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HomeMy WebLinkAboutMCN 12-056 Application Materials CITY OF FONTANA PLANNING DIVISION APPLICATION & APPLICANT INFORMATION Department Use Only Master Case No. / -© � Case No. /7f 1 /z ..o 1 Case No. Case No. CU P /I -0 3 3 Case No. Case No. rPM / ? -p/6 Case No. Submittal Date: Received By: Related Case: Gt'i• �t?.�l'j� or4 Please check all application types that apply: Administrative Site Plan: Lot Merger: Administrative Site Plan Amendment: Master Sign Program: Administrative Site Plan Modification: Minor Use Permit:(ABC Lic Change): Administrative Variance: Minor Use Permit:(Comm): Annexation Consent: Minor Use Permit Amendment: Annex(Irrevocable Agreement Exist): Re-Build Letter: Annex(Irrevocable Agreement New): Specific Plan: Appeal(Aggrieved Person): Specific Plan Amendment: Appeal(Project Applicant): Temporary Use Permit: City Council/Planning Comm Interp: Temporary Sign Permit: Community Plan Amendment: Tentative Parcel Map(Residential): Conditional Use Permit(Res.): Tentative Parcel Map(Comm/Indust.): Conditional Use Permit(Comm.):`/vy 0 Stet V Tentative Parcel Map(Minor Modification): Conditional Use Permit Amendment: Tentative Parcel Map(Major Modification): Conditional Use Permit/Res.Child Care: Tentative Parcel Map Time Extension: Conditional Use Permit(New ABC Lic): Tentative Tract Map(Residential): Design Review(Residential): Tentative Tract Map(Comm/Indust): Design Review(Comm/Indust): Tentative Tract Map(Minor Modification): Design Review Amendment: Tentative Tract Map(Major Modification): Design Review Modification: Tentative Tract Map Time Extension: Design Review Sign: Tentative Tract Map(Vesting): Development Agreement: Variance: Development Code Amendment: Zone Change: General Plan Amendment(Minor): Zone Change Consistency: General Plan Amendment(Major): Zoning Determination: Home Occupation Permit: Zoning Letter: Lot Line Adjustment: Other For additional Info call(909)350-6717 S:\Planning\New Applications\Aplication form.doc Page 1 of 5 Rev.8/07/06 a Application Information .,s Please provide all applicable information. Failure to do so may result in significant processing delays. Applicant's Information: Company Name (if any): Wal-Mart Real Estate Business Trust Aro Contact Person: Jason Sheridan Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip:72716 Bus. Phone: Cell Phone: Fax: E-Mail (if any): Jason.Sheridana.wal-mart.com Contact Person: Peter Ritchey-Nasland Engineering «., Mailing Address:4740 Ruffner Street City:San Diego State:CA Bus. Phone: (858)292-7770 Cell Phone: Fax: (858)571-3241 E-Mail (if any): Deter(a.nasland.com Engineer. Peter Ritchey-Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State:CA Zip:92111 Bus. Phone: (858)292-7770 Cell Phone: • Fax: (858)571-3241 E-Mail (if any): peter(anasland.com ar Architect:Tim Welsh Mailing Address:,16808 Armstrong Avenue. Ste. 100 City:Irvine State:CA Zip:92606 a Bus. Phone: (949)223-9507 Cell Phone: Fax: (949)870-2065 E-Mail(if any): Tim.Welsh @WDPartners.com so Property Owner's Information (If more than three,add separate sheet): Name: Wal-Mart Real Estate Business Trust Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip:72716 s Bus.Phone: Cell Phone: Fax: a E-Mail (if any): Jason.Sheridan @wal-mart.com .. Name: Mailing Address: +rr City: State: Zip: Bus. Phone: Cell Phone: A„ Fax: E-Mail(if any): es Name: „�. Mailing Address: City: State: Zip: 40 Bus.Phone: Cell Phone: Fax: �. E-Mail(if any): a a a S:1PlanningWew Applications■Aplication form.doc Page 2 of 5 Rev.8/07/06 .�r WO +rr CITY OF FONTANA PLANNING DIVISION 41 APPLICATION PROJECT INFORMATION The following information is required for all applications. Also,please complete specific project information. 'P Assessor's Parcel Number(s) Provide full nine digit number which shall include the book, page,and parcel for each parcel within the project. (If more than nine parcels, add separate sheet.) Mk 0194 - 371 -12 0194 - 371 -15 0194 - 371 -13 0194 - 371 -16 0194 - 371 -14 a Project Location (Must be given as appropriate by street address, closest cross street, and most recent available Thomas Brothers Coordinates, or other information that may convey the location of the property):project is located on the southeast corner of Sierra Avenue and Slover Avenue, south of the Interstate 10 Freeway. Mik General Plan Designation(s) Zoning District(s) (If more than one GP land use (If more than one Zoning District list Designation, list designation for each parcel) District for each parcel) Light Industrial (I-L) Light Industrial (M-1) 411 Specific Plan Designation(s) (If more than one Specific Plan Designation, list Designation for each parcel) N/A M a W is Na►'t me(If any): vv M ar Miscellaneous Information, notes,comments,etc that you wish to provide. 4 S:\Planning\New Applications\Aplication form.doc Page 3 of 5 Rev.8/07/06 es +ur CITY OF FONTANA PLANNING DIVISION APPLICATION AFFIDAVITS .0 "" An application affidavit is required for all applications except the following: Appeal, Development Code Amendment, Re-build letter,or Zoning Letter application. 4. «. Property Owner(s)Affidavit: arr I/We, John Clarke, VP of Real Estate, Wal-Mart Real Estate Business Trust Please Print Name(s) hereby state that I/we are the property owner of the entire property involved in this application and I/we give permission for the filing of this •ppiicati . Property Owner(s)Signature/ _r% Property Owner(s)Signature: Print/Type Name: John Clarke Print/Type Name: The property owner affidavit must be signed by the property owner or authorized representative of a _IPA corporation, before a notary. (Please attach Notary Acknowledgement) Applicant's Affidavit: I/we have familiarized ourselves with the requirements of the City of Fontana Planning Division filing requirements and the information provided in this application are true and correct to our knowledge. I/we understand that this application represents a prelimina submittal and will not be officially filed until such time as Notice of Official Filing is issued b e Planni Division. aril Applicant's Signature: Print/Type Name: Joh Clar e, P of Re Estate sio s id di di S:\Planning\New Applications\Aplication form.doc Page 4 of 5 Rev.8/07/06 rr CITY OF FONTANA PLANNING DIVISION APPLICATION SUBMITTAL REQUIREMENTS The following items are required to be submitted at time of application. Prior to actual filing an application all applicants are strongly encouraged to contact the Planning Division(909.350.6728)to schedule a pre-filing meeting. The following items are required for all applications(Also,see specific application requirements): ❑ Application Form:The appropriate application forms shall be completed. ❑ Filing Fee:The appropriate filing fees will need to be submitted a time of application.A fee schedule is attached. ❑ Mailing List:One list of all persons owning property within 300 feet for an Administrative Site Plan and Administrative Variance applications or 660 feet for a Community Plan Amendment,Design Review,Specific Plan,Tentative Tract Map,Time Extension,Zone Change,Annexation,Development Code Amendment, Community Plan Amendment,Conditional Use Permit,Minor Use Permit,General Pan Amendment,Specific Plan Amendment,Tentative Parcel Map,and Variance application.A mailing list Is not required for an Appeal, Temporary Sign Permit,Design Review Sign,or Temporary Use Permit application.The mailing list shall contain the following: ❑ 1"x 2 3%"Self-adhesive address labels ❑ Names,addresses and assessor's parcels numbers (Note:the mailing list information shall be obtained from the latest San Bernardino County Equalized Assessments Rolls. Planning Division shall not accept an ownership list which bears a date MORE THAN 90 DAYS PRIOR to the date of the FIRST PUBLIC HEARING.) ❑ Assessor's maps showing the subject site and all properties within 300(Administrative Site Plan)or 660 feet (all other projects)of the exterior boundaries of the project site.The Assessor's pages shall be full size (11"x17")with the appropriate radius clearly drawn in red ink or pencil. ❑ One pre-stamped business size envelope prepared for mailing for each name on the mailing list.The return address on the envelope shall read: City of Fontana Planning Division Stamp 8353 Sierra Avenue Fontana,CA 92335 000-000-00(Assessor's Parcel No.) Property Owners Name Address Fontana,CA 92335/6 ❑ The mailing address on the envelope shall contain the assessor's parcel number and the property owner's name and address. ❑ A second set of envelopes shall be submitted for projects requiring a public hearing before the City Council(Zone Changes,Development Code Amendments,General Plan Amendments, Specific Plans,Community Plans,and Specific or Community Plan Amendments. ❑ Environmental:A completed Environmental Information Form(attached). O Preliminary Title Report:A current Title Report within the last three(3)months. O Water Quality Management Plan:A complete Water Quality Management Plan prepared by a registered Civil Engineer licensed by the State of California. ❑ Notification Sign:Installation of one 4'x 8'notification sign on each street.(See information sheet for required sign information,sign height,letter height,etc.) S:1PlanningWew Applications lAplication form.doc Page 5 of 5 Rev.8/07/06 E L O LL a 0 E O C ra C w E 0 L a W d' Application Information Please provide all applicable information. Failure to do so may result in significant processing delays. Applicant's Information: Company Name (if any): Wal-Mart Real Estate Business Trust Contact Person: Jason Sheridan Mailing Address:2001 SE 10th Street City:Bentonville _ AR Zip:72716 Bus. Phone: '41-9- b'l-2502. Cell Phone: Fax: E-Mail (if any): Jason.Sheridanwal-mart.com Contact Person: Peter Ritchey-Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State: CA Zip:92111 Bus. Phone: (858)292-7770 Cell Phone: Fax: (858)571-3241 E-Mail (if any): peter(a�nasland.com Engineer: Peter Ritchey- Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State: CA Zip:92111 Bus. Phone: (858)292-7770 Cell Phone: Fax: (858)571-3241 E-Mail (if any): peternasland.com Architect:Tim Welsh Mailing Address: 16808 Armstrong Avenue, Ste. 100 City: Irvine State: CA Zip:92606 Bus. Phone: (949)223-9507 Cell Phone: Fax: (949)870-2065 E-Mail (if any): Tim.Welsh @WDPartners.com Property Owner's Information (If more than three, add separate sheet): Name: Wal-Mart Real Estate Business Trust Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip: 72716 Bus. Phone: ')7 1- -o'-2so Z Cell Phone: Fax: E-Mail (if any): Jason.Sheridan @wal-mart.com Name: Mailing Address: City: State: Zip: Bus. Phone: Cell Phone: Fax: E-Mail (if any): Name: Mailing Address: City: State: Zip: Bus. Phone: Cell Phone: Fax: E-Mail (if any): S:\Planning\New Applications\Aplication form.doc Page 2 of 5 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION APPLICATION PROJECT INFORMATION The following information is required for all applications. Also, please complete specific project information. Assessor's Parcel Number(s) Provide full nine digit number which shall include the book, page, and parcel for each parcel within the project. (If more than nine parcels, add separate sheet.) 0194 - 371 -12 0194 - 371 -15 0194 - 371 -13 0194 - 371 -16 0194 - 371 -14 Project Location (Must be given as appropriate by street address, closest cross street, and most recent available Thomas Brothers Coordinates, or other information that may convey the location of the ro ert pThe project is located on the southeast corner of Sierra Avenue and Slover Avenue, south of the Interstate 10 Freeway. General Plan Designation(s) Zoning District(s) (If more than one GP land use (If more than one Zoning District list Designation, list designation for each parcel) District for each parcel) Light Industrial (I-L) Light Industrial (M-1) Specific Plan Designation(s) (If more than one Specific Plan Designation, list Designation for each parcel) N/A W al art (if any): Miscellaneous Information, notes, comments, etc that you wish to provide. S:\Planning New Applications\Apication form.doc Page 3 of 5 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION APPLICATION AFFIDAVITS An application affidavit is required for all applications except the following: Appeal, Development Code Amendment, Re-build letter, or Zoning Letter application. Property Owner(s) Affidavit: I/We, John Clarke, VP of Real Estate, Wal-Mart Real Estate Business Trust Please Print Name(s) hereby state that I/we are the property owner of the entire property involved in this application and I/we give permission for the filing of this?pplicati . Property Owner(s) Signatur . Property Owner(s) Signature: Print/Type Name: John Clarke Print/Type Name: The property owner affidavit must be signed by the property owner or authorized representative of a corporation, before a notary. (Please attach Notary Acknowledgement) Applicant's Affidavit: I/we have familiarized ourselves with the requirements of the City of Fontana Planning Division filing requirements and the information provided in this application are true and correct to our knowledge. I/we understand that this application represents a preliminary 1 submittal and will not be officially filed until such time as Notice of Official Filing is issued by a Planni Division. / ! Applicant's Signature: Print/Type Name: Joh C/--. . P of Re Estate S:\Planning\New Applications Wplication form.doc Page 4 of 5 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION APPLICATION SUBMITTAL REQUIREMENTS The following items are required to be submitted at time of application. Prior to actual filing an application all applicants are strongly encouraged to contact the Planning Division(909.350.6728)to schedule a pre-filing meeting. The following items are required for all applications(Also,see specific application requirements): ❑ Application Form:The appropriate application forms shall be completed. ❑ Filing Fee:The appropriate filing fees will need to be submitted a time of application.A fee schedule is attached. ❑ Mailing List:One list of all persons owning property within 300 feet for an Administrative Site Plan and Administrative Variance applications or 660 feet for a Community Plan Amendment,Design Review,Specific Plan,Tentative Tract Map,Time Extension,Zone Change,Annexation,Development Code Amendment, Community Plan Amendment,Conditional Use Permit,Minor Use Permit,General Pan Amendment,Specific Plan Amendment,Tentative Parcel Map,and Variance application.A mailing list is not required for an Appeal, Temporary Sign Permit, Design Review Sign,or Temporary Use Permit application.The mailing list shall contain the following: ❑ 1"x 2 3/4"Self-adhesive address labels ❑ Names,addresses and assessor's parcels numbers (Note:the mailing list information shall be obtained from the latest San Bernardino County Equalized Assessments Rolls. Planning Division shall not accept an ownership list which bears a date MORE THAN 90 DAYS PRIOR to the date of the FIRST PUBLIC HEARING.) ❑ Assessor's maps showing the subject site and all properties within 300(Administrative Site Plan)or 660 feet (all other projects)of the exterior boundaries of the project site.The Assessor's pages shall be full size (11"x17")with the appropriate radius clearly drawn in red ink or pencil. ❑ One pre-stamped business size envelope prepared for mailing for each name on the mailing list.The return address on the envelope shall read: City of Fontana Planning Division Stamp 8353 Sierra Avenue Fontana,CA 92335 000-000-00(Assessor's Parcel No.) Property Owners Name Address Fontana,CA 92335/6 ❑ The mailing address on the envelope shall contain the assessor's parcel number and the property owner's name and address. ❑ A second set of envelopes shall be submitted for projects requiring a public hearing before the City Council(Zone Changes,Development Code Amendments,General Plan Amendments, Specific Plans,Community Plans,and Specific or Community Plan Amendments. ❑ Environmental: A completed Environmental Information Form(attached). ❑ Preliminary Title Report:A current Title Report within the last three(3)months. ❑ Water Quality Management Plan:A complete Water Quality Management Plan prepared by a registered Civil Engineer licensed by the State of California. ❑ Notification Sign:Installation of one 4'x 8'notification sign on each street.(See information sheet for required sign information,sign height,letter height,etc.) S:\Planning\New Applications\Aplication form.doc Page 5 of 5 Rev.8/07/06 FONTANA 10:26 am City of Fontana 10/04/2012 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7640 Planning Invoice Case No: DRP12-000019 Invoice Date: 10/04/2012 Parcel No: 019437114 Project Type: DRP Project Subtype: COMMERCIAL Site Address: 10591 SIERRA AV, FONTANA, CA 92337 Owner Information Applicant Information Paver of Fee Information MR JASON SHERIDAN WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: WAL-MART PROPOSAL TO REVIEW THE SITE AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A NEW WAL-MART STORE OF APPROXIMATELY 194538 SQ.FT.AND RETAIL/FOOD SPACE OF APPROXIMATELY 24,850 SQ.FT. Fee Amount Due DESIGN REVIEW ENGINEERING REVIEW 1,340.00 COMMERCIAL/INDUSTRIAL>20 AC 9,703.00 POLICE REVIEW 82.00 DESIGN REVIEW-FIRE 802.00 On Fee Totals: $11,927.00 Invoiced By:JSD PLANNING Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 CI?'iW FONTANA • 10:26 am City of Fontana �+ 10/04/2012 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7640 Planning Invoice Case No: CUP12-000033 Invoice Date: 10/04/2012 Parcel No: 019437114 Project Type: CUP Project Subtype: COMMERCIAL Site Address: 10591 SIERRA AV, FONTANA, CA 92337 Owner Information Applicant Information Paver of Fee Information WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: MAL-MART PROPOSED APPROVAL FOR THE AUTO SERVICE CENTER FOR WAL-MART WITHIN THE NEW WAL-MART STORE. Fee Amount Due CONDITIONAL USE PERMIT CONDITIONAL USE REVIEW-FIRE 460.00 POLICE REVIEW 82.00 COMMERCIAL/INDUSTRIAL>10 AC 6,418.00 rjy Fee Totals: $6,960.00 Invoiced By:JSD PLANNING Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 CR I I r FONTANA 10:25 am City of Fontana 10/04/2012 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7640 CALIf**Nit Planning Invoice Case No: TPM12-000010 Invoice Date: 10/04/2012 Parcel No: 019437114 Project Type:TPM Project Subtype: INDUSTRIAL Site Address: 10591 SIERRA AV, FONTANA, CA 92337 Owner Information Applicant Information Payer of Fee Information WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: WAL-MART Fee Amount Due TENTATIVE PARCEL MAP TPM REVIEW-FIRE 369.00 POLICE REVIEW 20.00 ENGINEERING REVIEW 1,425.00 COMMERCIAL/INDUSTRIAL 7,290.00 oci Fee Totals: $9,104.00 Invoiced By:JSD PLANNING Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 10:53 am FONTANA` City of Fontana 10/04/2012 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7640 Planning Invoice Case No: TPM12-000010 Invoice Date: 10/04/2012 Parcel No: 019437114 Project Type:TPM Project Subtype: INDUSTRIAL Site Address: 10591 SIERRA AV, FONTANA, CA 92337 Owner Information Applicant Information Paver of Fee Information WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: WAL-MART Fee Amount Due ARCHIVE 30.00 Fee Totals: $30.00 Invoiced By:JSD CASHIER Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 CRII111 FONTANA 10:56 am t City of Fontana 10/04/2012 8353 Sierra Avenue .na Fontana, CA 92335 (909) 350-7640 Planning Invoice Case No: DRP12-000019 Invoice Date: 10/04/2012 Parcel No: 019437114 Project Type: DRP Project Subtype: COMMERCIAL Site Address: 10591 SIERRA AV, FONTANA, CA 92337 Owner Information Applicant Information Paver of Fee Information MR JASON SHERIDAN WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: WAL-MART PROPOSAL TO REVIEW THE SITE AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A NEW WAL-MART STORE OF APPROXIMATELY 194538 SQ.FT.AND RETAIL/FOOD SPACE OF APPROXIMATELY 24,850 SQ.FT. Fee Amount Due FISH&GAME FILING CLERK OF THE BOARD FILING FEE 50.00 MITIGATED NEGATIVE DECLARATION 2,101.50 ENVIRONMENTAL SWQMP PC 1,400.00 PUBLICATION NOTICE 100.00 PROJECT SIGN DEPOSIT 300.00 ARCHIVE 30.00 Fee Totals: $3,981.50 Invoiced By:JSD PLANNING Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 CItW FONTANA • 10:52 am # City of Fontana 10/04/2012 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7640 Planning Invoice Case No: CUP12-000033 Invoice Date: 10/04/2012 Parcel No: 019437114 Project Type: CUP Project Subtype: INDUSTRIAL Site Address: 10591 SIERRA AV, FONTANA, CA 92337 Owner Information Applicant Information Payer of Fee Information WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS WAL-MART REAL ESTATE BUSINESS PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE P BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: MAL-MART PROPOSED APPROVAL FOR THE AUTO SERVICE CENTER FOR WAL-MART WITHIN THE NEW WAL-MART STORE. Fee Amount Due ARCHIVE 30.00 Fee Totals: $30.00 Invoiced By:JSD CASHIER Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 CRW FROM FAX NO. :5i 2_ c1�3gel4j Sep. 12 2002 10:33AM P5 Bussutalausals OWNERSHIP LIST AND RADIUS MAP STATEMENT THE FOLLOWING STATEhf1^NT IS TO BE SICrN'ED AND SUBMITTED WITH THE APPLICATION I hereby certify that to the hest of my knowledge the ownership list and radius _nap correctly depicts the required data obtained from records of the San Bernardino County Assessor's Office. I further hereby certify that 10 the best of my knowledge and under penalty of perjury,the ownership list submitted with my application correctly shows the latest names and addresses on the San Bernardino County Assessor's records as of 0/ • •artw Ii I . (Signature) ` 64174- frit d= ' (Printed Na;ne) OWNERSHIP LISTING SERVICE Notification Services Variances•Cups•ABC's AOMD'S • Maps • Lists CATHY McDERMOTT Phone(951)699-8064 Fax(951)699-8064 Stewart Title of California, Inc Stewart ' 760 West Main Street ►title of California, Inc. El Centro,CA 92243 (760)335-3980 Phone PRELIMINARY REPORT Order Number : 429969 Title Unit Number : 7434 Your File Number : 07032009 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on 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 and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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 thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the,issuance of a policy of title insurance a binder or commitment should be requested. Dated as of: April 25,2012 at 7:30 a.m. Update No. I Kaz Bernath,Title Officer When replying, lease contact: N { Stephanie Natalino Stewart National Title Services 2 N La Salle St Ste 1400 Chicago,Illinois 60602-4037 • (312) 849-4400 File Number: 429969 Page I of 9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: ❑ California Land Title Association Standard Coverage Policy { ❑ American Land Title Association Owners Policy ❑ American Land Title Association Residential Title Insurance Policy ❑ American Land Title Association Loan Policy ❑CLTA/ALTA Homeowners Policy ❑ALTA Short Form Residential Loan Policy(06/16/07) ❑2006 ALTA Loan Policy © Preliminary Report SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: Wal-Mart Real Estate Business Trust,a Delaware statutory trust } II File Number: 429969 Page 2 of 9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California,County of San Bernardino,City of San Bernardino,and described as follows: Parcel I: Parcel 2 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Excepting therefrom,the Easterly 5.48 feet thereof. • (APN: 0194-371-12) • Parcel II: Parcel 3 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71, in the office of the County Recorder of San Bernardino County. Together with the Easterly 5.48 feet of Parcel 2 of said Parcel Map No. 16264. (APN: 0194-371-13) Parcel III: Parcel 4 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Excepting therefrom,the Southerly 67.00 feet and the Easterly 7.87 feet thereof. (APN: 0194-371-14) Parcel IV: Parcel 5 of Parcel Map 16264,in the City of Fontana,County of San Bernardino, State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Together with the Southerly 67.00 feet of Parcel 4 of said Parcel Map No, 16264. Excepting therefrom the Easterly 7.87 feet thereof. (APN: 0194-371-15) Pa e3of9 File Number: 429969 S Parcel V: Parcel 6 of Parcel Map 16264,in the City of Fontana,County of San Bernardino, State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Together with the Easterly 7.87 feet of Parcels 4 and 5 of said Parcel Map No. 16264. (Said legal descriptions are pursuant to Lot Line Adjustment LLA 05-011 as recorded September 1,2005 as Instrument No. 2005-0654956 of Official Records.) Excepting from Parcels I through V above,the entire mineral estate in the property described,lying not less than 500 feet beneath the natural surface,including all substances which have been discovered or which may in the future be discovered upon or under the property described,which are now or may in the future be valuable,and which are now or may be in the future enjoyed through extraction from the property described, without limiting the generality of the foregoing,the mineral estate shall include all forms of geothermal energy, all coal,all gases,all hydrocarbon substances,all fissionable materials,all metallic minerals,and all non-metallic minerals, as reserved by Southern Pacific Land Company,a California corporation recorded December 18, 1987 as Instrument No. 87-442421 Official Records. (End of Legal Description) ' a 1 File Number: 429969 Page 4 of 9 SCHEDULE B At the date hereof,exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. Intentionally deleted. B. Intentionally deleted. C. Intentionally deleted. D. Intentionally deleted. E. Intentionally deleted. F. The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. G. Assessments,if any,for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. H. Property taxes,which are a lien not yet due and payable,including any assessments collected with taxes,to be levied for the fiscal year 2012—2013. Exceptions: 1. Water rights,claims or title to water in or under said land,whether or not shown by the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose: pipe lines Recorded: May 31, 1906 in Book 377 Page 238 of Official Records 3. The fact that said land is included within a project area of the City of Fontana, Sierra Corridor Commercial Redevelopment Project Area, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law(such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document recorded April 19, 1991,as Instrument Numbers 91-131778 and 91-131779, and June 23, 1992 as Instrument No.92-262893, all of Official Records. • 4. Easements as shown and/or dedicated upon the Parcel Map,recorded in Book 203,Page 67,in the Office of the County Recorder of San Bernardino County. 5. Terms,provisions,covenants,conditions,restrictions and easements,but omitting any covenant, condition or restriction, if any,based on race,color,condition or restriction(a)is exempt under Title 42 of the United States Code,or(b)relates to handicap,but does not discriminate against handicapped persons. Said covenants,conditions and restrictions provide that violation thereof shall File Number: 429969 Page 5 of 9 not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value: Recorded: August 18,2004 as Instrument No. 04-599431 of Official Records Section 12956.1 of the government code provides the following: If this document contains any restrictions based on race, color,religion,sex,familial status,marital status,disability,national origin or ancestry that restriction violates state and federal fair housing laws and is void,and may be removed pursuant to Section 12956.1 of the government code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 6. Matters contained in an instrument entitled"Memorandum of Sierra Business Park Development Agreement No. 1"dated July 30,2004,by and between City of Fontana and Sierra Business Park, LLC upon the terms therein provided recorded August 18,2004,as Instrument No.04-599432 of Official Records. Reference is made to said document for full particulars. 7. Matters contained in an instrument entitled"Memorandum of Sierra Business Park Disposition Agreement"dated August 6,2004,by and between The Fontana Redevelopment Agency and Sierra Business Park,LLC upon the terms therein provided recorded August 18,2004,as Instrument No. 04-599433 of Official Records. Reference is made to said document for full particulars. 8. Terms,provisions, covenants,conditions,restrictions and easements,but omitting any covenant, condition or restriction,if any,based on race,color,condition or restriction(a)is exempt under Title 42 of the United States Code,or(b)relates to handicap,but does not discriminate against handicapped persons. Said covenants,conditions and restrictions provide that violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value: Recorded: August 18,2004 as Instrument No. 04-599434,Official Records Section 12956.1 of the government code provides the following: If this document contains any restrictions based on race,color,religion,sex,familial status,marital status,disability,national origin or ancestry that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the government code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 9. Terms,provisions,covenants,conditions,restrictions and easements,but omitting any covenant, condition or restriction,if any,based on race,color,condition or restriction(a)is exempt under Title 42 of the United States Code,or(b)relates to handicap,but does not discriminate against handicapped persons. Said covenants, conditions and restrictions provide that violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value: Recorded: September 17,2004 as Instrument No. 04-680113,Official Records Section 12956.1 of the government code provides the following: If this document contains any restrictions based on race,color,religion,sex,familial status,marital status,disability,national origin or ancestry that restriction violates state and federal fair housing laws and is void,and may be removed pursuant to Section 12956.1 of the government code. Lawful restrictions under state and federal law on age of occupants in senior housing or he using for older persons shall not be construed as restrictions based on familial status. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose: access and utilities Recorded: September 17, 2004 as Instrument No.04-680113,Official Records File Number: 429969 Page 6 of 9 11. Intentionally deleted. 12. Matters contained in an instrument entitled"Stormwater Treatment Device and Control Measure Access and Maintenance Agreement"dated June 5,2006,by and between Sierra Gateway Partners, LLC and the City of Fontana upon the terms therein provided recorded June 13,2006, as Instrument No. 06-402992 of Official Records. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: Southern California Edison Company Purpose: public utilities Recorded: July 26,2006 as Instrument No.06-505768,Official Records 14. Matters contained in an instrument entitled"Reciprocal Easement and Parking Agreement"dated August 30,2007,by and between Sierra Hotel Group,LLC and Wal-Mart Real Estate Business Trust upon the terms therein provided recorded September 4,2007,as Instrument No.07-510014 of Official Records. Reference is made to said document for full particulars. 15. Intentionally deleted. 16. Intentionally deleted. 17. Rights of tenants in possession as tenants only under unrecorded leases. 18. Intentionally deleted. 19. A reservation of the entire mineral estate in the property described,lying not less than 500 feet beneath the natural surface,including all substances which have been discovered or which may in the future be discovered upon or under the property described,which are now or may in the future be valuable,and which are now or may be in the future enjoyed through extraction from the property described,without limiting the generality of the foregoing,the mineral estate shall include all forms of geothermal energy, all coal,all gases,all hydrocarbon substances,all fissionable materials,all metallic minerals,and all non-metallic minerals,as reserved by Southern Pacific Land Company,a California corporation recorded December 18, 1987 as Instrument No. 87-442421 Official Records. 20. Rights or claims of parties in possession and easements or claims of easements not shown by the public records,boundary line disputes overlaps,encroachments,and any matters not of record,which would be disclosed by an accurate survey,and inspection of the land. (End of Exceptions) 99 File Number: 429969 Page 7 of 9 NOTES AND REQUIREMENTS Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation,please contact your title officer immediately for further review. 1 a a . 1 File Number: 429969 Page 8 of 9 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution,and Stewart Title of California,Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File Number: 429969 Page 9 of 9 :3ue11OD 6966 'P :xepso T 10 7 :abed LE'P61. dept' sossear'1y VV'ouWpseuself ues :uojgdFsosea Q. . qie • P r• / An 4 (''A.��{ O N 1'x7.'11-,J. Sa 0254 `-"-. 1r� 1 y 7.z r .6._-- it Vi II-—--—----. —-----IWEiiUE—--- !^ d b Kwl • �^ Ii;;;" e - 173 131.41 117.17 1 1 .4..-... : Is Par. 2 _ HI e 4 no y I 117 71' ••• Fur. 1 hr. 2 hr. 3 _ i e 6 I 11430 I ■ ,. • 0255 1 ti�911"k 7J - I7 e. 04 I _ Q,�, e 1.5) AC. 7.16 AC. 2.13 At. •y C 7!1.41 531.11 4751 1 171.!7 474,1 v y I _ =w I I p - 1 3 I N For. 4 } ' 4.., 1 e "' Par. B II I I 4 1 - p ;1i I 4.42 AC. -0 ' I C 6 14 ,00.) • 0255 1 - 1 . Irx.n 1.53 AC. I r G I Phi. Par. 12 a I co a 'I p 1 ' I Par. 5b , uI ■ ` 1.41 AC. 1401%.1.1% 40 1%1. 1 N Q A �'� I -... 1 0255 I ne,e7 447 s by I .! s --444N410i00-- -3-i s ¢i-- s -'-1 06 c� a I--- 135,1{ 1117.7Q :.b) — 717.17 d 1 • I ,--1.17/ I . }7.e4 I rt =6,17 1 4 .�Z 0255 � Par. 7 1 0 1• 'r.Par. 1 . 7.24 At. - 77 W I I (434 AC�1 . i - IL 17,60 At, I • ca 1 (477.77) (9.34 At,) I 1 Iv 1 1 1 w I I Par. 8 I ! NWS I 11.51 AC.) 7 o en 1 OK 9 SC W 1 Y a e�a I �` •1w1 A71 ra g 0255 ---. _ Jsu.71L r 1v7,tu a 1• - in 17 5) 111.0 311.91 91.13 m D A rn 18 1 . 1 Slw a o c Par. 10 Par. 11 Par. 12 I o 0 o es o N Y I Q a C-1 1 s C). " 1 4 o w 1 • 1 G 5.56 At, I i 117 (2.14 AC.) (7,59 AC,( (f.w AA,) 111 X • •V* ,p)11 p) - 1 0.300' yq s„ % _ 0-0 8 r Op 1 I Stewart Title of California, Inc stewar°t r 760 West Main Street 'title of california, inc. El Centro,CA 92243 (760)335-3980 Phone PRELIMINARY REPORT Order Number : 429969 Title Unit Number : 7434 Your File Number : 07032009 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on 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 and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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. 9j 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 thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the,issuance of a policy of title insurance a binder or commitment should be requested. Dated as of: April 25,2012 at 7:30 a.m. Update No. 1 Kaz Bernath,Title Officer When replying,please contact: Stephanie Natalino Stewart National Title Services 2 N La Salle St Ste 1400 Chicago,Illinois 60602-4037 (312)849-4400 File Number: 429969 Page I of 9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: ❑ California Land Title Association Standard Coverage Policy ❑ American Land Title Association Owners Policy ❑ American Land Title Association Residential Title Insurance Policy ❑ American Land Title Association Loan Policy ❑ CLTA/ALTA Homeowners Policy ❑ALTA Short Form Residential Loan Policy(06/16/07) ❑ 2006 ALTA Loan Policy ® Preliminary Report SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: Wal-Mart Real Estate Business Trust,a Delaware statutory trust File Number: 429969 Page 2 of 9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California,County of San Bernardino,City of San Bernardino,and described as follows: Parcel I: Parcel 2 of Parcel Map 16264,in the City of Fontana,County of San Bernardino, State of California as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Excepting therefrom,the Easterly 5.48 feet thereof. (APN: 0194-371-12) Parcel II: Parcel 3 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Together with the Easterly 5.48 feet of Parcel 2 of said Parcel Map No. 16264. (APN: 0194-371-13) Parcel III: Parcel 4 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Excepting therefrom,the Southerly 67.00 feet and the Easterly 7.87 feet thereof. (APN: 0194-371-14) • Parcel IV: Parcel 5 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Together with the Southerly 67.00 feet of Parcel 4 of said Parcel Map No. 16264. Excepting therefrom the Easterly 7.87 feet thereof. (APN: 0194-371-15) 9 Page 3 of 9 File Number: 42. 969 Parcel V: Parcel 6 of Parcel Map 16264,in the City of Fontana,County of San Bernardino,State of California,as per map recorded in Book 203 of Parcel Maps,Pages 67 through 71,in the office of the County Recorder of San Bernardino County. Together with the Easterly 7.87 feet of Parcels 4 and 5 of said Parcel Map No. 16264. (Said legal descriptions are pursuant to Lot Line Adjustment LLA 05-011 as recorded September 1,2005 as Instrument No.2005-0654956 of Official Records.) Excepting from Parcels I through V above,the entire mineral estate in the property described,lying not less than 500 feet beneath the natural surface,including all substances which have been discovered or which may in the future be discovered upon or under the property described,which are now or may in the future be valuable,and which are now or may be in the future enjoyed through extraction from the property described, without limiting the generality of the foregoing,the mineral estate shall include all forms of geothermal energy, all coal,all gases,all hydrocarbon substances,all fissionable materials,all metallic minerals,and all non-metallic minerals,as reserved by Southern Pacific Land Company,a California corporation recorded December 18, 1987 as Instrument No. 87-442421 Official Records. (End of Legal Description) File Number: 429969 Page 4 of 9 or es SCHEDULE B At the date hereof,exceptions to coverage in addition to the printed exceptions and exclusions or contained in said policy or policies would be as follows: Taxes: A. Intentionally deleted. B. Intentionally deleted. C. Intentionally deleted. r D. Intentionally deleted. E. Intentionally deleted. IP F. The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. nr G. Assessments,if any,for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. or H. Property taxes,which are a lien not yet due and payable,including any assessments collected with taxes,to be levied for the fiscal year 2012—2013. Exceptions: 1. Water rights,claims or title to water in or under said land,whether or not shown by the public records. a 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose: pipe lines Recorded: May 31, 1906 in Book 377 Page 238 of Official Records ar 3. The fact that said land is included within a project area of the City of Fontana,Sierra Corridor Commercial Redevelopment Project Area,and that proceedings for the redevelopment of said project a have been instituted under the Redevelopment Law(such redevelopment to proceed only after the adoption of the redevelopment plan)as disclosed by a document recorded April 19, 1991,as as Instrument Numbers 91-131778 and 91-131779,and June 23, 1992 as Instrument No.92-262893,all of Official Records. a so. 4. Easements as shown and/or dedicated upon the Parcel Map,recorded in Book 203,Page 67,in the Office of the County Recorder of San Bernardino County. a 5. Terms,provisions,covenants,conditions,restrictions and easements,but omitting any covenant, condition or restriction, if any,based on race,color,condition or restriction(a)is exempt under Title a 42 of the United States Code,or(b)relates to handicap,but does not discriminate against handicapped persons. Said covenants,conditions and restrictions provide that violation thereof shall es File Number: 429969 Page 5 of 9 ar +rr 4110 not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value: Recorded: August 18,2004 as Instrument No.04-599431 of Official Records Section 12956.1 of the government code provides the following: If this document contains any ar, restrictions based on race,color,religion,sex,familial status,marital status,disability,national origin or ancestry that restriction violates state and federal fair housing laws and is void,and may be removed pursuant to Section 12956.1 of the government code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 6. Matters contained in an instrument entitled"Memorandum of Sierra Business Park Development °' Agreement No. 1"dated July 30,2004,by and between City of Fontana and Sierra Business Park, LLC upon the terms therein provided recorded August 18,2004,as Instrument No.04-599432 of Official Records. Reference is made to said document for full particulars. vro 7. Matters contained in an instrument entitled"Memorandum of Sierra Business Park Disposition Agreement"dated August 6,2004,by and between The Fontana Redevelopment Agency and Sierra Business Park,LLC upon the terms therein provided recorded August 18,2004,as Instrument No. 04-599433 of Official Records. Reference is made to said document for full particulars. 8. Terms,provisions,covenants,conditions,restrictions and easements,but omitting any covenant, condition or restriction,if any,based on race,color,condition or restriction(a)is exempt under Title 42 of the United States Code,or(b)relates to handicap,but does not discriminate against handicapped persons. Said covenants,conditions and restrictions provide that violation thereof shall 41. not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value: Recorded: August 18,2004 as Instrument No.04-599434,Official Records Section 12956.1 of the government code provides the following: If this document contains any restrictions based on race,color,religion,sex,familial status,marital status,disability,national origin or ancestry that restriction violates state and federal fair housing laws and is void,and may be removed pursuant to Section 12956.1 of the government code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. * 9. Terms,provisions,covenants,conditions,restrictions and easements,but omitting any covenant, condition or restriction,if any,based on race,color,condition or restriction(a)is exempt under Title 42 of the United States Code,or(b)relates to handicap,but does not discriminate a Is inst handicapped persons. Said covenants,conditions and restrictions provide that violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value: Recorded: September 17,2004 as Instrument No.04-680113,Official Records `l Section 12956.1 of the government code provides the following: If this document contains any restrictions based on race,color,religion,sex,familial status,marital status,disability,national w origin or ancestry that restriction violates state and federal fair housing laws and is void,and may be removed pursuant to Section 12956.1 of the government code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. ar 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document: ai Purpose: access and utilities Recorded: September 17,2004 as Instrument No.04-680113,Official Records Filo Number: 429969 Page 6 of 9 • ar w a a 11. Intentionally deleted. a 12. Matters contained in an instrument entitled"Stormwater Treatment Device and Control Measure Access and Maintenance Agreement"dated June 5,2006,by and between Sierra Gateway Partners, ,rr LLC and the City of Fontana upon the terms therein provided recorded June 13,2006,as Instrument No. 06-402992 of Official Records. a 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: Southern California Edison Company Purpose: public utilities Recorded: July 26,2006 as Instrument No.06-505768,Official Records 14. Matters contained in an instrument entitled"Reciprocal Easement and Parking Agreement"dated August 30,2007,by and between Sierra Hotel Group,LLC and Wal-Mart Real Estate Business Trust as upon the terms therein provided recorded September 4,2007,as Instrument No.07-510014 of Official Records. Reference is made to said document for full particulars. .i� 15. Intentionally deleted. 16. Intentionally deleted. 17. Rights of tenants in possession as tenants only under unrecorded leases. 18. Intentionally deleted. 1 19. A reservation of the entire mineral estate in the property described,lying not less than 500 feet beneath the natural surface,including all substances which have been discovered or which may in the future be discovered upon or under the property described,which are now or may in the future be 411. valuable,and which are now or may be in the future enjoyed through extraction from the property described,without limiting the generality of the foregoing,the mineral estate shall include all forms of geothermal energy,all coal,all gases,all hydrocarbon substances,all fissionable materials,all metallic minerals,and all non-metallic minerals,as reserved by Southern Pacific Land Company,a California corporation recorded December 18, 1987 as Instrument No. 87-442421 Official Records. -aw �r 20. Rights or claims of parties in possession and easements or claims of easements not shown by the public records,boundary line disputes overlaps,encroachments,and any matters not of record,which would be disclosed by an accurate survey,and inspection of the land. (End of Exceptions) wr s a 14AM File Number: 429969 Page 7 of 9 e aw err NOTES AND REQUIREMENTS Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation,please contact your title officer immediately for further review. Alb m fh or, 4 1 40 File Number: 429969 Page 8 of 9 49 9 CALIFORNIA"GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution,and Stewart Title of California,Inc. shall have no obligation to account to the depositing party in any manner for the value of,or to pay to such party,any benefit received by Stewart Title of California,Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. Ati If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. •i 4: 4 4 ` File Number 429969 Page 9 of 9 ...r I : tit} 1 .nom I BS 'i ` 1 r 7----}AIHk1- --—--—--—-IFNY-1tIF1'S-�--} Imi..' ± .[n[ Li Ill �I IJ • sass ``tt1 trt[I)• I° ` Car cl{I Per w tl t�r li i) Ott kc >r ICs r.a ta o 1 I a 0c o'c i L{ wd N,'bd 01 'Je,{ I g( mum," t�o rn a tff_ 1 n'm (i el t4't�+ I rp n '►.aan ` i ,._o "Ai'lltl". T ltrair X I 77 Y pO 1V O�.N, a� r Se 19 M I 0 yy,x 1 I •o c us.-.-- I .4•910) 1 Or n•rl •., I 1 i I 11 •JOd ii ii 1 . , I. I N en 1 . I I her a d { 41•00). I tS 0 .$v 01'11 T in --I I I :# In te') I •• m tt •1Y It'I I �.i In 4 Jrad I: I S Z x V;I •° j v11d I C N 1 I [e. • • 1 Irak I.,.; �t�+�rnt1 Win 1 • (.) I---s-• iftS---"CZ --,14oin11tii- ..-_--1 I: t..m SSZO I , ! I . c.4 et 1. '311 WO I • • � lo I . m I s tl Jed '�Ia 0 I Iv me .[•�. I • 1 I SSZO v t � I "" •0 • I ' �; e1 '1r cr•t 1 N 0 P L I it 1t, 1-- • 1 r •JOd YL`1,�n., ■ I - E f o as I N I d J. in.., � 110111 I I a i to Oa l' r 'er tr't _ ! t 0 7Y ti 0 Il't •.v i e e : 1 1' O R OID 1 © c1t - - i S f . r ,- ',to. I a s 0) F I 3 •Jd z ..194 { Jed ° () to y a •,[ i 'JOd u".I ZIE a +P ri { M 0II W ---}AM'3A4--_------_—_---1}4414----t 0)N Oaw ro 1 •M Aim 6 ai .0)w C'Y, 0 1; b u p� c • Description: San Bernardino,CA Assessor Map 194.37 Page: 1 of 1 M Order: 429969 Comment: ow Oo r a • In c CU -a +r cu G) cc N NO s a • i UPI a a a a a