COUIN
SAN FRANCISCO
PLANNING DEPARTMENT
Letter of Determination
April 1, 2015
1650 Mission St.
Sue 400
San Francisco,
CA 94103-2479
Reception:
415.558.6378
Daniel A. Serot
Van de Poel, Levy, Allen & Arneal, LLP
350 Sansome Street, Suite 300
San Francisco, CA 94102
Fax:
415.558.6409
Planning
Information:
415.558.6377
Site Address:
Assessor’s Block/Lot:
Zoning District:
Staff Contact:
1533-1539 Franklin Street
0665/004
NC-3/130-E
Corey A. Teague, (415) 575-9081
[email protected]
Dear Mr. Serot:
This letter is in response to your request for a Letter of Determination regarding the amount of legal office
and/or tourist hotel space at 1533-1539 Franklin Street. This parcel is located in the NC-3 Zoning District
and 130-E Height and Bulk District. The request is for the Zoning Administrator to determine 1) how
many square feet within the building, if any, is legal commercial space rather than tourist hotel space,
and 2) if the Board of Permit Appeals’ decision on Appeal No. 85-196 (issued August 14, 1985) was
perfected through a completed building permit. As the ground floor of the existing building is legal
retail/commercial space, this request pertains only to the first, second, and third floors
On July 24, 1985, the Zoning Administrator issued a variance decision letter for Case No. 84.184V that
denied the parking variance for 1537 Franklin Street. The variance was proposed to legalize the
conversion of a hotel with 24 guest rooms to 6,215.5 square feet of office space in the existing building
without providing any parking spaces for the conversion. More specifically, the letter states in Finding 1
that the office space proposed for legalization existed on three stories of the building. Finding 1 further
states that:
"according to testimony by the applicant, all the hotel rooms were converted to offices in 1978 by
the previous owner, Mr. Tom Deming. Departmental records show that Permit Application No.
7806957, dated July 24, 1978, was approved to convert only 7 of the 24 hotel rooms to offices.
Since this conversion was under 5,000 square feet, there was no parking requirement. Mr.
Deming proceeded to convert the remaining 17 hotel rooms to offices without providing the
required twelve (12) off-street parking spaces. A Certificate of Final Completion was never issued
since the total conversion of all the hotel rooms to offices went beyond the scope of the approved
permit and violated Building and Planning Code requirements."
www.sfplann i ng.org
Daniel A. Serot
Van de Poel, Levy, Allen & Arneal, LLP
350 Sansome Street, Suite 300
San Francisco, CA 94102
April 1, 2015
Letter of Determination
1533-1539 Franklin Street
On August 14, 1985, the Board of Permit Appeals issued a decision on Appeal No. 85-196 to overturn the
Zoning Administrator’s decision to deny the parking variance. Finding 2 of that decision states:
"When the owner purchased the property, the building had been converted for a number of years
and was occupied on the first [above the ground floor], second and third floors by neighborhoodserving offices.
The building was converted in such a manner that it would be extremely difficult and costly to
reconvert part of the building to hotel rooms.
Further, Bruce W. Lilienthal, Esq., Hearing Officer, in his Decision dated March 30, 1983, on
behalf of the Department of Public Works, Bureau Of Building Inspection, Division Of Apartment
And Hotel Inspection, held on page 3 of said Decision that:
The record is clear that on September 23, 1979 no units at 1533-39 Franklin Street were in
residential or tourist use. There is also no indication that the owner, who purchased the
building in late 1980, in any way participated in, or was in any way responsible, for any
attempt to supersede any other lawfully enacted ordinance of the City and County of San
Francisco.
Hearing Officer Lilienthal held that the premises were found not to be subject to the provisions of
the Residential Hotel Unit Conversion And Demolition Ordinance of the City and County of San
Francisco. In essence, the units had been adjudicated to be "nonpermanent" and there is no loss
of permanent units involved."
The Board of Permit Appeals’ decision included three conditions. The two most relevant conditions were:
1. Owner/Applicant shall provide twelve (12) off-street parking spaces within an eight hundred foot
(800’) radius of the property.
If at any time, the off-street parking is not provided, the occupied office/commercial space shall
be reduced to four thousand nine hundred ninety-nine (4,999) square feet.
Building Permit Application No. 8607500 was issued on October 15, 1986. It stated that the proposed use
was Retail/Office/Hotel, and the description of work was "to legalize per plan." The Planning
Department approval on August 22, 1986 included a note stating:
"for existing ground floor retail, for 1st and 2nd floor office use not to exceed 4,999 square feet of
occupied floor area (actual square feet shown on approved plans rec’d 7/25/86) and for 11 tourist
hotel guest rooms. All in accordance with Board of Permits appeals decision No. 85-196 and
Notice of Special Restrictions #D716829, copies attached."
The approved plans associated with Building Permit Application No. 8607500 show the following uses:
SAN FRANCISCO
PLANNING DEPARTMENT
Daniel A. Serot
Van de Poel, Levy, Allen & Arneal, LLP
350 Sansome Street, Suite 300
San Francisco, CA 94102
April 1, 2015
Letter of Determination
1533-1539 Franklin Street
Ground Floor: Existing restaurant, existing copy shop, boiler room, and basement.
First Floor: Nine (9) office units, two toilet rooms, and one storage room.
Second Floor: Ten (10) office units and two toilet rooms.
Third Floor: Eleven (11) "Units," two half-bath rooms, one full bathroom, and one kitchen. The
plans do not indicate what type of units these represent.
However, Building Permit Application No. 8607500 was never completed, and expired on October 15,
1987. There are also no records that any inspections were ever conducted in association with this permit.
While various permits and referrals were approved for this property since 1986, they provide inconsistent
information about the mix of land uses on this property, and none include a scope of work that clearly
changed or established any particular land use.
Finally, Report of Residential Building Record (3R) No. 201411055213 states that the present authorized
occupancy or use is "HOTEL WITH 20 GUEST ROOMS WITH COMMERCIAL."
Therefore, it is my determination that work proposed under 1) Building Permit Application No. 7806957
for five office units on the first floor and five office units on the second floor (total of 10), and 2) Variance
Case No. 84.184V, Appeal No. 85-196, and Building Permit Application No. 8607500 to legalize the
conversion of tourist hotel rooms on the first and second floor to office space was never legalized because
the specific scopes of work approved under Building Permit Application Nos. 7806957 and 8607500 were
not completed or perfected. No other approved and completed permit since that time has changed any
land use on the subject property. As such, the legal use of the first, second and third floors never legally
changed from a tourist hotel use to office use. Furthermore, a tourist hotel use in the NC-3 Zoning
District requires a Conditional Use Authorization. Per Planning Code Section 178(d) "a permitted
conditional use which is discontinued for a period of three years, or otherwise abandoned, shall not be
restored, except upon approval of a new conditional use application."
APPEAL: If you believe this determination represents an error in interpretation of the Planning Code or
abuse in discretion by the Zoning Administrator, an appeal may be filed with the Board of Appeals
within 15 days of the date of this letter. For information regarding the appeals process, please contact the
Board of Appeals located at 1650 Mission Street, Room 304, San Francisco, or call (415) 575-6880.
Sincerely,
Scott F. Sanchez
Zoning Administrator
cc:
Corey A. Teague, Assistant Zoning Administrator
Property Owner(s)
Neighborhood Groups
SAN FRANCISCO
PLANNING DEPARTMENT
(L)IVA
VAN DE POE[, LEW, ALLEN &ARNEAL, LLP
RECEIVED
ATTORNEYS AT LAW
JAN 13 2015
CITY & COUNTY OF S.F.
January 12, 2015
PLANNING DEPARTMENT
RECEPTION DESK
Via One Hour Delivery Service
Scott Sanchez
Zoning Administrator
Attn: Corey Teague
San Francisco Planning Department
1650 Mission Street, Suite 400
San Francisco, CA 94103
Re:
(Nw)
C.
7&IGV&
1533 - 1539 Franklin Street - Supplemental Request for Letter of Determination
Dear Mr. Teague:
In follow up to our email exchange regarding 1533-1539 Franklin Street, San Francisco, CA
94109, we submit this Supplement Request for Letter of Determination and request your input
regarding the following:
What is the minimum amount of space (square footage or otherwise), if any, that is
required to be commercial rather than hotel pursuant to the enclosed Board of
Appeals decision? The maximum square footage has been specified.
2. Was the Board of Appeals ruling legalized? And if not, does the property revert back
to an all tourist hotel? In previous correspondence to George Chao you had raised the
question of whether or not the ruling was legalized in respect to Building Permit
Application No. 8607500 which expired, incomplete.
In addition, the Board of Appeals decision required a Deed Restriction to be recorded
as one of the conditions approving the variance. Based on the enclosed Preliminary
Title Report, a Deed Restriction does not appear to have ever been recorded.
Between the expired BPA and the lack of recording the Deed Restriction, it does not
appear that the Board of Appeals decision has been complied with and therefore is not
in affect.
(0123 1381.DOCX;1)
Northern California
Walnut Creek
Northern California
San Francisco
Southern California
Calabasas
1600 South Main Plaza, Suite 325
Walnut Creek, CA 94596
Tel: (925) 934-6102
Fax: (925) 934-6060
350 Sansome Street, Suite 300
San Francisco, CA 94102
Tel: (415) 291-8844
Fax: (925) 934-6060
23801 Calabasas Road, Suite 100
Calabasas, CA 91302
Tel: (844) 400-6585
Fax: (925) 934-6060
www.vanlevylaw.com
Scott Sanchez
Attn: Corey Teague
Re: 1533 - 1539 Franklin Street - Supplemental Request for Letter of Determination
January 12, 2015
Page 2
Please do not hesitate to contact me if you need any additional information, or have questions.
Respectfully,
VAN DE P0 , LEVY, ALLEN & ARNEAL, LLP
DANI A. SEROT
Attorney at Law
DAS
Enclosures: Board of Appeals
Preliminary Title Report
{01231381.DOCX;1}
LAW OH.CE5
GORDON
or
J. Lu
555 MONTGOMERY STRELT
CROON J. LAU
SUITE 1010
GILBERT Y. JAY
-
TELEFr,ON:
SAN FRANCISCO, CA 94111
IIb 788-7300
BYRON F WONO
September 13, 1985
Mr. Robert Lee
1537 Franklin Street, Suite 308
San Francisco, CA 911109
John Kao, Esq,
Titohell, Maltzjnan, et al,
650 California Street, 29th Floor
San Francisco, CA
94108
RE:
-
1537 Franklin Street
BPA Decision
Dear Bob and John,
Enclosed please find the Notice Of Decision
received from Jim Ryan at the Board of Permit Appeals today,
Friday, September 13, 1985,
Pl’ease note that under Description of Variance
Sought; The proposal is to legalize the conversion of a
hotel with 24 guest rooms to 6215,5 square feet of ’office
space in the existing building without providing any parking
spaces and that the decision of the Zoning Administrator was
disapproved with conditions provided the the Board of Permit
Appeals by me,
Please note on page 11 of the Decision signed by
Robert Feldman, the Secretary of the BPA, that owner has the
option
or ,
square feet (without off-streetparklng).
It is my understanding that you are worktng with
Chester Chin to resolve tlio.technioal issues with BBI.
-
Very truly yours,
-
GORDON J, LAU
GJL:bf
Enclosure
cc:
.
Mr, Chester Chi
..........
came on regularly for hearing before the Board of Permit Appeals of the City and
County of San Francisco on
August 34, 1985
and the said decision of the Zoning Administrator was DISAPPROVED or M(DIFISD,
with such c-onditions as are necessaryto secure the objectives of the Planning
Code, on
August 14,1985
as follows:
See Conditions and Findings of Fact attached to this Notice of Decision.
The. Board of Permit Appeals finds that there was error on the part of the
Zoning Administrator pertaining to the five conditions of-Section
305(c) of the
Planning Code as set forth below and for the faots and reasons herein specified
with regard to each condition:
(1) That thereare except.ioral or extraordinary circumstances or conditions
applying to the property involved, or to the intended use. of the property, that
do not-apply generally to other property or uses in the sane class of district;
(2) That owing to such exceptional or extraordinary circumstances the literal
enforcement of specified provisions of the Code would result in practical difficulty or unnecee,aary hardship not created by or attributable to the applicant
or owner of the property;
(3) That the variance is necessary for the preservation and enjoyment of a substantial property right of The petitioner, possessed by other .propertq in the
sane class of district;
(Li) That the granting of the variance will not be materially detrimental to the
public welfare or materially injurious to the property or improvements in the
vicinity; and
() That the granting of such variance will be in harmony with the general purpose and intent of this Code and will not adversely affect the Master Plan..
APPEAL NO. V85-196
Dated August 14, 1985
-
-
BRD OF PERMIT APPEAlS
OF THE CITY-AND COU1TY.OF SAN FRANCISCO
E. Berg
Jerry E..Berg,
By/SI Jerry
Findings of FactadoptØdby
President
Board August 28, 1985
Decision released to the
Department September 3, 1985.
By IS! Robert K. Feld m an
Robert H. Feldman xecutive Mrac
toz-
V
’
7.
Appeal No. 85-196
ROBERT LEE v. ZONING ADMINISTRATOR
SAN FRANCISCO
BOARD OF PERMIT APPEALS
ADOPTING FINDINGS RELATING TO THE APPROVAL BY THE BOARD OF
PERMIT APPEALS OF APPEAL NO. 85-196 UPHOLDING THE OFF-STREET
PA’RKINp VARIANCE NECESSARY FOR COMMERCIAL/OFFICE OCCUPANCY
OF SIX THOUSAND TWO HUNDRED FIFTEEN AND. ONE-HALF ’(6,215-1/2)
SQUARE FEET AT 1537 FRANKLIN STREET, LOT ii IN ASSESSOR’S
BLOCK 665 IN A C-2 (COMMUNITY BUSINESS) DISTRICT.
Preamble
On August lii,’ 1985, the Board of Permit Appeals (hereinafter "Board") conducted a duly noticed public hearing on
Appeal No. 85-196, :
The Board has reviewed and considered reports, studies,
plans and other documents pertaining to the proposed
Variance.
.
.
.
.
The Board has heard and considered the testimony presented to *it at the public hearing and has- further considered the written materials and oral testimony presented on
behalf, of the Appellant, the department staff and other
interested parties;
Description of Variance Sought
-Off-street Parking Variance sought: To-legalize the
conversion of a hotel with 2’ guest. tooms to 6,215,5 square
feet of office/commercial space in the existing building.
Appellant offers to provide twelve (.12) ott-street parking
spaces within an eight hundred (800) foot radius of the
Project. If the twelve (12) off-treet parking spaces are
not, provided at anytime in the future-, the office/commerdil
spae shall be reduoed to four thousand nine hundred ninetynine (1,999) square"feet.
..
.
Findings
Having reviewed all the materials identified in the
recital5, and having herd oral testimony and arguments, the
Board finds,- concludes and determines as follows:
1, That there are exceptional or extraordinary circumstances applying to the property involved or to the
intended use of the property that do not apply
generally to other property or uses in the same
class of.district;
The owner is willing, and has offered, to provide
twelve (12) off-street parking spaces within an
eight hundred (BOO) foot radius of the property.
The owner has’ ascertained that ’the twelve (12)
off-street parking spaces are available,
Appeal, No, 85-196
1533-39 Franklin St,
Page 2
Generally, up to five thousand (5,000) square feetof-commercial use’.is allowed in a C-2 district. The
owner is willing to either reduce the commercial
space to less than five thousand (5,000) square
feet or, In the alternative, to. provide the twelve
(12) off-street parking spaces, In addition, the
owner is willing to accept a deed restriction and
to insert a clause in its. leases to inform present
and future lessees of the deed restricion
2. That owing to such exceptional and extraordinary ,
circumstances the literal enforcement of specified
prqvisions of this Code would.result in practical
difficulty or unrecessary hardship not created by
or attributable to the applicant or the owner of
the ’property;
When the owner purchased the property, the building
. had been, converted for a number of years- and was
occupied on the first, second and third floors by
neighborhood-serving offices
The building was converted in such a manner that .-it
would be extremely difficult and costly to-reconvert part of the building to hotel rooms.
Further, Bruce,W. Lilienthal, Esq., Hearing
Officer, in his Decision dated March 30, 1983, on
behalf of the Department Of’ Public Works, Bureau Of
Building Inspection, Division Of Apartment. And
Hotel Inspection, held on page 3of said Decision
that
The record Is.-clear that on September 23,
979 no units at 1533-39 Franklin Street
were" in residential or tourist use.
There is also - no indication that the,
owner, who purchased the, building in late
1980, in any way participated in, or was
in any ’way responsible, for any attempt
to supersede any other lawfully enacted
ordinance of the City and’ County. of
San Francisco,
Hearing Officer Lilienthal’held that the premises
was found not to.be subject to the provisions of
the Residential Hotel Unit Conversion And Demolj,?’
.tion Ordinance of the City and County of
San Francisco. In essence, the ’units had been’.
adjudicated to be "nonpermanent" and there is’ no
loss of permanent units involved.
/
-
.
Appeal No. 85-196
1533-39 Franklin St.
Page 3
If ’the owner is forced to "reconvert" some of the
space to "tourist" units, we will be trading neighborhood serving office space for ’a tourist hotel..
Under the Code, the tourist hotel would reqUre no
aditional off.street parking spaces. The owner is
offering to provide twelve (12) off-street parking
spaces at his. expense.
3. That such variance is’ necessary for the preservation and enjoyment of a substantial property right..
of the subject property, possessed by other property in the same’ class of district;
Other properties in the class of district and in
the nearby vicinity have in eccess of five thousand
(5,000) square feet of commercial space in use
without off-street parking or have been gr3nted
variances f9r off-street parking,
i, That the granting of such variance will not be,
iaterially detrimental to the public welfare or
materially injurious to the property. or Improvements In .the vicinity;
The users of the office spaceprovid,e services to
the neighborhood, Such use has been in existence
since 1978 without detriment to the neighborhood.
Additionally, if ’aportion .of the property reverts
to a tourist’ hotel, the off-street parking requirement Is one off-street ’parking space’ per sixteen
(16) tourist rooms. This will exacerbate any offstreet parking problems that exist in the neighbor-..
hood.
,
.
..
The owner-offers’ to provide twelve (12) off-street
parking, spaces within eight hundred (800) feet. of
the premises at his expense.
5. -That the granting of such variance will be in harmony with the general purpose and intent of this
Co.de and will, not idversely affect the Master Plan,
"Back office space" is being encouraged along the
Van Ness Corridor, The provision of twelve (12)
off-street parking spaces by the owner will encourage the current tenants of the premises to use the
off-street parking spaces at no expense to them-’
selves. Further, many of the current tenants have
indicated in writing that they and their clients
live in the neighborhood and/or walk or use public
transit’ to the premises,
-
Additionally, users of a tourist hotel oftentimes
drive their private vehicles.to San Francisco ,and
to the tourist hotel, These private autos would
create an additional burden with regard to onstreet, parking ’in. the neighborhood.
Appeal No. 85-196
1533-39 Franklin St.
Page 1
DECISION
That based upon the record, the submissions bythe
Appellant, the staff of the Department and other interested
parties, the oral testimony presented to this Board at: the
public heating, and all other written materials submitted by
all parties, the Board hereby approves the Variance sought
in Case No, 81.184V, Appeal No. 85-196, on the following
conditions:
.
.
1. Owner/Appellant shall, provide twelve. (12) offstreet parking spaces within an eight hundred (800)
square radius qf the property.
2., If atanytie, the off-street parking is not provided, the occupied office/commercial space shall
be reduced to four thousand nine hundred ninetynine (11,999) square feet.
3. The Deed Restriction attached hereto as Exhibit "A"
which is incorporated herein by reference as though
fully Set forth shall be recorded with the Office
of the San Francisco Recorder,
I hereby certify that the foregoing Motion was ADOPTED
by the Board of Permit Appeals on August 20, 1985.
..
OBERT FELDMAN
Secretary
.
AYES:
Commissioners Bergs Engmann, Guggenbime and.
Jackson
.
.
NOES:
None"
on ’
ABSENT:
. McCarthy
.
Order Number: VN-1 012
Page Number: I
CORNERSTONE
T] TL F COM I A N
Cornerstone Title Company
Cornerstone Title Company
1560 Van Ness Avenue 2nd Floor
San Francisco, CA 94109
PH: 415-346-3250 FX: 415.346-3277
GEORGE CHAO
COLDWELL BANKER RESIDENTIAL BROKERAGE
1560 VAN NESS AVE FL 2
SAN FRANCISCO, CA 94109-4
(415)9873380
[email protected]
Escrow Officer: JENNIFER BRATKO
Email: [email protected]
Assistant:
Email:
E-Mail Loan Documents to:
Owner:
Property:
Wen Juan Pan, Wayne Pan, Wen Zung Pan, Wen
Ju Pan, Cindy Pan, Sherry Koo, Robert Lee, Clara
Mo
1533-1537 FRANKLIN STREET
SAN FRANCISCO, CA 94109
CornerStone Title Company
Order Number: VN-1 012
Page Number: 2
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below 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 Limit 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 hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 3
Dated as of Friday, November 07, 2014 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA/CLTA Homeowner’s Policy of Title Insurance (2008), if applicable, or
CLTA/ALTA Standard Owner’s Policy 1990; and/or ALTA Loan Policy (2006).
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Robert C. Lee; Wen-Juan Pan, a single person; Wen-Ju Pan, a single person; Wen-Zung Pan, a single
person; Clara Mo; Cindy Wen Ju Pan; Wayne Wen Zung Pan; Sherry Koo, all as their interests may be
determined
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.
General and special taxes and/or assessments for the fiscal year 2014 - 2015, as follows:
Assessor’s Parcel No.:
TRA:
Ist Installment:
2 Installment:
0665-004
01-000
$6,742.53 OPEN, DUE ON OR BEFORE 12/10/2014
$6,742.53 OPEN, DUE ON OR BEFORE 4/10/2015
2.
The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the
Revenue and Taxation Code of the State of California.
3.
Said property is included within the boundaries of a Mello Roos assessment district which is collected
with the county taxes.
CornerStone Title Company
4.
Order Number: VN-1 012
Page Number: 4
A deed of trust to secure an indebtedness or obligation as stated therein, and any other amounts or
obligations under the terms thereof.
Dated:
Trustor/Borrower:
Trustee:
Beneficiary/Lender:
Amount/Obligation:
Recorded:
10/21/2008
ROBERT C. LEE
NORTH AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION
MARGARET N. LEE, TRUSTEE OF THE MARGARET N. LEE SURVIVOR’S
TRUST
$500,000.00
10/21/2008, 2008-669245
SAID DEED OF TRUST AFFECTS THE INTEREST OF ROBERT C. LEE ONLY.
5.
Matters contained, referred to, or disclosed in an instrument,
PROPOSED BOUNDARIES OF THE CITY AND COUNTY OF SAN FRANCISCO SPECIAL
TAX DISTRICT NO. 2009-1
Executed By: CITY AND COUNTY OF SAN FRANCISCO
Recorded:
12/7/2009, 2009-882362
Entitled:
6.
Rights of parties in possession as tenants and tenants only.
7.
The effect of instruments, proceedings, liens, decrees or other matters which do not specifically
describe said land but which, if any do exist, may affect the title or impose liens or encumbrances
thereon. The name search necessary to ascertain the existence of such matters has not been
completed and in order to do so, we require a signed Statement of Identity from or on behalf of
ROBERT C. LEE.
8.
Note:
A.
B.
C.
The requirement that High Liability approval be obtained prior to the close of escrow.
Inspections may be required.
Hi-Li approval process must be completed according to underwriter’s requirements.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than
the certain dollar amount set forth in any applicable 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. If you desire to
review the terms of the policy, including any arbitration clause that may be included, contact the office that
issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in
connection with your transaction.
1.
This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if
applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) COMMERCIAL
PROPERTY known as 1533-1537 FRANKLIN STREET, SAN FRANCISCO, CA, 94109
There are no conveyances affecting said land within two (2) years of the date of this report, except the
following:
None.
3.
The current vesting was derived from the following documents:
A deed was recorded 11/20/1980 as instrument No. Book D104-299, Official Records
Dated:
Grantor:
Grantee:
11/17/1980
RICHARD DERINGER, SHIRLEY RISS, A MARRIED WOMAN AS HER SOLE AND
SEPARATE PROPERTY AND TRUST FBO DAVID BORBEN RISS AND JULIE BROWN
NAGLER
ROBERT C. LEE, A SINGLE MAN
A deed recorded 11/24/1980 as instrument no. Book D106, Page 151, official records
Dated:
Grantor:
Grantee:
11/21/1980
ROBERT C. LEE
ROBERT C. LEE, AS TO AN UNDIVIDED 20% INTEREST, CHUN-NEW PAN AND
PERNG YU-CHING PAN, HUSBAND AND WIFE, AS TO AN UNDIVIDED 25%
INTEREST, WEN-JUAN PAN, A SINGLE PERSON, AS TO AN UNDIVIDED 20%
INTEREST, WEN-JU PAN, A SINGLE PERSON, AS TO AN UNDIVIDED 20%
INTEREST, AND WEN-ZUNG PAN, A SINGLE PERSON, AS TO AN UNDIVIDED
15% INTEREST
CornerStone Title Company
Order Number: VN-1012
Page Number: 6
A deed recorded 12/17/1980 as instrument no. D119. Page 307, official records
Dated:
Grantor:
Grantee:
11/17/1980
ROBERT C. LEE, A SINGLE MAN
CHUN-NEW PAN, AS TO AN 80% UNDIVIDED INTEREST
A deed recorded 04/14/1981 as instrument no. Book D182, Page 346, official records
Dated:
Grantor:
Grantee:
11/21/1980
ROBERT C. LEE
ROBERT C. LEE, AS TO AN UNDIVIDED 20% INTEREST, CHUN-NEW PAN AND
PERNG YU-CHING PAN, HUSBAND AND WIFE, AS TO AN UNDIVIDED 25%
INTEREST, WEN-JUAN PAN, A SINGLE PERSON, AS TO AN UNDIVIDED 20%
INTEREST, WEN-JU PAN, A SINGLE PERSON, AS TO AN UNDIVIDED 20%
INTEREST, AND WEN-ZUNG PAN, A SINGLE PERSON, AS TO AN UNDIVIDED
15% INTEREST
DOCUMENT ISSUED OUT OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO IN
RE: THE ESTATE OF PERNG YU-CHING PAN, PROBATE CASE PES-09-292718, AWARDING SAID
DECEDENTS INTEREST IN SAID PROPERTY TO CHUN-NEW PAN
Recorded:
12/03/2009, Reel K031, Image 0197
DOCUMENT ISSUED OUT OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO IN
RE: THE ESTATE OF CHUN-NEW PAN, PROBATE CASE NO. PES-09-292608,
Recorded:
03/20/2013, Reel K857, Image 0224
4.
The map attached, if any, may or may not be a survey of the land depicted hereon. Cornerstone Title
Company, and its underwriters, expressly disclaims any liability for loss or damage which may result
from reliance on this map except to the extent coverage for such loss or damage is expressly provided
by the terms and provisions of the title insurance policy, if any, to which this map is attached.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 7
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF SAN FRANCISCO, COUNTY OF SAN FRANCISCO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING at the point of intersection of the northerly line of Austin Street and the westerly line of
Franklin Street; running thence northerly and along said line of Franklin Street 30 feet; thence at a right angle
westerly 100 feet; thence at a right angle southerly 30 feet to the northerly line of Austin Street; thence at a right
angle easterly along said line of Austin Street 100 feet to the point of commencement.
BEING part ofWESTERN ADDITION BLOCK NO. 127.
APN: 0665-004
CornerStone Title Company
r: VN-1012
Number: 8
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CornerStone Title Company
Order Number: VN-1012
Page Number: 9
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company,
underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a
specified number of days after depositing funds, before recording any documents in connection with the transaction or
disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the
case of cashier’s checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid
unnecessary delays of three to seven days, or more, please use wire transfer, cashier’s checks, or certified checks whenever
possible.
If you have any questions about the effect of this new law, please contact your local Cornerstone Office for more details.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) which arise by reason of:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property
1.
or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not
shown by the records of such agency or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
2.
which may be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
3.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
4.
not shown by the public records.
Unpatented mining claims; _(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof (c) water rights claims or title to
5
water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or
expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
1.
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
2.
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
3.
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
4.
any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
5.
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the
6.
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors’ rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER’S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1.
2.
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on
the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of
Policy.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 11
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known
to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in
paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real G
1.
property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by
2.
making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
3.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
4.
not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
5.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
6.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE
1.
2.
3.
4.
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on
the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law
ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of
Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known
to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the
Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or
to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set
forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by
2.
making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
3.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
4.
not shown by public records.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 12
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or
expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
1.
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except
to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
2.
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
-3
4.
5.
6.
7.
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage
over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under
construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the
insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the
transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from
the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in
paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of:
1.
2.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by
making inquiry of persons in possession thereof.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 13
3.
4.
5.
6.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER’S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or
expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resung from a violpUon or alleged VlolduF1 aIIeciiy tie Idiud hds been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
2.
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims, or other matters:
3.
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or
damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
4.
of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the
transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1.
9. AMERICAN LAND TITLE ASSOCIATION OWNER’S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in
paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property
1.
or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by
2.
making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
3.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
4.
not shown by public records.
tJnpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
5.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 14
6.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. PROTECTION OWNERS POLICY
CLTA HOMEOWNERS POLICY OF TITLE INSURANCE - 2008
ALTA HOMEOWNERS POLICY OF TITLE INSURANCE - 2008
Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences)
are subject to Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys’ fees, and expenses resulting from:
1.
Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
b. zoning
a. building
d. improvements on the land
f. environmental protection
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
c. land use
e. land division
2.
3.
4.
5.
6.
The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does
not limit the coverage described in Covered Risk 14 or 15.
The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
Failure to pay value for Your Title.
Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your
Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on
Schedule A are as follows:
Our Maximum Dollar
Your Deductible Amount
Limit of Uability
Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
$10,000.00
$25,000.00
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
$25,000.00
$5,000.00
11. THIRD GENERATION LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (1/01/08)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or
expenses which arise by reason of:
1.
2.
3.
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii)
the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or
16.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
CornerStone Title Company
Order Number: VN-1012
Page Number: 15
4.
5.
6.
7.
8.
Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of
the state where the Land is situated.
Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage
provided in Covered Risk 26.
Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured
has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not
modify or limit the coverage provided in Covered Risk 11.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.
This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys fees, or
expenses that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
Prohibiting, or relating to
-
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.
Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.
5.
6.
7.
Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws
of the state where the Land is situated.
Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered
Risk 11(b).
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of:
1.
2.
3.
4.
5.
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property
or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 16
14. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys
fees or expenses which arise by reason of:
1.
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
Prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)
Does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
-2Rights of eminent domain. This Exclusion does not modify or l i m i t the coverage provided under Covered R i ck 7 or R
3.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
15. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - 2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy.
SCHEDULES
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason
of:
1.
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2.
Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
3.
4.
5.
CornerStone Title Company
Order Number: VN-1 012
Page Number: 17
CORNERSTONE TITLE COMPANY
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We
understand that you may be concerned about what we will do with such information - particularly any personal or financial
information. We agree that you have a right to know how we will utilize the personal information you provide to us.
Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in w hich we
may use information we have obtained from any other source, such as information obtained from a public record or from
another person or entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect
include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means;
. Information about your transactions with us, our affiliated companies, or others; and
. Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product
or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely,
including the period after which any customer relationship has ceased. Such information may be used for any internal
purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal
information listed above to one or more of our affiliated companies. Such affiliated companies include financial service
providers, such as title insurers, property and casualty insurers, and companies involved in real estate services, such as
home warranty companies. Furthermore, we may also provide all the information we collect, as described above, to
companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict
access to nonpublic personal information about you to those individuals and entities who need to know that information to
provide products or services to you. We will use our best efforts to train and oversee our employees and agents to help
ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
CornerStone Title Company
Exhibit A
REAL PROPERTY IN THE CITY OF SAN FRANCISCO, COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING at the point of intersection of the northerly line of Austin Street and the westerly line of Franklin Street;
running thence northerly and along said line of Franklin Street 30 feet; thence at a right angle westerly 100 feet; thence at a right
angle southerly 30 feet to the northerly line of Austin Street; thence at a right angle easterly along said line of Austin Street 100
feet to the point of commencement.
BEING part of WESTERN ADDITION BLOCK NO. 127.
APN: 0665-004
CORNERSTONE
I 1 11 L E C 0 M. P A N \’
Cornerstone Title Company
1560 Van Ness Avenue 2nd Floor
San Francisco, CA 94109
PH: 415-346-3250 FX: 415.346-3277
WIRING INSTRUCTIONS
PAYABLE TO:
Cornerstone Title Company
BANK:
MUFG Union Bank
AL))RSS:
I98O Saturn Strt; - Mont erey Park CA 91755 -
ACCOUNT:
0041922337.
ROUTING NUMBER:
122000496.
PLEASE REFERENCE THE FOLLOWING:
CUSTOMER NAME:
FILE NUMBER:
VN-1012
ESCROW OFFICER:
JENNIFER BRATKO
ATTENTION: Please make sure all wires reference your name and your escrow number to eo""
credit do yQur account,
ACH TRANSFERS WILL BE RETURNED - Please be advised that online banking transfers
cannot be accepted unless they are transferred as immediate funds, not by ACH, Automated
Clearing House. Please verify with your bank how funds are transferred for immediate credit.
PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO Cornerstone Title Company.
PLEASE NOTIFY JENNIFER BRATKO at the phone number above, WHEN YOU HAVE TRANSMITTED
YOUR WIRE.
ALL WIRES WILL BE RETURNED IF THE FILE NUMBER
AND/OR NAMES(S) ARE NOT INCLUDED.