Third Party Beneficiaries. The terms of this Restrictive Covenant are for the benefit of the Third Party Beneficiaries and are not for the benefit of any other party. (1) Extinguishment. If circumstances arise in the future that render the Purpose of the Restrictive Covenant impossible to accomplish, the Restrictive Covenant can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. 15 (m) Warranty. Declarant represents and warrants that Declarant is the sole owner of fee simple title to the Restoration Sites; that the Restoration Sites are not subject to any other conservation easement or restricted covenant; and there are no outstanding mortgages, liens, encumbrances or other interests in the Restoration Sites (including, without limitation, water and mineral interests) that may conflict or are otherwise inconsistent with this Restricted Covenant and which have not been expressly subordinated to this Restrictive Covenant. (n) Land Management. Project Proponent shall be responsible for implementing the HMMP and CSS Restoration Plan, and the annual cost for the long-term maintenance and monitoring of the Restoration Sites as described in the LTMP by providing a non -wasting endowment subject to the provisions of the Approval Documents and a separate Endowment Management Agreement between the Project Proponent and the endowment holder. (o) Exhibits. The following Exhibits referenced in this Restricted Covenant are attached to and incorporated by reference in this Restricted Covenant: Exhibit A — Legal Description of Parcel 1 through 6 Exhibit B — Depiction of Restoration Sites Exhibit C — Mitigation Map Exhibit D - HMMP, CSS Restoration Plan, and LTMP Cover and Introduction Pages Exhibit E — Preliminary Title Report for Parcel 1 through 6 Exhibit F — Depiction of Restoration Sites Natural Condition * * Signatures on following page. * * * 16 IN WITNESS WHEREOF Declarant and Project Proponent have executed this Restrictive Covenant the day and year first above written and agrees to be bound by the terms and provisions hereof. "Declarant" FOR Declarant Name Title "Project Proponent" FOR Project Proponent Name Title [ATTACH NOTARY ACKNOWLEDGEMENT] 17 EXHIBIT A Legal Description of Parcel 1 Through 6 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Commencing at the southwesterly terminus of that certain course "N 10°52'01" E 536.93"' shown along the general easterly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said boundary North 10°52'20"E 107.72 feet to the 'hue Point of Beginning; thence leaving said boundary, South 89°25'52" East 104.75 feet; thence South 20°22'36" East 72.89 feet; thence South 12°11'03" East 11.45 feet; thence South 76°38'41" East 27.61 feet; thence South 81°52`12" East 82.83 feet; thence North 77°44'08" East 22.97 feet; thence North 44°59'59" East 23.47 feet; thence North 87°16'25" East 20.52 feet; thence South 26°33'54" East 17.46 feet; thence South 77°39'39" East 31.97 feet; thence South 70°42'36" East 41.37 feet; thence North 73°51'21" East 38.61 feet; thence South 48043'54" East 63.63 feet; thence North 875716" East 54.70 feet; thence North 86°16'07" East 45.00 feet; thence South 67°41'38" East 41.15 feet; thence South 32044'07" East 48.74 feet; thence South 32°33'00" East 54.43 feet; thence South 26°56'22" East 66.79 feet; thence South 22°09'59" East 56.92 feet; thence South 31036'26" East 44.70 feet; thence South 25001'01" East 48.47 feet; thence South 7°21'08" East 30.51 feet; thence South 78°41'23" West 14.93 feet; thence North 43°59'41" West 39.35 feet; thence North 32°54'19" West 59.29 feet; thence North 18°12'30" West 78.09 feet; thence North 19°46'02" West 66.38 feet; thence North 33°26'24" West 62.00 feet; thence North 82°11'05" West 50.25 feet; thence South 69°04'32" West 35.53 feet; thence South 61055'39" West 49.78 feet; thence South 82°52'30" West 55.09 feet; thence North 86°16'08" West 45.00 feet; thence North 60°56'42" West 30.15 feet; thence North 57°27'54" West 67.15 feet; thence North 82°59'56" West 56.06 feet; thence North 71°06'50" West 39.20 feet; thence North 77°28'35" West 52.35 feet; thence South 12°10'59" East 1.63 feet; thence South 29°11'51" East 76.04 feet; thence South 14044'37" East 38.35 feet; thence South 14°02'10" West 40.25 feet; thence South 44°14'10" East 51.77 feet; thence South 49°42'28" East 58.87 feet; thence South 8°31'49" West 19.74 feet; thence North 79°49'28" West 38.68 feet; thence South 19°58'59" East 57.13 feet; thence South 25°46'09" East 62.87 feet; thence South Date: June I4, 2018 WO No. 3059-2 Page 1 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. Kinnie EXHIBIT "A' LEGAL DESCRIPTION 16°41156" West 30.57 feet; thence South 40°14'11" East 49,87 feet; thence South 30015'22" East 40.68 feet; thence South 47°36'11" East 30.40 feet; thence South 69°02'39" East 49.13 feet; thence North 90000100" East 59.54 feet; thence South 60°31'26" East 25.79 feet; thence South 67°13'03" East 52,94 feet; thence South 82°24'19" East 44.31 feet; thence North 74°03'15" East 42.64 feet; thence North 68052'32" East 46.04 feet; thence South 81°19'36" East 58.26 feet; thence South 75°37'08" East 39.30 feet; thence South 591414" East 47.71 feet; thence South 62°56'57" East 51.51 feet; thence South 5300750" West 24.40 feet; thence North 66°39'58" West 54.22 feet; thence North 73°08'30" West 67.32 feet; thence South 87°55'48" West 81.07 feet; thence South 75°00'18" West 56.59 feet; thence North 81°52'11" West 48.31 feet; thence North 56°44'44" West 71.20 feet; thence North 85°18'05" West 71.50 feet; thence North 75°22'45" West 46.40 feet; thence North 39048'20" West 53.37 feet; thence North 33°08'49" West 57.13 feet; thence North 27°10'52" West 40.60 feet; thence North 17°21'15" West 32.73 feet; thence North 41°52'40" West 38.02 feet; thence North 40036'05" West 36.00 feet; thence North'16°18'49" West 41.70 feet; thence North 12°31'44" West 27.00 feet; thence North 75°04'08" West 15.15 feet; thence South 47°43'35" West 14.51 feet; thence South 10°42'47" West 36.76 feet; thence South 5°01'01" West 68.71 feet; thence South 15035'00" East 3.17 feet to said general easterly boundary; thence along said boundary the following two courses: 1) North. 22°45'43" West 402.93 feet and 2) North 10°52'20" East 107.02 feet to the True Point of Beginning, Containing an area of 2.987 Acres, more or less. Parcel 2 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Commencing at the southeasterly terminus of that certain course ".N 22°45'43"W" 1046.87"' shown along the gcneral easterly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said boundary North 22°45'43"W 496.84 feet to the True Point of Beginning; thence leaving said Date: June 14, 2018 WO No. 3059-2 Page 2 of 6 H&A Legal No. 9383 By: C. Tripi Checked By, L Kinnie EXHIBIT "A" LEGAL DESCRIPTION boundary, North 2°26'09" West 7.86 feet; thence South 46°4773" East 45.57 feet; thence South 31°32'05" East 51.95 feet; thence South 20°54'29" East 95.88 feet; thence South 8°19'32" East 41.70 feet; thence South 10°47'03" East 43.03 feet; thence South 39°55'14" East 64,30 feet; thence South 39°28'20" East 44.33 feet; thence South 58°14'26" East 99.42 feet; thence South 62°09'09" East 60.32 feet; thence South 51008'47" East 46.52 feet; thence South 45°58'15" East 83.98 feet; thence South 57°27'00" East 56.11 feet; thence South 58°14'25" East 74.57 feet; thence South 59°20'08" East 132.21 feet; thence South 55006'34" East 93.24 feet; thence South 29044'43" West 8.11 feet; thence North 71°33'54" West 41.37 feet; thence North 60°38'32" West 55.42 feet; thence North 53°01'54" West 11714 feet; thence North 56041'22" West 126.44 feet; thence North 61°23'22" West 63.05 feet; thence North 50°29'33" West 74.35 feet; thence North 59°02'11" West 82.15 feet; thence North 58040'16" West 81.29 feet; thence North 57°39'10" West 38.66 feet to said general easterly boundary; thence along said boundary, North 22°45'43" West 354.30 feet to the True Point of Beginning. Containing an area of 0.467 Acres, more or less. Parcel 3 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the westerly terminus of that certain course "N 79°42'31" E 1568.52"' shown along the general southerly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said southerly boundary, North 79°42'34" East 1473.86 feet; thence leaving said boundary, South 1015'02" West 2.82 feet; thence South 32°11'45" West 69.24 feet; thence South, 52°25'53" West 71.19 feet; thence South 73°00'33" West 81.69 feet; thence South 57°48'15" West 69.24 feet; thence South 68°44'58" West 83.82 feet; thence South 63°53'10" West 123.26 feet; thence South 86°11'09" West 32.62 feet; thence South 66°02'15" West 64.12 feet; thence South 63°26'06" West 48.53 feet; thence South 72°53'50" West 88.55 feet; thence South 71°33'54" West 54.90 feet; thence South 59°02'11" West 25.31 feet; thence South 65°25'58" West 83.52 feet; thence South 77°59'19" West 104.28 feet; thence Date: June 14, 2018 WO No. 3059-2 Page 3 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. Kim -ie EXHIBIT "A" LEGAL DESCRIPTION South 64°13'50" West 69.88 feet; thence South 86°31'55" West 71.75 feet; thence North 88°55'09" West 115.04 feet; thence North 81°09'29" West 98.83 feet; thence North 68°37'46" West 53.60 feet; thence South 71°33'54" West 48.04 feet; thence South 66°48'05" West 66.11 feet; thence South 72°10'52" West 63.83 feet; thence South 77°37'09" West 91.09 feet; thence South 79°15'40" West 128.11 feet; thence South 81'28'09" West 43.89 feet; thence North 49°11'05" East 63.08 feet; thence North 32°00'19" East 40.95 feet; thence North 16°23'22" East 38.45 feet; thence North 25°33'36" East 55.33 feet; thence North 28°36'37" East 27.19 feet; thence North 68'57'45" East 5.72 feet; thence North 10°02'43" East 9.51 feet; thence North 26°33'53" East 7.28 feet; thence North 14°02'10" East 17.90 feet; thence North 29°21'27" East 19.92 feet; thence North 17"39'01" East 20.84 feet to said general southerly boundary; thence along said boundary, South 89031'31" East 114.29 feet to the Point of Beginning. Containing an area of 7.200 Acres, more or less. Parcel 4 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the westerly terminus of that certain course "N 89°31'31" W 484.46"' shown along the general southerly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said southerly boundary, South 89°31'31" East 352.90 feet; thence leaving said boundary South 16°44'31" West 44.12 feet; thence South 42°50'22" West 44.53 feet; thence South 24°02'31" West 47.59 feet; thence South 20°02'21" West 43.94 feet; thence South 19°15'16" West 39.12 feet; thence South 44°48'51" West 30.69 feet; thence South 53°20'42" West 62.07 feet; thence South 66'36'57" West 16.53 feet; thence South 77'17'08" West 80.03 feet; thence South 78°3916" West 143.85 feet; thence South 89°48'52" West 41,23 feet; thence South 80'21'07" West 52.80 feet; thence South 86'48'06" West 41.29 feet; thence North 77°55'15" West 24.64 feet to the general southeasterly boundary of said Date: June 14, 2018 WO No. 3059-2 Page 4 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. Kinnie EXHIBIT "A" LEGAL DESCRIPTION Record of Survey No. 81-1136; thence along said southeasterly boundary, North 32026'23" East 375.98 feet to the Point of Beginning. Containing an area of 2.524 Acres, more or less. Parcel 5 In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the southwesterly terminus of that certain course "N 32'27'34'-E 622.33"' shown along the general southeasterly boundary of Record of Survey No. 81-1136, filed in Book 103, Pages 8 through 12, inclusive of Records of Survey in said Office of the County Recorder; thence along said boundary, North 32°26'23" East 213.11 feet; thence leaving said boundary, South 81°15'13" East 21.15 feet; thence North 80°32'15" East 39.60 feet; thence North 81°52'12" East 76.73 feet; thence North 80°52'11" East 123.09 feet; thence North 79030'30" East 59.59 feet; thence North 83°02'50" East 89.64 feet; thence North 79°27'39" East 94.92 feet; thence North 78°59'47" East 159.18 feet; thence North 74°25'39" East 137.42 feet; thence North 61°55'38" East 36.89 feet; thence North 74028134" East 40.54 feet; thence South 78"06'41" East 42.14 feet; thence South 82°05'34" East 78.87 feet; thence South 84°33'35" East 45.78 feet; thence South 87°03'51" East 84.75 feet; thence North 90°00'00" East 56.42 feet; thence South 59°44'38" West 30.15 feet; thence South 67°34'27" West 147.90 feet; thence South 63°26'06" West 218.38 feet; thence South 66°19'46" West 345.94 feet; thence South 69°51'49" West 69.34 feet; thence South 42°42134" West 38.39 feet; thence South 64026124" West 55.33 feet; thence South 63°26'06" West 24.92 feet to a point referred to hereon as Point A; thence North 72045'31" West 69.82 feet; thence North 90°00'00" West 59.90 feet; thence South 75°57'50" West 75.16 feet; thence South 87036'51" West 62.55 feet; thence North 47°43'35" West 38.71 feet; thence North 71°44'13" West 144.48 feet; thence North 45°51'01" West 10.79 feet; thence South 41°20'52" West 5.12 feet; thence North 71°44'13" West 1.74 feet to the Point of Beginning. Containing an area of 5.489 Acres, more or less. Date: June '14, 2018 WO No. 3059-2 Page 5 of 6 IMA Legal No. 9383 By: C. Tripi Checked By: J. Kinnie EXHIBff "A" LEGAL DESCRIPTION Parcel 6 in the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 4 as shown on a Record of Survey filed in Book 4, Page 15, of Records of Survey, in the office of the County Recorder of said county, described as follows; Commencing at the above described Point A in Parcel 5; thence South 89°59'45" East 28.26 feet to the True Point of Beginning; thence North 58°48'54" East 24.19 feet; thence North 74°28'33" East 13.18 feet; thence North 67°59'19" East 17.60 feet; thence North 56°46'06" East 24.08 feet; thence North 51°40'00" East 19.03 feet; thence North 51°08'48" East 16.05 feet; thence North 53°23'35" East 12.79 feet; thence North 68°05'49" East 155.93 feet; thence North 66°02'15" East 170.99 feet; thence North 65°02'43" East 241.75 feet; thence North 65°15'56" East 212.65 feet; thence North 63°26'05" East 33.97 feet; thence North 68°25'44" East 100.34 feet; thence North 8138'02" East 74.58 feet; thence North 69°08'43" East 48.77 feet; thence North 52°07'31" East 2.46 feet; thence North 52°07'31" East 22.28 feet; thence North 65°05'42" East 66.99 feet; thence North 75057'50" East 21.00 feet; thence South 72°53'50" East 15.79 feet; thence South 54°12'40" East 6.72 feet; thence South 54°12'40" East 8.96 feet; thence South 27014'07" East 30.66 feet; thence South 29°50'45" East 56.39 feet; thence South 28°22'32" East 50.45 feet; thence South 17°31'32" East 21.56 feet; thence South 1°30'27" West 15.24 feet; thence South 20033'22" West 12.35 feet; thence South 65°48'09" West 1036.22 feet; thence North 81°53'38" West 51.02 feet; thence South 77°44'07" West 19.20 feet; thence South 6656'55" West 11.03 feet; thence North 81°18'49" West 14.18 feet; thence North 63°26'06" West 82.75 feet; thence North 65°24'36" West 96.04 feet; thence North 79°18'54" West 1.33 feet; thence North 4743'35" West 0.69 feet; thence North 67°59'19" West 14.23 feet; thence North 65013'29" West 12.06 feet; thence North 80°20'53" West 20.93 feet; thence North 84°53'22" West 13.66 feet to the 'live Point of Beginning. Containing an area of 6.049 Acres, more or less. All as shown on Exhibit `B", attached hereto and by this reference made a part hereof, Charles R. 'Riipi, PLS 7299 Date: �iJt5/te x►ND S �D U,Q !'Charles R. Tripi t No, 7299 Date: June 14, 2018 WO No. 3059-2 Page 6 of 6 H&A Legal No. 9383 By: C. Tripi Checked By: J. Kinnie EXHIBIT B Depiction of Restoration Sites 19 o EXHIBIT "B" Sketch to Accompany Legal Description. PCL 4 N8484.4 1" - - .---484.46'---• 2.524 AC. .� Rf �Q po � fi � PCL 5 � 32�• -_ "9,g 5j ! : 5.489 AC. I T.P.O.B. PCL 6� ' r` O D P_O.C. PCL Q ':K s Lal 4 4/15 .P.O.B, PCL 1 2.987 AC. �a �I T.P.O.B. 'o Q -PCL 2 : 0.467 AC. PCL 9-A234�L 1 r� pr,,, '2 C1- 3 PP.O.C. O C p 7.204 p,C. 4 \ R&O, 4115 �0' LEGEND: ® INDICATES SHEET NUMBER CHARLES R. TRIPI PLS 7299 DATED ®HUNSAKER & ASSOCIATES EXHIBIT B I R V I N E I N C PLANNING ■ ENGINEERING ■ SURVEYING rhme Hughes • Irvkm CA 92613 • M (949) 553 -IMO • FX: (949) 583-0759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA °"M 6/1418 onm ---- er6 C. TRIPI a '° R. WHEELER SCALE: 1r=500' W.O. 3059-2 ,h:a rnc�dt.ws\, ��,93 _,�S IT01 dwti H&A LEGAL No. 9383 SHEET 1 OF 9 EXHIBIT "B" 13--- L21 L22 Sketch to Accompany Legal Description v p0 L13 -.--L29 U0 T4 1-10 LB L47,7V§g L43 L5 ...... L4' K L40 .0 --L82---., N20'22'36"w-, --------- --- 72,89' Ll PARCEL 2.987 ACRES ,c4 LO n Lod-g- 2 T.P. . . 01 GO Z. 2-E 536. 20 PCL 1 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES HUNSAKEP, & ASSOCIATES EXHIBIT B IR V I N E , I N C PLANNING a ENCN-a SURVEYING Thee Hughes . IrM% CA 92618 - PR, (949) SM-1010 - FX (949) 503-0759 SAN JUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA -F'rI DAM E CK 6/1 4Z1 8 1 'DA'TE ---- T-c.TR IPI BydR. WHEELER SCALE: 1"=100* W.O. 3059-2 LE: 1'\Scn Joon MeadcwS\LD\9383\SHT02.dwg H&A LEGAL No. 93831 SHEET 2 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description A PARCEL 2 --PARCEL 1 0.467 ACRES 2,987 ACRES LO lb Q5 4i Ci —P CL CY) LLJ LL) cc <C) 0 CLUD --- 0 011, Q0 % 06 C-4 .... . ... C; SEE SHEETS 7, 8 AND 9 FOR LINE TABLES SffP Sffffffr 4 ®HUNSAKER & ASSOCIATES I R V I N E , I N C . EXHIBIT B PLANNING . ENGINEERING v SURVEYING Thw Rhes - lMw. CA M15 - PR (949) 50-1010 - FX (949) 5830759 SAN JUAN CAMEITRANO, COUNTY OF ORANGE STATE OF CALIFORNIA F DATE: 6 11J18 DATE — — — — -DW,,.c C.TRIPI Z d C'c R. WHEELER SCALE: 1"=100' W.O. 3509-2 LL 1031 dvig H&A LEGAL No. 93831 SHEET 3 OF _9 EXHIBIT "B" Sketch, to Accompany Legal Description SZZ SHWET 3 7t a 176 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES " SL's` ®HUNSAKER & ASSOCIATES EXHIBIT B I k V I N E , 1 N C PLANNING ■ ENGINEERING ■ 5MVEYING 3hm Hughes • INWW% G 92618 • FK (949) 563 -IM • M (949) 583.0759 SAN JUAN CAPISTRANO, COUNTY OF ORANGE. STATE OF CALIFORNIA DATE, 6 14 18 0 v. -E ----- '8-jr C. TRIM By.a R. WHEELER SCALE: 1"=100' W.O. 3509-2 ALL I: \San Juor HBA LEGAL No. 93831 SHEET 4 OF 9 + 4" L21 0 -- •Leos .-x..208 0 • ..1207 . r� ❑ �= PARCEL 3 PARCEL 6 .r 7.200 ACRES VA6.049 ACRES 176 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES " SL's` ®HUNSAKER & ASSOCIATES EXHIBIT B I k V I N E , 1 N C PLANNING ■ ENGINEERING ■ 5MVEYING 3hm Hughes • INWW% G 92618 • FK (949) 563 -IM • M (949) 583.0759 SAN JUAN CAPISTRANO, COUNTY OF ORANGE. STATE OF CALIFORNIA DATE, 6 14 18 0 v. -E ----- '8-jr C. TRIM By.a R. WHEELER SCALE: 1"=100' W.O. 3509-2 ALL I: \San Juor HBA LEGAL No. 93831 SHEET 4 OF 9 �o PARCEL 5 5.489 ACRES �rg4 O �Tlp PARCEL 6 6,049 ACRES - L174•-- _•L175•_ SEE SHEETS 7, 8 AND 9 FOR LINE TABLES IsHUNSAKER & ASSOCIATES EXHIBIT B 'PLANNING V I N E , I N C PLANNING ENGINEERING - SURVEYING Three Hughes • hvkw, G 92618 - PH: (seg) 583.1010 • FX (749) 583059 SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 6/14/18 o ii --- °sr C.TRIPI By. R. WHEELER SCALE: 1":=100' W.O. 3509-2 FILE: JJar Meadows\LD\9383\SH 105.dwg H&A LEGAL No. 938,31 SHEET 5 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description ..� ., ..f .:< - ;•� 1568.56 r� —N89°31'31°W 484.46'%433 .56 352.90' - ---- 114.29 -- ,L145 v -.�Al 44 _,L143 PCL 3 L142 PARCEL 3 141 ,�• 7.200 ACRES =4-040 yr V 9 ::-037 �� - [ 171 - -- L127 L132 -- -- -- u 416 �o PARCEL 5 5.489 ACRES �rg4 O �Tlp PARCEL 6 6,049 ACRES - L174•-- _•L175•_ SEE SHEETS 7, 8 AND 9 FOR LINE TABLES IsHUNSAKER & ASSOCIATES EXHIBIT B 'PLANNING V I N E , I N C PLANNING ENGINEERING - SURVEYING Three Hughes • hvkw, G 92618 - PH: (seg) 583.1010 • FX (749) 583059 SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 6/14/18 o ii --- °sr C.TRIPI By. R. WHEELER SCALE: 1":=100' W.O. 3509-2 FILE: JJar Meadows\LD\9383\SH 105.dwg H&A LEGAL No. 938,31 SHEET 5 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description 5 13 PCL � CL 5PCL P.O.B. PCL 4 N89031'31"W 484,46' 6 352.90' L227 71,L223 -PT A/P.O.C. p. 9, DETAIL N.T.S. PARCEL 4 2.524 ACRES L150 -c-. -�v 'LA35 L 1 L158 056 L163 %L160 Lq j PARCEL 5 P.O.B. 5.489 ACRES PCL 5 --!-:Ll 88 P. 0. C. '090 il PCL 6 P A_.= -.L197 1.183 LI 95 W,4 ties T.P. PCLO.B. SEE DETAIL HERE PARCEL 6 SEE SHEETS 7, 8 AND 9 FOR LINE TABLES 6.049 ACRES IiUNSAKER & ASSOCIATES EXHIBIT B 1 9 V I N E , I N C . PLANNING w ENGINEERING v SURVEYING Pm Hughes - K**. CA 9Z616 - PR (949) 39331010 - M (949) W3 -M9 SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE 6 /141 L8 —TDF?EAvM' — — — — 'DBy,WI; C.TRIPI BY R. WHEELER SCAM 1"=100' W.O. 3509-2 nm- is \Sar Juan Meaciows\'-D\9353\,SHTOtS.,Jwci H&A LEGAL No. 93831 SHEET 6 OF 9 EXHIBIT "B" Sketch to Accompany Legal Description LINE TABLE ^LINE _ BEARING _ LENGTH LINE BEARING LENGTH I L47 N16°41756"E 30.57' L1 N12°ll'03'W 11.45' L.48 N40914'11"W 49.87' L2 N76'38'41 "W 27.61' L49 N30015'22"W ; 40.68' 0 N47 _ L3 N81'52'1 2"W 82.83' 1.5736'I1"W ' 30.40' L4 N77644`0$"E 22,97 L51 N6V02'39"W 1 49.13' LS N44°59'59"E 23,47' _L52 WEST 59.54' L6 N87°16'25"E 20.52' x:53 - N60°31'26_W 25,79' L7 N2"33'54"W 1 - 17.46' L54` N67013'03"W 52.94'_` L8 N77-39 39"W 31,97' L55 N82024'19"W' 44, 31 _f L9 N70°4236'W 41.37' L56 N74°03'15"E 42.64' LIQ 1 N7� 51'21"E 38.61 L57 _N68°52'32"E 46.04'~ Lll�i_N48043'54"W . 53.63' L58 N81°19'36"W 58.26' 1-12 _ N8_7457'16"E 54.70' L59 N75°37'08"W 39.3_V L13 N86°16'07"E T 45.00' L60 N59°14'14"W 47.71' L14 - N6701 - -"W 41-15' L61 - N52°56'57' W 1 _51.51' L15 _ _N32°44'07"W 1 48.74' L62 N5_3°07'50"E 24.40_ L16 1 N32°33'0p"W 54.43' 1 _ L_63 N66°3_9'58"W.' 1 54.22' L17 - -- h126°58'22"W _� - 66.79' 1-6_4 N73'08'30"W . 67.32' L18 _ N22°09'59"W a 56.92' L65 N87°55'48"E 81.07' L19 N31°36'26"W 44.70' 1 L66 N75°00'18"E 56.59' L20 N25°01'01"W 4$.47' ^_L57 481°52'11"W T_ 48.31' L21 i! N07°21'08"W 30.51' L68 N56°44'44"W 71.20' _ L22 � N78°41'23" E . 14.93' L69 N8Yl B'O5" W 71.50' _L23 N43°59'41"W 39.35' L70 - N75°22'45"W46.40' L24 N32°54'19"W 59.29' + L71 N39°48'20"W 53.37' L25 _ N18°12'34["W 78.09' L72 N33`C8'49"W 57-13' L26 N19°46"02"W 66.38' L73 N27°10'52_ 'W T 40.60' L27 I N33°26'24"W 62.00' L74 N17°21'15"W _32.73' 1-28 _ N82°11'05"W 5[1.25' L75 N_41°52'_40" -w- 38A2' 35 L29 N69°04'32"E ; _53' JH N40°36'05'_WW _ 36.00' L30 N61°55'39"E 49.7$'_ L77, I7_1 N16°18'49°W~ - 41.70' I L31 N82'52'30"L 55.09' 1.781 N12°31'44"W r _27.00' L32 N86°16'08"W ! 45.00' L79 N75°04'08"W 15.15' L33N60°56'42"W 1 30,15' LBO N47°4_3'35"E 14.51' L34 _ N57°27'547W 67.15 L81 N10°42'47"E _36.76' L35 N82'59'56"W - 56.06' f L82 N05°O1'01"E 68,71' _L3_6 1471'06'50"W 39-20'_ L83 NO2°26'09"W . --7,86'_ L37 N77028'35"W 52.35' L84 N4_6°47'23_ "W 45.57' I L38 N29'11'51"W 76,04' L85 N31°3_2'05"W 51,95' L39 N14°44'37"W 38.35 L86. N2T54'29'V 95.88' 1 L40 N14°02'10"E 1 40.25 L87 _ N08°19'32"W 41.70' L41 _ N44°14'10"W 51,77' �L88 N10°47'03"W 43.03' I L42 N49042'28"W 58.87' L89 1439°55'14'W 64.30' L43 { N08031'49"E 19.74' L90_' N39°28'20"W 4_4.33' " L44 N79°49'28"W 38.68' L91 N58°14'26"W 99.42' L45 N_19'58'59"W 57.13' L92 I_ N62°09'09"W L46 N25°46'09"W 62.87', L9.3 1 N51°OB'47"W 46.52' ®HUNSAKER & ASSOCIATES EXHIBIT B I R V I N E , I N C . PLANNING ■ ENGINEERING * SURVEYING Three Hughes • Irvine, G1 72510 • PH: (949) 503.1010 • F%: (949) 503.0759 SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA °ATS 6/14/18 1 o ie ----- i e C.TRIPI ©° R. WHEELER SCALE: N/A W.O. 3509-2 "" : ,,�a:1 Juar: HBA LEGAL NO. 93831 SHEET 7 OF 9 EXHIBIT "Br Sketch to Accompany Legal Dem iption LINE TABLE LINE I BEARING _LENGTH I L94 N45"58'15'W 83,98' L95 N57°27'00"W 56.1 T 1' L96 N58°14'25°W _74.57' �L97 N59°20'08"W 132.21' L98 MY06'34"W 93.24' L99 14290443"E _ a11, 1100 j N71°33'54"W 41.37' L101 N60°38'32'W 55.42' L102 ' N53°01'54"W 117.14' 1103 N56°41'22"W 126.44' L104 N61023'22"W .63,05 - Ll 0 3,05L105 N50°29'33"W 74.35' L106 N59°02'11"W 82.15'_ 1.107 _ -N58040'1 6"W 81.29' Li 08 N57°39'10'W 38.66' L109 N01 '15'02"E 2.82' L110 N32'11 11'45"E 1 69.24' 1111 N52°25'53"E 71.19' L112 N73"00'33"E { 81.69' L113 N57°48'15"E 69.24' L114 N58°44'58"E 8_3.82' L115,t__ 1163°53'10"E 1 7.3.26' ; NB6°°11'09"E _ 32.62' 1.117 _ Nfi6002'1S"E 64.12' 1 L118 N63°26'06. 'E 48.53' 1 L119 N7205 8.8.55' 88.55' L120 N71°33'54"' 54.90' L121 N59°0211"E- 25.31' L122 N65°25'58"E _83.52' L123_ N77'59'19"E 104.26' L124 N64°13'50'E 59.88' L125_ N86°31'55"E 71.75' L126 N88°55'09"W 1115.04', L127 N81°09'29"W 9$.83' I L128 N68037'46" W _ _ 53.60' _ L129 N71033'54"E L130 N66°_48'05"E 66,11' L131 N72°10'5_2"E 63.83' 1.132 N77°37'09"E 91.09' L133_ - N79'15'40"E 128.11' L134 NB1°28'09'IE _43.89' L135 f N49°11'05"E 63.08' L136 j _N32°00'19"E _ 40.95' L137 N16"23'2.2"E 38,45' L138 NSM"E 55.33' L139 #25°N28'36'37LEL _ 27.19' ®HUNSAKER & ASSOCIATES I R V I N E I N C . PLANNING ENGINEERING SURVEYING Three Hughes " lane, U 92618 • PR (949) 503.1010 . FX; (949) 503-0759 DAVE! 6/14/18 'DATE --- y.`'C.TRIPI `E: �,5ar: Juc Mcaccws\I 040 N68°57�45E 5.7x' L141 N16002'4YE } 9.51'j - L142 N26'33'53*E 7.28' iIII L143 N14°000"E 17.90' L144 NMI'27"E 19.92' L145 Nl 39'01"£ M84' L146_ N16044'31"E 44.12' 1 L147 N42050'22"E 4.4:33' �L14B N24002'31"E 47.59 L149 N20002'21"E 43.94' L150 } N19'15 16-E 1 L151 _ N44°48'51"E!_ -39.1x' 30`69) 1_152 N53°20'42"E ~ 62.07' ` ^L153 N66°36'57"E 1&93' I L154 N77°17'0$"E *Lo-' _^_ N78°30'16"E 143,85' _L1_55 N89°4852'E 41.23' _L156 L157 N80'21'07'E 52.80' L158 N86°48'06'E 41.29' L159 ' N77°55'15"W 24.64' L160 N81115'13"W 21.15' ` 1.161 N80032'1 5"E I _39.60' f _L162 N81°52'12"E 76.73' 1 1.163 1 N80°52'11"E I _�3D9 L164 N79°30'30"E 59.59' 1 L165 N83°02'563"E 89.64' T L166 j-W79':f739"E I 94.92' L167 N78°59'4_7"E 159.18' 1.168 N74025'39"E _ 137.42' 1.169 �T _N61055'3$"E 36.89' L170 N74928'_341 _40.54' L171 1. N78006'41"W _42.14' L172 N82°05'34'W 78,87' L173 N84'33'35"W _ 45.7$' L174 N87°03'51 "W 84.75' L175 WEST 56.42' L176 N59'44'36E 30.15' L177 _ N67734'27"E 147-90' _1.176_ _NW51' 49"E_ 69.34' L179 _ N42042'34"£ 38.39' _1.180 N64"26'24"E 55.33' Li 8.1 N63'26'0G'E 24.91' L182 N72045'31"W 69.82' L183 WEST 59.90, L184 _ N75°57'50"L 75,16' L185 N8_7°_36'51"E b2.55' L186 N47°93'35"1,i 3&71 L187 N71°44'13"N 144.48' EXHIBIT B SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA By` R, WHEELER I SCALE: N/A I W.O. 3509-2 H&A LEGAL No. 93831 SHEET 8 OF 9 EXHIBIT „B" Sketch to Accompany Legal Description L190 N71°44'13"W 1.74' LINE TABLE LINE BEARING LENGTH L188 N45051'01"W 10.79' L189 N41°20'52"E 5.12' L190 N71°44'13"W 1.74' L191 N58°48'54"E 24.19' L192 N74028'33"E 13:18' L193 N6_7°59'19"E 17.60' L194 N56°45'06"E 24.08' L195 L196 N510 40'00"E 19.03' N51908'48"E 16.05' 153°23'35"E , 12.79' _L197 L198 N68°05'49"E 155.93' I L199 Nfi6°07'15"E 170.99' N6VO2'43"E 241.75' _L200 L201_ N65°15'_56"E 212. 65' L202_ N63°26'05"E 33.97' N68°25'441 100.34' L204 N_81 °38'02"E ' 74.56' L205� N69°08'43'E 48.77' L206 N52°07'31"E 22.28' L207 1208 N65°05'42"E X6599' N75°57'50"E 21.00' 1.209- N72053'50"W 15.79' L210 N54°12'40"W ; 8,96'1 L211 N27'1 4'07"W + 30.66' L212 N29°50'45'W 56.39' 1213 N28°22'32"W 50.45 L214 N17°31'32"W 21.56' L215 N01030'27'E 15.24' L216 _ N20°33'22"E 12.35' L217 N81053'38"W _ _ 51.02' N7' °44'07"E 19.20' _L218 I L219 N66 W55"E ' 11,03' 1 L220 N81°18'49"W 14.18' 1221 N63°26'06"W 82.75' L222 N65°24'36"W 96..44" L223 N79°18'54"W 1.33'_ L224 N47°43'35"W 0.69' L22.5 N67_°59'19'W 14.23' L2261_ N8E1°20'53"W 20.93' L227 ;i N84°53'22"W 13.66' ®HUNSAKER & ASSOCIATES I R V I N E , I N C . PLANNING - ENGINEERING • SURVEYING Thrca H°ghm • IMm. cA 92676 • PH: (9:9) s6L1674 • F%: (949) 5aw$9 EXHIBIT B SAN JUAN CAPISTRANO, COUNTY OF ORANGE. STATE OF CALIFORNIA -T'-- 6/14/1 pAvTi -- .' C,TRIPI a ° R. WHEELER SCALE: N/A W.O. 3509-2 FILE � `Rc.an Juon Mea�.ows\�C\,9.5'3 \S�TG9_dw� H&A LEGAL No. 9383 SHEET 9 OF 9 Map Check Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/18 01:02:39 PM BY: Chuck Title: PCL 1 LD9383 Crs Bearing Distance Northing Easting Starting Coordinates 2123186.1235 6133295.9887 1. S 89025'52" E 104.75 2123185.0834 6133400.7335 2. S 20022136" E 72.89 2123116.7546 6133426.1131 3. S 12°11'03" E 11.45 2123105.5625 6133428.5297 4. S 76038141" E 27.61 2123099.1849 6133455.3930 5. S 81052112" E 82.83 2123087.4711 6133537.3906 6. N 77044108" E 22.97 2123092.3505 6133559.8363 7. N 44059159" E 23.47 2123108.9464 6133576.4321 8. N 87016125" E 20.52 2123109.9225 6133596.9288 9. S 26033'54" E 17.46 2123094.3058 6133604.7372 10. S 77039139" E 31.97 2123087.4738 6133035.9687 11. S 70042136" E 41.37 2123073.8073 6133675.0161 12. N 73051121" E 38.61 2123084.5430 6133712.1035 13. S 48043154" E 63.63 2123042.5735 6133759.9296 14. N 87057116" E 54.70 2123044.5260 6133814.5948 15, N 86016107" E 45.00 2123047.4545 6133859.4994 16, S 67041138" E 41.15 2123031.8358 6133897.5701 17. S 3204410"7" E 48.74 2122990.8368 6133923.9267 18. S 32033'00" E 54.43 2122944.9566 6133953.2119 19. S 26056'22" E 66.79 2122885.4142 6133983.4710 20, S 22009159" E 56.92 2122832.7011 6134004,9468 21. S 31036'26" E 44.70 2122794.6318 6134028.3738 22. S 25001101" E 48.47 2122750.7091 6134048.8711 23. S 07021108" E 30.51 2122720.4500 6134052.7754 24. S 78041123" W 14.93 2122717.5219 6134038.1354 25. N 43059141" W 39.35 2122745.8304 6134010.8032 26. N 32054'19" W 59.29 2122795.6085 6133978.5938 27. N 18012130" W 78.09 2122869.7883 6133954.1927 1 Map Check (cont.) Record: 1:\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/18 01:02:39 PM By: Chuck Title: PCL 1 LD9383 Crs Bearing Distance Northing Easting 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. N 19°46'02" W N 33026'24" W N 82011'05" W S 69004'32" W S 61055'39" W S 82052130" W N 86016'08" W N 60056'42" W N 57027'54" W N 82059'56" W N 71006'50" W N 77028'35" W S 12010'59" E S 29011'51" E S 14044'37" E S 14002'10" W S 44014'10" E S 49042128" E S 08031149" W N 79049128" W S 19058'59" E S 25046'09" E S 16041'56" W S 40014'11" E S 30015122" E S 47036'11" E S 69002'39" E EAST 66.38 62.00 50.25 35.53 49.78 55.09 45.00 30.15 67.15 56.06 39.20 52.35 1.63 76.04 38.35 40.25 51.77 58.87 19.74 38.68 57.13 62.87 30.57 49.87 40.68 30.40 49.13 59.54 6 2122932.2568 2122983.9935 2122990.8265 2122978.1375 2122954.7116 2122947.8785 2122950.8068 2122965.4492 2123001.5634 2123008.3965 2123021.0851 2123032.4367 2123030.8434 2122964.4648 2122927.3775 2122888.3293 2122851.2376 2122813.1671 2122793.6455 2122800.4789 2122746.7885 2122690.1707 2122660.8899 2122622.8199 2122587.6812 2122567.1836 2122549.6124 2122549.6124 6133931.7431 6133897.5771 6133847.7939 6133814.6070 6133770.6835 6133716.0189 6133 67 1. 1143 6133644.7585 6133588.1468 6133532.5048 6133495.4152 6133444.3108 6133444.6548 6133481.7487 6133491.5086 6133481.7466 6133517.8622 6133562.7657 6133559.8376 6133521.7660 6133541.2897 6133568.6222 6133559.8382 6133592.0514 6133612.5486 6133634.9988 6133680.8791 6133740.4191 Map Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/18 01:02:39 PM By; Chuck Title: PCL 1 LD9383 Crs Bearing Distance Northing Easting 56. S 60031'26" E 25.79 57. S 67013103" E 52.94 58. S 82024'19" E 44.31 59. N 74003'15" E 42.64 60. N 68052'32" E 46.04 61. S 81019'36" E 58.26 62. S 75037'08" E 39.30 63. S 59014'14" E 47.71 64. S 62056'57" E 51.51 65. S 53007'50" W 24.40 66. N 6639'58" W 54.22 67. N 73008'30" W 67.32 68. S 87055148" W 81.07 69. S 75000'18" W 56.59 70. N 81052'11" W 48.31 71. N 56044'44" W 71.20 72. N 85018'05" W 71.50 73. N 75022'45" W 46.40 74. N 39048'20" W 53.37 75, N 33008`49" W 57.13 76. N 27010'52" W 40.60 77. N 17021'15" W 32.73 78. N 41052'40" W 38.02 79. N 40036'05" W 36.00 80. N 16018'49" W 41.70 81. N 12031'44" W 27.00 82. N 75004'08" W 15.15 83. S 47043'35" W 14.51 3 2122536.9221 2122516.4220 2122510.5657 2122522.2802 2122538.8727 2122530.0871 2122520.3261 2122495.9232 2122472.4974 2122457.8576 2122479.3335 2122498.8567 2122495.9285 2122481.2867 2122488.1189 2122527.1620 2122533.0188 2122544.7312 2122585.7312 2122633.5645 2122669.6809 2122700.9210 2122729.2295 2122756.5627 2122796.5838 2122822.9409 2122826.8444 2122817.0839 6133762.8709 6133811.6806 6133855.6019 6133896.6012 6133939.5473 6133997.1410 6134035.2096 6134076.2064 6134122.0814 61341C2.5613 6134052.7758 6133988.3489 6133907.3318 6133852.6688 6133804.8444 6133745.3038 6133674.0441 6133629.1466 6133594.9800 6133563.7420 6133545.1957 6133535.4331 6133510.0531 6133486.6246 6133474.9113 6133469.0541 6133454.4156 6133443.6791 Map,Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 1 LD9383.cgc Date: 06/11/18 01:14:43 PM Date Created: 06/11/18 01:02:39 PM BY: Chuck Title: PCL 1 LD9383 Crs Bearing Distance Northing Easting 84. S 10042'47" W 36.76 2122780.9646 6133436.8457 85. S 05001'01" W 68.71 2122712.5179 6133430.8370 86. S 15035'00" E 3.17 2122709.4644 6133431.6886 87. N 22045'43" W 402.93 2123081.0144 6133275.7937 88. N 10052'20" E 107.02 2123186.1134 6133295.9797 Ending Coordinates 2123186.1134 6133295.9797 ERROR OF CLOSURE Delta N Delta E S 41034'12" W 0.014 0.0101 0.0090 One part in 330465 Perimeter = 4461.37 ft; Area = 130100.74 sq ft, 2.987 Acres 4 Map Check Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 2 LD9383.cgc Date: 06/11/18 01:18:14 PM Date Created: 06/11/18 01:16:15 PM By: Chuck Title: PCL 2 LD9383 Crs Bearing Distance Northing Easting Starting Coordinates 2122574.0351 6133488.5232 1. N 02026109" W 7.86 2122581.8880 6133488.1892 2. S 46047'23" E 45.57 21.22550.6872 6133521.4027 3. S 31032'05" E 51.95 2122506.4090 6133548.5733 4. S 20054129" E 95.88 2122416.8423 6133582.7899 5. S 08019'32" E 41.70 2122375.5818 6133588.8280 6. S 10047103" E 43.03 2122333.3117 6133596.8793 7. S 39055'14" E 64.30 2122283.9978 6133638.1422 8. S 39028120" E 44.33 2122249.7780 6133666.3230 9. S 58014126" E 99.42 2122197.4479 6133750.8564 10. S 62009'09" E 60.32 2122169.2712 6133604.1910 11, S 51008147" E 46.52 2122140.0877 6133840.4185 12. S 45058'15" E 83.98 2122081.7195 6133900.7989 13. S 57027100" E 56.11 2122051.5304 6133948.0953 14. S 58014'25" E 74.57 2122012.2798 6134011.4994 15. S 59020'08" E 132.21 2121944.8515 6134125.2223 16. S 55006'34" E 93.24 2121891.5173 6134201.7021 17, S 29044143" W 8.11 2121884.4758 6134197.6784 18. N 71033'54" W 41.37 2121897.5582 6134158.4313 19. N 60038132" W 55.42 2121924.7285 6134110.1286 20. N 53001'54" W 117.14 2121995.1734 6134016.5375 21. N 56041122" W 126.44 2122064.6113 6133910.8708 22. N 61023'22" W 63.05 2122094.8030 6133855.5196 23. N 50029'33" W 74.35 2122142.1030 6133798.1555 24. N 59002'11" W 82.15 2122164.3686 6133727.7123 25. N 58040'16" W 81.29 2122226.6353 6133658.2747 26. N 57039'10" W 38.66 2122247.3203 6133625.6139 27. N 22045'43" W 354.30 2122574.0276 6133488.5341 1 Map Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 2 LD9383.cgc Date: 06/11/18 01:18:14 PM Date Created: 06/11/18 01:16;15 PM By: Chuck Title: PCL 2 L09383 Crs Bearing Distance Northing Easting Ending Coordinates 2122574.0276 61334$8.5341 ERROR OF CLOSURE Delta N Delta E S 55015'56" E 0.013 0.0075 -0.0109 One part in 157609 Perimeter = 2083.27 ft; Area = 20329.33 sq ft, 0.467 Acres 2 Map Check Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 4 LD9383.cgc Date: 06/11/18 01:24:50 PM Date Created: 06/11/18 01:23:53 PM By: Chuck Title: PCL 4 LD9383 Crs Bearing Distance Northing Easting Starting Coordinates 2121839.5291 6131652.9215 1. S 89031131" E 352.90 2121836.6052 6132005.8093 2. S 16044137." W 44.12 2121794.3554 6131993.1001 3. S 42050'22" W 44.53 2121761.7032 6131962.8221 4. S 24002131" W 47.59 2121716.2418 6131943.4336 5. S 20°02'21" W 43.94 2121676.9619 6131928.3771 6. S 19015'16" W 39.12 2121640.0302 6131915.4767 7. S 44048'51" W 30.69 2121618.2588 6131893.8461 8. S 53020142" W 62.07 2121581.2033 6131844.0508 9. S 66036157" W 16.53 2121574.6426 6131828.8785 10. S 77017'08" W 80.03 2121557.0287 6131750.8109 11. S 78030'16" W 143.85 2121528.3605 6131609.8465 12. S 89048152" W 41.23 2121528.2270 6131568.6167 13. S 80021'07" W 52.60 2121519.3779 6131516.5635 14. S 86048106" W 41.29 2121517.0743 6131475.33.78 15. N 77055115" W 24.64 2121522.2305 6131451.2434 16. N 32026123" E 375.98 2121839.5412 6131652.9236 Ending Coordinates 2121839.5412 6131652.9236 ERROR OF CLOSURE Delta N Delta E N 09048'13" E 0.012 -0.0121 -0.0021 One part in 117443 Perimeter = 1441.31 ft; Area = 109949.56 sq ft, 2.524 Acres 1 Map Check Record: I:\San Juan Meadow5\LD\9383\MapCheck\PCL 5 LD 9383.cgc Date: 06/12/18 08:13:37 AM Date Created: 06/11/18 01:26:02 PM By: Chuck Title: PCL 5 LD 9383 Crs Bearing Starting Coordinates 59044138" 1. N 32026123" 67034'27" E 2. S 81015113" W E 3. N 80032'15" 22. E 4. N 81052112" S E 5. N 80052'11" 64026'24" E 6. N 79030'30" W E 7. N 83002150" 27. E S. N 79027139" E 9. N 78059'47" E 10. N 74025139" E 11. N 61055138" E 12. N 74028134" E 13. S 78006141" E 14. S 82005'34" E 15. S 84033'35" E 16. S 87003151" E 17. EAST 18. S 59044138" W 19. S 67034'27" W 20. S 63026'06" W 21. S 66019'46" W 22. S 69051'49" W 23. S 42042134" W 24. S 64026'24" W 25. S 63026'06" W 26. N 72045'31" W 27. WEST Distance 213.11 21.15 39.60 76.73 123.09 59.59 89.64 94.92 159.18 137.42 36.89 40.54 42.14 78.87 45.78 84.75 56.42 30.15 147.90 218.38 345.94 69.34 38.39 55.33 24.92 69.82 59.90 1 Northing 2121314.3538 2121494.2093 2121490.9932 2121497.5035 2121508.3546 2121527.8865 2121538.7374 2121549.5885 2121566.9500 2121597.3329 2121634.2243 2121651.5845 2121662.4346 2121653.7533 2121642.9032 2121638.5629 2121634.2222 2121634.2222 2121619.0307 2121562.6087 2121464.9464 2121326.0594 2121302.1887 2121273.9796 2121250.1071 2121238.9626 2121259.6571 2121259.6571 Easting 6131319.1158 6131433.4305 6131454.3346 6131493,3958 6131569.3546 6131690.8851 6131749.4788 6131838.4596 6131931.7783 6132068.0318 6132220.4074 6132252.9573 6132292.0183 6132333.2544 6132411.3745 6132456.9483 6132541.5871 6132598.0071 6132571.9641 6132435.2491 6132239.9240 6131923.0883 6131857.9867 6131831.9475 6131782.0324 6131759.7433 6131693.0606 6131633.1606 Map Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 5 LD 9383.cgc Date: 06/12/18 08:13:37 AM Date Created: 06/11/18 01:26:0.2 PM By: Chuck Title: PCI, 5 LD 9383 Crs Bearing Distance Northing Easting 28. S 75057'50" W 75.16 2121241.4283 29. S 87036'51" W 62.55 2121238.8244 30. N 47043135" W 38.71 2121264.8635 31. N 71044'13" W 144.48 2121310.1407 32. N 4551'01" W 10.79 2121317.6563 33. S 41020'52" W 5.12 2121313.8127 34. N 71044'13" W 1.74 2121314.3580 Ending Coordinates 2121314.3580 ERROR OF CLOSURE Delta N N 69001123" E 0.012 -0.0042 One part in 238045 6131560.2447 6131497,7489 6131469.1058 6131331.9036 6131324.1615 6131320.7791 6131319.1268 6131319.1268 Delta E -0.0110 Perimeter = 2798.44 ft; Area = 239079.26 sq ft, 5.489 Acres 2 Map Check Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 6 LD9383.cgc Date: 06/11/18 01:49:28 PM Date Created: 06/11/18 01:31:14 PM BY: Chuck Tule: PCL 6 LD9383 Crs Bearing Starting Coordinates 1. N 58048154" E 2. N 74028133" E 3. N 67059'19" E 4. N 56046106" E 5. N 51040100" E 6. N 51008148" E 7. N 53023135" E 8. N 68005149" E 9. N 66002115" E 10. N 65002143" E 11. N 65015156" E 12. N 63026105" E 13. N 68025144" E 14. N 81038102" E 15. N 69008143" E 16. N 52007131" E 17. N 52007131" E 18. N 65005142" E 19. N 75057150" E 20. S 72053'50" E 21. S 54012140" E 22. S 54012140" E 23. S 27014'07" E 24. S 290501451" E 25. S 28°22132" E 26. S 17031132" E 27. S 01030127" W Distance 24.19 13.18 17.60 24.0E 19.03 16.05 12.79 155.93 170.99 241.75 212.65 33.97 100.34 74.58 48.77 2.46 22.28 66.99 21.00 15.79 6.72 8.96 30.66 56.39 50.45 21.56 15.24 1 Northing 2121238.9618 2121251.4874 2121255.0150 2121261.6113 2121274.8078 2121286.6109 2121296.6795 2121.304.3065 2121362.4742 2121431.9198 21-21533.9146 2121622.8901 2121638.0821 2121674.9727 2121685.8239 2121703.1860 2121704.6963 2121718.3748 2121746.5853 2121751.6785 2121747.0349 2121743.1050 2121737.8652 2121710.6043 2121661.6935 2121617.3050 2121596.7457 2121581.5110 Easting 6131787.9974 6131808.6920 6131821.3911 6131837.7083 6131857.8503 6131812.7777 613188 5. 27 67 6131895.5438 6132040.2182 6132196.4708 6132415.6514 6132608.7922 6132639.1758 6132732.48B2 6132806.2746 6132851.8495 6132853.7913 6132871.3781 6132932.1385 6132952.5115 6132967.6033 6132973.0544 6132980.3226 6132994.3540 6133022.4175 6133046.3938 6133052.8862 6133052.4852 Map Check (cont.) Record: I:\San Juan Meadows\LD\9383\MapCheck\PCL 6 LD9383.cgc Date: 06/11/18 01:49:28 PM Date Created: 06/11/18 01:31:14 PM By: Chuck Title: PCL 6 LD9383 Crs Bearing Distance Northing Easting 28. S 20033122" W 12.35 2121569.9414 6133048.1488 29. S 65048109" W 1036.22 2121145.2181 6132102.9732 30, N 81053138" W 51.02 2121152.4123 6132052.4630 31. S 77044107" W 19.20 2121148.3337 6132033.7012 32. S 66°56'55" W 11.03 2121144.0148 6132023.5519 33. N 81018149" W 14.18 2121146.1564 6132009.5345 34. N 63026106" W 82.75 2121183.1632 6131935.5206 35. N 65024136" W 96.04 2121223.1276 6131848.1906 36. N 79018154" W 1.33 2121223.3742 6131846.8837 37. N 47043135" W 0.69 2121223.8383 6131846.3731 38. N 67059119" W 14.23 2121229.1716 6131833.1804 39. N 65013'29" W 12.06 2121234.2255 6131822.2304 40. N 80020153" W 20.93 2121237.7346 6131801.5966 41. N 84053122" W 13.66 2121238.9514 6131787.9910 Ending Coordinates 2121238.9514 6131787.9910 ERROR OF CLOSURE Delta N Delta E S 32003'50" W 0.012 0.0103 0.0065 One part in 235205 Perimeter = 2870.09 ft; Area = 263515.40 sq ft, 6.049 Acres 0►: EXHIBIT C Mitigation Map 20 W H N H U W 0 S CL N Q0 > 0 OQ zw J OZ to c� �-Z D)a o Cl) 44* r 44* EXHIBIT D HMMP, CSS Restoration Plan, and LTIVIP Cover and Introduction Pages 21 SAN JUAN MEADOWS/DISTRITO LA NOVIA PROJECT CONCEPTUAL HABITAT MITIGATION AND MONITORING PLAN FOR PERMANENT IMPACTS TO AREAS WITHIN THE JURISDICTION OF THE UNITED STATES ARMY CORPS OF ENGINEERS PURSUANT TO SECTION 404 OF THE CLEAN WATER ACT THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD PURSUANT TO SECTION 401 OF THE CLEAN WATER ACT THE CALIFORNIA DEPARTMENT OF FISH AND GAME PURSUANT TO SECTION 1602 OF THE FISH AND GAME CODE June 16, 2014 Prepared for: Advanced Group 99 -SJ 15320 Barranca Parkway, Suite 100 Irvine, CA 92618 Contact: Robb Cerruti Telephone: (949) 595-5900 Prepared by: Glenn Lukos Associates 29 Orchard Lake Forest, California 92630-8300 Contact: Thienan Pfeiffer Telephone: (949) 837-0404 EXECUTIVE SUMMARY Implementation of this Habitat Mitigation and Monitoring Plan (HMMP) will result in the establishment, rehabilitation, and preservation of two distinct habitat types, including native - grassland within ephemeral drainages and mulefat scrub habitat to mitigate for the Distrito La Novia/San Juan Meadows Project ("Project"). This HMMP provides all twelve components as required in the 2008 Final Mitigation Rule and is intended to be the mitigation document that serves to satisfy compensatory mitigation measures stipulated in the Project's 404 Permit, 1602 Streambed Alteration Agreement, and 401 Water Quality Certification. The Project site is located within the San Juan Creek and western San Mateo Creek Watershed Special Area Management Plan (SAMP), outside and downstream of the Rancho Mission Viejo planning area. Restoration opportunities within this watershed are outlined in a study conducted in 2004 by the U.S. Army Engineer Research Development Center (SAMP Restoration Plan).' The functional assessment portion of this HMMP reflects the quantifiable net change in riparian ecosystem integrity using the normalized scores for increases in hydrologic, water quality, and habitat functions for this reach of San Juan Creek. Mitigation for permanent impacts to U.S. Army Corps of Engineers (Corps) non -wetland waters and California Department of Fish and Wildlife (CDFW) jurisdiction will be achieved in two ways: Establishment of 0.72 acres (4,150 linear feet) of streambed on site on San Juan Meadows (Streams 1 and 2). The streams would be vegetated with native grasses. 2. Rehabilitation of 3.72 acres (3,256 linear feet) of vegetated streambed (Drainage B). The Drainage B complex, of which a small portion flows through the Project site, is located immediately east of the San Juan Meadows project component. This drainage complex is currently designated as City of San Juan Capistrano open space.2 The proposed Permittee -responsible mitigation is proposed due to the unavailability of Corps - approved mitigation banks and in -lieu fee programs within the San Juan Creek watershed. Establishment of Streams l and 2 provides a ratio of 4.8:1 for acreage impacts and over 1.1:1 for linear foot impacts to Corps jurisdiction. The entire mitigation proposal (establishment and rehabilitation) provides a ratio of 15.9:1 for acreage impacts to CDFW jurisdiction. In terms of riparian ecosystem integrity, the mitigation would provide a net increase of 0.31 hydrologic units, 0.28 water quality units, and 0.48 habitat units. ' Smith, R.D. and C.V. Klimas. 2004. Riparian Ecosystem Restoration Plan for San Juan Creek and Western San Mateo Creek Watersheds: General Design Criteria and Site Selection. U.S. Army Engineer Research Development Center, Waterways Experiment Station, Vicksburg, MS. Final Report to the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Branch. z This mitigation component is not required to offset impacts to Corps/RWQCB jurisdiction, and therefore, is for the benefit of offsetting impacts to CDFW jurisdiction only. v HABITAT RESTORATION AND MONITORING PLAN FOR RESTORATION OF COASTAL SAGE SCRUB HABITAT FOR THE UNITED STATES FISH AND WILDLIFE SERVICE BIOLOGICAL OPINION FWS-OR-09BO114-15FO543 FOR DISTRITO LA NOVIAISAN JUAN MEADOWS PROJECT CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA DRAFT January 2019 Prepared for: Advanced Group 99 -SJ & Advanced Group 03-79-2 23792 Rockfield Boulevard Suite 100 Lake Forest, California 92630 Contact: Robb Cerruti Telephone: (949) 595-5900 Prepared by: Glenn Lukos Associates 29 Orchard Lake Forest, California 92630-8300 Contact: Thienan Pfeiffer or Sheri Asgari Telephone: (949) 837-0404 DISTRITO LA NOVIAISAN JUAN MEADOWS PROJECT HABITAT RESTORATION AND MONITORING PLAN EXECUTIVE SUMMARY This Habitat Restoration and Monitoring Plan (HRMP/Plan) has been developed for the Distrito La Novia/San Juan Meadows Project (Project/Property) located in the City of San Juan Capistrano, Orange County, California. The proposed 153.87 -acre Project site consists of mixed-use residential development, an equestrian center, commercial/retail/office uses, a reservoir, recreational development, fuel modification, and associated infrastructure. Overall anticipated habitat impacts associated with the Project include 20.41 acres of coastal sage scrub (CSS), 109.21 acres of non-native grassland, 0.13 acres of mulefat scrub, 2.87 acres of ornamental vegetation, and 0.07 acres of southern willow scrub. The Project is situated partially within Unit 6 of designated critical habitat for the federally threatened coastal California gnatcatcher (Polioptila californica californica; gnatcatcher), and is expected to impact 94.41 acres of the 119 acres of designated critical habitat on site, primarily consisting of non-native grassland. This HRMP describes proposed mitigation for impacts to 20.41 acres of CSS per U.S. Fish and Wildlife Service (USFWS) Biological Opinion (BO) FWS-OR-09B0114-15F0543 [Appendix A] Conservation Measure 9b, which requires combined restoration, preservation, and long-term management of 40.82 acres of CSS on the Project site and adjacent lands owned by the City of San Juan Capistrano (City), collectively referenced herein as "Conservation Lands". The Conservation Measure requires that the HRMP include a planting plan, minimum five-year maintenance, monitoring, annual reporting by March 1 of each monitoring year, and success criteria. Additionally, a Long -Term Management Plan (LTMP) will be prepared and implemented after the successful achievement of five-year success criteria and completion of the five-year maintenance and monitoring program described herein. In addition to the onsite development, the project includes about 3.72 acres of riparian habitat restoration (not addressed in this Plan) in an offsite area known as Drainage B, immediately east of the project site in open space land owned by the City. LONG-TERM MANAGEMENT PLAN FOR THE 40.82 -ACRE COASTAL SAGE SCRUB CONSERVATION LANDS ASSOCIATED WITH THE DISTRITO LA NOVIAISAN JUAN MEADOWS PROJECT CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA AS REQUIRED BY: THE UNITED STATES FISH AND WILDLIFE SERVICE PURSUANT TO SECTION 7 OF THE ENDANGERED SPECIES ACT BIOLOGICAL OPINION FWS-OR-09B0114-15F0543 THE UNITED STATES ARMY CORPS OF ENGINEERS PURSUANT TO SECTION 404 OF THE CLEAN WATER ACT FILE NO. SPL -2014 -00615 -GS AND THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD PURSUANT TO SECTION 401 OF THE CLEAN WATER ACT CERTIFICATION NO. 119-2013-0098 DRAFT January 2019 Prepared for: Advanced Group 99 -SJ & Advanced Group 03-79-2 23792 Rockfield Boulevard Suite 100 Lake Forest, California 92630 Contact: Robb Cerruti Telephone: (949) 595-5900 Prepared by: Glenn Lukos Associates, Inc. 29 Orchard Lake Forest, CA 92630 Contact: Thienan Pfeiffer or Sheri Asgari Phone: (949) 837-0404 LONG-TERM MANAGEMENT PLAN FOR THE RIPARIAN RESTORATION AREAS ASSOCIATED WITH THE DISTRITO LA NOVIAISAN JUAN MEADOWS PROJECT CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA AS REQUIRED BY: THE UNITED STATES FISH AND WILDLIFE SERVICE PURSUANT TO SECTION 7 OF THE ENDANGERED SPECIES ACT BIOLOGICAL OPINION FWS-OR-09B0114-15FO543 THE UNITED STATES ARMY CORPS OF ENGINEERS PURSUANT TO SECTION 404 OF THE CLEAN WATER ACT FILE NO. SPL -2014 -00615 -GS AND THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD PURSUANT TO SECTION 401 OF THE CLEAN WATER ACT CERTIFICATION NO. R9-2013-0098 DRAFT January 2019 Prepared for: Advanced Group 99 -SJ & Advanced Group 03-79-2 23792 Rockfield Boulevard Suite 100 Lake Forest, California 92630 Contact: Robb Cerruti Telephone: (949) 595-5900 Prepared by: Glenn Lukos Associates, Inc. 29 Orchard Lake Forest, CA 92630 Contact: Thienan Pfeiffer or Sheri Asgari Phone: (949) 837-0404 EXHIBIT E Preliminary Title Report for Parcel 1 Through 6 EXHIBIT F Restoration Sites Natural Condition 22 commonwealth LAND TITLE COMPANY Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 Advanced Real Estate Services, Inc Our File No: 09207591 23792 Rockfield Blvd #100 Title Officer: Chris Maziar Lake Forest, CA 92630 e-mail: unitl0@cltic.com Phone: (949) 724-3170 Attn: Rob Cerruti Fax: (949) 258-5740 Your Reference No: 666-012-38 Property Address: NO SITUS ADDRESS, City Of San Juan Capistrano, California PRELIMINARY REPORT Dated as of July 24, 2018 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations 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 Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) 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. Order No: 09207591-920-CMM-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only 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: City of San Juan Capistrano The land referred to herein is situated in the County of ORANGE, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Order No: 09207591-920-CMM-CM8 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: THOSE PORTIONS OF LOTS 3 AND 4, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THAT PORTION OF THE PARCEL OF LAND CONVEYED TO THE CITY OF SAN JUAN CAPISTRANO BY QUITCLAIM DEED RECORDED JANUARY 10, 1985 AS INSTRUMENT NO. 85-009374 OF OFFICIAL RECORDS, AS SHOWN AND INDICATED ON RECORD OF SURVEY NO. 83-1168, AS PER MAP RECORDED IN BOOK I05. PAGES 39 THROUGH 41 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN ASSESSOR PARCEL NO. 666-012-38. EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS, AND RE- RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES, AND ALL UNDERGROUND WATER, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY, WITH ALL RIGHTS OF SURFACE ENTRY, TOGETHER WITH A PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THEREFOR AND REMOVE THE SAME FROM THE PROPERTY, OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER, BENEATH OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, AS RESERVED IN THE DEED RECORDED JANUARY 10, 1985 AS INSTRUMENT NO. 85-009374 OF OFFICIAL RECORDS. NOTE: THIS COMPANY HAS PROVIDED SAID DESCRIPTION AS AN ACCOMMODATION FOR THE PURPOSE OF FACILITATING THIS REPORT. SAID DESCRIPTION MAY NOT BE AN INSURABLE PARCEL PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND SHOULD NOT BE RELIED UPON TO CONVEY OR ENCUMBER SAID LAND, UNTIL APPROVED BY THE APPROPRIATE GOVERNING AGENCY. Assessor's Parcel Number: 666-012-38 Order No: 09207591-920-CMM-CM8 SCHEDULE B — Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2, Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Order No: 09207591-920-CMM-CM8 SCHEDULE B — Section B At the date hereof 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, including any assessments collected with taxes to be levied for the fiscal year 2018-2019. B. There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions 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 California as a result of the transfer of title to the vestee named in 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 public records. 2. Notwithstanding the Covered Risks as set forth in the policy, the Company does not insure against loss or damage by reason of a lack of a right of access to and from the Land. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: ingress, egress, pipeline and pole line Recording Date: February 6, 1964 Recording No: in Book 6914, Page 564 of Official Records Affects: portions of said land 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Orange County Waterworks District No. 4 Purpose: water pipeline Recording Date: August 30, 1974 Recording No: in Book 11232, Page 1968 of Official Records Affects: a portion of said land Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey Map No. 83-1168 Recording No: in Book 105, Pages 39 through 41 Records of Survey 6. Matters contained in that certain document Entitled: Certificate of Compliance Recording Date: January 9, 1985 Recording No: as Instrument No. 85-007171 of Official Records Reference is hereby made to said document for full particulars. Order No: 09207591-920-CMM-CM8 Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 10, 1985 Recording No: as Instrument No. 85-009374 of Official Records Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company, a Corporation Purpose: public utilities Recording Date: May 10, 2006 Recording No: as Instrument No. 20060003 145 95 of Official Records Affects: a portion of said land Matters contained in that certain document Entitled: Amendment to Easement Dated: February 20, 2007 Executed by: City of San Juan Capistrano, a California municipal corporation and San Diego Gas and Electric Company, a Corporation Recording Date: March 15, 2007 Recording No: as Instrument No. 2007000164756 of Official Records Reference is hereby made to said document for full particulars. 9. The description shown in this report is not to be relied upon as a legal insurable parcel. This company has provided said description only as an accommodation for the purpose facilitating this report. A description, approved by the appropriate governing agency pursuant to the Subdivision Map Act of the State of California, must be submitted to this company for review prior to closing. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Order No: 09207591-920-CMM-CM8 REQUIREMENTS SECTION: NONE Order No: 09207591-920-CMM-CM8 INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning 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 Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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 copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. Typist: tga Date Typed: August 6, 2018 Order No: 09207591-920-CMM-CM8 ATTACHMENT ONE 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 (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 apart; 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 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. 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 of the 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 of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; C. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and Attachment One (6-5-14) CA & NV Order No: 09207591-920-CMM-CM8 b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 16: $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 18: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 19: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 21: $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I I (b). The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part Il,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of` (PART I (The above policy form 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 Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (6-5-14) CA & NV Order No: 09207591-920-CMM-CM8 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. ht addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Attachment One (6-5-14) CA & NV Order No: 09207591-920-CMM-CM8 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I I(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV Order No: 09207591-920-CMM-CM8 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC — Lawyers Title Company CLTIC — Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Page 13 Mod. 10/21/2011 ' IRE SAFE, Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: httn:l/iuwxs Ihi. ga v Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center. h1tn:d;s-Fviti. ic,3. L u v TMand © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (DSI Rev. 12/07/17) FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Intemet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Intemet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Nat Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 1 Order No. 09207591-920-CMM-CM8 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89 10 1; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Ore$on Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good -faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 2 Order No. 09207591-920-CMM-CM8 Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev: 4/23/18) Page 3 Order No. 09207591-920-CMM-CM8 --- �-- -- -- - � 3 k22 B %kk Go m LO -Sig s�• � � • . � � f � » CIO n a \ - » ciC. � � ■ m§ �_� Gsm, co| ab am 0 in n \--�� in �. m ' § - y �u;�%§ | | / /§�_m �� e A ■ in ` ƒ � _ / � �■ � - - � §`� ■ � ® !�■nq _ ■ _k___ - mid -Igal®__.__ [And ._-.a�p _-_mm_-m©and _ laPAS, and . not . survey __Ism[ . the extent icy a fm. _e express !_ red wiWg __t,amec _ does not _. dImnslom,a_ces, location _easements, ___ _.__,_ w_ ASA, Scale 1 Inch = 450 Feet 0 450 900 LEGEND Fee, Property In Question Item No. 3 - Easement for ingress, egress, pipeline and pole lines 02108/1904, Book 891+. rago 554, of Official Records AR -1. a. da.crlbad 1h. -IN ❑Rom No. 4. Easement for water pipelines 0813011974, Book 11232, Page 1988, of Official Records Affect& said land Said Easement is not specifically delineated and is un -locatable ®Item No. 8 - Easement for public utilities 05"012011 , Instrument No. 2008000314595, of Olficlal Records 0311512007, Instrument No. 2007000154758, of Official Records Alfsct. as d.—lbad [heroin 02018 Title Order No- 09207591, Preliminary Report Dated as of July 24, 2018 Drawing Date: September 20, 2018 - FT Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Reference :505-012-38 Assossce'a Pwcol No. 006012-38 Newport Beach, CA 92050 Phone: (949) 724-3140 Property. NO SITUS ADDRESS, City Of San Juan Capistrano, State of California Data: r.a me>�arl. aw„e romr.n.e...n Nan.leueno erm n.wn Plat Showing those portion of Lot 3 and 4, in the City of San Juan Capistrano, County of Orange, State of California, as per Map Recorded in Book S1ii °t de.odaea l..ne In ml.aen ro.elanlns N...a. mmr,rewnned« 4. Page 15 of Retard of Surveys, in the Office of the County Recorder of said County of end oMeI.p ens le not aeuaeY Oren. aneemWfl.Fiby ro a,e exrmla pakya/sae-neon.ae HOdy.. muafleeay 1 aneur,.m.nt IrenY, the C.n,rynY sue. not Ineun a/manNon., amne«-reuiwn w.eumrna-.r+«wwame. m.m� Nw..n # m«.en r, ! brr t Lnu N G 13, t�� o l A NLai OYIP OV Q I W Jr P W b 1 � N r• � C4 �� 1 4 a1 erCh d % v cr �I C71 � P 1• 1• 4 *.do,. LEGEND Fee, Property In Question Item No. 3 - Easement for ingress, egress, pipeline and pole lines 02108/1904, Book 891+. rago 554, of Official Records AR -1. a. da.crlbad 1h. -IN ❑Rom No. 4. Easement for water pipelines 0813011974, Book 11232, Page 1988, of Official Records Affect& said land Said Easement is not specifically delineated and is un -locatable ®Item No. 8 - Easement for public utilities 05"012011 , Instrument No. 2008000314595, of Olficlal Records 0311512007, Instrument No. 2007000154758, of Official Records Alfsct. as d.—lbad [heroin 02018 Title Order No- 09207591, Preliminary Report Dated as of July 24, 2018 Drawing Date: September 20, 2018 - FT Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Reference :505-012-38 Assossce'a Pwcol No. 006012-38 Newport Beach, CA 92050 Phone: (949) 724-3140 Property. NO SITUS ADDRESS, City Of San Juan Capistrano, State of California Data: r.a me>�arl. aw„e romr.n.e...n Nan.leueno erm n.wn Plat Showing those portion of Lot 3 and 4, in the City of San Juan Capistrano, County of Orange, State of California, as per Map Recorded in Book S1ii °t de.odaea l..ne In ml.aen ro.elanlns N...a. mmr,rewnned« 4. Page 15 of Retard of Surveys, in the Office of the County Recorder of said County of end oMeI.p ens le not aeuaeY Oren. aneemWfl.Fiby ro a,e exrmla pakya/sae-neon.ae HOdy.. muafleeay 1 aneur,.m.nt IrenY, the C.n,rynY sue. not Ineun a/manNon., amne«-reuiwn w.eumrna-.r+«wwame. m.m� Nw..n # m«.en Commonwealth' LAND TITLE COMPANY Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 Advanced Real Estate Services, Inc Our File No: 09207590 23792 Rockfield Blvd #100 Title Officer: Chris Maziar Lake Forest, CA 92630 e-mail: unitl0@cltic.com Phone: (949) 724-3170 Attn: Rob Cerruti Fax: (949) 258-5740 Your Reference No: 666-012-45 Property Address: NO SITUS ADDRESS, City Of San Juan Capistrano, California PRELIMINARY REPORT Dated as of July 24, 2018 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations 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 Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) 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. Order No: 09207590-920-CMM-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only 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: City of San Juan Capistrano The land referred to herein is situated in the County of ORANGE, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Order No: 09207590-920-CMM-CM8 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: THOSE PORTIONS OF LOTS 3 AND 4, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 8 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: THAT PORTION OF THE PARCEL OF LAND CONVEYED TO THE CITY OF SAN JUAN CAPISTRANO BY QUITCLAIM DEED RECORDED JANUARY 10, 1985 AS INSTRUMENT NO. 85-009374 OF OFFICIAL RECORDS, AS SHOWN AND INDICATED ON RECORD OF SURVEY NO. 83-1168, AS PER MAP RECORDED IN BOOK 105, PAGES_ 39 THROUGH 41 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN ASSESSOR PARCEL NO. 666-012-45. EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS, AND RE- RECORDED JULY 20, 1956 IN HOOK 3584- PAGE 339 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES, AND ALL UNDERGROUND WATER, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY, WITH ALL RIGHTS OF SURFACE ENTRY, TOGETHER WITH A PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THEREFOR AND REMOVE THE SAME FROM THE PROPERTY, OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER, BENEATH OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, AS RESERVED IN THE DEED RECORDED JANUARY 10, 1985 AS INSTRUMENT NO. 85-009374 OF OFFICIAL RECORDS. NOTE: THIS COMPANY HAS PROVIDED SAID DESCRIPTION AS AN ACCOMMODATION FOR THE PURPOSE OF FACILITATING THIS REPORT. SAID DESCRIPTION MAY NOT BE AN INSURABLE PARCEL PURSUANT TO THE SUBDMSION MAP ACT OF THE STATE OF CALIFORNIA AND SHOULD NOT BE RELIED UPON TO CONVEY OR ENCUMBER SAID LAND, UNTIL APPROVED BY THE APPROPRIATE GOVERNING AGENCY. Assessor's Parcel Number: 666-012-45 Order No: 09207590-920-CMM-CM8 SCHEDULE B — Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Order No: 09207590-920-CMM-CM8 SCHEDULE B — Section B At the date hereof 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, including any assessments collected with taxes to be levied for the fiscal year 2018-2019. B. There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions 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 California as a result of the transfer of title to the vestee named in 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 public records. 2. Notwithstanding the Covered Risks as set forth in the policy, the Company does not insure against loss or damage by reason of a lack of a right of access to and from the Land. 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 13, 1920 Recording No: in Book 358, Page 364 of Deeds 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Consolidated Gas & Electric Company Purpose: placing, construction, repairing and maintaining and using poles and crossarms for the transmission of electric current Recording Date: April 12, 1926 Recording No: in Book 671. Paye 16 of Deeds Affects: a portion of said land 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company Purpose: either or both pole lines and conduits Recording Date: November 5, 1930 Recording No: in Book 431. Pan 270 of Official Records Affects: a 20 foot strip across portions of said land 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Orange for and in behalf of Orange County Water Works District No. 4 Purpose: ingress, egress, pipe line and pole lines Recording Date: February 6, 1964 Recording No: in Book 6914, Pape 564 of Official Records Affects: portions of said land Order No: 09207590-920-CMM-CM8 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Orange County Waterworks District No. 4 Purpose: water pipelines Recording Date: August 30, 1974 Recording No: in Book 11232, Page 1968 of Official Records Affects: a portion of said land Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey No. 83-1168 Recording No: in Book 105, Pa cs 39 through 41 of Records of Survey 9. Matters contained in that certain document Entitled: Certificate of Compliance Recording Date: January 9, 1985 Recording No: as Instrument No. 85-007171 of Official Records Reference is hereby made to said document for full particulars. 10. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 10, 1985 Recording No: as Instrument No. 85-009374 of Official Records 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Capistrano Valley Water District, a public corporation Purpose: right of way shall be for water transmission Recording Date: September 26, 1997 Recording No: as Instrument No. 19970476599 of Official Records Affects: said land 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company, a Corporation Purpose: public utilities Recording Date: May 10, 2006 Recording No: as Instrument No. 2006000314595 of Official Records Affects: portion of said land Matters contained in that certain document Entitled: Amendment to Easement Dated: February 20, 2007 Executed by: City of San Juan Capistrano, a California municipal corporation and San Diego Gas and Electric Company, a Corporation Recording Date: March 15, 2007 Recording No: as Instrument No. 2007000164756 of Official Records Reference is hereby made to said document for full particulars. Order No: 09207590-920-CMM-CM8 13. The description shown in this report is not to be relied upon as a legal insurable parcel. This company has provided said description only as an accommodation for the purpose facilitating this report. A description, approved by the appropriate governing agency pursuant to the Subdivision Map Act of the State of California, must be submitted to this company for review prior to closing. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Order No: 09207590-920-CMM-CM8 REQUIREMENTS SECTION: NONE Order No: 09207590-920-CMM-CM8 INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning 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 Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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 copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. Typist: tga Date Typed: August 7, 2018 Order No: 09207590-920-CMM-CM8 ATTACHMENT ONE 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 (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 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 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. 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 of the 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 of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; C. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; C. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and Attachment One (6-5-14) CA & NV Order No: 09207590-920-CMM-CM8 b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 16: $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 18: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 19: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 21: $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I I (b). The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. hi addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (6-5-14) CA & NV Order No: 09207590-920-CMM-CM8 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form 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 Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Attachment One (6-5-14) CA & NV Order No: 09207590-920-CMM-CM8 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I I (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV Order No: 09207590-920-CMM-CM8 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC — Lawyers Title Company CLTIC — Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Page 14 Mod. 10/21/2011 ■a RE SAFE Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. ■ NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ■ ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: h11'P;I/WW_W.& 2 Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: httn://www.k3.gpv TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (DSI Rev. 12/07/17) FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" maybe sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 1 Order No. 09207590-920-CMM-CM8 to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For NevaAa R i n :You maybe placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Omkon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good -faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 2 Order No. 09207590-920-CMM-CM8 Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 3 Order No. 09207590-920-CMM-CM8 � 3 . ` f k§) ■)k [© - ( \kk B(§ * � � • � 4T- � - » ƒ \ \ \ - M - | » a § • _ � �� ■� � at ® • ' n �� \ \ m in fn .■ QC an o N�\§% _ | �§Iz § ■ ■a ` m®~-- � .$�,. ; � # -- k ,| - m Was -©-- or) _ irk _athe harm ,_. Lead ._ talk , tidjoininh _m_»be_m_w _an,. -damn_«,._ _:tea_ _m«« ,__,.m_r__by irony, she __ dam _i .a �a_ _«__m __eother matters &_them r Doc: ORA ■w Scale 1 inch = 555 Feet 0 555 1110 4,a LEGEND Fee, Property in Question ElItem No. 4 - Easement for placing, construction, repairing and maintaining and using poles and crosearms for the transmission of electric current 0411211926, Book 971, Page 79, of Deeds Affects said land Said Eesenwnl Is not spocMc.rly dell neated end le un-locslehly Item No. 5 - Easement Tor either or both pole lines and conduits i1110511930, Book 431, Page 270, of Official Records Affects as described therein ®Item No. 6 - Easement for Ingress, egress, pipe line and pole lines 0210611964, Book 0914, Page 564, of Official Records Affects as described therein a ®Item No. 11 - Easement for water transmission 0012611997, Instrument No. 19970476599, of Official Records Affnctn ar. r: fTJI Item No. 12 - Easement for public utilities 0511012006, Instrument No. 2006000314595, of OfOcial Records 0311512007, Instrument No. 20070001&1758, of Offlclal Records Affects as described therein EjItem No. 7 - Easement for water pipelines 0:13011974, Book 11232, Page 1968, of Official Records Affects as described therein 02018 Title Order No. 09207590, Preliminary Report Dated as of July 24, 2018 Drawing Date: August 08. 201: - FT Commonwealth Land Title Company 4100 Newport Place Dr, Suite 120 Reference: 996-012-45 Assessors Parcel No.: 666-01245 Newport Beach, CA 92600 Phone: (949) 724-3140 Property: NO SITUS ADDRESS, City O6 San Juan Capistrano, State of California Data ; Thl. m•ppbl 1a b.lne mmlah.d...n.ldln loatlng the h—, Plat Showing those portions of Lots 3 and 4, in the City of San Juan Capistrano, County of Orange, Slate of California, as per Map Recorded in Sheel Wecdb•d Land /n nletlon b dlolnln9—ft. —ml boundedee Book 4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, together with that portion of the Southeast Quarter of 1 of .ndof•rmnd,.ndl.nur..arveyorfs k,dd•pl•md. Eec•p1m Section 7, Township 6 South, Range 7 Wesl, San Bernardino Base and Meridian 1 f•a,1•nt. pol.y of tltl. mwvnw 1. ex ,dy ned/Med by endwa•m«4 lf.ny, f, Go ,y doe, not l«un dlm.n.mn., M,bnc«,1.utlon aI «..m«m, ._W or ofx m.a.re .nown Archive # fereon. Commonwealth" LAND TITLE COMPANY Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 Advanced Real Estate Services, Inc Our File No: 09207589 23792 Rockfield Blvd #100 Title Officer: Chris Maziar Lake Forest, CA 92630 e-mail: unitl0@cltic,com Phone: (949) 724-3170 Attn: Rob Cerruti Fax: (949) 258-5740 Your Reference No: 675-011-26 Property Address: NO SITUS ADDRESS, City Of San Juan Capistrano, California PRELIMINARY REPORT Dated as of July 20, 2018 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations 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 Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy'forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) 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. Order No: 09207589-920-CMM-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only 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: City of San Juan Capistrano The land referred to herein is situated in the County of ORANGE, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Order No: 09207589-920-CMM-CM8 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: THAT PORTION OF LOT 7, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THAT PORTION OF THE PARCEL OF LAND CONVEYED TO THE CITY OF SAN JUAN CAPISTRANO BY QUITCLAIM DEED RECORDED JANUARY 10, 1985 AS INSTRUMENT NO. 85-009374 OF OFFICIAL RECORDS, AS SHOWN AND INDICATED ON RECORD OF SURVEY NO. 83-1168, AS PER MAP RECORDED IN BOOK 105, PAGES 39 THROUGH 41 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN ASSESSOR PARCEL NO. 675-011-26. EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538 PAGE 550 OF OFFICIAL RECORDS, AND RE- RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 33 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES, AND ALL UNDERGROUND WATER, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY, WITH ALL RIGHTS OF SURFACE ENTRY, TOGETHER WITH A PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THEREFOR AND REMOVE THE SAME FROM THE PROPERTY, OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER, BENEATH OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, AS RESERVED IN THE DEED RECORDED JANUARY 10, 1985 AS INSTRUMENT NO. 85-004374 OF OFFICIAL RECORDS. NOTE: THIS COMPANY HAS PROVIDED SAID DESCRIPTION AS AN ACCOMMODATION FOR THE PURPOSE OF FACILITATING THIS REPORT. SAID DESCRIPTION MAY NOT BE AN INSURABLE PARCEL PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND SHOULD NOT BE RELIED UPON TO CONVEY OR ENCUMBER SAID LAND, UNTIL APPROVED BY THE APPROPRIATE GOVERNING AGENCY. Assessor's Parcel Number: 675-011-26 Order No: 09207589-920-CMM-CM8 SCHEDULE B — Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Order No: 09207589-920-CMM-CM8 SCHEDULE B — Section B At the date hereof 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, including any assessments collected with taxes to be levied for the fiscal year 2018-2019. B. There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions 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 California as a result of the transfer of title to the vestee named in 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 public records. 2. Notwithstanding the Covered Risks as set forth in the policy, the Company does not insure against loss or damage by reason of a lack of a right of access to and from the Land. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Orange for and in behalf of Orange County Water Works District No. 4 Purpose: ingress, egress, pipeline and pole lines Recording Date: February 6, 1964 Recording No: in Book 6914 Pae 504 of Official Records Affects: portion of said land 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Orange County Waterworks District No. 4 Purpose: water pipelines Recording Date: August 30, 1974 Recording No: in Book 11232, Pace 1968 of Official Records Affects: a portion of said land Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey No. 83-1168 Recording No: in Book 145, Pages 39 through 41 Records of Survey 6. Matters contained in that certain document Entitled: Certificate of Compliance Recording Date: January 9, 1985 Recording No: as Instrument No. 85-007171 of Official Records Reference is hereby made to said document for full particulars. Order No: 09207589-920-CMM-CM8 Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 10, 1985 Recording No: as Instrument No. 85-009374 of Official Records 8. The description shown in this report is not to be relied upon as a legal insurable parcel. This company has provided said description only as an accommodation for the purpose facilitating this report. A description, approved by the appropriate governing agency pursuant to the Subdivision Map Act of the State of California, must be submitted to this company for review prior to closing. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Order No: 09207589-920-CMM-CM8 REQUIREMENTS SECTION: NONE Order No: 09207589-920-CMM-CM8 INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning 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 Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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 copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. Typist: tga Date Typed: August 3, 2018 Order No: 09207589-920-CMM-CM8 ATTACHMENT ONE 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 governments] regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 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 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. 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 of the 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 of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; C. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and Attachment One (6-5-14) CA & NV Order No: 09207589 -920 -CMM -CMS b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, Fre, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 16: $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 18: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 19: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 21: $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I I (b). The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part Il,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form 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 Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (6-5-14) CA & NV Order No: 09207589-920-CMM-CM8 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form 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 Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Attachment One (6-5-14) CA & NV Order No: 09207589-920-CMM-CM8 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I I(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV Order No: 09207589-920-CMM-CM8 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC — Lawyers Title Company CLTIC — Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Page 13 Mod. 10/21/2011 #3AAV I RE SAFE,,, Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: httn:/lwww lbLeov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: ht1r1:11W l of x ie3.uov TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (DSI Rev. 12/07/17) FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information,. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsinp_ Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookics. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 1 Order No. 09207589-920-CMM-CM8 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Ore on Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good -faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 2 Order No. 09207589-920-CMM-CM8 Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 3 Order No. 09207589-920-CMM-CM8 %.t. ®. o5 j h � ti fDJ 1p �i MS mopiptat rt bcmg fumrihed as na sio in !ur_•: i M me herein described Land in rotation to adjoining streets, natural nnrmd.iri e$ nrd 0Lim r inns and i; r.a; o,u n•cy o.1:gym I gad depicted. Except to the extent a policy oftille insurance is expressly modified by endorsement, ifairy, the Company docs: rnur iri a w dir::rss ens. ri -%r,t r;, I"I iun of r,errrl!AB, acreage or other matters shown thereon. rr0je I -6l i KiyyJLSTIC a77"jZ797M 7:17 Doc: OR:A 676591 3 1 I p ^6 k lkie m1 / ! i by mm e -r if) v } 6 C.i V w 6 xx bb HN %.t. ®. o5 j h � ti fDJ 1p �i MS mopiptat rt bcmg fumrihed as na sio in !ur_•: i M me herein described Land in rotation to adjoining streets, natural nnrmd.iri e$ nrd 0Lim r inns and i; r.a; o,u n•cy o.1:gym I gad depicted. Except to the extent a policy oftille insurance is expressly modified by endorsement, ifairy, the Company docs: rnur iri a w dir::rss ens. ri -%r,t r;, I"I iun of r,errrl!AB, acreage or other matters shown thereon. rr0je I -6l i KiyyJLSTIC a77"jZ797M 7:17 Doc: OR:A 676591 3 Scale 1 inch = 500 Feet 0 500 1000 l2 7 13 18 leg, RANCHO 90C�¢ 4 OE LA^ P YR o$ X011 ti 0 esa�f 3 3 �ih IBr�"Aa 0ogl "04 % \� \� '1 Olt\20 C&LE Oh Cj& LEGEND ❑ Fee, Property in Question No. 3 - Easement for ingress, egress, pipeline and pole lines ®Item 0210611964, Book 6914, Page 564, of Official Records Affects as described therein Item No. 4- Easement for water pipelines 0813011974, Book 11232, Page 1968, of Official Records Affects said land Said Easement is not specifically delineated and is un-locatable 02018 Title Order No- 09207509, Preliminary Report Dated as of July 20, 2018 Drawing Dale: September 19, 2016 - FT Commonwealth Land Title Company Reference: 675-011-26 Assnssds Parocl No- ; 675-011-26 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Property: NO SITUS ADDRESS, City Of San Juan Capistrano, State of California Data Phone: (949) 724-3140 Thr, mIp/pwrll h.irg ruml,n.tl a, an amm lora,., the hent. Plat Showing that portion of Lot 7, in the City of San Juan Capistrano, County of Orange, Slate of California, as per Map Recorded in Book 4, Page Shcet tlescni dLlnd in Wimt m adommg,heel,, —1hnuntlans 15 of Record of Surveys, in the Office of the County Recorder of said County, 1 of Intl other bntl, end is nota survey— le ml tlepirletl. Evicepl to 1 the exlml a poiicyorlille e.pr.sslymotligetl by errtl«se mt ir.ny,llreCompanytlo.srmlinsuretlinwn1— •Archive/ tlisla s,l«,lion o/easements, acreage or othermalfars shown thereon EXHIBIT C MITIGATION MAP IM 61147.80000\31772208.2 Rev. February 7, 2019 LU -� cn U W O cc CL • cn ao> . a z ,a • J � OZ r Q 7 N Z _ Q ' a (n ' 0