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1999-0818_VOLKSWAGEN OF AMERICA_License Agreement• 0 MEMORANDUM TO: Accounts Payable, Admin Services FROM: Dan McFarland, Development Services Manager December 9, 2004 SUBJECT: Grading Bond Release, Capistrano Volkswagen, 32852 Valle Road. This memorandum is to authorize the release of the grading bond posted for the grading on 32852 Valle Road, Capistrano Volkswagen. The grading and on-site improvements that were secured by the bond have been completed to the satisfaction of the City. A Company Check No. 11546 drawn on Account Number 0450027278 in the amount of $11,200.00 was posted as the security. A copy of the SuretyAgreement and check request is attached for your information. Thanks for your assistance. Attachment cc: Meg Monahan, City Clerk file SURETY AGREEMENT COPY THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Volkswagen of America, a California Corporation referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 44298 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Parcel 1, O.R. 6511/317 and Parcel A, O.R. 95-0217264, commonly referred to as 32852 Valle Road. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits including the construction of drainage and protection devices and any othercorrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. City of San Juan Capistrano CHECK REQUEST Administrative Services Department Address Check to: Name: Friess Company Builders, Inc. Address: 31658 Rancho Viejo Rd., Suite B San Juan Capistrano, CA 92675 Check Amount Requested Invoice No. n/a Invoice Date n/a Amount 11,200 Account No.: 19-2302 CHECK TOTAL: $ $11,200.00 Grading Bond Refund for 32852/32992 Valle Rd. For completion of grading, reference Building permits Check stub to contain the following: 46223, 46521, 44298. Check Requested By: Employee: Genny deVries Department B Department Approval: McFarland Transmittal Instructions: ❑ Return Check To: ❑ Mail With Attached: ❑ Other (Specify): For Administrative Services Use Only Vendor Number: Warrant Number: Approved: Date: 12/9/04 Date: 0 0 LICENSE AGREEMENT his License Agreement (the "Agreement") is made and entered into this/ � day of 1999, by and between Volkswagen of America, Inc., a New Jersey rporation, (hereinafter referred to as "Licensor") and the City of San Juan Capistrano (hereinafter referred to as "Licensee"). WHEREAS, Licensee plans to widen Valle Road (the "Project") located within the City of San Juan Capistrano; and WHEREAS, Licensee must acquire .127 acres of land owned by Licensor which is part of a larger parcel located at 32902 Valle Road, San Juan Capistrano in order to accomplish the Project; and WHEREAS, Licensee and Licensor have not reached agreement on the economic value of the Licensor's subject .127 acres; and WHEREAS, Licensee and Licensor mutually agree that it would be beneficial to enter into a License Agreement providing for the terms and conditions of the City's installation of the road widening work pending final resolution of the economic value of the land; NOW, THEREFORE, Licensor and Licensee mutually resolve as follows: Grant of License. (A) Licensor hereby grants to Licensee a license for the purpose of allowing Licensee to construct, maintain, and utilize for traffic circulation purposes certain road widening improvements on Licensor's land, consisting of approximately 5,538 square feet, or .127 acres of land (Assessor's Parcel No. 666-301-05) at the location of 32902 Valle Road, San Juan Capistrano, California. The exact location of the Project and the nature of the improvements are set forth in the legal description (Exhibit "A") and the site plan (Exhibit "B"), and incorporated herein by reference. (B) Parcel B, as shown on the site plan, is a portion of land formerly owned by the State of California and deeded back to Licensor in or about 1960. City intends to acquire a portion of Parcel B for permanent road purposes, as noted in Section (1)(A) above. The remainder of Parcel B will be needed on a temporary basis for setup construction work purposes. 2. Term of License. The License shall begin on the effective date as noted above and shall terminate at such time that title to the .127 acres is conveyed to City by either a voluntary grant by c:wpwin60\wpdocs\suncal\license.vw -1- 08/09/99 0 0 Licensor or the completion of eminent domain proceedings by an appropriate court of law, whichever is first. 3. Licensee's Obligations. In consideration of Licensor's agreement to make the Property available to Licensee, Licensee and its agents shall: (a) Keep the Property secure from the public and maintain the Property free of debris and trash during construction; (b) Not cause undue noise to neighboring residents; (c) Cease work during weekends or holidays; and (d) Upon completion of the Project, assume full responsibility for ongoing maintenance and liability of Valle Road in its widened condition. (e) City and its Contractors shall utilize their best efforts to work with Licensor in avoiding interference to Licensor's car sales activities while the construction work is underway. 4. Indemnification. Licensee shall indemnify, defend, and hold harmless Licensor and its elected and appointed officials from and against all claims, demands, loss or liability of any kind which Licensor or its employees may sustain or incur arising out of Licensee's, or its agents, performance or work in any manner connected with the rights herein licensed or with the use of the licensed area by Licensee, its officers, agents, employees or invitees. Licensee shall arrange to require that its contractors maintain appropriate levels of liability insurance with respect to the Project described herein. 5. Insurance Requirements. (a) Comprehensive General Liability. Licensee shall insure that its Contractor shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts with regard to the Project: $500,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; c:wpwin60\wpdocs\suncal\license.m -2- 08/09/99 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. (b) Comprehensive Automobile Liability. Licensee shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts with regard to the Project: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. (c) Worker's Compensation. Licensee's contractor shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. (d) Proof of Insurance. Prior to beginning work, Licensee shall provide to Licensor certificates of insurance establishing that the required insurance coverages have been secured by Licensee. Licensee shall provide an endorsement to Licensor establishing that Licensor has been legally added as an additional insured to the insurance policies required under this Agreement. (e) Cancellation of Policies. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after thirty (30) days' written notice is given to the Licensor. 6. Assignment. Licensee shall not transfer, encumber, or assign this Agreement in whole or in part, whether voluntarily or involuntarily, nor sublet all or any part of this Agreement. 7. Notices. Any notices required to be given under this Agreement shall be sent to the following parties: Licensor: Volkswagen of America c/o Trammel Crow Co. 3800 Hamlin Rd. Suite 100 Auburn Hills, Michigan 48326-2829 Licensee: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: George Scarborough, City Manager c:wpwin60\wpdocs\.suncal\limnse.vw -3- 08/09/99 a 41P 9. Entire Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed on the day and year first hereinabove written. ATTEST: n By: Cheryl Johnson it Jerk 0 LICENSOR: Volkswagen of America By: Michael R. Carroll, Senior Vice President Trammell Crow Auto. Realty Services, Inc. LICENSEE: agent Cit -02 c:wpwin60\wpdocs\sunt l\license.m -4- 08/09/99 16. APPROVAL OF LICENSE AGREEMENT WITH VOLKSWAGEN OF AMERICA FOR ACQUISITION OF LAND FOR ROAD WIDENING PURPOSES ON VALLE ROAD 600.30 As set forth in the Report dated August 17, 1999, from the City Attorney, the License Agreement between the City and Volkswagen of America to provide for the terms and conditions of the City's installation of the road widening work on Valle Road was approved. PUBLIC HEARINGS ADOPTION OF RESOLUTION ORDERING FORMATION OF GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1, TENTATIVE TRACT 13823 (STONEFIELD SAN JUAN, LLC) (345.90) Proposal: Consideration of formation of Geologic Hazard Abatement District (GHAD) 99-01 for Stonefield San Juan, LLC, Tentative Tract 13823 and appointment of the City Council as the initial Board of Directors of the District. The public hearing had been set by Resolution on July 20, 1999. Written Communications: Report dated August 17, 1999, from the Directorof Engineering & Building, advising that Tentative Tract No. 13823 (Stonefield) had been conditioned by the City to establish a Geologic Hazard Abatement District (GHAD) for potential use in the event of a catastrophic slope failure. The District formation would provide a tool that future homeowners may use to repair major slope failures by which bonds would be sold and repaid by property assessments over an extended period of time. William 1 „ ber, Director of Engii eering & Building, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing, and there being no response, closed the hearing with the right to re -open at any time. Approval of formation of GHAD: It was moved by Council Member Jones, seconded by Council Member Campbell that the following Resolution be adopted: RESOLUTION NO. 99-8-17-1. APPROVING FORMATION OF GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FORMATION OF, AND APPOINTING THE BOARD OF DIRECTORS FOR, GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1 FOR TENTATIVE TRACT 13823 (STONEFIELD SAN JUAN, LLC) . The motion carried by the following vote: City Council Minutes -5- 8/17/99 AGENDA ITEM TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney August 17, 1999 SUBJECT: Proposed License Agreement with Volkswagen of America ('VW') RECOMMENDATION: Approve Proposed License Agreement between City and VW. SITUATION: The SunCal development will necessitate certain road -widening work on Valle Road adjacent to several parcels. One affected parcel is owned by Volkswagen of America. This parcel lies south and immediately adjacent to the existing VW store. City needs to acquire approximately 5,500 square feet of this parcel in the Valle Road widening work. SunCal, acting as the City's agent on property acquisition, has previously tendered an offer for the acquisition of this land. VW has refused this offer, and, therefore, there is now a disagreement over the economic value of the land. The purpose of this license agreement will allow City to possess the subject land and make the required widening improvements. There will be no immediate economic cost to the City in acquiring temporary possession of the land under the terms of the agreement. The license agreement will remain in full force and effect until such time as the property is deeded to City, or otherwise acquired by eminent domain processes. In the meantime, negotiations can continue between the parties as to the economic value of the land. FINANCIAL CONSIDERATIONS: Unknown at this time. NOTIFICATION: VW has been notified by letter and telephone regarding this agenda item. FOR CITY COUNCIL AGE �l� E 32400 PASEO ADEL.ANTO — 5AN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) June 14, 1999 Volkswagen of America dba Vorelco, Inc. atm: Mr. Paul Thomas Core Resources 3800 Hamlin Rd. No. 4A01 Auburn Hills, MI 48326 uunoum I�IlI41II 1961 1776 Re: Notice of Eminent Domain Administrative Hearing For Assessor's Parcel #666-301-05/July 20, 1999 City Council Meeting. Gentlemen: MEMBERS OF THE CIN CO,R'v� COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH As you know, the City of San Juan Capistrano, through SunCal Development Inc., has tendered an offer of purchase to you, as owner of that certain real property, more particularly described as approximately 5,538 square feet of land (.127 acres) of Assessor's Parcel # 666- 301-05, County of Orange, for the purpose of constructing the widening of public road right- of-way improvements on Valle Road. An appraisal report supporting the offer of purchase has also been made available to you. To date, you have not responded to this offer. Pursuant to California Code of Civil Procedure section 1245.235, the City of San Juan Capistrano hereby provides notice to you, as record title holder of the above -referenced property, that the City Council of this City will conduct a hearing on July 20, 1999, at 7:00 p.m., at the City Hall Council Chambers, 32400 Paseo Adelanto, San Juan Capistrano, Ca.lifornia, regarding the City Council's proposed intention to adopt a Resolution of Necessity to condemn said property. You have the right to appear and be heard with respect to the below -stated three issues: a. Whether the public interest and necessity require the proposed road widening project; b. Whether the proposed road widening project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; pRUU USE IS San Juan Capistrano: Preserring tl ., Past to Enhance the Future '% 0 0 Volkswagen of America June 14, 1999 — Page 2 C. Whether the property which is the subject of this letter is necessary for the proposed road widening project. Note that the hearing to be held on July 20th is not to involve or concern fair market value of the property. That matter will be taken up in a court of law. The hearing is restricted as a matter of law to the above -stated three items. Pursuant to Code of Civil Procedure section 1245.235, failure to file a written request to appear and be heard within 15 days after the date the notice has been mailed will result in a waiver of the right to appear and be heard. The Resolution of Necessity will authorize the City of San Juan Capistrano, its attorneys and agents, to acquire under the power of eminent domain the subject real property, improvements pertaining to realty, and leasehold interests, if any. For further information, you may contact Mr. Sam Shoucair, Senior Engineer at (949)-443-6355. Very truly yours, JO R. SHAW City Attorney c: Sam Shoucair, Senior Engineer • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FAX) June 14, 1999 Volkswagen of America dba Vorelco, Inc. atm: Mr. Paul Thomas Core Resources 3800 Hamlin Rd. No. 4A01 Auburn Hills, MI 48326 • o� �"am% 14[410OII1 s�nls+m 1961 1776 Re: Notice of Eminent Domain Administrative Hearing For Assessor's Parcel 4666-301-05/July 20, 1999 City Council Meeting. Gentlemen: t5 MEMBERS OF 7HE CITY COUNCL COLLEM1ECAWBELL JOHN GR_cINEF WYATT HART GIL JONES HAVE M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH As you know, the City of San Juan Capistrano, through SunCal Development Inc., has tendered an offer of purchase to you, as owner of that certain real property, more particularly described as approximately 5,538 square feet of land (.127 acres) of Assessor's Parcel # 666- 301-05, County of Orange, for the purpose of constructing the widening of public road right- of-way improvements on Valle Road. An appraisal report supporting the offer of purchase has also been made available to you. To date, you have not responded to this offer. Pursuant to California Code of Civil Procedure section 1245.235, the City of San Juan Capistrano hereby provides notice to you, as record title holder of the above -referenced property, that the City Council of this City will conduct a hearing on July 20, 1999, at 7:00 p.m., at the City Hall Council Chambers, 32400 Paseo Adelanto, San Juan Capistrano, Ca.lifornia, regarding the City Council's proposed intention to adopt a Resolution of Necessity to condemn said property. You have the right to appear and be heard with respect to the below -stated three issues: a. Whether the public interest and necessity require the proposed road widening project; b. Whether the proposed road widening project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; San Juan Capistrano: Preserving tl:, Past to Enhance the Future Volkswagen of America June 14, 1999 Page 2 C. Whether the property which is the subject of this letter is necessary for the proposed road widening project. Note that the hearing to be held on July 20th is not to involve or concern fair market value of the property. That matter will be taken up in a court of law. The hearing is restricted as a matter of law to the above -stated three items. Pursuant to Code of Civil Procedure section 1245.235, failure to file a written request to appear and be heard within 15 days after the date the notice has been mailed will result in a waiver of the right to appear and be heard. The Resolution of Necessity will authorize the City of San Juan Capistrano, its attorneys and agents, to acquire under the power of eminent domain the subject real property, improvements pertaining to realty, and leasehold interests, if any. For further information, you may contact Mr. Sam Shoucair, Senior Engineer at (949)-443-6355. Very truly yours, J05-4W_ R. SHAW City Attorney c: Sam Shoucair, Senior Engineer 0 0 §1245.235. Notice—Hearing. (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030. (b) The notice required by subdivision (a) shall be sent by first-class mail to each person described in subdivision (a) and shall state all of the following: (1) The intent of the governing body to adopt the resolution. (2) The right of such person to appear and be heard on the matters referred to in Section 1240.030. (3) Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard. (c) The governing body, or a committee of not less than 11 members thereof designated by the governing body if the governing body has more than 40 members, shall hold a hearing at which all persons described in subdivision (a) who filed a written request within the time specified in the notice may appear and be heard on the matters referred to in Section 1240.030. Such a committee shall be reasonably representative of the various geographical areas within the public entity's jurisdiction. The governing body need not give an opportunity to appear and be heard to any person who fails to so file a written request within the time specified in the notice. If a committee is designated by the governing body pursuant to this subdivision to hold the hearing, the committee, subsequent to the hearing, shall provide the governing body and any person described in subdivision (a) who has appeared before the committee with a written summary of the hearing and a written recommendation as to whether to adopt the resolution of necessity. Any person described in subdivision (a) who has appeared before the committee shall also be given an opportunity to appear and be heard before the governing body on the matters referred to in Section 1240.030. (d) Notwithstanding subdivision (b), the governing body may satisfy the requirements of this section through any other procedure that has given each person described in subdivision (a) reasonable written personal notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030. Leg.H. 1975 ch. 1275, operative July 1, 1976, 1986 ch. 358. §1245.350. Notice—Hearing. (a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a reasonable opportunity to appear and be heard. (b) Notice of the hearing shall be sent by first-class mail to each person whose property is to be acquired by eminent domain if the name and address of the person appears on the last equalized county assessment roll (including the roll of state -assessed property). The notice shall state the time, place, and subject of the hearing and shall be mailed at least 15 days prior to the date of the hearing. Leg.H. 1975 ch. 1275, operative July 1, 1976. Ref.: Cal. Fms PI. & Pr., "Eminent Domain" • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FAX) May 27, 1999 �� IA�AAA11(1 E O A nnlu 1961 1776 Volkswagen of America, Inc. dba Vorelco, Inc. cto Mr. Paul Thomas Core Resources 3800 Hamlin Road, No. 4A01 Auburn Hills, MI 48326 Re: City of San Juan Capistrano Eminent Domain Take 32902 Valle Road, San Juan Capistrano, CA (Volkswagen Dealership Properties) Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYAT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH The City of San Juan Capistrano has plans to widen Valle Road adjacent to certain real property, more particularly identified as Parcel 5 as shown in the Appraisal report enclosed, p. 4, owned by VW of America. This Parcel 5 consists of approximately 52,272 square feet, or 1.2 acres. The City of San Juan Capistrano must acquire 5,538 square feet, or. 127 acres of this larger project to accomplish this Valle Road widening project. Further, SunCal development has been required as a part of their project development approvals to begin the process of negotiation with other property owners to acquire needed rights-of-way to accommodate the entire road widening project on Valle Road. SunCal has previously communicated an offer of acquisition for this .127 acres to you in the amount of $55,380. This amount is supported by the enclosed appraisal report. The City adopts this appraisal as the appropriate measure of fair compensation to be paid to VW of America. To date, this office is advised that you have not accepted the offer. Please review the enclosed appraisal report. We would appreciate a response from you in the near future. Given the timing of the project, we will need to bring this matter to closure in the near future by calling for a hearing before the City Council to consider whether the City Council should adopt a resolution of necessity to initiate the filing of an eminent domain proceeding in the Superior Court. The purpose of the eminent domain proceeding would be to (a) acquire legal possession of the property, and (b) establish fair market value of the property. DRUG USE IS San Juan Capistrano: Preserving th_ Past to Enhance the Future Vacant Interim Zoned Parcel On The East Side of Valle Road Approximately 2,100 Feet South of San Juan Creek Road, San Juan Capistrano Parcel Number 4521 BRAKE & ASSOCIATES, INC. Real Estate Appraising & Consulting THOMAS W. DRAKE, MAI December 29, 1998 Ronald A. Freeman, Vice President Sun Cal Companies 5109 E. La Palma, Suite D Anaheim, California 92807 Reference: Volkswagen of America, Inc. East side Valle Road; San Juan Capistrano Parcel Number 4521 Dear Mr. Freeman: Pursuant to your request, I have personally examined and appraised the above referenced real property for the purpose of reporting my opinion of "as is" market value, as of the sixth day of November, 1998. Based upon the examinations and studies made, and my experience as a real estate appraiser, the opinion has been formed that the market value of the subject property, adhering to the Assumptions and Limiting Conditions and Certification contained herein, was the sum of: Larger Parcel (underlying land only) $522,720 Part Acquired $ 55,380 Severance Damage $ 0 Total Just Compensation $ 55,380 Here follows a narrative appraisal report wherein are set forth some of the matters and data upon which the opinions expressed are predicated. Respectfully submitted, c"&;-,e4d W -/�,t-,� Thomas W. Drake, MAI TWD:jds 5100 BIRCH STREET, SUITE 100, NEWPORT BEACH, CA 92660 (949) 222-0711 FAX (949) 222-0305 0 TABLE OF CONTENTS Letter of Transmittal Summary of Salient Facts and Conclusions Assumptions and Limiting Conditions.......... Page No. Purpose/Function of Appraisal............................................................... 1 MarketValue Defined............................................................................. 1 Dateof Value.......................................................................................... 1 LegalDescription.................................................................................... 2 Property Rights Appraised..................................................................... 2 Owner of Record.................................................................................... 2 Scopeof Appraisal................................................................................. 2 Area Description..................................................................................... 3 Immediate Surroundings........................................................................ 4 LargerParcel.......................................................................................... 5 Highestand Best Use............................................................................. 7 Approaches to Value.............................................................................. 10 Proposed Acquisition.............................................................................. 21 Severance Damages.............................................................................. 22 Certification............................................................................................ 23 Addenda Subject and Area Photos Legal Description of Larger Parcel and Part Taken Preliminary Title Report Zoning Regulations Qualifications 0 L.i SUMMARY OF SALIENT FACTS AND CONCLUSIONS Date of Value: Condition: Larger Parcel: Proposed Acquisition: Portion Acquired: Interest Acquired Proposed Improvements: Value Conclusions: November 6, 1998 Unimproved interim zoned parcel. 1.20 acres; the zoning is GM (Growth Management). Highest and best use is to hold for future development. See facing page. 5,538 square feet (0.127 acres) Interests acquired include those required for street widening purposes. Concrete curb/gutters, sidewalk and street lights Larger Parcel $522,720 Part Acquired $55,380 Severance Damage $0 Total just Compensation $55,380 i 0 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report has been based upon the following assumptions and limiting conditions: 3. Cl 5. 91 7 =3 91 That the legal description furnished is assumed to be correct; That the information containing in this report is from sources believed to be accurate. However, no warranty is given for completeness or accuracy; That the parcel dimensions and sketches in this report are included to assist the reader in visualizing the property. No land survey was ordered or made by the appraiser and no responsibility is assumed for such matters; That the appraiser reserves the right to make such adjustments to the valuation herein report, as may be required by consideration of additional data, or more reliable data that may become available; That the appraiser assumes no responsibility for matters legal in character. It is presupposed that the title to the property is marketable, free and clear of all liens and encumbrances, and under responsible ownership; That no opinion is intended to be expressed for matters which require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraiser; That the appraiser assumes no responsibility for economic or physical factors, which may effect the opinions herein stated, occurring at some date after the date of valuation; That subsoil conditions are adequate to support the existing improvements. No soils report was available, nor were any tests conducted; That no opinion is expressed as to the value of subsurface oil, gas or mineral rights; or whether the property is subject to surface entry for the exploration or removal of such materials, except as expressly stated; 10. That no opinion is expressed as to the presence of any hazardous waste or toxic chemicals; or any expense for removal of such substances, except as is expressly stated; 11. That since earthquakes are not uncommon in the area, no responsibility is assumed due to their possible effect on individual properties, unless detailed geologic reports are made available; 0 0 12. Unless specifically stated, this appraisal does not take into consideration the possibility of the existence of asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), or the cost of encapsulation or removal thereof. Should clients have concern over the existence of such substances on the property, appraiser considers it imperative for client to retain the services of a qualified, independent engineer or contractor to determine the existence and extent of any hazardous materials, as well as the costs associated with any desired treatment or removal thereof; 13. That the date of value for the conclusions and opinions expressed is set forth in this report. That the value opinion rendered is based on the purchasing power of the American dollar existing, as of said date of value; 14. That the property is in full compliance with all applicable federal, state and local environmental regulations and laws, unless otherwise stated; 15. That the property is in conformance with all applicable zoning and use ordinances/restrictions, unless otherwise stated; 16. That all required licenses, certificates of occupancy, consents; or other legislative or administrative authority from any local, state or national government, or private entity or organization have been or can be obtained or renewed for any uses on which the value estimate contained in this report is based, unless otherwise stated; 17. That the appraiser, by reason of this appraisal, is required to give testimony or attendance in court, with reference to the property appraised. 18. That disclosure of the contents of this appraisal report is governed by the by- laws and regulations of the Appraisal Institute; 19. That neither all nor any part of the contents of this report; especially any conclusions as to value, the identity of the appraiser, or any reference to the Appraisal Institute; shall be disseminated to the public through advertising media without the written consent of the author. iii 0 0 PURPOSE/FUNCTION OF APPRAISAL The purpose of this appraisal is two fold: first, estimate the market value of the partial acquisition from the subject ownership and second, estimate the effects, if any, on the remainder parcel(s) by reason of the acquisitions and construction of the proposed improvements. This appraisal report is to be used for purposes of negotiating the proposed acquisition for the subject property by Sun Cal Companies. MARKET VALUE DEFINED The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (Section 1263.320 (a), California Code of Civil Procedure). DATE OF VALUE The opinion of value, and other matters expressed herein, are stated as of the sixth day of November 1998. I 0 0 LEGAL DESCRIPTION A complete legal description of the Larger Parcel and those portions being acquired is included in the Addenda. PROPERTY RIGHTS APPRAISED The property rights appraised in this report represent an unencumbered fee interest of the property. OWNER OF RECORD Volkswagen of America, Inc. DBA Vorelco, Inc. SCOPE OF APPRAISAL The subject parcel consists of an unimproved agriculturally/open space zoned site with frontage on Valle Road; a secondary frontage thoroughfare along Interstate 5 in the City of San Juan Capistrano. The immediate market area and other portions of Orange County were surveyed for sales of parcels that had similar access and proximity to Interstate 5. 2 0 0 AREA DESCRIPTION The subject Larger Parcel is located in the southern portion of Orange County in the City of San Juan Capistrano. The City of San Juan Capistrano is located approximately twenty-three miles southwest of Central Orange County and approximately twelve miles north of San Diego County line and encompasses an area of 13.49 square miles. Interstate 5 bifurcates the City of San Juan Capistrano from north to south. 1-5 provides for direct access north to Los Angeles and San Francisco while extending southward to San Diego and U. S. and Mexico border. 3 0 0 IMMEDIATE SURROUNDINGS The property is located in the southeastern portion of the City of San Juan Capistrano along a frontage road (Valle Road) to Interstate 5. Access to property from Interstate 5 is Camino Capistrano for southbound traffic and San Juan Creek Road for northbound traffic. The on/off ramps are approximately one quarter and one-half miles north of the property, respectively. To the immediate north is an operating Volkwagen dealership. Farther north is Capistrano Terrace, a 1960's mobile home park, San Juan Hills Golf Course and open space extending to Ortega Highway. To the immediate south along Interstate 5 is a vacated improved commercial parcel formerly occupied by a Lincoln Mercury dealership. Farther south is a vacant open space parcel and a recently approved two hundred and fifty acre planned residential development that will include a school site, four hundred twenty-five single family dwellings as well as a thirteen acre (net) industrial/R&D project. To the east is mountainous terrain extending to San Juan Capistrano city limits approximately two miles. Further east is residential hillside development in City of San Clemente and open area. To the west across Interstate 5 is commercial development along Camino Capistrano and includes new automobile dealerships, low-rise office and light industrial uses. Further west is residential development extending San Juan Creek. 4 0 0 Plat Map N W M O 6156 . s AyA h I�Q 0. ;A b pE y e�A a I PA R y r r m �o sz ,i A nyY� Li�i�gmQ SR Plat Map 0 LARGER PARCEL The Larger Parcel contains a total of 52,272 square feet or 1.20 acres as calculated by Hunsaker and Associates, Inc.; a civil engineering firm. Shape The Larger Parcel is rectangular in configuration. Topography The Larger Parcel is level at street grade; extending from Valle Road eastward approximately 300 feet. Soil No soil tests have been reviewed of the site. The valuation assumes that soil conditions are adequate to support development to highest and best use. The property is identified as being in Flood Zone "X", areas of moderate or minimal hazard from the principal source of flood in this area (Map No. 06059C -0075F; dated November 3, 1993). Utilities Sewer- City of San Juan Capistrano Water- City of San Juan Capistrano Gas - Southern California Gas Company Electricity- Southern California Edison Company Telephone- Pacific Bell 5 Pi Earthquake E The subject Larger Parcel is not currently shown on an Alquist-Priolo Earthquake Fault Zone Map and is not currently within a defined fault zone. Any damage that would occur would be from conditions external to the property. Strest Frontage Valle Road is a secondary north/south arterial that terminates at southern boundary of subject larger parcel and approximately one-half mile to the north at San Juan Creek Road. The existing pavement width of Valle Road at subject property is approximately twenty-six feet with a dedicated width of approximately forty-one feet. The proposed construction project will extend the width of Valle Road, at and to the north of subject property to a reported seventy-three feet. Legal A preliminary title report prepared by Chicago Title Company November 6, 1998 was reviewed by the appraiser. There were a number of title exceptions including typical utility easements, as well as the right to install, use, maintain, repair and replace a booster pump on a portion of said land (#8) and a pipeline easement, the exact location of which is not disclosed (#4). A title officer should be engaged, provide a map of parcel showing easements in place as well as review of affect of restrictive covenants. ri � ; • - � , -.y—� .. _ 1. . /. - IP � r'f I \ f8 CG S P Rs j ' _ F PcFj --- , CG', CMG <o no' MG PR ss SPp \ R IJ i {#P.-FCPC MHP (CDP 61-2) C CTL LEGEND: cm GM BASE DISTRICTS: ENVIRONMENTAL MANAGEM1 1 _ DISTRICTS: co `, w ceic.. c.mcc c<�.uu,i . ,. .. ... .... .... ..... GEI "ll COW"EAC .�. :L,�.,,� ............ ...... . ..................,.., o. . ES.L..,,o .'.,a...., / - NDIE: RELIABLE FLOOD PLAIN wu ewe. m..w �T oew•+�o., n+. Zoning Map 0 HIGHEST AND BEST USE 0 The term "highest and best use" is defined in The Dictionary of Real Estate Appraisal, published by the American Institute of Real Estate Appraisers, as follows: 1. 'The reasonable and probable use that supports the present value of vacant land or improved property, as defined, as of the date of the appraisal; 2. The reasonable, probable and legal use of land or sites as though vacant, found to be physically possible, appropriately supported, financially feasible and that results in the highest present land value; and 3. The most profitable use." The determination of highest and best use opinion requires an analysis of the land as if vacant and legally permitted. It also requires an estimate of highest and best use of the property as improved, and consideration of any deviation from the existing improvements from the ideal. Physical The irregular triangular shaped parcel, as a whole, contains 52,272 square feet or 1.20 acres. There are no curbs, gutters, street lighting or sidewalks currently at property boundary. Future development of property would require substantial off-site infrastructure costs, including minimal earth movement, as well as utilities to the site including water, sewer, electricity, gas and cable TV. The physical characteristics of subject Larger Parcel pose insignificant deficiencies to economic development in the foreseeable future. 7 Y OF SAN JUAN CAP[ ANOdd r GENERAL PLAN za / u� az ss C.. I.. DEL •V CM / ✓ r-ZO C 1.5 ti r a .✓. 1.1 1.4� y a _ L bey t Zj zo Fel}- ♦Y@ ♦EII Y {Fl0 � f PG:� I e � Y c SS LEGEND as,. Yom- LE.• ab � : ..... ...,tee ..... ..... .a .., ....., �—`... .o ..... � ', Legal 0 0 The subject larger parcel is located within a growth management district (GM) and is designated for low-density residential development, agricultural or open space uses until the land is rezoned to the district which will most appropriately implement the provisions of the general plan by the City of San Juan Capistrano. The City of San Juan Capistrano general plan designates the subject parcel as being within a special study area (Elkins -Yates Area). The purpose of this special study area was to designate particular land uses which would be appropriate for the area due to the many environmental constraints on the property. According to officials at San Juan Capistrano planning department the subject property will most likely be developed as an expansion of adjacent automobile dealership. The current ownership of larger parcel is also the owner of adjacent Volkswagen dealership. The owner and city planning officials have had preliminary discussions concerning development. While a general plan amendment would be necessary this does not appear to be a substantial issue that would unduly delay future development. Financially Feasible Financial feasibility tests those uses physically possible and legally allowed to determine which produces an income stream or rate of return that generates the greatest income to the land. The property, as referenced earlier in this report, is comprised of a rectangular shaped parcel that would most likely be developed in the foreseeable future as an expansion of the neighboring automobile dealership. Taking into consideration the physical limitations of development including soil conditions, off-site development costs, and proximity to existing commercial 8 0 0 development it is concluded that there is economic evidence to support development of the property either currently or in the foreseeable future. Maximum Profitability There is economic support for development of the property upon completion of Valle Road construction, and the adjacent residential development immediately to the south at terminus of Valle Road. Land values are a function of the expectation of income derived from development and based on an analysis of supply and demand characteristics within the market area. The demand necessary to support any use is considered to be sufficient in the foreseeable future. E _ ,IAN 19 1599 i APPROACHES TO VALUE The subject property is being appraised as developed to its highest and best use, which is holding for investment. The Cost Approach utilizes an analysis of sales of comparable vacant land in the area to arrive at an indication of land value. The estimated replacement cost to construct the improvements; and indirect costs including marketing and financing cost less any deductions for physical, functional or economic depreciation is added to estimated land value to arrive at an estimate of value by the Cost Approach. The subject property is currently unimproved. Therefore this approach has not been utilized in the determination of market value. The Direct Sales Comparison Approach is considered the most appropriate in the valuation of the subject parcel. This approach is based on the principle of substitution. A search of the market is made to find sales of comparable properties. These sales are analyzed to arrive at appropriate units of comparison and applied to the subject property to arrive at an indication of value. The larger parcel is located within a special studies zone (SS) which allows for commercial uses subject to a general plan amendment. City of San Juan Capistrano planning officials have indicated that preliminary discussions have already been held discussing this issue and the likelihood of the larger parcel being developed for commercial use. In light of the above circumstances the sale data researched reflects vacant commercially zoned parcels. Iu The Income Approach is based on the principle of anticipation. This approach has not been considered appropriate in the valuation of the subject property due to the non- income producing nature of the property. The final opinion of value reflects the current existing condition of the property ..as is" as of November 6, 1998. �t 41 0 Market Data Analysis The market data analyzed included in excess of ten property sales in Orange County and specifically in the south Orange County communities of San Juan Capistrano, Mission Viejo, and surrounding commpnities. Property sales were selected and indicate a price range in the before condition of $4.71 to $18.87 per square foot reflecting locational differences, zoning, as well as topography, access, proximity of available utilities potential uses, off-site development costs and individual investor rate of return expectations. 12 RM -17 081 CORP IV TK din IF ".11111 WISMO. 1:111INR1 / =A", wart d/ MIFill, Rd woo q1 rs a M to. 30/17i BT :o: r.�y •ii.ls so zao y 9 0 Residential Market Data No. 1 Location: East side of Rancho Viejo Road at entrance to Marbella Golf & Country Club, San Juan Capistrano Grantor: Marbella Development Company Grantee: Malmain Associates, L.P. Date of Sale: August 13, 1997 Sales Price: $1,052,500 Document No.: 97-0386579 Assessor Parcel Number: N/A; reparcelized identified as Lot 1 Tract 15386; Book 745, pages 44, 45 and 46 of Misc. Maps Land Area: 2.41 Acres; 104,979 Square Feet Shape: Rectangular Topography:. Level; at street grade Zoning. CO (Commercial Office) Improvements: None Utilities: All available Terms of Sale: All cash Comments: Property is currently available for sale at $22.00 per square foot. The city has approved plans for twin 24,000 and 26,000 square foot office buildings. Access to site from Interstate 5 is via Junipero Serra approximately '/z mile to the north. 13 .r�sjo...at mr'u:xuw� 3 it �[uri :: iYf. x0 int x �lx9K.�) rore:W; MN+ixF :�ur.t3[_f..r/Y r.r POR SEC 36, T)S, Row `_ u p,.�, K I 361 A, „ « ✓ 's I cel e MARCH 198J NOM, ASSESSORS N y WI- NUS'. AS EA9'S AW SIM)wNW[Lnee EOOrE6G9fAOF36 O CWVIY CF SJ/ANGE 0 0 Residential Market Data No. 2 Location: West side 1-5; north of Junipero Serra on Camino Capistrano, San Juan Capistrano Grantor: City of San Juan Capistrano Grantee: Kaiser Foundation Health Plan, Inc. Date of Sale: January16, 1998 Sales Price: $2,766,000 Document No.: 98-25372 Assessor Parcel Number: 649-361-2 Land Area: 3.83 Acres; 166,834 Square Feet Shape: Irregular Topography: Level Zoning: GM (rezoned to CO, Commercial Office, prior to close of escrow) Improvements: None Utilities: Available Terms of Sale: All cash to seller Comments: Condition of sale was seller's approval to rezone. Confirmed by: Seller, Douglas Dumhart, City of San Juan Capistrano 14 6-41 LBro Q I 13 /QPPr M �3.33/4C.1 666 K. / i a � I I '✓OIE: S LAyE qp �nNYq BLYO. �� fGP4�� /rb / f � Off JbAEO pfA ? L/4r • Me Cos iii 1 s X24 G <pI (rl SRY.(y,L SIAEET( @ 3'IIEE� O[r.0 v[i.CDAo Imo_ 16 j�'/ ♦t, LI3S4Cr� .f4C. �rrl 6-41 LBro Q I 13 /QPPr M �3.33/4C.1 666 K. / i a � I I '✓OIE: S LAyE qp �nNYq BLYO. �� fGP4�� /rb / f � Off JbAEO pfA ? L/4r 0 0 Residential Market Data No. 3 Location: Northwest corner Stonehill Drive and Camino Shape: Capistrano, San Juan Capistrano Grantor: County of Orange Grantee: Blue Sky Properties Date of Sale: November 24, 1998 Sales Price: $375,000 Document No.: N/A Assessor Parcel Number: 121-254-41 Land Area: 1.82 Acres or 79,497 Square Feet Shape: Rectangular Topography: Level Zoning: CM Improvements: None Utilities: All available to site Terms of Sale: All Cash Comments: Site is above street grade and will require substantial site work, which according to the seller, could include lowering site by approximately twenty feet. Site to be developed in conjunction with adjacent property as automobile dealership. Property had been in escrow since 1996 with several extension options since then. Confirmed By: Seller, Douglas Dumhart, City of San Juan Capistrano 15 0 PAR. SEC. 13. 24 K 25, 1 7 5. A B /' vf0 (/tv i99fl 125-09 125-17 E 710-0 19 /44 ()3o ar6 0 • Residential Market Data No. 4 Location: East side Marguerite Parkway; north of Avery Parkway and south of entrance to Saddleback College, Mission Viejo Grantor: Southern California Gas Company Grantee: Lexus of Mission Viejo Date of Sale: December 31, 1997 Sales Price: $2,700,000 Document No.: Sold by State board of Equal ization(representing public utility property) Assessor Parcel Number: #312-30-40-1(SBE #) Land Area: 3.54 acres or 154,202 square feet Shape: Rectangular Topography: Level Zoning: Highway Commercial Improvements: 6,940 square feet concrete block building Utilities: Available Terms of Sale: All cash Comments: Purchased for land value only by adjacent property owner who operates Lexus dealership. Confirmed By: Seller, Frank Braccio, Real Estate Manager on May 3, 1998 16 125-09 10 I N�taV-A SIN OlEaa — . -�ZZ_ 125-17 1' = 600' O .r... w n.ale Q ex rase vr. Pm -a egos we r Q � oz le 012 03 0 ie�� 41 ® 02 ]9 3B s�eolE/Icw cnuEae 37 .AX/JN GMM/! -3 � .. ww. 126-17 740-01 w-22 --. ..--'R _ ~ SEE OIEIAIL ---essay' --- - W7-23>EeIaoeni- na ` \7209 440.016 13 ¢. 0 0 Residential Market Data No. 5 Location: 28701 Marguerite Parkway, Mission Viejo Grantor: Mission Viejo Imports Grantee: Ford Leasing Development Company Date of Sale: August 12, i 997 Sales Price: $2,450,000 Document No.: 97-385171 Assessor Parcel Number: 740-014-02, 04 Land Area: 2.98 acres or 129,808 square feet Shape: Irregular Topography: Level Zoning: Highway Commercial Improvements: Automobile dealership improved with 20,200 square foot showroom and repair building Utilities: Available to site Terms of Sale: All cash Comments: Seller continued to operate for 18 months until new dealership site was completed. Buyer to demolish existing improvements. Confirmed By: Broker, Biff Smith on July 6, 1998 17 0 0 Commercial Land Sale Summary Rem! Date Location/ Size of AP Number AcreslSF Zoning Utilities Topography Sale No.1 2.41 CO Level 8g7 E/S Rancho Viejo Rd. 104,979 Available Marbella G.C. San Juan Capistrano No.2 3�8. GM Available Level 1/98 W/S 1-5, N/O Junipero 166,834 (to CO at Serra on Camino sale) Capstnlno 649-361-02 No. 3 im CM Level; above 11/W NWC Stonehill Dr. and 79,497 available grade Camino Capistrano San Juan Capistrano 121-254-41 No.4 3.54 HC Available Level 12/97 E/S Marguerite Pkwy, 154,202 N/O Avery Pkwy SIO Entrance to Saddleback College Mission Viejo No.5 2_98 HC Available Level 8/97 28701 Marguerite Pkwy 129,808 Mission Viejo 740-014-02, 04 Subject 1.20 GM(Special Available Level - Property 52,272 study Area) 19 Sale Price Per SF $1,052,500 $10.02 $2,766,000 $16.56 $375,000 $4.71 $2,700,000 $17.51 $2,450,000 $18 7 0 0 Market Data Analysis Market Data No. 1 is a larger parcel located on Rancho Viejo Road, a frontage road adjacent to Interstate 5 in the City of San Juan Capistrano. The site is to be developed with two low rise office buildings. The property is currently available for sale at $22.00 per square foot with development approvals from the City of San Juan Capistrano. The location is similar considering proximity to nearest on/off ramp to Interstate 5. A downward adjustment for zoning and utility is considered applicable. Market Data No. 2 was purchased by Kaiser Medical for development of health care facility. The property has a superior location to the subject; being at an on/off ramp at Junipero Serra of Interstate 5. The site has superior utility though of an irregular configuration. Market Data No. 3 is a surplus parcel that was acquired from the City of San Juan Capistrano after completion of adjacent road construction. The developable portion of the parcel is significantly above street grade and will require substantial site development work. The site is zoned C -M (commercial -manufacturing) and will be developed as an automobile dealership with adjacent parcel. The location and zoning is superior to the subject parcel and would require a downward adjustment. An upward adjustment for time is also considered appropriate. Market Data No. 4 was the purchase by an adjacent property owner who uses property for automobile storage. The site has no freeway identity and is located mid - block on a major commercial corridor in South Orange County. The immediate area is 100% built-up with strip retail shopping centers, automobile dealerships, regional mall, U.S. post office and Saddleback College. The buyer also paid for brokerage commission. A downward adjustment for utility and some minimal affect on price due to 19 0 purchase by adjacent property owner is considered appropriate. A downward adjustment for zoning is also necessary. Market Data No. 5 was the sale of a freeway- oriented parcel at the intersection of Avery Parkway and Interstate 5 in the City of Mission Viejo. The seller occupied site until completion of new dealership site further south on Interstate 5 in Laguna Niguel. A downward adjustment for location, zoning and utility are considered appropriate. The five sales indicate a range of $4.71 to $18.87 per square foot. The lower end of the range is the sale of a commercial -manufacturing zoned site in San Juan Capistrano located along frontage road to Interstate 5 that will require substantial site work. The upper end of the range is a superior located site at major on/off ramp to Interstate 5 in the City of Mission Viejo. Taking all these factors into consideration as well as time necessary to obtain necessary approvals for zone change, necessary off-site and on-site development costs and current supply and demand considerations regarding development on subject parcel, I have concluded at a market value of $8.00 to $10.00 per square foot for the subject parcel. 20 0 0 PROPOSED ACQUISITION The proposed acquisition consists of a portion of assessor's parcel number 666- 301-005 and is a fee acquisition consisting of 5,538 square feet as determined by Hunsaker and Associates, a civil engineering firm. The purpose is to widen Valle Road and construct concrete curb and gutter as well as concrete sidewalks and street lights designed and built to city code requirements. Character of Property within Acquisition The area being taken by the public agency is currently unimproved vacant land. Valuation of Fee Interest 5,538 square feet @ $10.00 per square feet = $55,380 Proposed Improvements Proposed improvements will consist of widening of Valle Road, the construction of concrete curb and gutter as well as sidewalks and street lights. 21 0 SEVERANCE DAMAGES Severance damage is defined as the diminution of the market value of the remainder area, in the case of a partial taking, which arises by reason of the taking or the construction of the improvements in the manner proposed. In the case of subject property no severance damages are considered applicable. Summation A. Market Value of the Whole Before Acquisition Market Value of the Part Acquired Severance Damage Total Just Compensation 22 $ 522,720 $ 55,380 $ 0 $ 55,000 (PD) 11 CERTIFICATION • The undersigned appraiser certifies that he has personally inspected the property described herein, being: Unimproved land comprised of a level developable parcel containing 1.20 acres on the east side of Valle Road approximately 2,100 feet south of the intersection of San Juan Creek Road in the City of Sari Juan Capistrano, County of Orange, State of California; that he has no past, present or prospective, direct or indirect interest in said property, nor personal interest or bias toward the parties involved; that his employment in this appraisal is not contingent upon an action or event resulting from the analyses, opinions or conclusions; that, to the best of his knowledge and belief, all of the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and accurate, subject to the Assumptions and Limiting Conditions herein set forth; that no one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in this appraisal report; and that this appraisal has been made in conformity with, and is subject to, the Code of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP); the use of the report is subject to Institute regulations relating to review by its duly authorized representatives. 23 0 0 The Al conducts a program of continuing education for its designated member MAI's and RM's, who are awarded educational certifications when they meet the minimum standards of this program. Thomas W. Drake, MAI, is certified under this program. Respectfully submitted, Thomas W. Drake, MAI 24 0 0 View of subject Property looking eastward Looking north on Valle road (Subject Property to immediate right) 0 SCHEDULE A 0 Order No: 8301689 M08 Y^ur Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: VOLKSWAGEN OF AMERICA, INC. D/B/A VORELCO, INC., D/B/A VORELCO, INC. 3. The land referred to in this report is situated in the State of California, County of ORANGE and is described as follows: THAT PORTION OF SECTION 12, TOWNSHIP 8 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PLAT THEREOF IN THE OFFICE OF THE BUREAU OF LAND MANAGEMENT, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 3656, PAGE 65 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID CERTAIN PARCEL, NORTH 360 37' 34" EAST, 173.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 540 16' 10" WEST, 52.00 FEET; THENCE NORTH 360 37' 34" EAST, 173.00 FEET; THENCE SOUTH 540 16' 10" EAST, 52.00 FEET TO SAID SOUTHEASTERLY LINE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT-OF-WAY EASEMENT That portion of Lot 5 of a Record of Survey in the City of San Juan Capistrano in the County of Orange, State of California, as shown on a map filed in Book 4, Page 15, of Record of Surveys in the office of the County Recorder of said County, described as follows: Beginning at the Westerly corner of Parcel 2 as described in the deed recorded Mav 22, 1995, as Instrument No. 95-0217264 of Official Records of said County; thence North 36°36'45" East 173.06 feet along the Northwesterly line of said parcel to the Northerly corner thereof; thence South 53°26'42" East 32.00 feet along the Northeasterly line of said parcel to a line that is par- allel with and distant Southeasterly 32.00 feet from said Northwesterly line; thence South 36036'45" West 173.03 feet along said parallel line to the Southwesterly line of said parcel; thence North 53°30'22" West 32.00 feet along said Southwesterly line of said parcel to the Point of Beginning As more particularly shown on Exhibit "B" attached hereto and made a part hereof. C J Ron 'illiams, L.S. No. 654 License Expires: December 31, 1999 SND Rory S. Williams Exp. 12131199 No 6654 s \FOF rmYj April 9, 1998 Page I of 1 W.O. 1390-I4196X I &-A Legal No. 4521 Prepared By: 14. Foss Ck'd By: R. Willianis:lh i EXHIBIT "B" Sketch to Accompany Legal Description / JK / PARCEL 1 INST. NO. 95-0217264 O.R. Q )o 0 PARCEL 2 INST. NO. 95-0217264 O.R. P.0.B. WL'Y COR. PCL. 2 R V I ER &ASSOCIATES I R V N E I N C EASEMENT PUNNING ENGINEERING SURVEYING FOR RIGHT OF WAY Three Hushn - (ine- U 92618 - PH: 04) 3831010 M pu) 5fIM 9 CITY OF SAN JUAN CAPISTRANO. OF COUNTY OF ORANGE, STATE OF CALIFORNIA 4-8-98 ore None ey` H. Foss e;4 V. Edge SCALE: 1"=100' W.O. 1890-14196X 1: PICIFIC POINT\LD4521\EXH191TB.DWC ."278-38/LD4521 H&A LEGAL No. 4521 1 SHEET 1 OF 1 • MAF f.HFF4 MAPrHK FTI F 1114571 Mrk # NAmP 1 R/W AI f1Nfi VAI I F WAV i,.ra RParino nictanrP Starting rnnrriinAtPG: 1 - N7A-7.1,1 45 " F 173 -OA SS....7�, 4?"F 37. ilii i R71,":[A9 45"W 173, ill 4. Wn---ll0I 92"W i?, 00 f:l nai na rnnr rii npi Pc FRRiIR f1F f'1 nR RF: N7F-5" A"F 0. C04 f1n,P part in 997F,7 FPri mPtPr-= 416,094t: Aran= 0 Ok-Aor-9H 09:74 AM rrq f,r Pa t Pd RPvigP,i by IIcpr 4 OP-Aor--9k i1F-Aor-4k 09:^3 434 Nnrthi n9 Factino FlavAtinn (). 0011(1 0.001111 1 3P,. 91 31 1 0', 71 30 11 c/. H541 )?k-ytki -il.Oi=l,w-l4 (1, 00(() C)-06,00 DPItA N D1 lto F 0_i)i13' 0, ili!^4 59t.7.503 ca ft. 0.1771 Arrpc Ci 0 RECORDING REQUESTED BY RECORDING 9MUSS?FD BY COMM MAL LWYERS TLE CO. AND WHFN RECORDED MAa. TOa 0 UCC # 95-02172114 22—MAY-1995 0251 FN TRUSTEE'S DEED UPON SALE DOCUMENTARY TRANSFER TAX IS COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING ATTIME OF SALE $0.H AMOUNT OF CONSIDERATION $659,096.95 AMOUNT OF UNPAID DEBT 5%59,096.95 GRANTEE iN IDENTIFTED S THE 9ENEFICIARY. �(,Lfi!LP-CIG- , Dec la:ant's Signature or Agent Determining Tax MICHELLE STONE Declannt's Naim CONTINENTAL LAWYERS TITLE COMPANY, FKA CONTINENTAL LAND TITLE COMPANY, Truates, (whereas so designated is the Deed of Trust herein under tours particularly deeeribed or as duly appointed Titrates), dove hereby GRANT and CONVEY to VOLKSWAGEN OF AMERICA, INC. d/b/a VORELCO, INC. (bmia :.:':ad Grnw), but without covewml of wunotiv, expreea or impiied, ail right, title and inuetct conveyed to and now held by it u Trustee urdu the Deed of Treat in and to the property siCutm in the City of Canty of ORANGE. Sure of California, described as follows: As more fully described on Exhibit 'A" alta died hereto and made a part besot THE PROPERTY ABOVE DESCRIBED DOES NOT HAVE A STREET ADDRESS OR OTHER COMMON DESIGNATION. DIRECnONS SUFFICIENT TO LOCATE THE PROPF_RTY MAY BE OBTAINED BY SUBMITTING A WRITTEN REQUEST WITEIIN TIN DAYS FROM THE FTRSI PUBLICATION OF THIS NOTICE TO THE BENEFICIARY, WHOSE NAME AND ADDRESS IS: VOLKSWAGON OF AMERICA, INC., dha VORELCO CIO VORELCO. 3600 HAMLIN ROAD 04A01, AUBURN HI.LS, MI 49324. This conveyance is made in mmplisace with the terms and pruvisiau of the Deed of Trust executed by THOMAS WILLIAM YATES, IH A WIDOWER and recorded on 07/31!1992, in Book Page 'e- - mmt Number 92-514716 of Official records, in the office of the Reeorder of ORANGE County, California, under the authority and powers vested in the Truster. desigru!ed in the Deed of Trwt or as, the duly appointed Trustee, default having a rd under the Deed of Trust and Pun1ant to the N,Xice of Default and Election to Sell tinder the Deed of Trust recorded 10105i1994, in Eack Page Ieuttment Number 94-5%136 of Official records, Trustee having complied with all applicable statutory requiremmta of the State of Califomis and perforated all dutira required by the Deed of Trust including sending of a Notice of Default and Election to SELL within 10 days after its recording and x Notice of Sale = 1= 20 days �. :o e.,:.'c f` by uni :_! auil, ycrtaga pre -paid to each person enti0ed to notice in compliance with California Civil Code 2924b. Mad Tax bill to the abase r...: rvcm raw, €ecord_-i m Nficial kecoris VORELCO of Ora.,aa ;Maty, 01i`.ornia CIO CORE RESOURCE, INC., ITS AGENT Gary L. GIvw; Ile, Clerk-re,.rder 3900 HAM M ROAD 14A01 %ase 1 of Fees: AUBURN MUS, MT 49326 Ta::: f C.9(. LOAN: 4956801 OTHER: 940%46-20 FIE: 7022 MGS A.P. NO. 6%6-301-05 TRUSTEE'S DEED UPON SALE DOCUMENTARY TRANSFER TAX IS COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING ATTIME OF SALE $0.H AMOUNT OF CONSIDERATION $659,096.95 AMOUNT OF UNPAID DEBT 5%59,096.95 GRANTEE iN IDENTIFTED S THE 9ENEFICIARY. �(,Lfi!LP-CIG- , Dec la:ant's Signature or Agent Determining Tax MICHELLE STONE Declannt's Naim CONTINENTAL LAWYERS TITLE COMPANY, FKA CONTINENTAL LAND TITLE COMPANY, Truates, (whereas so designated is the Deed of Trust herein under tours particularly deeeribed or as duly appointed Titrates), dove hereby GRANT and CONVEY to VOLKSWAGEN OF AMERICA, INC. d/b/a VORELCO, INC. (bmia :.:':ad Grnw), but without covewml of wunotiv, expreea or impiied, ail right, title and inuetct conveyed to and now held by it u Trustee urdu the Deed of Treat in and to the property siCutm in the City of Canty of ORANGE. Sure of California, described as follows: As more fully described on Exhibit 'A" alta died hereto and made a part besot THE PROPERTY ABOVE DESCRIBED DOES NOT HAVE A STREET ADDRESS OR OTHER COMMON DESIGNATION. DIRECnONS SUFFICIENT TO LOCATE THE PROPF_RTY MAY BE OBTAINED BY SUBMITTING A WRITTEN REQUEST WITEIIN TIN DAYS FROM THE FTRSI PUBLICATION OF THIS NOTICE TO THE BENEFICIARY, WHOSE NAME AND ADDRESS IS: VOLKSWAGON OF AMERICA, INC., dha VORELCO CIO VORELCO. 3600 HAMLIN ROAD 04A01, AUBURN HI.LS, MI 49324. This conveyance is made in mmplisace with the terms and pruvisiau of the Deed of Trust executed by THOMAS WILLIAM YATES, IH A WIDOWER and recorded on 07/31!1992, in Book Page 'e- - mmt Number 92-514716 of Official records, in the office of the Reeorder of ORANGE County, California, under the authority and powers vested in the Truster. desigru!ed in the Deed of Trwt or as, the duly appointed Trustee, default having a rd under the Deed of Trust and Pun1ant to the N,Xice of Default and Election to Sell tinder the Deed of Trust recorded 10105i1994, in Eack Page Ieuttment Number 94-5%136 of Official records, Trustee having complied with all applicable statutory requiremmta of the State of Califomis and perforated all dutira required by the Deed of Trust including sending of a Notice of Default and Election to SELL within 10 days after its recording and x Notice of Sale = 1= 20 days �. :o e.,:.'c f` by uni :_! auil, ycrtaga pre -paid to each person enti0ed to notice in compliance with California Civil Code 2924b. Mad Tax bill to the abase r...: rvcm raw, i ----••.----__— ,,........: M....,,.,rnva......�e..:ve x:u.:v.o a-�zsc :vsnet. vnu ..x•, ,. TRUSTEE'S DEED UPON SALE N: Y54801 OTHER: 944%4&20 FILE: 7022 MCS NUMBER 666-301-05 Notice of Tnume's Sets was published com a week for three consecutive wedm commmcia8 01/2/1195 it, CAPISTRANO VALLEY NEWS. a xwapsper, r,: at lead 20 days before the data fixed therein for We a copy of the Notice of Trostee's Sale was posted io a coogicuau 01— oro the property described above and in oro public place in the city wbem the We was to be held. At the time and place feed is said notice. Trustee did, by public anaouocement, sed in said provided. postpone the We from time to time thereafter nod did sell the property described above on 54JW95 at public auction to the Grantee herein. Grantee being the highest qualified bidder therefor. for $09,086.85 cash, lawful money of the Uniti States, or by the satisfactico of dw iodeMadneas thm soared by ad Deed of Trust. in WITNESS WHEREOF, CONT04ENfAL LAWYERS TITLE COMPANY, FKA CONTINENTAL LAND TITLE COMPANY. as the Trustee, has this day, 05/18/1993 caused im name to be hereunto affixed by it, officer thaamto duly authorized by its Co porztion By -Laws. CONTINENTAL. LAWYERS TITLE COMPANY, FKA, CONTINEMAL LAND TITLE COMPANY, as said Trustee By 1,'7r r+ - IC . All-OLL t TINA R. SHAW VICE PRESIDENT By STATE OF CALIFORNIA COUNTY OF ORANGE on 2M5/1995 before m:, the undersigned. a Notary Pub5c for said State, personally appeared 33NA R. SHAW_... , personally kw%m to mo (or proved to me on the basis of satisfactory evidence) to be the pe:soo(s) wanes name(s) is/are subscribed to the within instrument and acknowledged to au that he/ehelthey executed the same in his/her/their authorized capacity(im), and that by his/herhheir signWrc(s) ort the instrument the perroa(s), or the entity upon behalf of which the persco(s) acted, executed LL4 wTINFSS my hood u official rel. OFFICIAL SEAL ! , res Sigaanuc ` L.,.cis; ccoHry eer 29 19iy K M. FgRR �c Imo) 0 E)GUBIT 'A' LEGAL DESCRIPTION Parcel A: 0 Ito N etteewtorly 173 feet of the frllcw y described propmr-ty: That mr-tion of rot 5 :Ln tha city d Sen .dna aviatsano, qty of mw4p, seas. of Calif,•.,,!. as at wt on a ■ep thereof r9O0rt'1 4 in Back 4, Papa 15 of 3id of 8¢Veye In this office of the CQaity R¢rdsr of said runty, deocrlled as foll4me: Beginning at the point of intersection of tie ltrtlart prolongation of the 8cuthaist Lim of tie land mnueyad to Alton E. Farley at ta. as described in the dead reeled t'•lsn h 6, 1951 in Bock 2153, Age 539 of Official Pada, in the office of the tlaaty %m dac of smAd Mve gb Oxwrty, with the pco� line end the N rtt:esat aecrter line of the California State Highway es daacYbd in tto dead ilCrada I Hardt 16, 1965 in Bids 7300, Page 492 of OffAcial Ride, in the office of the 0=3ty Roonlsz of said o wOm arty: times ala g said Southeast line of said land of F-& 3 , South 54' 19' 50• East 156.00 fest to a lira parallel with std dLAtwM gout eeetmrly 154.00 feet, ®soured at right aoglas F odd cantor line of the cal faro a Stara Highsay, said pntnt also being the tate point of beginning of the pascal of land dasccibe3 hndrsinn, thetas Oce mid tare Potrn of beginning Wang meld psmllnL lire, Moron 36. 37' 340 East 346.87 feet: dance South 54. 16' 10' East 251.19 feet: thence South 36. 37' 34" dirt 346.61 first to a point in the Southwesterly fly line of said land of Farley; t!>!rna Nrth 54. 19' 50" Wmet along said S=&Awatacly lire 251.20 feet to the tree paint of b*gLrrdxV. Parcel E: at the most Southerly occer of t'ut oectaitt State of [`at!frmia Parcel of land accords, the by ,'rad raQst>,d in �'J< 3656. A!ye 65 Of Official Records, In the offioa of tha Canty PsY=dsr of said acuity: th=ins along tie Sot..jsstaly 11ne of mid certain parcel. Norm 36' 37' 34' Pant. 173.87 feet to the tate point of begirrdng3 thence Nath 54' 16' 10' Want, 52.00 feet: then® Nath 36. 37' 34' Fast, 173.03 feet: aware South 54, 16' 10' Feet, 52.00 feet 5o Baud Southeasterly lire: bonne Soutlsalatterly alrr'g mid Souttlmetmly Line to Ue t31.e point of begUrsing. q 0 b ON --------------- -l/ ] e r�� /� I I I /l � ' /i s eo Z-7 it i jk -- - - - - - - - - - - - - - 0 b ON --------------- -l/ a eo Z-7 a U 0 I�sl eo 0 V QO U 3 N G b y x OQ1„ II y l li Q s \ �� ra_ a G J I V QO U Q N G b y V QO ll h i Q N G b y OQ1„ II y l li Q ll 0 ■ • f �l n i�l I i ldi I J ■ • 0 OCHICAGO TITLE COMPANY 0 PRELIMINARY REPORT Dated as of: November 16, 1998 at 7:30 AM Order No.: 8301689 - M08 CHICAGO 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth In the attached list 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. The form of policy of title insurance contemplated by this report is: PRELIMINARY REPORT Title Department: CHICAGO TITLE COMPANY 16969 VON KARMAN IRVINE,CA 92614 (949)263-0123 fax: (949)263-1022 BILL RUSH/CINDI MOORMAN TITLE OFFICER Pac —D 10o /e7b¢ O 41 SCHEDULE A Order No: 8301689 MOB Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: VOLKSWAGEN OF AMERICA, INC. D/B/A VORELCO, INC., D/B/A VORELCO, INC. 3. The land referred to in this report is situated in the State of California, County of ORANGE and is described as follows: THAT PORTION OF SECTION 12, TOWNSHIP 8 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PLAT THEREOF IN THE OFFICE OF THE BUREAU OF LAND MANAGEMENT, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 3656, PAGE 65 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID CERTAIN PARCEL, NORTH 36° 37' 34" EAST, 173.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 540 16' 10" WEST, 52.00 FEET; THENCE NORTH 36° 37' 34" EAST, 173.00 FEET; THENCE SOUTH 54° 16' 10" EAST, 52.00 FEET TO SAID SOUTHEASTERLY LINE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING. Page 1 — Order No: 8301689 M08 0 SCHEDULE B Your Ref: 0 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1998-1999 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSES5MENT NO: B $2,911.48 (PAID) $2,911.48 $301.14 (DUE AFTER APRIL 10) $NONE 23-040 666-301-05 AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. C 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) 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. D 3, AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CAPISTRANO WATER COMPANY PURPOSE: WATER PIPE LINES RECORDED: JULY 12, 1901 IN BOOK 71, PAGE 49 OF DEEDS AFFECTS: A PORTION OF SAID LAND e THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. F 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: FRANK A. FORSTER AND WIFE PURPOSE: WATER PIPE LINES RECORDED: OCTOBER 6 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND rnen -ro la ya,ok i • SCHEDULE B Page 2 (continued) Order No: 8301689 M08 Your Ref: G THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. H 5 THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: MARCH 16, 1945 IN BOOK 1300, PAGE 492 OF OFFICIAL RECORDS AFFECTS: THE OLD STATE HIGHWAY, BEING 100 FEET IN WIDTH, ADJACENT TO SAID LANDS ON THE NORTHWEST r 6. A WAIVER TO ANY CLAIMS FOR ANY AND ALL DAMAGES TO THE REMAINING PROPERTY CONTIGUOUS TO SAID 100 FEET HIGHWAY BY REASON OF THE LOCATION, CONSTUCTION, LANDSCAPING OR MAINTENANCE OF SAID HIGHWAY, IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED MARCH 16, 1945 IN BOOK 1300, PAGE 492 OF OFFICIAL RECORDS. 7. THE PROVISIONS, CONDITIONS AND RIGHTS OF WAY AS CONTAINED IN THE WATER WELL AND PUMPING PLANT AGREEMENT DATED SEPTEMBER 26, 1947 EXECUTED BY VIVIAN FORSTER CATE, MELITAS FORSTER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MAE E. FORSTER, DECEASED, AS FIRST PARTIES AND MARCO F. FORSTER AND ROSENBAUM RANCH COMPANY, AS SECOND PARTIES, RECORDED DECEMBER 17, 1947 IN BOOK 1604, PAGE 290 OF OFFICIAL RECORDS. K REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. i 8. THE RIGHT TO CONSTRUCT, MAINTAIN, REPAIR, REPLACE AND USE A STEEL OR TRANSIT PIPE LINE, TOGETHER WITH A SITE ON SAID LAND FOR A BOOSTER PUMP, SAID LINE TO BE IN A REASONABLE LOCATION SO AS TO NOT UNDULY INTERFERE WITH IMPROVEMENTS ON SAID LAND, AS CONVEYED TO MARCO F. FORSTER BY DEED DATED NOVEMBER 12, 1947 AND RECORDED DECEMBER 30 1947 IN BOOK 1603, PAGE 296 OF OFFICIAL RECORDS, AND AS RESERVED IN THE DEED FROM MARCO F. FORSTER AND WIFE TO ROSENBAUM RANCH CO., BY DEED DATED NOVEMBER 12, 1947 AND RECORDED DECEMBER 30, 1947 IN BOOK 1613, PAGE 219 OF OFFICIAL RECORDS. m REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. x 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES RECORDED: JULY 13, 1951 IN BOOK 2127, PAGE 640 OF OFFICIAL RECORDS AFFECTS: BEGINNING AT A POINT ON THE CENTERLINE OF STATE HIGHWAY, DISTRICT VII, ORA., ROUTE 2, SECTION A, AS SHOWN ON RIGHT OF WAY MAP DATED NOVEMBER 1944 SAID POINT BEING DESIGNATED AS STATION 467+70 THEREON; THENCE FROM SAID POINT OF BEGINNING, SOUTH 82° 10' 58" 0 0 SCHEDULE B Page 3 (continued) Order No: 8301689 MOS Your Ref: EAST TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ALTON E. FARLEY AND WIFE RECORDED MARCH 6, 1951 IN BOOK 2153, PAGE 539 OF OFFICIAL RECORDS. 0 10. THE EFFECT OF A MAP FILED JANUARY 20, 1959 IN BOOK 42, PAGE 22 OF RECORD OF SURVEYS, ORANGE COUNTY RECORDERS, WHICH SHOWS, AMONG OTHER THINGS, A PORTION OF THE BOUNDARIES OF SAID '_AND. v 11. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: JUNE 3, 1963 IN BOOK 6572, PAGE 316 OFOFFICIAL RECORDS AFFECTS: SAN DIEGO FREEWAY ADJACENT TO SAID LAND PROVIDED HOWEVER, THAT SAID REAL PROPERTY SHALL ABUT UPON AND HAVE ACCESS TO A FRONTAGE ROAD WHICH WILL BE CONNECTED WITH SAID FREEWAY ONLY AT SUCH POINTS AS MAY BE ESTABLISHED BY PUBLIC AUTHORITY a END OF SCHEDULE B R NOTE NO. 1: 1) NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE INDENTITY OF ANY PARTY NAMED OR REFERRED TO HEREIN OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT, OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2) NEITHER SHOULD ANY INSTURMENTS FOR RECORDAION BE PREPARED BASED ON THIS REPORT, AND THIS COMPANY ASSUMES NO LIABILITY IF THIS REPORT IS USED FOR ANY PURPOSE IN VIOLATION OF THE REAL ESTATE LAW AND/OR "SUBDIVISION MAP ACT". 3) ANY AND ALL EXCLUSIONS AS SHOWN ON THE FRONT PAGE OF THIS REPORT APPLY. s VS 12/07/98 Order No: 8301689 - MOB Your Ref: As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above -listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. K55-09/07/98bx 0 0 Attached to Order No. 8301689 M08 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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, attorney's fees or expenses which arise by reason of: 7. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the 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 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. 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. 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 ¢y 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 the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the ability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of 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. 5. Any claim, which arises out of the transaction vesting in the insured the estate or 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 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents of 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. CLTASCP-05/ f 2/95 AA 0 0 Attached to Order No. 8301689 M08 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks, 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or •. in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exceptions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. ALTARTIP -- 05/12/95 F 0 PJ Attached to Order No. 008301689 Mob AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE 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, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the 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 violations of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Cate of Policy. 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. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of 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 statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination, or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or ajudgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or 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 by making inquiry of persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. FLTFLP-05/12195M • At hedto Order No. 8301689 MOB AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the 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 anyviolations of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This polity does not insure against loss or damage (and the Company will not pay costs, attorneysfees 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 by making inquiry of persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. ALTAOPEC- 05/12195 AA OCT -25-1998 14:48 • 41t;ro� $ AssocIRTES • 714 583 07S3 P, 03"S4 EXHIBIT "B" Sketch to Accompany Legal Ducrtptian C. •s.i s a2'E Sea Wed �:- r. 4^ PARCEL 1 INST. NO. ` 95-0217264 O,R. PARCEL 2 INST. NO. 95-0217264 O.R. COR. PCL. 2 HUNSAxEV R s� ASSOCIATES EASEMENT I � MANWC a MrWINC . RAVMMC FOR RICHT OF WAY MM "00 • VM M Ren • PROM) JW" • M M XMW cnf OF UA AM CantfAUW. AGF OotufJY OR auwaE: STATE OF IA Wo. 1890 -tat: SHEET t OF 1 FGVka�o•.a AS'6mc--r , b2 lard ute • Efts.Yatei Arco. The City Council, in Dezember 1983, approved an amendment to the Land Use Element (CPA 83.3) by designating a 7.68* ase passel lEBdns-Yate+ area) as SS (Special Study)• The pur. pose of this amendment was to designate particular land uses which would be approprtote for the arca die to the many environmental con- stra(mts present on the property. As a part of the Coures consideratim the kilmAng development constraints were iderrtitied for the area: a) 'flee Press lion --There are several lame groups of trees located within the study area Whatever land use mix is developed is to preserve these tree clusters. b) Cireolatloa and Aceess—.The study area will be served by Valle Road. The types of land uses should be designed such that the overall traft volumes would not be increased from that currently pro*W for the area, c) Hill" Preseeratlor—A portion of the study area has ex- isting slopes poster than 10 percent. Primary focus should be directed to minimie tg the grading impacts into such portions of the A* area d) Arddbectaral Elevadoes—Any budding elevations for the study arra should address particular attention to implemen- ting a fu)I-pitct:ed roof design. In addition. all mechanical equipment Amid be groaatd motatied and screened, or located within a building e) CompmIlblifty WRh Ag%mW Residential Use—[ and uses should be virally pleasing arra have operational chuacter aft which will be compatible with the residential and open space uses adjacent to dw study area. t) Nelse—Tbe arta is totally within a high noise impact area Therefore, any type of land use mbar should be such that it is either compatible with such an environment or arranged so that ademate mitigation measures can be accommodated in an ultimate development program. In response to the above criteria the following land use mixes would be considered generally consistent with the Special Study designation on the General Plan, subject to the ultimate approval of a specific plea. They include public institutional and commercial recreation uses. Possi- ble mixed use concepts are graphically described in the following ex- ampies: (PnredAy e*& paragraphs added pa C -m ml Pfau Amaedrnmr 833) 9-3.422 • Sec. 9-3.423. Growth Management (GM) District. — (a) Purpose and Intent In keeping with the -growth management discussions in the General Plan. the Grpwth Management (GM) District shall provide for open space. agricultural. and low density resi- dential uses until the land is rezoned to the district which wiU most appropriately implement the provi- sions of the General Plan. In addition. the Growth Management (GM) District shall be applied to: (l) Those lands which have more than one desig- nation in the General Plan for which corresponding legal descriptions (parcels) do not exist: and (2) Those lands which are within a Planned Com- munity (PC) designation in the General Plan. A further intent of the Growth Management (GM) District is to help assure that geologic hazards and other considerations contained within the Open Space and Conservation Element of the General Plan are examined through the review process pnor to the application of a specific disuict. (b) Principal uses and structures. The permitted uses. conditional uses and structures. development standards. and supplemental distnct regulauons for the Growth Management (GW Distnct shall he as provided for the General Aericultuctl (AG) Distnct as set forth in Section 9-3.401 of this arucle. (§ 3.4.23. Ord. 293) S,n lu,n C,ownno X0."1 388 • QUALIFICATIONS of THOMAS WALTER DRAKE, MAI Real Estate Appraiser PROFESSIONAL EXPERIENCE Real Estate Appraiser located at: 5100 Birch Street Suite 100 Newport Beach, CA 92660 Actively engaged as a real estate appraiser between 1972-1983 and most recently since January 1990. Formerly Associate Regional Director of Real Estate Investments; Director of Real Estate Investment Analysis and Major Loan Underwriter for Pacific Mutual Life Insurance Company for the period 1981-1989. PROFESSIONAL AFFILIATIONS Member, Appraisal Institute International Right of Way Association LICENSES Certified General, California Dept. of Real Estate Appraisers(#AG004203) Licensed Real Estate Broker, State of California, 1990 EDUCATION B.A. Degree in Business and Economics Westmont College, 1970 Specialty Courses - American Institute of Real Estate Appraisers Course II - Urban Properties Case Studies in Real Estate Appraising Litigation Valuation International Right of Way Association Acquisition of Partial Interests(#401) TYPES OF PROPERTIES APPRAISED Residential Single-family residence, condominiums, apartments, subdivisions, mobile home parks, planned unit developments, land, etc. Commercial Office buildings, shopping centers, hotels. Industrial Warehouses, manufacturing, R&D buildings, Multi -tenant properties. Others Feasibility studies, rental surveys.