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10-0810_RMV COMMUNITY DEVELOPMENT_Preliminary Title Report - lilllW-Wlk Fidelity National Title Company PRELIMINARY REPORT In response to the application far a policy of title insurance referenced herein, p'ideli(y National Tide Company hereby reports that it is prepm'ed to issue,ocau.ee tobe Issued. as of the date hereof, a policy or policies oftide insurance describing the land and the estate or interest therein hereinafter.set forth,insuring against loss r hick mm•he sustained by reason ofany defect,lien or encumbrance not.shown ormferred la as an exception herein or not excluded front coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policyfbrms. The printed Exceptions and Exclusions from the coverage and Li mations an Covered Risks ofsaid policyor policies are setforth in Attachment One. The policy to be issued may contain an arbitration clause. When rhe Amount of Insurance is less than that set forth in the arbitration clause all arbitrable natters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeouver's Policies of Tide Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liahilityfar certain coverages are also setforth in Attachment One. Copies of the policy forms should be rend. They are available from the office which issued this report. This report(and any supplements or amendments hereto)is issued solely for the purpose offacilitating the issuance of a policy of title insurance and no liahillty is assumed hereby. If it is desired that liability be assumed prior to the issuance ofa policy oftide insurance, a Binder or Commitment should be requested. The policy(s)of tide insurance to be issued hereunder will be policv(s) of Fidelity National Tide Insurance Company, a California corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meantto provieleyou with notice of matters which are not covered under the terms of the tide 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 ofthle and ntay not list all liens, defects and encumbrances affecting title to the laud. Fidelity National Title Company f SEAL �� 1 arrear ��iYv�lll � ton \�•�(V� Countersigned CLTA PMhminnry R,.n F..%1u iliM(11/17/06) KV Us o-r our Website: aaN h16'ccam Fidelity National Title Company ISSUING OFFICE. LMO hove Street,suite 310•Newport Beach,CA 92660 949 6225000•FAX Call for Fax PRELIMINARY REPORT Amended Title Officer: Steven Ball Title No.: 09-259917454-I-SB Locate No.: CAFNT0925-0925-0199-0259917454 TO: Morgan, Lewis&Bockius, LLP 5 Park Plaza, Suite 1750 Irvine,CA 92614 ATTN: Caleb Brinton IV YOUR REFERENCE: 628552-NP SHORT TERM RATE: PROPERTY ADDRESS: Vacant Land, Unincorporated Area, California EFFECTIVE DATE: August 18, 2010, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy- 1990 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: CITY OF SAN JUAN CAPISTRANO,a California municipal corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF JH\SB 05/11/2009 1 CLTA Relmmnery ft"d Porm-MMMe1(111 17/06) Title No. 09-259917454-I-SB Locate No. CAFNT0925-0925-0199-0259917454 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 7: THAT PORTION OF PARCEL 104 OF CERTIFICATE OF COMPLIANCE NO. CC 2001-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE,STATE OF CALIFORNIA,RECORDED JULY 26, 2001 AS INSTRUMENT N0.20010508635 OF OFFICIAL RECORDS,IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ALONG THE SOUTHWESTERLY LINE OF RANCHO MISSION VIEJO,AS SHOWN ON RECORD OF SURVEY NO.2006-1181,IN BOOK 218,PAGES 14 THROUGH 24, INCLUSIVE, OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS HAVING A BEARING AND DISTANCE OF "NORTH 5205724" WEST 4459.27' " ON SAID RECORD OF SURVEY;THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 52057'24"WEST 526.36 FEETTO A POINT HEREINAFTER REFERRED TO AS POINT"A';THENCE LEAVING SAID SOUTHWESTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF PARCEL TWO OF THE PLANNING AREA ONE DEVELOPMENT BOUNDARY AS APPROVED JULY 26,2006, BY THE ORANGE COUNTY PLANNING COMMISSION RESOLUTION NO. 06-05, AS SHOWN ON SAID RECORD OF SURVEY,THE FOLLOWING COURSES: NORTH 2038'15" EAST 301.76 FEET, NORTH 34°09'53" EAST 888.59 FEET, AND NORTH 23°20'42" EAST 814.28 FEET TO THE SOUTHERLY RIGHT-OF-WAY UNE OF ORTEGA HIGHWAY, AS DESCRIBED IN EXHIBIT"C" IN THE GRANT DEED TO THE COUNTY OF ORANGE, RECORDED AUGUST 1,2008,AS INSTRUMENT NO.2008000368965 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, THE FOLLOWING COURSES: NORTH 83°12'45"EAST 344.58 FEET, NORTH 6°47'15"WEST 19.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 6326.27 FEET,A RADIAL UNE OF SAID CURVE TO SAID POINT BEARS NORTH 3013'37"WEST,EASTERLY 24.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0013'11", NORTH 86059'34" EAST 256.57 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4579.70 FEET, EASTERLY 139.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1044'42", NON-TANGENT SOUTH 87043'55" EAST 90.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4591.70 FEET, A RADIAL UNE OF SAID CURVE TO SAID POINT BEARS SOUTH 5052'42"EAST,EASTERLY 275.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3026'38",NON-TANGENT NORTH 87016'57"EAST 71.92 FEET, SOUTH 10°12'54" EAST 4.17 FEET, SOUTH 59004'37"EAST 84.63 FEET, AND NORTH 8501607"EAST 18.27 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1550.00 FEET, A RADIAL UNE OF SAID CURVE TO SAID POINT BEARS NORTH 85017'19" EAST, SAID CURVE ALSO BEING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF LA PATA AVENUE,AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY, THE FOLLOWING COURSES: SOUTHWESTERLY 1103.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40046'40", SOUTH 36003'59" WEST 561.99 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1650.00 FEET,AND SOUTHWESTERLY 882.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30038'46", TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE NON-TANGENT SOUTH 84026'50"WEST 703.78 FEETTO A POINTON SAID SOUTHWESTERLY LINE OF RANCHO MISSION VIEJO, SAID POINT BEING DISTANT THEREON SOUTH 19017'44"EAST 213.59 FEET FROM THE POINT OF BEGINNING;THENCE NORTH 1901744"WEST 213.59 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED IN THE GRANT DEED TO THE COUNTY OF ORANGE RECORDED JANUARY 19, 2010,AS INSTRUMENT NO. 2010000024584 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. CREEK OPEN SPACE PARCEL: 2 CLTA Preliminary Report Forth-Modified(11/17106) EXHIBIT"A"(continued) Tlde No. 09-259917454-I-SB Locate No. CAFNT0925-0925-0199-0259917454 THAT PORTION OF PARCEL 104 OF CERTIFICATE OF COMPLIANCE NO. CC 2001-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JULY 26, 2001, AS INSTRUMENT NO. 20010508635 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" AS DESCRIBED IN PARCEL 1 HEREIN ABOVE; THENCE ALONG THE NORTHWESTERLY LINE OF PARCEL TWO OF THE PLANNING AREA ONE DEVELOPMENT BOUNDARY AS APPROVED JULY 26, 2006, BY THE ORANGE COUNTY PLANNING COMMISSION RESOLUTION NO. 06 05, AS SHOWN ON RECORD OF SURVEY NO. 2006-1181, IN BOOK 218, PAGES 14 THROUGH 24, INCLUSIVE, OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, THE FOLLOWING COURSES: NORTH 2038'15" EAST 301.76 FEET, NORTH 34009'53" EAST 888.59 FEET, AND NORTH 23020942" EAST 814.28 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ORTEGA HIGHWAY, AS DESCRIBED IN EXHIBIT "C" IN THE GRANT DEED TO THE COUNTY OF ORANGE, RECORDED AUGUST 1, 2008 AS INSTRUMENT NO. 2008000368965 OF SAID OFFICIAL RECORDS;THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,THE FOLLOWING COURSES: SOUTH 83012'45"WEST 55.42 FEET, SOUTH 6°47'15" EAST 40.00 FEET,AND SOUTH 83012'45"WEST 311.98 FEET TO THE SOUTHEASTERLY LINE OF PARCEL ONE OF SAID PLANNING AREA ONE DEVELOPMENT BOUNDARY,AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT HEREINAFTER REFERRED TO AS POINT "C''; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTHEASTERLY LINE,THE FOLLOWING COURSES: SOUTH 37043'28"WEST 358.30 FEET,SOUTH 27°51'21" WEST 469.69 FEET, SOUTH 38038'01" WEST 422.80 FEET TO THE BEGINNING OF A NON-TANGENT CURVE SOUTHEASTERLY HAVING A RADIUS OF 500.00 FEET,A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 5039'07" WEST, AND SOUTHWESTERLY 445.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50059'50"TO A POINT ON THE SOUTHWESTERLY LINE OF RANCHO MISSION,AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING DISTANT THEREON NORTH 52°57'24"WEST 746.21 FEET FROM THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE AND ALONG SAID SOUTHWESTERLY LINE SOUTH 5205724" EAST 746.21 FEET TO THE POINT OF BEGINNING. PARCELS: THAT PORTION OF PARCEL 104 OF CERTIFICATE OF COMPLIANCE NO. CC 2001-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JULY 26, 2001, AS INSTRUMENT NO. 20010508635 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C' AS DESCRIBED IN PARCEL 2 HEREIN ABOVE; THENCE ALONG THE SOUTHEASTERLY LINE OF PARCEL ONE OF THE PLANNING AREA ONE DEVELOPMENT BOUNDARY AS APPROVED JULY 26, 2006 BY THE ORANGE COUNTY PLANNING COMMISSION RESOLUTION NO. 06 05, AS SHOWN ON RECORD OF SURVEY NO. 2006-1181, IN BOOK 218, PAGES 14 THROUGH 24, INCLUSIVE, OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, THE FOLLOWING COURSES: SOUTH 37043'28"WEST 358.30 FEET, SOUTH 27051'21"WEST 469.69 FEET, SOUTH 38038'01"WEST 422.80 FEETTO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 5039'07" WEST, AND SOUTHWESTERLY 445.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50059'50" TO A POINT ON THE SOUTHWESTERLY LINE OF RANCHO MISSION VIEJO, AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 5205724" WEST 640.24 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHERLY RIGHT-OF- WAY LINE OF ORTEGA HIGHWAY, AS DESCRIBED IN EXHIBIT"C" IN THE GRANT DEED TO THE COUNTY OF ORANGE, RECORDED AUGUST 1, 2008 AS INSTRUMENT NO. 2008000368965 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,THE FOLLOWING COURSES: NORTH 53°03'40"EAST 15.49 FEET,SOUTH 36056'20" EAST 3.50 FEET, NORTH 53003940" EAST 308.58 FEETTO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 7044.30 FEET, NORTHEASTERLY 299.61 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2026'13", NORTH 50037'27" EAST 81.26 FEET, SOUTH 39022'52"EAST 3.07 FEET, NORTH 50037'08" EAST 210.25 FEET, NORTH 57051104" EAST 71.12 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1474.06 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39024'19"WEST, NORTHEASTERLY 210.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 801170", NON-TANGENT SOUTH 25°11'17'EAST 13.07 FEET, NORTH 80°23'21" EAST 29.94 FEET, NORTH 61008136" EAST 68.00 FEET, NORTH 29011132"WEST 11.61 FEET, NORTH 42004'13" EAST 30.05 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1530.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 24059'51" WEST, NORTHEASTERLY 254.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9032'00", ALONG A RADIAL LINE OF SAID CURVE NON TANGENT SOUTH 15027151" EAST 50.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1480.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 1502751" WEST, NORTHEASTERLY 224.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8040'36" AND NORTH 3 CLTA Preliminary Report Form-Modelled(11117106) EXHIBIT"A"(continued) Title No. 09-259917454-I-SB Locate No. CAFNT0925-0925-0199-0259917454 83012'45" EAST 45.72 FEET TO THE POINT OF BEGINNING. LA PATA OPEN SPACE PARCEL A: THAT PORTION OF PARCEL 104 OF CERTIFICATE OF COMPLIANCE NO. CC 2001-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE,STATE OF CALIFORNIA,RECORDED JULY 26, 2001, AS INSTRUMENT NO. 20010508635 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT"B" AS DESCRIBED IN PARCEL 1 HEREIN ABOVE; THENCE SOUTH 84°26'50" WEST 703.78 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF RANCHO MISSION VIEJO, AS SHOWN ON RECORD OF SURVEY NO. 2006-1181, IN BOOK 218, PAGES 14 THROUGH 24, INCLUSIVE,OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING DISTANT THEREON SOUTH 19017'44" EAST 213.59 FEET FROM THE POINT OF BEGINNING OF SAID PARCEL 1; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY LINES OF SAID PARCEL 104,THE FOLLOWING COURSES: SOUTH 19017'44"EAST 1017.75 FEET,NORTH 58002'03"EAST 484.09 FEET,NORTH 5046'10"WEST 452.96 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1650.00 FEET, AND NORTHERLY 322.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11011'23"TO THE POINT OF BEGINNING. LA PATA OPEN SPACE PARCEL B: THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. LL 2003-004, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MARCH 19, 2003, AS INSTRUMENT NO.20030000294469 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF LA PATA AVENUE. APN: 125-172-07 and 125-172-17 4 CITA Preliminary Report Forth-Modified(11117106)