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HomeMy WebLinkAboutD-1635 APN 053-071-025 - 1049 Orcutt Rd. Recorded 02/04/2005• 00der No. 809105 Cuesta Title • Escrow No. WHEN RECORDED MAIL TO: Hamner, Jewell & Associates Government Real Estate Services P.O. Box 3086 Shell Beach, CA 93448 JULIE MEW" San Luis Obispo Co ClerklRecorder Recorded at the request of Cuesta Title Company 2005009578 1111111111111 Ili 11111111111111 MIF 2!0412005 11:47 AM Titles: 1 Pages: 3 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 APN: 053- 071 -025 (SLO County) SPACE ABOVE THIS LINE FOR RECORDER'S USE No fee per Government Code 6103 No Documentary Transfer Tax per Revenue Taxation Code 11922 GRANT DEED ( FEE PAID EX PT OUT OF NOTARY PUBLIC - CALIFORNIA VENTURA COUNTY n STATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANDAL LEE BULLOCK AS THE SUCCESSOR TRUSTEE OF THE VIVIAN LUCILLE BULLOCK LIVING TRUST OF 1990, (GRANTOR ") does hereby GRANT to the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND A CHARTER CITY IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA the following described real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF FOR COMPLETE LEGAL. DESCRIPTION Said property is commonly referred to as: 1049 Orcutt Road, San Luis Obispo, CA DATED: ( toy 200 State of California County of S14', 1-IA 15 06 n Q before me, personally appeared 4&(-Jai 4L O—Ck— personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and - wkno`,Vlcdgcd t, ii1C Vila. iii„ ill.;; thcy cxecutcd LIIC Jiti ?)C I his /her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signaturf A The Vivian Lucille Bullock Living Trust of 1990 Of By: �" Z Randal Lee Bullock, Successor 4arustee LILLIAN D. JEWELL U@".,MY COMM. #1422523 U NOTARY PUBLIC - CALIFORNIA VENTURA COUNTY n COMM. EXPIRES JUNE 6, 2007 l �3s� 12- 28 -04(li /tiles /slo /bullock/Grant Deed.doc) 0 CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781 i THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated ��,vc.�n /9, 00� from Randal Lee Bullock, Successor Trustee of the Vivian Lucille Bullock Living Trust of 1990, to the CITY OF SAN LUIS OBISPO, a Chartered Municipal Corporation of the State of California, (Grantee), is hereby accepted by the undersigned officer on behalf of Grantee, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. Date: CITY OF SAN LUIS OBIS.PO By ATTEST: ler •T 2 ' • • Order No. 809105 EXHIBIT "ONE" That portion of Lot 1.19 if the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded February 7, 1907 in Book 1, Page 92 of Record of Surveys, described as follows: Beginning at Stake S. 230, at the Northwest corner of said Lot 119; Thence North 891 38' East along the North line of said lot, 256.87 feet to the Northeast corner of the land described in the deed to Richard N. Bullock, et ux., recorded November 6, 1950, in Book 585, Page 337 of Official Records and as being the true point of beginning; i Thence from said true point of beginning, South 891 38' West along the Northerly line of said lot, 70 feet; Thence South 01 22' East and parallel with the East line of the land described in said deed, to the Southerly line thereof; Thence Northeasterly along said Southerly line to the Southeast corner thereof; Thence North 00 22' West along the East line of the land described in said deed, 152 feet to the true point of beginning. Excepting therefrom that Northerly portion of said land conveyed to the City of San Luis Obispo indeed recorded August 18, 1992 in Book 3938, Page 331 of Official Records. Assessor's Parcel No: 053,071,025 END OF DOCUMENT UE$TA ITLE `9'ff MA� COMPANY,, 715 Tank Farm Road, #120 • San Luis Obispo, CA 93401 • (805) 544 -1860 • FAX (805)541 -1769 SUPPLEMENT TO PURCHASE AND SALE AGREEMENT Date: January 12, 2005 Escrow No.: 105570 -MGS Escrow Officer: Martha G. Sohacki Prior to the close of escrow, Buyer will hand you the balance of down payment (plus closing costs, if applicable) the sum of .......................... $ 550,000.00 TOTAL CONSIDERATION ....... ............................... $ 550,000.00 AND, on or before February 24, 2005, Escrow Holder will be handed additional funds and /or instruments required to enable Escrow Holder to comply with these instructions, which Escrow Holder is instructed to use when in a position to procure /issue a CLTA Standard Policy - 1990 Form coverage form Policy of Title Insurance from Stewart Title Guaranty Company with a liability of $550,000.00, covering the following described property located in the City of San Luis Obispo, County of San Luis Obispo, State of California: PER EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF CONSISTING OF 1 PAGE: SELLER/TRANSFEROR STATES THAT PROPERTY ADDRESS IS: 1049 Orcutt Street, San Luis Obispo, CA 93401 ?; IioC�_. tvosi- SHOWING TITLE VESTED IN: City of San Luis Obispo, a Municipal Corporation and a Charter City in the County of San Luis Obispo, State of California FREE FROM ENCUMBRANCES EXCEPT: 1. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing year, if any, a lien not yet due and payable; 2. 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; 3. Bonds and Assessments with no delinquent payments, if any; 4. Covenants, conditions restrictions, reservations, easements and rights of way now of record, if any; (Items 1, 2, 3 and 4 of Preliminary report dated January 3, 2005 under Order No. 105570 -MH) Escrow Holder hereby acknowledges receipt of the Purchase and Sale Agreement (hereafter the Agreement) dated , 2004 by and between the undersigned parties. Cuesta Title Company has been requested to act as Escrow Holder for the parties in accordance with the terms and conditions. of said Agreement. Each of the parties to this escrow specifically acknowledges that the consummation of this escrow is contingent upon compliance with some or all of the executory terms and provisions set forth in the Agreement, and that the parties are and shall be the sole persons entitled to and authorized to determine whether all of said executory terms and provisions due to be performed prior to the close of escrow have been met or complied with prior to such close. Accordingly, the parties hereby agree that prior to the scheduled close of escrow, they shall each deposit with Escrow Holder a written instruction or acknowledgement specifying that all the executory terms and provisions of the Agreement, insofar as the same pertain to each said party respectively and any obligation of Escrow Holder relative thereto, have been fully met or complied with, or are waived. Further, each party shall specifically release Escrow Holder from all liability, if any, which it may have in connection with this escrow because of any_ party's failure to meet or comply with any such executory term or provision of the agreement, prior to the close of escrow. ADDITIONAL INSTRUCTIONS: ESCROW INSTRUCTIONS: The following Sections as set forth in the Agreement referenced above shall be considered "Escrow Instructions ": Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17 and 18. PRO - RATIONS: There shall be no prorations in this escrow as real property taxes for subject premises to be cancelled upon the close of escrow as more fully set forth in Section 6 of Agreement. GENERAL INSTRUCTIONS: 1. In accordance with Section 18662 of the California Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 and 1/3 percent of the sales price in the case of a. Continued on following page f l � Date: * . January 12, 20050 Escrow No: 105570 -MGS disposition of California real property interest by either: 0 Page 2 a. A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, or b. A corporate seller that has no permanent place of business in California The buyer may become subject to penalty for failure to withhold in an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars (5500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: c. The sales price of the California real property does not exceed one hundred thousand dollars ($100,000.00) OR d. The seller executes a written certificate, under the penalty of perjury, certifying that seller is a corporation with a permanent place of business in California, OR e. The seller, who is an individual, executes a written certificate, under the penalty of perjury, of any of the following: 1. That the California real property being conveyed is the seller's principal residence (within the meaning of Section 121 of the Internal Revenue Code). 2. That the California real property being conveyed is or will be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code. 3. That the California real property has been compulsorily or involuntarily converted (within the meaning of Section 1031 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California .income tax purposes under Section 1033 of the Internal Revenue Code. 4. That the California real property transaction will result in a loss for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case by case bases for corporations or other entities. The undersigned buyer hereby acknowledges receipt of written notification of their withholding obligation when individuals sell California real estate in accordance with Section 18662 of the California Revenue and Taxation Code. Buyer further requests and authorizes escrow holder to act as withholding agent in this transaction. Buyer and seller hereby acknowledge that, unless a completed and signed Form 593 -C has been deposited in escrow prior to close by seller certifying an exemption from withholding, escrow holder, acting as withholding agent, must withhold 3 1/3 percent of the total sales price from sale proceeds due the seller at the close of escrow and complete Form 593 without any further written instructions from the parties hereto. The escrow holder is required to submit withholding payment and Form 593 to the California Franchise Tax Board by the 20th day of the month following the month in which escrow closed. THE PARTIES TO THIS TRANSACTION SHOULD SEEK THE PROFESSIONAL ADVICE AND COUNSEL OF AN ATTORNEY, ACCOUNTANT OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. 2. Buyer acknowledges deposit of balance of funds to close escrow to be in the form of wire transfer, certified check, cashier's check or teller's check payable to Cuesta Title Company pursuant to the "Deposit of Funds ", Paragraph 7 contained in the General Provisions attached hereto and made a part hereof 3. The undersigned hereby authorize and instruct Escrow Holder to charge each party to the escrow for their respective Federal Express, special mail handling /courier and /or incoming /outgoing wire transfer fees. Unless specified in writing by the undersigned, Escrow Holder is authorized to select special mail /delivery or courier service to be used. Wire services required by the parties herein or by their individual lenders will be charged at twenty dollars ($20.00) per wire, incoming and outgoing. 4. Costs and expenses shall be charged in accordance with Section 6 of Agreement. Continued on following page Page J Escrow No: 105570 -MGS GENERAL PROVISIONS Time is of the essence of these instructions. In the event the conditions of this escrow have not been complied with at the expiration of the time provided for herein, you are permitted, though not required, to complete the same at the earliest possible date thereafter. No notice, demand or change of instructions shall be of any effect to alter, amend, supplement, or vary the terms of these instructions unless given in writing and signed by all parties affected thereby. In the event one or more of the General Provisions are held to be invalid in judicial proceedings, those remaining will continue to be operative. You are authorized to order demands for, and pay at the close of escrow any encumbrances or record necessary to place title in the condition called for without further authorization. You are further authorized, prior to the close of escrow, to pay from funds on deposit any fees necessary to obtain any demand and /or report as may be required in this escrow and at the close of escrow charge the parties as appropriate. The principals will hand you any funds and instruments required from each respectively to complete this escrow. Interest on any new financing may begin to accrue on the date loan funds /proceeds are disbursed by the new lender, and borrower agrees to pay same in accordance with the lender's instructions. 2. The parties hereto, acknowledge that the County Tax Assessor may reassess subject property effective the date of transfer of title and that a supplemental tax bill may be forthcoming and that Buyer will be responsible for the payment of same. Escrow Holder shall not be concerned with or liable for payment, adjustment or proration of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983, State of California, unless specifically reflected on the tax assessor's rolls. All assessments not shown on the tax rolls are to be adjusted outside of escrow. The title policy will contain an exception for the lien of any assessments of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983. 3. Pursuant to State Law, prior to the close of escrow, Buyer(s) will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyer(s) acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer(s) for same at the close of escrow. 4. According to Federal Law, the Seller(s), when applicable, will be required to complete a 1099 -S Worksheet that will be utilized to generate a 1099 reporting statement to the Internal Revenue Service. 5. You are instructed to deliver and /or record all documents and disburse all funds when you can comply with these instructions and issue any title insurance policy as called for herein. These instructions, together with any amendments and /or supplements, may be executed in counterparts and together shall constitute one and the same document. If these instructions relate to a sale, Buyer agrees to buy.and Seller agrees to sell upon the terms and conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents, all parties hereby agree to accept and hereby instruct the Escrow Holder to rely upon such documents as if they bore original signature. Buyer and Seller further acknowledge that any documents to be recorded bearing non original (facsimile) signatures will not be accepted for recording by the county recorder. 6. Unless otherwise specified in writing, all prorations and /or adjustments are to be made as of close of escrow on the basis of a 30 day month. You are authorized, unless instructed otherwise, to use the information contained in the latest available tax statement, including any supplemental taxes of record, rental statement as provided by Seller; and beneficiary's or association statements delivered into escrow for prorations purposes. As used herein, the expression, "close of escrow" (or COE) means the date on which documents are recorded, unless otherwise specified. 7. All funds received in this escrow shall be deposited in a non - interest bearing account in one or more of your general escrow trust accounts with any financial institution doing business in the State of California and may be transferred to any other general escrow account or accounts. The accounts wherein funds are deposited and disbursed are insured under the specifications and regulations of the Federal Depositors Insurance Corporations (FDIC). You are not responsible for these deposits in the event of bank failure, nor will you provide any additional insurance on said deposits. The parties to this escrow understand that the escrow accounts you maintain with the depositary institutions contribute to your value as a customer of these institutions. You shall have no obligation to account for the value of any escrow related accounting services and incidental benefits that may be provided to Cuesta Title Company by any depositary bank. All disbursements shall be made by your check, unless otherwise instructed. You shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. Except for wire transfers, funds remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California Insurance code. CASHIERS, CERTIFIED or TELLER'S checks, payable to CUESTA TITLE COMPANY are generally available for disbursement on the next business day following the date of deposit. Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law. Wire transfer information available upon request. 8. You are authorized to record any instruments delivered through this escrow, if necessary and proper for the issuance of the policy of title insurance called for herein; and are further authorized to charge our respective accounts handling costs and fees associated with same. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. 9. No instructions for cancellation of this escrow shall be recognized unless they are in writing and deposited with the Title Company whose address appears in these instructions. Any principal instructing you to cancel this escrow shall file a Notice of Cancellation with said office. Escrow Holder.shall thereafter mail one copy of such notice to each of the other principals at their mailing address set forth in your file or in care of the agent(s) representing said principals, as the case may be. Unless written objection to the cancellation is filed in your office by a principal within ten (10) calendar days after day of such mailing, you are authorized to comply with such notice and return all papers and funds held in your file less your cancellation fees and other costs incurred in connection with this escrow. Cuesta Title Company may, at its option, require concurrent instructions from all principals prior to cancellation and /or release of any funds on deposit in this escrow. If written objection is filed, you are authorized to hold all monies and /or instruments in your file and take no further action unless otherwise directed by principals' mutual written instructions, or a final order of a court of competent jurisdiction. You have the absolute right, at your election, to file an action in interpleader requiring the principals to answer and litigate their several claims and rights amongst themselves. Any such action must comply with the requisite interpleader statutes of the State of California in this regard. 10. In the event this escrow is cancelled, any fees or charges due Cuesta Title Company, including cancellation fees and any expenditures incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent jurisdiction. Upon payment thereof, return documents and monies to the respective parties depositing same, or as order by the court and void any executed instructions. If this is a sale escrow, you may return lender's papers and /or funds upon lender's demand. 11. If there is no written activity by a principal to this escrow within any six -month period after the Time Limit Date set forth herein, Cuesta Title Company may, at its option, terminate its agency obligation and cancel this escrow, returning all documents, monies or other items held, to the respective parties entitled thereto, less any fees incurred by Cuesta Title Company including cancellation fee. 12. If for any reason, funds are retained or remain in escrow after the Time Limit Date, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $50.00 per month. Instruments that are not negotiated within ninety days from issuance are considered staledated and are considered to be held in escrow and are subject to the fees described above to be assessed from the date of the instrument. Continued on following page Date: January 12, 2005 Page 4 ,. Escrow No: .105570 -MGS - i 13. Upon close of escrow you are instructed to charge our respective accounts the costs attributable to each, including but not limited to costs as provided for herein. In the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight, next day, or other expedited delivery services (as opposed to the regular U.S. Mail) and to charge the respective party's account accordingly. The parties acknowledge that the charges for miscellaneous services and special handling, which include but are not limited to wire service, overnight, next day, or expedited delivery services and recording of documents, are based on costs incurred by Cuesta Title Company plus handling fee. If you pay a demand to pay in full a revolving line of credit or equityline loan, you are hereby instructed on my behalf, to request that the lender issuing said demand cancel said revolving line or equityline of credit. 14. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Cuesta Title Company, as set forth herein, in a timely manner. You are authorized to furnish to any attorney, broker or lender identified with this transaction or any one acting on behalf of such lender any information, instructions, amendments, statements or notices of cancellation given in connection with this escrow. If any check submitted to escrow is dishonored when presented for payment, you are authorized to notify all principals and /or their respective agents of such non - payment. 15. In the event that you should receive or become aware of conflicting demands or claims with respect to this escrow, or the rights of any of the parties hereto, or any money or property deposited herein, you shall have the absolute right at your option to discontinue any or all further acts until such conflict is resolved to your satisfaction. 16. The parties hereto, by execution of these instructions acknowledge that the Escrow Holder assumes no responsibility or liability whatsoever for the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow. In the event that any Offer to Purchase, Deposit Receipt, or any other form of Purchase Agreement is deposited in this escrow, it is understood that such document is effective only as among the parties signing said document. You, as Escrow Holder, are not to be concerned with the terms of such document and are relieved of all responsibility in connection therewith. The foregoing is not applicable in any transaction in which Cuesta Title Company has specifically agreed to accept an Offer to Purchase, Deposit Receipt or other form of Purchase Agreement as escrow instructions. In any event, you are not to be concerned or liable for items designated as "Memoranda" in these escrow instructions nor with any other agreement or contract between the parties. 17. You are released from and shall have no liability, obligations or responsibility with respect to (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1954, "Foreign Investors in Real Property Act" (FIRPTA), as amended, (b) advising of requirements, (c) determining whether the Seller is a foreign person, under such Section, or (d) obtaining a non - foreign affidavit or other exemption from withholding under such Section nor otherwise making any inquiry concerning compliance with such Section by any party to the transaction. 18. You are not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and you are hereby released of any responsibility or liability therefore. Furthermore, notwithstanding the Note has been executed, you are authorized at the close of escrow to insert actual dates in all Notes pursuant to these instructions. 19. The parties to this escrow, by execution hereof, acknowledge their duty to Escrow Holder of full disclosure wherein said matters shall effect the transfer of subject property and conditions of title (inclusive of real personal and intangible property, which matters may result in a lien against subject property). Disclosure shall be inclusive, but not limited to: water, stock, owners association or maintenance dues, contractual obligations not automatically terminated upon sale, notes, deeds of trust and vendors liens. 20. You shall have no duty to disclose to any party to this escrow any information which may come to your attention concerning this transaction unless specifically requested to do so by any party herein. 21.. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow at the expiration of five years (5) from the close of escrow or cancellation thereof, without liability and without further notice. 22. The parties acknowledge and understand that Escrow Holder is not authorized to practice law, nor give financial advise. The parties are . hereby advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations are made by Escrow Holder about the legal sufficiency, legal consequences, financial effect or tax consequences of the within escrow instructions. THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED CUESTA TITLE COMPANY CONDUCTS ESCROW BUSINESS UNDERA LICENSE ISSUED TO IT UNDER IDENTIFICATION NO. 73459 BY THE CALIFORNIA DEPARTMENT OF INSURANCE. BUYERS SIGNATURE.- City of San Luis Obispo, a Cha ered Municipal corporation Appro ed as to Form BY :� B Y Authorized slgna ure Jo n Lowell, City Attorney Name: 'DAvtD - Qzmwt�o Appro ed as to Content Title: BY: S ///y�,�� hp Tim Bochum, ty Public Works Director Tax Id Number: �S��P W O Id'Date: 1-14-0$ Address: c/o Tim Bochum, Deputy Director of Public Works 955 Morro St San Luis Obispo CA 93401 Phone /FAX Number(s): (65) 1 N -IZo3 1l4% "Please complete highlighted areas" Continued on following page Date: January 12, 2005 • Page 5 Escrow No: •105570 -MGS SELLER'S S/GNA TURE.- The Vivian Lucille Bullock Living Trust of 1990 By: Randal Lee Bullock, Successor Trustee Tax Id Number: Date: Current Address: 3 Chuoarrosa, San Luis Obispo, CA 93401 Forwarding Address (if different. than above): Phone /FAX Number(s): END OF INSTRUCTIONS. Ile A �e 0 • Order No. 105570 EXHIBIT "ONE" That portion of Lot 119 if the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded February 7, 1907 in Book 1, Page 92 of Record of Surveys, described as follows: Beginning at Stake S. 230, at the Northwest corner of said Lot 119; Thence North 890 38' East along the North line of said lot, 256.87 feet to the Northeast corner of the land described in the deed to Richard N. Bullock, et ux., recorded November 6, 1950, in Book 585, Page 337 of Official Records and as being the true point of beginning; Thence from said true point of beginning, South 890 38' West along the Northerly line of said lot, 70 feet; Thence South 01 22' East and parallel with the East line of the land described in said deed, to the Southerly line thereof; Thence Northeasterly along said Southerly line to the Southeast corner thereof; Thence North 01 22' West along the East line of the land described in said deed, 1.52 feet to the true point of beginning. Excepting therefrom that Northerly portion of said land conveyed to the City of San Luis Obispo indeed recorded August 18, 1992 in Book 3938, Page.331 of Official Records. Assessor's Parcel No: 053,071,025 2 q UESTA ITLE I O '4p A N Y 715 Tank Farm Road,A120 *San Luis Obispo, CA 93401 jo (805) 644 -1860 • FAX (805) 541 -1769 TO: Martha G. Sohacki Cuesta Title Company 715 Tank Farm Road, #120 San Luis Obispo, CA 93401 Date: January 14, 2005 Escrow No: 105570 -MGS Property: 1049 Orcutt Street, CA 93401 PRELIMINARY REPORT APPROVAL San Luis Obispo, I have read the Preliminary Report dated January 3, 2005, covering the property described in your above numbered escrow, and approve the Policy of Title Insurance to be issued to me as required by my instructions to include as encumbrances therein Item Nos. 1, 2, 3 and 4 of said report, in addition, to those specific items described in my escrow instructions or created by me. I hereby acknowledge receipt of copy of said Preliminary Report. City of San Luis Obispo, a. Municipal corporation By: Authorized signature Name: DAVID iZ CAEW Title: M AY00— (Rev. 5/95) UESTA ITLE COMPANY 715 Tank Farm Road, #1.20 a San Luis Obispo; CA 93401 • (805)5.44-1860 • FAX (805) 541 -1769 i DATE: January 12, 2005 TIME: 15:35:42_ ESCROW NO: 105570 -MGS ESCROW OFFICER: Martha G. Sohacki CLOSING DATE: February 24, 2005 BUYER ESTIMATED CLOSING STATEMENT SELLER(S): The Vivian Lucille Bullock Living Trust of 1990 BUYER(S): City of San Luis Obispo PROPERTY: 1049 Orcutt Street, San Luis Obispo, CA 93401 $ DEBITS $ CREDITS FINANCIAL: Total Consideration ESCROW CHARGES Escrow Fee 550,000.00 475.00 ESTIMATED BALANCE DUE ESCROW . $ 550.475.00 ESTIMATED TOTALS $ 550,475.00 $ 550,475.00 City of San Luis Obispo, a Municipal corporation By: - -- - Authorized signature Name: 1:)AV1O ®DMG'1tA Title: M 14-CO (L ;r UESTA ITLE COMPANY 715 Tank Farm Road, #120 0 San Luis Obispo, CA 93401 0 (805) 544 -1860 0 FAX (805) 541 -1769 CLOSING INSTRUCTIONS To! Cuesta Title Company Escrow No: 105570 -MGS Property Address: 1049 Orcutt Street, San Luis Obispo, CA 93401 The instructions in this escrow are hereby modified, amended and /or supplemented in the following particulars only: . Buyer's and Seller's execution 'of this instruction shall be deemed their notification to escrow holder that all conditions precedent to the closing of this escrow have been met or waived. Escrow holder is instructed to proceed to record all documents and disburse all funds in accordance with the escrow instructions upon receipt of good funds from the Buyer. All other terms and conditions remain the same. City of San Luis Obispo, a Municipal corporation By. ' Auth rized signature Name: DAVtD ¢oMa�o Haase Complete ; y =lighted areas" Title: 11 kyoQ- The Vivian Lucille Bullock Living Trust of 1990 By: Randal Lee Bullock, Trustee 1 TO: Board of Supervisors County of San Luis Obispo, CA • January 21, 2005 TAX CANCELLATION REQUEST Instructions to Escrow Officer.- Please fill in the recording information upon the close of escrow. Also please add seller's address in bottom section, per information you have on file. File this form with the County on the date of escrow closure. Provide a copy of this completed form to City's representative with escrow closing paperwork. Instructions to HJA Staff.- Fill in all highlighted info (remove highlights) and Parcel Number, place and X on either the full orpartial take line, attach legal description,. add seller's address, obtain client signature, and submit to escrow. ------------------------------------------------------------------ - - - - -- RECORDATION NUMBER RECORDATION DATE PARCEL NUMBER 053 - 071 -025 BOOK PAGE CASE NUMBER FULL TAKE X PARTIAL TAKE The City of San Luis Obispo acquired fee title to the real property described below. Please cancel taxes on the subject property as provided for in Section 4986 of the Revenue and Taxation Code. The legal description for said property is: See Exhibit.One attached. ( ) Enclosed is check number to cover the Seller's prorated taxes from to from ( ) Current taxes were paid in advance, before escrow. A refund is due the Seller. () Bill Seller (Grantor) for pro rata tax due to close of escrow per Section 4986, Revenue and taxation Code, as amended. (X) Latest information on the address of the Seller (Grantor) is: Randal Bullock, Trustee The Vivian Lucille Bullock Living Trust of 1990 3. Chuparrosa San Luis Obispo, CA 93401 Requested by: The City of San Luis Obispo By: Date: / ZZ Name of signer: p av b Iton tMD Title: M &YOZ i EXHIBIT "ONE" Order No. 105570 That portion of Lot 119 if the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to .map recorded February 7, 1907 in Book 1, Page 92 of Record of Surveys, described as follows: Beginning at Stake S. 230, at the Northwest corner of said Lot 119; Thence North 891 38' East along the North line of said lot, 256.87 feet to the Northeast corner of the land described in the deed to Richard N. Bullock, et ux., recorded November 6, 1950, in Book 585, Page 337 of Official Records and as being the true point of beginning; Thence from said true ,point of beginning, South 891 38' West along the Northerly line of said lot, 70 feet; Thence South 01 22' East and parallel with the East line of the land described in said deed, to the Southerly line thereof; Thence Northeasterly along said Southerly line to the Southeast corner thereof; Thence North 01 22' West along the East line of .the land described in said deed, 152 feet to the true point of beginning. Excepting therefrom that Northerly portion of said land conveyed to the City of San Luis Obispo indeed recorded August 18, 1992 in Book 3938, Page 331 of Official Records. Assessor's Parcel No: 053,071,025 2 CALIFORNIA ASSOCIATION OF REALTORS • I REAL ESTATE TRANSFER DISCLOSURE STATEMENT (CALIFORNIA CIVIL CODE §1102, ET SEQ) (C.A.R. Form TDS, Revised 10103) THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF San Luis Obispo , COUNTY OF SAn Luis Obispo , STATE OF CALIFORNIA, DESCRIBED AS 1049 Orcutt Street, San Luis Obispo, CA 93401 THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF (date) January 20, 2005 IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase -money liens on residential property). Substituted Disclosures: The following disclosures and other disclosures required by law, including the Natural Hazard Disclosure Report/Statement that may include airport annoyances, earthquake, fire, flood, or special assessment information, have or will be made in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: ❑ Inspection reports completed pursuant to the contract of sale or receipt for deposit. ❑ Additional inspection reports or disclosures: II. SELLER'S INFORMATION The Seller discloses the following information with.the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ❑ is ❑x is not occupying the property_ A. The subject property has the items checked below (read across) ❑ Range ❑ Oven ❑ Microwave ❑ Dishwasher ❑ Trash Compactor Garbage Disposal Washer /Dryer Hookups ❑ Rain Gutters ❑ Burglar Alarms Smoke. Detector(s) ❑ Fire Alarm ❑ T.V. Antenna ❑ Satellite Dish ❑ Intercom ❑ Central Heating ❑ Central Air Conditioning ❑ Evaporator Cooler(s) ❑ Wall/Window Air Conditioning ❑ Sprinklers �'ublic Sewer System ❑ Septic Tank ❑ Sump Pump ❑ Water Softener ❑ Patio /Decking ❑ Built -in Barbecue ❑ Gazebo ❑ Sauna ❑ Hot Tub,❑ Locking Safety Cover* ❑ Pool ❑ Child Resistant Barrier* ❑ Spa ❑ Locking Safety Cover` ❑ Security Gate(s) ❑ Automatic Garage Door Opener(s)* ❑ Number Remote Controls Garage: ❑ Attached .4<Not Attached ❑ Carport Pool /Spa Heater: ❑ Gas ❑ Solar �Wlectric Water Heater: ❑ Gas ❑ Water Heater Anchored, Braced, or Strapped* ❑ Private Utility or Water Supply:.KCity ❑ Well Other Gas Supply: ❑ Utility fk) IV— ❑ Bottled _Window Screens ❑ Window Security Bars ❑ Quick Rel'ea's^e. Mechanis o�n`Bedroo 1winddowsj (/;-y [���. Exhaust Fan(s) in 220 Volt Wiring in �tila` I �In r-Iy( �FaFTfii ac .(/s)) iinr`�" ❑ Gas Starter 8 Roof(s): Type: �L'��tM';%G'r"r` A O (approx.) ❑ Other: Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes • o. If yes, then describe. (Attach additional sheets if necessary): ( *see footnote on page 2) The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright C 1991 -2003, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. TDS REVISED 10/03 (PAGE 1 OF 3) REAL ESTATE TRANSFER DISCLOSU Lillian D. Jewell Phone: (805)570 -6715 Lillian D. Jewell P.O. Box 3086 1 Pismo Beach Buyer's Initials ( ) ( %J Seller's Initials (or) ( ) Reviewed by Date CA STATEMENT Fax: (805)773-2 PAGE 1 f2l EOUM HOUSING OPPORTUNITY 18 Prepared using WINForms® software °ropefty Address: 1049 Orcutt Street ian Luis. Obispo. CA 93402 I Date: January 20 • 2005 B. Are you (Seller) aware of any significant defects /malfunctions in any of the following? ❑ Yes ❑ No. If yes, check appropriate space(s) below. ❑ Interior Walls ❑ Ceilings ❑ Floors ❑ Exterior Walls ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Foundation ❑ Slab(s) ❑ Driveways ❑ Sidewalks ❑ Walls/Fences ❑ Electrical Systems ❑ Plumbing /Sewers /Septics ❑ Other Structural Components (Describe: 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others) ................................. ............................... ❑ Yes E� No 15. Any notices of abatement or citations against the property ............. ............................... ❑ Yes KNo 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or "common areas" (facilities such as pools, tennis courts, walkways, or other areas, co -owned in undivided interest with others) ............. ............................... ❑ Yes ;No If the answer to any of these is yes, explain. (Attach additional sheets if necessary): =-w PmAd .441E —dZ i=ce AA4 .1-tr Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Spllpr Copyright ©1991 -2003, CALIFORNIA ASSOCIATION OF REALTORS®, INC. TDS REVISED 10/03 (PAGE 2 - Date Date J a/ Buyer's Initials ( ) (Y9-4& ) n Reviewed by Date EwuNOUSUu OPPORTUNITY REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS PAGE 2 OF 3) If any of the above is checked, explain. (Attach additional sheets if necessary): 'This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of; the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section 19211 of the Health and Safety Code. Window security bars may not have quick release mechanisms in compliance with the 1995 Edition of the California Building Standards Code. C. Are you (Seller) aware of any the following: 1. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, mold, fuel or chemical storage tanks, and contaminated soil or water on the subject property ........................... ............................... [KYes ❑ No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ................. ❑ Yes XNo 3. Any encroachments, easements or similar matters that may affect your interest in the subject property ......... ❑ Yes XNo 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits....... ❑ Yes ZI No 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes.... 6. Fill (compacted or otherwise) on the property or any portion thereof ..... ............................... ❑ Yes KNo ❑ Yes JKNo 7. Any settling from any cause, or slippage, sliding. or other soil problems .. ............................... ❑ Yes X VO 8. Flooding, drainage or grading problems .......................... ............................... ❑ Yes KNo 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ............. ❑ Yes XNo 10. Any zoning violations, nonconforming uses, violations of "setback" requirements .......................... ❑ Yes J %o 11. Neighborhood noise problems or other nuisances ............ ............................... ❑ Yes KNo 12. CC &R's or other deed restrictions or obligations ............. ............................... E] Yes allo 13. Homeowners' Association which has any authority over the subject property ............................ ❑ Yes KNo 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others) ................................. ............................... ❑ Yes E� No 15. Any notices of abatement or citations against the property ............. ............................... ❑ Yes KNo 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or "common areas" (facilities such as pools, tennis courts, walkways, or other areas, co -owned in undivided interest with others) ............. ............................... ❑ Yes ;No If the answer to any of these is yes, explain. (Attach additional sheets if necessary): =-w PmAd .441E —dZ i=ce AA4 .1-tr Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Spllpr Copyright ©1991 -2003, CALIFORNIA ASSOCIATION OF REALTORS®, INC. TDS REVISED 10/03 (PAGE 2 - Date Date J a/ Buyer's Initials ( ) (Y9-4& ) n Reviewed by Date EwuNOUSUu OPPORTUNITY REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS PAGE 2 OF 3) I BVYER(S) AND SELLER(S) M ISH, TO OBTAIN PROFESSIONAL AMCE AND /OR INSPECTIONS OF THE PROaERTY AND TO PROVIDE MR APPROPRIATE PROVISIONS JIN AWONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTIONS /DEFECTSi IME ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buye Date Z Seller ate �� �.5 VBuyer Date e Vivian u ille B 1 ock Liv City of San Luis Obispo SECTION 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH THE RIGHT TO RESCIND A PURCHASE CONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY OF THIS DISCLOSURE IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This'form is available for use by the entire real estate industry. It is not intended to identify the user as .a REALTOR& REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. C�,, r .. ♦ Published by the C : Califomia Association of REALTORS® eoue The System•. for Success" Reviewed by Date OPPORTUNITY TDS REVISED 10/03 (PAGE 3 OF 3) REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS PAGE 3 OF 3) T5613557.ZFX • CALIFORNIA SUPPLEMENTAL STATUTORY ASSOCIATION OF REALTORS AND CONTRACTUAL DISCLOSURES (C.A.R. Form SSD, Revised 4103) 1. Seller makes the following disclosures with regard to the real property or manufactured home described as 1049 Orcutt. Street , Assessor's Parcel No. situated in San Luis Obispo , County of , California, ( "Property ").. 2. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS DISCLOSURE STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT(S) AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. TRANSACTIONS. IF SELLER OR BUYER DESIRE LEGAL ADVICE, CONSULT AN ATTORNEY. 3. Are you (Seller) aware of any of the following? (Explain any "yes' answers below) A. Whether the Property is a condominium or located in a planned unit development or other common interest subdivision .................................... 0 ...................... O Yes VNo B. Insurance claims affecting the Property within the past 5 years ............................... ❑ Yes O'No C. Matters affecting title to the Property ..................... ............................... ❑ Yes Q'flo D., Within the last 3 years, the death of an occupant of the Property upon the Property . 1:1 Yes" Gl-Nb E. The following disclosures (E(1 -4)) are made based upon Seller's knowledge or ( Vii, will not be made on this form and instead will be made on an independent third -party report: (1) Whether the Property is located in a zone or district allowing manufacturing ................. ❑ Yes ❑ No (2) Whether the Property is located in a zone or district allowing commercial use ................ ❑ Yes ❑ No (3) Whether the Property is located in a zone or district allowing airport use .................... ❑ Yes El No (4) Whether the Property is located within 1 mile of a former federal or state ordnance location .... ❑ Yes ❑ No (in general, an area once used for military training purposes that may contain potentially explosive munitions.) F. Whether the Property is affected by a zone or district allowing manufacturing, commercial or airport use ❑ Yes CYIVo G. The release of an illegal controlled substance on or beneath the Property ...................... ❑ Yes Zs -No H. Material facts or defects affecting the Property not otherwise disclosed to Buyer ................. ❑ Yes E LAo Explanation or ❑ (if checked) see attached 4. Seller represents that the information herein is true and correct to the best of Seller's knowledge as of the date signed by Seller. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this stateX&_ to any pso°r enti in c nneection with any actual or anticipated sale of the Property. Seller , A&,iu-- Date / 'o2 /—Os Seller The Vivian Lucille Bullock Liv Date S. By signing below, Buyer acknowledges Buyer has read, understands, accepts and has received a copy of this Supplem tatutory nd OffActual Disclosures form. V B er Date I, 1Z er Date nis S&ffw rot app /des to dke fo/Iowbrg property: Street Address: 1049 Orcutt Street City: San Luis Obispo State: CA ZIP: 93401 County. San Luis Obispo Osier Date: 1Nt3200 Assessor's Parcel No.: 053 - 071 -025 Order Number. The transient end hb or tier egent(s) ore MYrd party oonsuRant disolosB the /Wlowfi�g i►dfonnation wMh the kwWadgv Mat even Gough this is not a warm*, prospective bwadbraes may rely an tt& kftm ffw in deoldrg whetherand on what terms >o purdkese Me subject pmperty. Tranatrar hereby autharixes any agent(s) mpmsenft my ponapal(s) to this action lb provide a ogpy of this daft rent to arty person or enft b owwbon with any actual or anddpabd sate af tiro pmpwbr. The blbwirp are ropreeenteflona media by the banaferw and his or her egerrt(s) based on Moir kwwtedgo and maps ftm by the Sb* and Federal Govemmerft ThiS trdbnnedon IS a ctSdosure and rs not Attended ID be part of any eon ad between Me Irmfferve and transfww.. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S). RESULT A SPECIAL FLOOD HAZARD AREA (Any We Zane A' ar -17 cbAy Wed by Me Federd Eerergency Management Agency. NO AN AREA OF POTENTIAL FLOODING NO Shown on a dam foure brundedfon map parsuard to Section 8689.5 of the Government Code. A VERY HIGH FIRE HAZARD SEVERITY ZONE Pursuant to Saloon 51178 or 51178 of Use Gmemment Code. 7b9 owner of rids pmpe* is subject to Ure NO matattinarroe requirements of Section 51182. of Me Gumment Core A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS $ HAZARDS Pwsaent to Secdbn 4125 of the Public P4sowm Codla The owner of ih/s pvopedy is aubjaot to the meintenence mquiremw to of Section 4291 of fire Pubhu Resources Code. AddFftwUy, 8 is not ft state's NO re joorrarT W to provide Ge Avftc6on services fb any build M or sfiudrae bcated within fee wiWands unim fire Deprewtment ofForesby and Rive Rodin has entered info a 000pwv6W evwnent wrEh a lbcel aganddy for those puWkes pursu ant to Section 4142 of Ow PGOr Reeoruces t.oda: AN EARTHQUAKE FAULT ZONE Pursuent to Swibn 2622 of Eire Public Resoumw Code. NO A SEISMIC HAZARD ZONE DUE TO LANDSLIDE to Sedbn 2696 offhe Pubic R"aamse Code. map not yet released by state A SEISMIC HAZARD ZONE DUE TO LIQUEFACTION Pursuant io Section 2696 of Eire Public Resources Cod& Map not yet released by stale THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS E)aST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE. HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPE Signature ofTransferor(s) zi pate Signature ofTransfomgs) Data Pape 1 of 6 2309 Peelfie Coast Higlsway, Suite 204, Hermosa Beech, CA 90254 • Tel 866-723 -3732 ..In 88 9-802 -7362 • www.SAFEsralesmte.com Check only one of the following: Transferor(s) and their agents) represent that the Information herein is true and corned to the best of their knowledge as of the date signed by the transferor(s) and agent(s). -_X__Trensfbmgs) uAld'dV `aclmowledge that they have exercised good faith in the selection of a third -party report provider as required in Chril Code Section 1103.7, and that the representations made in this Natural Hazard Disclosure Statement are based upon Mrmation provided by the Independent third -party disclosure provider as a substituted disclosure pursuant to gull Code Section 1103.4. Neither transferor(s) nor their agents) (1) has Independently verified the information contained In this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below: Third -Party Disclosure Provider(s) SAFErealestate Date P. Derhake, PE V116/2005 Transferee represents that he or she has read and understands this document. Pursuant to Civil Code Section 1103.8, the representations made In this Natural Hazard Disclosure Statement do not constitute all of the transfarorle or agent's disclosure obligations in this transaction. Transferee also oerMs Mat he or she has received, read and understands the supplementary �acbsu'es contained in this repwt b Signature of Tranaferee(s) Data MAVAr Signature ofTransferee(s) Date Supplementary Disclosures COMMERCIALIINDUSTRIAL ZONE DISCLOSURE California Civil Code Section 1102.17 requires the seller of real property to disclose in writing actual knowledge that'the property Is zoned to allow, adjacent loo, or affected by an industrial use of property (manufacturing, commercial or airport use) as soon as possible before transfer of title. Does the seller have actual knowledge that the property located at 1049 Orcult Street Is In, adjacent to, or affected by a commercial or 1 I use zone? Yes No__ MILITARY ORDNANCE DISCLOSURE The sutod property is beefed rAft one (1) mile of a thrmer federal or sWe ani mnoe NO Ibrafbn Califomia Civil Code Section 1102.15 requires the seller of real property to disclose In writing actual knowledge of any former federal or state ordnance locations within one mile of the property. For purposes of this section, '"former federal or state ordnance locators' means an area identified by an agency or instrumentality of the federal or state government as an area once used for military training purposes and which may contain potentially explosive munitions. The miry ordnance determination made In this report is based on data points of (mown Formerly Used Defense Sites (FURS) in Califomia compiled by and obtained from.the United States Amry Carps of Engineers. Pape 2 of 6 2309 Pacift Coast Highway, Suite 204, Hmumn Basch, CA 90254 • Td 86&723 -3732 • Fax 888402 -7362 JAN 18 2005 4:28PM LHSERJET 3200 Supplementary Disclosures (continued) AIRPORT PROM MITY DISCLOSURE The autyad property Ia ft *W within &a (2) mites of a puW Mh ate or mMlary appod YES Determination of airport proximity Is based on data provided by the Federal Aviation Administration's Aeronautical Information Services (updated December, 2003) and the State of California, Department of Transportation (updated August, 11)93). Public, private and mMtary airports are Included within this disclosure. This report does not address the affect of any future airport expansion or modification projects. Notae and other adverse effects of an airport cannot be measured by distance from the airport alone. For example, some properties that are greater than two miles from an airport might be exposed to aviation noise. Conversely, proximity to an airport does not necessarily mean that any of the adverse effects typically associated with an airport would be experienced. Flight paths. noise and air pollution are not taken into account by this disclosure. Also, the buyer should be aware that noise, ffic air pollution and air tra might vary significantly throughout the year. Discussing the effects of alrports on the property with knowledgeable local officials Is recommended. NOTICE OF AIRPORT IN VICINITY The sub/ed pmpo* is bmfed within an Airport Infi rice Area. NO This determination Is based on Airport Influence Area maps that were provided by the County's Airport Land Use Commission. If it Is determined above that the subject property is located within an Airport Influence Area, the following statement applies This property is presently located In the vicinity of an airport within what is known as an airport Influence area. For that reason, the property may be subject m some of the annoyances or Inconveniences associ ated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those, annoyances can vary from person to person. You may wish to consider what airport annoyances, if any. are associated with the property befbre you. complete your purchase and determine whether they are acceptable to you. For purposes of this disclosure, an 'airport Influence area,'- also known as an 'airport referral area; la the area In which current or future airport- related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. Pate 9 of e 2309 Pacific Coast Highway, Suite 204, 51 amses Bos* CA 9D254 -'hid 86&723-3732 • Fa:888- 802 =7362 p.3 JRN 18.2005 11:47AM •P LRSERJET 3200 • p.6 Supplementary Disclosures (continued) MEGAN'S LAW DATABASE DISCLOSURE NOTICE: The California Department of Justice, Sheriffs Departments, Police Departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a database of the location of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about the individual may be made. This is a IM' telephone service. Callers must have specific information about the ind6�idual they are checking. Information regarding neighborhoods is not available through the "900' telephone service. The form and content of the Megan's Law disclosure notice is prescribed by statute ( Califomia Civil Code Section 2079.10a). To determine the nearest database vleMng station, contact your local Sheriffs Office or Police Department, To obtain Information using the Sex Offender Identification Line, call 1- 900448 -3000 (there is a $10 charge per call to inquire about up to two individuals). For more Information on Megan's Law, visit the CA Department of Justice website, http./Aaacistate.ca.us/mggark4ndexhtm or other alias dedicated to Megan's Law. TOXIC MOLD DISCLOSURE NOTICE: The Toxic Mold Protection Act of 2001 requires that any penson who sells, transfers, or rents residential, commercial, or industrial real property or a public entity that owns, leases, or operates a building who knows, or in specified instances has reasonable cause to believe, that mold is present that affects the unit or building, and exceeds the permissible exposure limits to molds, is required to provide a written disclosure to potential buyers, prospective tenants, renters, landlords, or occupants of the mold conditions. (California Civil Code §1102.6) 13ACKGROUND INFORMATION: Molds are simple, microscopic organisms, present almost everywhere, indoors and outdoors. Although virtually everyone is exposed to some mold on a daily basis without harm, mold spores can cause health problems when they are present in large numbers_ Prospective real estate buyers are advised to inspect the subject property for mold. Mold may be present if you see discolored patches or cottony or speckled growth on walls or furniture, or if you smell an earthy or musty odor. Ewen If mold is not vis'Ible, a more thorough inspection is recommended if there is evidence of past or ongoing water damage as mold may grow underneath water - damaged surfaces and floors, behind walls or above ceilings. For more Information on Toxic Mold and what to do If you find mold in your property, refer to the following publications: • GeneMl InfannaBon Molds, Toxic Molds, and Indoor Air Qualm e Mold In My Home: What Do l Do? California Department of Hearth Services Health Efirects of Toxin- Producing Molds In Environmental Health investigation Branch 8 Indoor Air caftmis Quality Section Stachybo&p eharomm (aim) — a mold that 2151 Berkeley Way may be found In water-damaged homes Berkeley, CA 94704 e Fungi and Indoor Air QuaHW (510) 6224500 Miainterpretallon ofStachybotrys Sero logy www.dhs.ca.00vi'ehib/ • Biological Pollutants in Your Home u.5. Environmental rrowcoon IAQ Information Clearinghouse (800) 438.4318 www:eaa.aov Page 4 of 6 2169 Pz iris Coast Highway, Suite 294, hcruion K=h, CA 90254 • Tel 866- 723 -3732 • Fax 938 -802 -7362 - www- ..S4M— ig8ace a►m JAN 18 2005 11:48AM LASERJET 3200 • p.7 EXPLANATIONS OF HAZARD DISCLOSURE ZONES: • Special Flood Hazard Areas + The Federal Emergency Management Agency (FEMA) has prepared Flood Insurance Rate Maps, which delineate flood zones based on estimated flood risk. The following is a fist of these flood zones: Zones A. AO, AE, AH, Al -A30, Arfas of "100 -yeaf" flooding — a 1% or greater chance of yearly flooding from excessive rainfall. Zones V, V4 V30! Amas of'1013-year flooding In coastal (shore front) areas subject to wave action. Zone B: Area of 'moderate" flood risk from excessive rainfall. These are areas between the '100' and 1.00" year flood -risk level. Zone X: An area of 'moderate" flood risk (when shaded on the map, a Zone X is equivalent to Zone B) or an area of minimal flood risk (an unshaded X Zone on the map). Zone C, D: NOT In an area of 1100-yee flooding, Area of minimal (Zone C) or undetermined (Zone D) flood hazard. The zones that apply to the Natural Hazard Disclosure Statement are zones 'A' and V (Special Flood Hazard Areas). If the subject property is located in a Special Flood Hazard Area 'A" or 'V,' it is in an area subject to flooding during a '100 -year rainstorm.' A 100 -year flood occurs on average once every 100 years. but might not occur In 1,000 years or may occur In successive years. Other possible flooding causes, such as dam failure, were not considered in developing the official maps delineating flood areas. If a property Is located partially or wholly within a Zone "a° or V,' flood Insurance is generally required by federally connected lenders for newly financed or reflneinced homes. Flood insurance for properties in Zones B. C, X or D is available but is not usually required by s lender. Potential Flooding Due To Dam Failure o The California Office of Emergency Services (CA OES) has prepared Flood Inundation Maps. which delineate areas subject to flooding from a sudden or total dam failure. The OES and the Department of Water Resource have determined personal injury could occur as a result. Most areas are defined assuming an instantaneous dam failure with a full reservoir. However, dams rarely fall instantaneously and reservoirs are not always filled to capacity. Not all dams in the state have been mapped. There may be exceptional condAions where a map was not required by the OES, and therefore, the zones are not delineated. Additional maps may become available subsequent to approval by the OES, e Fire Hazard Severity Zones • Under the Bates Bill (AB 337), the California Department of Forestry (CDF) along with local fire authorities in the Local Responsibility Areas of California have established Very High Fire Hazard Severity Zones (VHFHSZ). The maps prepared by the COF show these zones based upon State criteria. Properties in these zones may have higher risk for damage by fire than other areas; therefore structures in these zones are mandated for fire defense improvements. Such improvements include having a Vass A" roof for new construction or replacement of existing roofs. In addition, property owners must dear tree limns from within ten feet of chimneys and stovepipes, dear roofs of leaves, etc., maintain spark screens over chimneys and stovepipes, and generally maintain vegetation clearance of 30 feet around structures. This is just a general summary of the basic requirements. a Forest Fire Hazards a The California Department of Forestry and Fire Protection has established State Responsible Areas (SRA). These are zones where the state is responsible for suppressing wildland fires using the California Department of Forestry (CDF) fire protections services- SRAs are generally rural locales with areas of brush land, forests, eta This generally rural nature means there may be significant wildland fire potential. Although the State is financially responsible for the prevention and suppression of (Tres wflhln those zones, they are not responsible for structures within these areas. Within many SRAs there are a large number of structures. Unless the property is located in a county which has assumed fire suppression responsibility or Is In an area that has entered into a cooperative agreement with a local fire agency for services, property owners in SRAs are responsible for organizing structural fire protection services. Such information is not included on the SRA maps and, therefore, cannot be provided in this report For very isolated properties within SRAs with no local fire services, there may be a significant fire risk. In some SRAs the CDF only provides seasonal fire services. If a property Is not located In a SPA, then the city or town's fire protection service is the primary provider of fire suppression. Owners of properties in SRA zones are required to dear tree limbs from wkNn ten feet of chimneys and stovepipes, maintain any tree adjacent or overhanging any building free of dead or dying wood, dear roofs of leaves, etC., maintain spark screens over chimneys and stovepipes, and generally maintain a vegetation clearance of 30 feet around structures. This is just a general summary of the basic requirements. Page 5of6 2300 Pacillc Coast Highway, Suite 204. Hcrmnaa Bcwh, CA 90254 - TO 866.723 -3732 -Fax 88002 -7362 - www,SAFftrealesWe cam JAN 18 2005 • Earthquake Fault Zones • Earthquake Fault Zones have been established as regulatory zones by California as part of the Alquist- Priolo Earthquake Fault Zone Act. If a property is located within an Earthquake Fault Zone, it does not necessarily mean that a fault trace exists on the property or within several hundred feet of the property. Earthquake Fault Zones are areas or bands on both sides of known or suspected active earthquake faults. Faults that demonstrate movement during the past 11,000 years are considered active. In some areas, the zones are more than one-quarter of a mite wide and the potential for 'fault rupture' (ground cracking along the fault trace) damage to a structure Is relatively high only if the building is located directly on a fault trace. If a structure is not built across a fault trace, then shaking will be the primary effect of an earthquake. Our search does not indicate whether or not a surface trace of an active fault is located on the property. It should be noted that the State Earthquake Fault Zoning Program Is ongoing and properties currently not situated in a zone may be located in a zone established in the future. • Selsmlc Hazard Zones • The Cardomla Division of Mines and Geology under the Seismic Hazards Mapping Act has prepared maps delineating zones of potential seismic hazards. Although the Act was signed into law in October 1990, maps have only become available In limited areas starling In 1997. The delineated areas are called 'Seismic Hazard Zones.' Maps are planned to eventually cover all areas in Catifomia that are subject to these hazards. New development in a Seismic Hazard Zone will only be permitted If the developer can show that geologic hazard mitigation can make the site acceptably safe. The information is also important if the Transferee is planning to undertake a major remodeling or redevelopment as the information can affect the building permit process. Currently, the California Division of Wines and Geology has prepared maps that only address landslide and/or liquefaction zones. 1. Earthquake - Induced Landslide Hazard Zones represent areas where recent occurrence of landslide movement. or local slope terrain, and the geological, geotachniral and ground moisture conditions Indicate a potential for landslides such that mitigation would be required prior to new development. 2. Liquefaction Hazard Zones represent areas where there is a historic occurrence of liquefaction, or where the local geological, geotechnical and groundwater conditions indicate a potential for liquefaction such that mitigation would be required prior to new development Uquefaction Is a rare soft phenomenon that -can occur when loose, water saturated, fine - grained sands and silly sands that lie within 50 feet of the ground surface are shaken in a significant earthquake. The soil temporarily becomes liquid-like and structures may settle unevenly. Uquefaction Hazard Zones may also contain areas susceptible to the affects of earthquake- induced landslides. This situation typically exists at or near th e toe of existing landslides, down slope from rock fall or debris flow sources areas, or adjacent to steep stream banks. TERMS CONDITIONS, AND LIMITATIONS OF LIABILITY: SAFErealestate Natural Hazard Disclosure services consist of an examination of (a) NFIP Flood Insurance Rate Maps, (b) California Office of Emergency Services Dam Failure Inundation maps, (c) Bates Bill AB 337 Very High Fire Hazard Severity Zone maps, (d) State Responsibility for Fire Protection Maps, (e) Alquist- Priolo Earthquake Fault Zone maps, (t) Seismic Hazards Mapping Act maps (where available). SAFErealestate relies solely on these official sources for the information in this report and does not produce, maintain or verify the information from these sources. These records and Information were supplied by various governmental agencies. SAFErealestate assumes that the records and information supplied by various governmental agencies are complete and accurate. Therefore, SAFEmalestate shall not be responsible for any inaccuracies or emissions in public records or in information reported by various governmental agencies. For purposes of defining property Ines, the assessor's parcel number and parcel maps may be used. Any errors in the assessor's rolls may affect the determination procedures. No visual examination of the subject site was performed nor was a study of any jurlsdictlon's files or other sources made to determine the existence of any hazard, which may exist on site SAFErealestate considers a parcel within a hazard zone If the property boundary Is within loo feet of the hazard zone. This report Is for the purpose of certain map based real estate transaction disclosures only and Is not a substitute for the broker /agent properly Inspection. Due to changing maps, laws and contractual parties, this report cannot be relied upon for other properties or for future transactions of any subject property. The disclosures contained in this report are valid as of the date on this report All parties should be aware that the information is subject to change. SAFErealestate Ia not responsible for advising parties of any changes that may occur after the date on this report Please be advised that this report is only considered valid if fully paid upon the dose of escrow or within 180 days from the date on this report, whichever is sooner. This report expires 180 days from Isuance. Page 6 of 6 2309 p=WC Coma Higbway, Suite 204, Hermosa Bach, CA 90254 • Tel 1166723 -3732. Fax 8884102 -7342 • www.SAFEreWesUft.com P.8 • LEAD- BASED PAINT AND LEAD -RED PAINT . CALIFORNIA HAZARDS DISCLOSURE, �t ASSOCIATION ACKNOWLEDGMENT AND ADDENDUM IAN OF REALTORS® For Pre -1978 Housing Sales, Leases, or Rentals Landlord. LEAD WARNING STATEMENT (SALE OR PURCHASE) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. LEAD WARNING STATEMENT (LEASE OR RENTAL) Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, lessors must disclose the presence of lead -based paint and /or lead -based paint hazards in the dwelling. Lessees must also receive federally approved pamphlet on lead poisoning prevention. 1. SELLER'S OR LANDLORD'S DISCLOSURE (we) have no knowledge of lead -based paint and /or lead -based paint hazards in the housing other than the following: 010 AA-V L6FAh- 3ASEb QA-l� rl bu.E •rg P6E aF HOrnl'. I (we) have no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the housing other than the following, which, previously or as an attachment to this addendum have been provided to Buyer or Tenant: I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State such as "The Homeowner's Guide to Environmental Hazards and Earthquake Safety." For Sales Transactions Only: Buyer has 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards. 1 (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct. Seller Landlord Date e er or 1 aridloM The Vivian Lucille Bullock Liv Date The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or Buyer's Initials computerized formats. Copyright © 1996 -2002, CALIFORNIA Seller's Initials ( ) ( ) ASSOCIATION OF REALTORS ®, INC. ALL RIGHTS RESERVED. o FLD REVISED 1103 (PAGE 1 OF 2) Reviewed by Date EOUALNOIKINC OPPORTUNITY LEAD -BASED PA_ INT AND LEAD -BASED PAINT HAZARDS DISCLOSURE (FLD -11 PAGE 1 OF 2) Lillian D. Jewell Phone: (805)570 -6715 Fax: (805)773 -2418 Prepared using WINForms® software Lillian D. Jewell P.O. Box 3086 , Pismo Beach CA 93448 (C.A.R. Form FLD, Revised 1103) The following terms and conditions are hereby incorporated in and made a part of the: ❑ California Residential Purchase Agreement, ❑ Residential Lease or Month -to -Month Rental Agreement, or ❑ other: Purchase and Sale Agreement , dated .Tanuazzy 18, 2005 on property known as: 1049 Orcutt Street, San Luis Obispo, CA 93401 ( "Property ") in which The .city of SAn Luis Obispo is referred to as Buyer or Tenant and The Vivian Lucille Bullock Living Trust of 1990 is referred to as Seller or Landlord. LEAD WARNING STATEMENT (SALE OR PURCHASE) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. LEAD WARNING STATEMENT (LEASE OR RENTAL) Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, lessors must disclose the presence of lead -based paint and /or lead -based paint hazards in the dwelling. Lessees must also receive federally approved pamphlet on lead poisoning prevention. 1. SELLER'S OR LANDLORD'S DISCLOSURE (we) have no knowledge of lead -based paint and /or lead -based paint hazards in the housing other than the following: 010 AA-V L6FAh- 3ASEb QA-l� rl bu.E •rg P6E aF HOrnl'. I (we) have no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the housing other than the following, which, previously or as an attachment to this addendum have been provided to Buyer or Tenant: I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State such as "The Homeowner's Guide to Environmental Hazards and Earthquake Safety." For Sales Transactions Only: Buyer has 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards. 1 (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct. Seller Landlord Date e er or 1 aridloM The Vivian Lucille Bullock Liv Date The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or Buyer's Initials computerized formats. Copyright © 1996 -2002, CALIFORNIA Seller's Initials ( ) ( ) ASSOCIATION OF REALTORS ®, INC. ALL RIGHTS RESERVED. o FLD REVISED 1103 (PAGE 1 OF 2) Reviewed by Date EOUALNOIKINC OPPORTUNITY LEAD -BASED PA_ INT AND LEAD -BASED PAINT HAZARDS DISCLOSURE (FLD -11 PAGE 1 OF 2) Lillian D. Jewell Phone: (805)570 -6715 Fax: (805)773 -2418 Prepared using WINForms® software Lillian D. Jewell P.O. Box 3086 , Pismo Beach CA 93448 • i • 3. BUYER'S OR TENANT'S ACKNOWLEDGMENT I (we) have received copies of all information listed, if any, in 1 above and the pamphlet "Protect Your Family From Leac In Your Home" or an equivalent pamphlet approved for use in 'the State such as `The Homeowner's Guide tc Environmental Hazards and Earthquake Safety." If delivery of any of the disclosures or pamphlet referenced it paragraph 1 above occurs after Acceptance of an offer to purchase, Buyer has a right to cancel pursuant to the purchase contract. If you wish to cancel, you must act within the prescribed period.. For Sales Transactions Only: Buyer acknowledges the right for 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead - basec paint hazards; OR, (if checked) ❑ Buyer waives the right to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards. I (we) have reviewed the information above and certify, provided is true and correct. VAr Buyer or Tenant J ate to the best of my (our) knowledge, that the informatior Buyer or Tenant Date