PRELIM-LINKED.PDF
PDF 882 KB Posted
- Attached to
- Cable Creek Basin (Upper) RFP
- Solicitation number
- PWG126-ADMIN-6438
- Issued by
- San Bernardino County, San Bernardino City, California
About this file
This is a Preliminary Title Report issued by Commonwealth Land Title Insurance Company for property located in San Bernardino, California, involving the San Bernardino County Flood Control District as the current title holder. The report addresses title insurance coverage for Assessor Parcel Number 0261-131-04-0-000, which comprises portions of Blocks 82 and 83 of Irvington Land & Water Company's Subdivision in the City of San Bernardino. The property includes portions of vacated Irvington Avenue per Resolution No. 92-100. The effective date of the report is June 25, 2025, with the order processed by title officer Chris Maziar at Commonwealth Land Title Insurance Company. The report is prepared for BKF Engineers, indicating this transaction supports engineering or development work related to the flood control district property.
The report identifies multiple easements and encumbrances affecting the property, including water rights easements dating to 1883, Pacific Telephone and Telegraph Company aerial communication easement from 1947, and reserved water rights from the original 1948 conveyance to the flood control district. Notable exceptions to coverage include unpatented mining claims, water rights claims, and various easements whose exact locations are not disclosed in public records. The report notes that the description provided may not constitute an insurable parcel under the Subdivision Map Act and requires approval by the appropriate governing agency prior to closing. Property taxes for fiscal year 2025-2026 are noted as a lien not yet due and payable. No conveyances affecting the land were recorded within 24 months of the report date.
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Text version
PRELIMINARY REPORT
Prelim Number:
4400 MacArthur Blvd, Suite 800 Newport Beach, CA 92660
932504448
CLTA Preliminary Report Form (02/03/2023) Printed: 07.25.25 @ 03:14 AM Page 1 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
Issuing Policies of Commonwealth Land Title Insurance Company
Order No.: 932504448 Project: 0261-131-04-0000
TO:
BKF Engineers 4675 MacArthur Ct, Suite 400 Newport Beach, CA 92660
Attn: Joe Nelson Ref No.: 0261-131-04-0000
Title Officer.: Chris Maziar Email: CMaziar@cltic.com Phone No.: 9497243170 Fax No.: 949-258-5740
Escrow Officer:
Email:
Phone No.:
Fax No.:
Loan No.:
Property: APN #0261-131-04-0-000, San Bernardino, CA 92407
In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of a defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Exclusions from Coverage, and Conditions of said policy forms.
With respect to any contemplated owner's policy, the printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. 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/ALTA Homeowner's Policy of Title Insurance, which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. 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 herein and the exceptions and exclusions set forth in Attachment One 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.
Countersigned By:
Authorized Officer or Agent Ron Howarth
CLTA Preliminary Report Form (02/03/2023) Printed: 07.25.25 @ 03:14 AM Page 2 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
COMMONWEALTH LAND TITLE COMPANY PRELIM NO. 932504448
Effective date: June 25, 2025 at 07:30 AM
The form of Policy or Policies of Title Insurance contemplated by this Report is:
A PRELIMINARY REPORT ONLY
1. The estate or interest in the Land hereinafter described or referred to covered by this Report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT a body politic and corporate of the State of California
3. The Land referred to in this Report is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
https://www.smartviewonline.net/Root/WebStorage/orderguid/804CD86D-3281-4DD5-A809-E49BCE8BD117/Vesting_%202268-146.pdf
EXHIBIT A
Legal Description
CLTA Preliminary Report Form (02/03/2023) Printed: 07.25.25 @ 03:14 AM Page 3 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
For APN/Parcel ID(s): 0261-131-04-0-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF BLOCKS 82 AND 83 OF IRVINGTON LAND & WATER COMPANY’S SUBDIVISION OF A PART OF THE MUSCUPIABE RANCHO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 32 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF PARCEL 3 OF THE LAND CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY POLITIC AND CORPORATE OF THE STATE OF CALIFORNIA, RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 146 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF IRVINGTON AVENUE VACATED BY RESOLUTION NO. 92-100, RECORDED MARCH 23, 1992 AS INSTRUMENT NO. 92-123090 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID PARCEL 3, ALL LYING WITHIN ASSESSOR PARCEL NO. 0261-131-04.
NOTE: THIS COMPANY HAS PROVIDED SAID DESCRIPTION AS AN ACCOMMODATION FOR THE PURPOSE OF FACILITATING THIS REPORT. PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA, SAID DESCRIPTIONS MAY NOT BE AN INSURABLE PARCEL AND SHOULD NOT BE RELIED UPON TO CONVEY, FINANCE OR ENCUMBER SAID LAND UNTIL APPROVED BY THE APPROPRIATE GOVERNING AGENCY.
APN: 0261-131-04-0-000
PLOTTED EASEMENTS
https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/2F2AFEA7-E305-4944-9910-CEE1030DBE58/261-13%20MAP%20ASSESSOR.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/2F2AFEA7-E305-4944-9910-CEE1030DBE58/261-13%20MAP%20ASSESSOR.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/2F2AFEA7-E305-4944-9910-CEE1030DBE58/261-13%20MAP%20ASSESSOR.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/591815A1-4E2C-4877-B597-91177AD70E94/1-32%20MAP%20RECORDOFSURVEY.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/6BA22AA8-D837-4E9D-BB0A-54F2671B3F79/2268-146.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/526687E8-6840-4A19-8B42-DEDC571B57DD/932504448%20Plotted%20Easements.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/2F2AFEA7-E305-4944-9910-CEE1030DBE58/261-13%20MAP%20ASSESSOR.pdf
COMMONWEALTH LAND TITLE COMPANY PRELIM NO. 932504448
Page 4 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
EXCEPTIONS
At the date hereof, items to be considered and exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows:
Section A:
The following exceptions will appear in policies when providing standard coverage as outlined below:
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.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. 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.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),
(b) or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Section B:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2025-2026.
B. There were no taxes levied for the fiscal year 2024-2025 as the property was vested in a public entity.
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.
1. Water rights, claims or title to water, whether or not disclosed by the public records.
2. Easement(s) in favor of the public over any existing roads lying within said Land.
3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: Right to lay pipes for conducting water Recording Date: July 19, 1883 Recording No: Book 34, Page 196, of Deeds
The exact location and extent of said easement is not disclosed of record.
https://www.smartviewonline.net/Root/WebStorage/orderguid/84A1BEA0-61E0-44CE-B740-DE05D44FB620/34-196%20Deeds.pdf
Page 5 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: Ditches, flumes and pipes Recording Date: December 20, 1883 Recording No: Book 35, Page 458, of Deeds
The exact location and extent of said easement is not disclosed of record.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: The Pacific Telephone and Telegraph Company, a corporation Purpose: Aerial telephone, telegraph, and communication structures Recording Date: June 13, 1947 Recording No.: Book 2053, Page 488, of Official Records Affects: A portion of said land
6. Easements and all Water and Water rights as reserved in that certain document recorded July 27, 1948 in Book 2268, Page 146, of Official Records.
The exact location and extent of said easement is not disclosed of record.
7. Any irregularities, reservations, easements or other matters in the proceedings occasioning the abandonment or vacation of the street/road shown below:
Name: Irvington Avenue Recording Date: March 23, 1992 Recording No.: 92-123090, of Official Records Affects: As set forth therein
8. The description shown in Schedule A of this report may not be relied upon as an insurable parcel and has been provided by this company as an accommodation for the sole purpose of facilitating this report. Prior to closing, a description approved by the appropriate governing agency must be submitted to this company for review.
END OF EXCEPTIONS
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR
INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/8ABE189B-A814-41E9-A592-A44FA617D390/35-458%20Deeds.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/AF49AE9B-1E34-4F20-8E5E-001A9096B8A1/2053-488.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/6BA22AA8-D837-4E9D-BB0A-54F2671B3F79/2268-146.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/6BA22AA8-D837-4E9D-BB0A-54F2671B3F79/2268-146.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf https://www.smartviewonline.net/Root/WebStorage/orderguid/7B6188C8-336D-4A57-A7AE-971A04784535/1992-123090%20Vac.pdf
Page 6 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
REQUIREMENTS
NONE
END OF REQUIREMENTS
Page 7 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
INFORMATIONAL NOTES
1. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued.
2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.
3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.
4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.
5. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
Page 8 CA-CW-FXFC-02620.208042-SPS-1-25-932504448
6. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies:
A. 2006 ALTA Owner’s Policy (06-17-06).
6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
B. 2006 ALTA Loan Policy (06-17-06)
8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage.
C. ALTA Homeowner’s Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13).
10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15).
12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage.
E. CLTA Standard Coverage Policy 1990 (11-09-18).
7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members.
8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe’s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage.
END OF INFORMATIONAL NOTES
Wire Fraud Alert Page 9 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 932504448 - WIRE0016 (DSI Rev. 12/07/17)
TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved
WIRE FRAUD ALERT
This Notice is not intended to provide legal or professional advice.
If you have any questions, please consult with a lawyer.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.
In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.
USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.
For more information on wire-fraud scams or to report an incident, please refer to the following links:
Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov http://www.fbi.gov http://www.ic3.gov
Privacy Statement Printed: 07.25.25 @ 03:14 AM SCA0003004.doc Page 10 of 20 CA-CW-FXFC-02620.208042-932504448
FIDELITY NATIONAL FINANCIAL
CALIFORNIA PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This California Privacy Notice explains how we collect, use, and disclose Personal Information, when and to whom we disclose such information, and the rights you, as a California resident ("Consumer"), have regarding your Personal Information ("California Privacy Rights"). "Personal Information" means information that identifies, relates to, describes, and is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. If FNF has collected, used, or disclosed your Personal Information in relation to a job application or employment, independent contractor, officer, owner, or director relationship with FNF, FNF's practices are discussed in our Notice at Collection for Prospective Employees, available at Prospective California Employees.
Some subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a separate California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice does not apply.
Collection of categories of Personal Information:
In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of Personal Information from you:
Identifiers such as name, address, telephone number, IP address, email address, account name, social security number, driver's license number, state identification card, passport number, financial information, date of birth, or other similar identifiers;
Characteristics of protected classifications under California or Federal law;
Commercial information, including records of personal property, products or services purchased, or other purchasing or consuming histories;
Internet or other electronic network activity information including, but not limited to browsing history on FNF websites and information regarding a Consumer's interaction with an FNF website;
Geolocation data;
Unique biometric data used to authenticate a specific individual such as a fingerprint, retina, or iris image;
Professional or employment information;
Education Information.
This Personal Information is collected from the following sources:
Information we receive from you on applications or other forms;
Information about your transactions with FNF, our affiliates, or others;
Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities, or from internet service providers, data analytics providers, and social networks;
Information from the use of our websites and mobile applications;
Information we receive directly from you related to doing business with us.
This Personal Information is collected for the following business purposes:
To provide products and services to you or in connection with a transaction involving you;
To perform a contract between FNF and the Consumer;
To improve our products and services;
To comply with legal obligations;
To detect and protect against fraudulent or illegal activity;
To communicate with you about FNF or our affiliates;
To maintain an account with FNF or our affiliates;
https://fnf.com/Prospective-California-Employees
SCA0003004.doc Page 11 of 20 CA-CW-FXFC-02620.208042-932504448
To maintain the security of our systems, tools, accounts, and applications;
To verify and authenticate identities and credentials;
To provide, support, personalize, and develop our websites, products, and services;
To directly market our products to consumers;
As described to you when collecting your Personal Information or as otherwise set forth in the California Consumer Privacy Act.
Disclosures of Personal Information for a business purpose:
In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal Information listed above for a business purpose. We may disclose Personal Information for a business purpose to the following categories of third parties:
FNF affiliates and subsidiaries;
Non-affiliated third parties, with your prior consent;
Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets;
Service Providers and non-affiliated third parties such as data analytics providers;
Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order.
Sale of Personal Information:
In the preceding twelve (12) months, FNF has not sold or shared Personal Information. FNF does not sell or share Personal Information.
Retention Periods:
Due to the breadth and variety of data collected by FNF, it is not possible for us to provide you with a comprehensive list of timeframes during which we retain each category of Personal Information. FNF retains categories of information as reasonably necessary to satisfy the purpose for which we collect the information. This time period varies depending on the purpose for which we collected the information, the nature and frequency of our interactions and relationship with you, whether we have a legal basis to continue retaining the information, industry practices, the value and sensitivity of the information, and state and federal recordkeeping requirements.
Personal Information of minors:
FNF does not knowingly collect the Personal Information of minors. FNF does not sell or share the information of consumers under sixteen (16) years of age.
Sensitive Personal Information:
FNF does not use or disclose sensitive Personal Information for any purposes other than those specified in the California Consumer Privacy Act.
Right to know:
Consumers have a right to know about Personal Information collected, used, disclosed, shared, or sold, including the categories of such Personal Information, as well as the purpose for such collection, use, disclosure, sharing, or selling, categories of third parties to whom Personal Information is disclosed, shared or sold, and the specific pieces of Personal Information collected about the consumer. Consumers have the right to request FNF disclose what Personal Information it collected, used, and disclosed in the past twelve (12) months.
Right to request deletion:
Consumers have a right to request the deletion of their Personal Information, subject to certain exceptions.
SCA0003004.doc Page 12 of 20 CA-CW-FXFC-02620.208042-932504448
Right to Correct:
Consumers have the right to correct inaccurate Personal Information.
Right to non-discrimination:
Consumers have a right not to be discriminated against because of exercising their consumer privacy rights. We will not discriminate against Consumers for exercising any of their California Privacy Rights.
Privacy Requests:
To exercise any of your California Privacy Rights, or if acting as an authorized agent on behalf of another individual, please visit California Privacy Request (FNF.com/California-privacy), call us Toll Free at 888-413-1748, or write to the address at the end of this notice.
Upon making a California Privacy Request, FNF will verify the consumer's identity by requiring an account, loan, escrow number, or other identifying information from the consumer.
The above-rights are subject to any applicable rights and obligations including both Federal and California exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements.
A Consumer may use an Authorized Agent to submit any CCPA request. Authorized agents’ requests will be processed like any other CCPA request, but FNF will also require the Consumer provide the agent written permission to make the request and verify his or her identity with FNF.
FNF website services for mortgage loans:
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice describing the categories, sources, and uses of your Personal Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Information. FNF does not share Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.
California Privacy Notice - Effective Date:
This California Privacy Notice was last updated on January 1, 2025.
Contact for more information:
For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your California Privacy Rights, please visit California Privacy (FNF.com/California-privacy), call Toll Free 888-413-1748, or contact us by mail at the below address.
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204 Attn: Chief Privacy Officer https://privacyportal.onetrust.com/webform/aa4c6ea2-82de-4ea3-b17d-9d1616eb2a19/aa627f3c-451e-4ad3-aad8-8314b2c83f3e https://fnf.com/californiaprivacy
ATTACHMENT ONE
Attachment One (11/04/22)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990 (11-09-18)
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 or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) 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.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)
(CONTINUED)
Attachment One (11/04/22)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE OWNER'S POLICY (02-04-22)
EXCLUSIONS FROM COVERAGE
The following matters are 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:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy.
Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7 Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
PART I
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 at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)
Attachment One (11/04/22)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (7-01-21)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy;
c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and
b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.
9. Any lien on Your Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For 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:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
Attachment One (11/04/22)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
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:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
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.
2. 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.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. 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.
5. Failure to pay value for Your Title.
6. 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.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For 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:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
Attachment One (11/04/22)
ALTA OWNER’S POLICY (07-01-2021)
EXCLUSIONS FROM COVERAGE
The following matters are 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:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below:
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 at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at…
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