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HomeMy WebLinkAboutOB 1 J.W. AIRPORT RPT 01-03-89FRO8' COMMUNITY DEVELOI~WlENT DEPARTMENT SUBJE CT: STATUS REPORT: JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA), AIRPORT SITE CO~ITIOM (ASC), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS) AND HELICOPTER OVERFLIGHTS TASK FORCE (HOPTF) RECOI~ENDATION · Receive and file. DISCUSSION m JWA - On December 20th, the City's consultant, John Van Houten, met with County ~ff members to review the raw data that had been collected over the summer as well as the program that would be used to sort and analyze the data, a letter reporting on this meeting has been included (Attachment I). In general, Mr; Van Houten found that there appeared to be sufficient data to make a qualitative and quantitative evaluation of the situation; however, in conversations with City staff, he indicated that without the ability to study the data at length (several days), it is difficult to make an absolute determination that the statistical sampling is sufficient enough to yield a high quality, valid report. Mr. Van Houten also indicated that the computer program that is being used is capable of making the necessary analyses for the" report. His letter also gives a target date of April 1989 for the report to be available. Anticipated contents of the report are listed on page 2 of the letter. The status of two other items cohcerning JWA are as follows' ° The LDA approach pattern became operational on December 17, 1988. ° The Phase IT Airport Access Plan is scheduled to go before the Airport Commission on February 15, 1989. Copies of the plan and accompanying report are expected any time for review and comment. Staff will keep the Council appraised of the status of this item as information is available. ASC - There is no new information. The next meeting is scheduled for late January. CRAS - Staff has notified City of Irvine staff regarding the selection of Cou----~cilman Kelly to sit on the Board of Directors of CRAS. They will send agendas and support information prior to each meeting. HOPTF - Staff has drafted a letter to Colonel Robert F. Wemheuer, Commanding 0ff~6er of MCAS Tustin, for the lqayor's signature, stating the City's concern City Council Report JWA Noise Monitoring Program January 3, 1989 Page two over the potential relocation of certain helicopter flight corridors and requesting that he meet wi th representatives of the City prior to any discussions with the City of Irvine about relocating any corridors {Attachment II). Staff attended the Task Force meeting on December 28th. A copy of the agenda for this meeting is attached for the Council's information (Attachment III). A report on that meeting will be provided in the next status report. The next meeting is scheduled for January 25, 1989 at 5:30 p.m., the meeting location is yet to be determi ned. Senior Planner SR' CAS: ts Attachments' Attachment I Attachment II Attachment III DC~ rrie~[io~eo~' cSohm~ngli ~°~e vel Op~lte n t Community DeveloPment Department - .J.j. VAN HOUTBN & ASSOCIATES, Inc. 1 q88 l~c,o ~ KAT~LLA AVENUE, AN~, ~ALIFORNIA 92S05 uu.,.;,~C;,~;T'/' JOHN J. VAN HOUTI~, PB, Director DAVID L. WIBLAND, Principal Ra~ineer MIKE SANG LEE, Senior Engineer ROBERT WOO, Associate Engineer .December 22, 1988 Project File 1890-87 CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 Attention: Steve Rubin, Senior Planner Subject: Review of Airport's Noise Monitoring Effort Gentlemen: As requested during 'our meeting on November 18, 1988, we have met with the airport people to assess the progress of the subject ef- fort. In this regard, we arranged a meeting at the airport with Karen Robertson for Tuesday, December 20th. On the 20th, Karen was not available; however, we did meet.with the following people: Shawn Arena, Airport Access/Noise Specialist Charles Coombs, Systems Analyst John Gore, Data Input Analyst Judy Gill, Data Input 'Analyst Charles is currently using a computer program called "SMART" to form the data storage of their completed noise monitoring work. The data input to the program is being performed by John and Judy. After all of the data has been stored, Charles will per- form statistical computations as directed by Karen. In addition, he will make CNEL calculations by use of various combinations of the data as directed by Karen. The raw data, collected at the noise monitoring positions con- sists of the following: Measurement position Operator Date Source of noise (aircraft, auto, truck, etc.) Time noise occurred Maximum noise level of aircraft Single event noise level (SENEL) duration in seconds Type of aircraft (DC-9, jet, propeller, etc.) Air carrier (American, America West, Delta, etc.) Flight pattern (left, right, overhead, etc.) Type of flight (Approach, crossing, take-off, etc.) ATTACHMENT CITy OF TUSTIN · PROJECT FILE 1890-87 This information is being stored as needed for sorting by noise -source (aircraft or community), type of' aircraft, air carrier, etc., and to perform statistical analysis of the data. Subsequent to the meeting, Karen provided the following (telcon on December 21st) regarding the report which is to be prepared: 1. It should be available in draft form by April, 1989. 2. Karen does not have an outline of the report content, but in- dicated the following items will be in the report: a. Data listings. b. Minimum and maximum SENEL at each measurement position. c. CNEL of the aircraft noise and, as a separate listing, the community noise at each position. d. Identification of the noise associated with aircraft which are not using the airport (i.e., military helicop- ters into EL Toro or the Marine Corps Air Station at Tust in). e. Identification of unusual 'events (i.e., lawn mowers, train noise, ambulance siren, etc. ) · .f. Identification of the air carrier(s) which produce the highest noise levels. 3. CNEL computations will be estimated by use of the single event and/or the hourly energy equivalent sound level, Leq, measured at each position. · An explanation regarding the nature of the complaints which have been voiced by people in the community will be provided. In addition, the CNEL estimates and their relationship to State standards will be discussed. Comment Karen indicated that the airport would not include the CNEL at each position based upon the Access Plan's' existing and future operations. She indicated that this would be covering work which has been considered in the EIR. In addition, a long term monitoring location, Position #5, provides the existing (and past ~ear's) CNEL. Presumably we will be able to provide the City of Tustin with such calculations. This will depend on the form and content of the information con- tained in the report which is to be prepared bY the airport. CITY OF TUSTIN PROJECT FILE 1890-87 We will be pleased to provide additional information as needed. Very .truly yours, J. J. VAN HOUTEN & ASSOCIATES, INC. ×~hn J. Va~/Houten, P. . ,,., .Consultin~/Engineer in Acoustics. JJVH/rrp C: ~WS2000%REPORTS\1850-99%1890RVU2 T [ VANT T-TOIITEN & ASSOCIATES. Inc ...... December 28, 1988 Co]one] Robert F. Wemheuer Commanding Officer USMCAS Tustin Tustln, CA 92709 SUBJECT: CITY OF IRVINE HELICOPTER OVERFLIGHTS TASK FORCE Dear Co]one] Wemheuer: I have recently become aware of the above noted Task Force. As I understand' it, the PUrpose of this task force is to explore the possibilities of relocating several helicopter corridors that traverse the City of Irvine. Of specific interest to our City is a corridor located over Irvine Boulevard, and the proposal to relocate, said corridor northward, over undeveloped property in the City of Irvine's sphere-of-influence. This relocation would result in helicopters entering the Browning Corridor far north of Irvine Boulevard, traversing planned low density residential developments in the Tustin Ranch area. The potential relocation of the Irvine Blvd. corridor is of grave concern to the City of Tustin. The land uses south of Irvine Blvd. were specifically restricted to commercial and high density residential because of this corridor. In light of the lengthy negotiations that occured regarding the Browning Corridor and Jamboree Road extension and relocation (based on land use considerations which extend across City boundaries), I respectfully request that you meet with respresentatives of the City of Tustin prior to discussing any decisions and/or making any commitments regarding the relocation of any helicopter corridors with the City of Irvine, so that the City of Tustin's concerns and input will be reflected in the process. Please contact our City Manager, William Huston, at {714) 544-8890, extension 212, to schedule such a meeting. ATTACHMENT Il Colonel R. F. Wemheuer December 27, 1988 Page two · Thank you in advance for your cooperation on this very important matter. Si ncerely, . Ursula E. Kennedy Mayor UEK:SR'ts cc' City COuncil Wi 11 t am Huston James Rourke Christine Shingleton AGENDA HELICOPTER OVERFLIGHTS TASK FORCE RegUlar Meeting December 28, 1988 me II. III. IVo V~ .Call to Order Announcements A. Future meeting locations O~d Business A. Minutes of the meeting of November 30, 1988 (Attachment 1) New Buslness A. Existing Helicopter Corridors 'and Airspace ' Constraints B. Land use opportunities and constraints (Attachment 2) C. Potential Solutions D. Home Sale Aircraft Disclosure (Attachment 3) Public Comments 5:30 p.m. Chamber of Commerce Conference Room 2815 McGaw, Irvine, CA Recqm. mended Action Approval Marine Corps Presentation Staff Presentation General Discussion Adopt Staff recommendation Any member of the public may address the Task Force. on items within the Task Force's subject matter jurisdiction. However, no action may be taken on matters that are not part of the posted agenda. Matters for Next Meetinq Adjournment Next Task Force Meeting: January 25, 1989 at 5:30 p.m. Disk4: Helicptr. sj ATTACHMENT ili MINUTES OF THE REGULAR MEETING OF THE HELICOPTER OVERFLIGHTS TASK FORCE NOVEMBER 30, 1988 The meeting was called to order at 5:35 p.m. by Eve Somjen. CALL.TO ORDER Members Present: Others Present: Cameron Cosgrove, City Council' Member Carol Yokum, Planning Commission Member William Ackman, Public Safety Commission Mike Le Blanc, The Irvine Company Thomas Wall, Turtle Rock Albert Nasser, Uni. Park, Rancho San Joaquin Univ. Town Center Ken McGallian, Northwood Bill Mavity, Woodbridge Don Purdue, NIVA, Colony, College Park William Woollett, Jr., City Manager Colonel Jack Wagner, USMC E1 Toro Major Marry Bender, USMC E1 Toro Lannette Dau, E1 Camino Real (Alternate) Jerry Roodhuyzen, The Colony (Alternate) Leo Peart, Director of Public Safety Michelle Davis, City Staff Eve Somjen, City Staff Dan Jung, City Staff Elizabeth Mead · Bill Speros Steve Roman ANNOUNCEMENTS Task Force members were welcomed by Eve Somjen, and self introductions were made. OLD BUSINESS, No old business was reported. NEW BUSINESS A. Proposed Rules/Procedures Don Purdue, requested that a quorum of six voting members be revised to seven members in order to break tie votes. In addition, he proposed the elimination of the 35 minute time limit for discussion of agenda items. A consensus was reached to adopt the rules and regulations with the modifications. Be Proposed Meetinq Schedule Eve Somjen, gave a brief overview of the tentative meeting schedule. ATT A (".I-iM',:NT I .... ' -2- C. De ..Background Information Michelle Davis of the Public Safety Department reviewed Attachment 4 (Status Report On Aircraft Related Issues Affecting The Community Of Irwin.) focusing on the noise complaint process. Colonel Wagner handed out an informational Packet relative to Marine Corp Air Station Tustin. He indicated that the packet provides a comprehensive history of MCAS Tustin, as well as, providing some technical information. Identification of Issues -cameron cosgrove asked whether the Marines geographically keep track of noise complaints in order to determine if certain "patterns" appear. Colonel Wagner responded that they only log noise complaints. However, sometimes they investigate why pilots deviate from established corridors. He also indicated that in some cases disciplinary action is taken, however, he declined to discuss any specific disciplinary action. He said in some cases pilots have to deviate from the established corridors if directed to do so by ground control, or in certain weather conditions. Don Purdue,. asked how can citizens determine if a'pilot is flying out of an established corridor. Colonel Wagner indicated that any citizen that suspects a pilot of flying out of a corridor should call the Base at once. -The subject of whether prospective home buyers in Irvine are being notified of aircraft activity in the area was discussed. Colonel Wagner indicated that new home buyers are notified that aircraft impacts exist. However, buyers of resale homes are not always notified of aircraft impacts over Irvine. The Task Force directed staff to research this issue. Cameron Cosgrove suggested that a formal disclosure be developed and used for new and resale homes. The form would indicate that "Irvine experiences helicopter noise. If you haVe concerns with this please call the Marine Corps." -Discussion was made relative to whether the Task Force should review noise complaint information, as well as, the issue of flight deviation. Cameron Cosgrove, suggested that the Task Force review previous Safety Commission Reports which, already address those issues. Colonel Wagner insured the Task Force that 99% of the flights are within the corridors. However, flights -3- over FAA air space are often directed to areas which lead pilots out of established Marine corridors. The Task Force requested more information on this issue. -Eve Somjen, requested that the Task Force keep all six issues and resolve issues 1 and 2 at the next meeting. A consensus was reached.. Cameroh Cosgrove wanted to focus the remainder of the meeting on components 3, 4, 5, 6. 3. Colonel Wagner, indicated the Marines have already raised the altitude of the corridors. However, there may possibility of raising the altitude if there is a change in the John Wayne ARSA o 4. The Marine Corps does have the potential to develop new helicopter corridors at this time. 5. Colonel Wagner commented that the Marine Corp did not wish to participate in the matter of shifting the burden of flights from one residential area to another. 6. A comment was made' that the Marines are "out of room.i' Mike LeBl~nc of The Irvine Company, mentioned that the Task Force may want to explore establishing corridors over permanent open space areas via the Conservation and Open Space Element Amendment. The Task Force agreed that the idea should be explored. PUBLIC COMMENTS A member of public asked Colonel Wagner if the control tower has the capability of determining the height of helicopters. Colonel Wagner indicated that yes, the controllers can determine the height of aircraft. Ms. Elizabeth Mead asked Colonel Wagner if there was a radar system at MCAS Tustin. Additionally, she was concerned that establishing new corridors or shifting them would impact her home. ADJOURNMENT Next Task Force Meeting: December 28, 1988, at 5:30 p.m.. -~= SPHERE OF INFLL .---CITY BOUNDARY "-'! MULTI USE~' ~ MiLiTARY`'=" 1&s,33 LAND USE ELEMENT ~CIT~ OF IRVlNE GENERAL P~N HISTORICAL RESOURCES WASTE FACILITY NDUSTRIAL Research & Industrial~ 14656 Business& Industriala" 17,470 3OMMERCIAL .,neral Commercial~ 14,870 Village Commercial~ 12,107 District Commercial~ 9,222 Soecialty Commerci~ 9.~ Regional ~mmercial~ 1&727 ~ Commercial Recreatio~ 21~ INSTITU'r]ONAL InstitutionaI-Genera~ Universityof California UC! Inclusion/~rea Elementary $ct~o~t~ Intermediate Schobl' High School~''~ Community College Private School~ Utilities~''z)~ Civic ~enter~ Public Facilities ~ tI.I i(Ii't 4,913 4,683 16~552 10.840 10~90 10890 13.867 RESIDENTIAL ~ Estate ~ Low ~ Medium ~ Medium-High IHigh CIRCULATION · ------ Freeway ~?----- Transoortation Corridor i Maior Highway 'Primary Highway Secondary HighWay Commuter .--. Railroad <I~I41C~I 0--.2 .2-5 5-10 10-25 25-40 CONSERVATION OPEN SPACE ~ Preservation . ~ Recreation ~ Water Bodies ~ Agriculture ~ Golf Course Overlay ~ Landfill Overlay DECEMBER 28, 1988 TO: FROM: SUBJECT: HELICOPTER OVERFLIGHTS TASK FORCE DAN JUNG, ASSISTANT PLANNER SAM RAKE, PLANNING INTERN HOME SALE AIRCRAFT DISCLOSURE RECOMMENDATION: Staff recommends that the Helicopter Overflights Task Force recommend to the City Council to direct Community Development Department staff to develop strategies that would ensure that prospective home buyers were informed of aircraft activity over Irvine. HISTORy: On November 30, 1988, the Helicopter Overflights Task Force requested information regarding aircraft overflight disclosures for home 'sales in Irvine. ANALYSIS: 1.New Home Sales: The California Department of Real Estate (DRE) requires that a "White Report" be prepared and distributed to prospective home buyers for any new residential development. The subject report requires as an element, a "Contiguous Area Report" which details possible conflicting land uses surrounding residential developments such as airports. In the City of Irvine, the subject report is prepared by The Irvine Company, and signed by prospective new home buyers. In part, the White Report details the history, operating hours, and other activities associated with Marine Corps Air Station E1 Toro and Marine Corps Air Station Tustin (Exhibit 1). Staff has determined that persons purchasing new homes in Irvine, are being advised of surrounding aircraft activity through the continued use of the White Report. 2. Resales: Section 1102, of the California Civil Code requires that written disclosure be provided to a prospective home buyer when title to a property is exchanged (Exhibit 2). Furthermore, Section C, ATTACHMENT -2- number 10 of the mandatory disclosure form requires the seller' to reveal any "neighborhood noise problems or other nuisances." However, it should be mentioned that it is unclear to whether this includes aircraft overflights. Since. the State Civil Code does not define what constitutes "neighborhood noise problems or other nuisances" Prospective buyers of resale homes are not always notified, of aircraft activity. CONCLUSION: Staff recommends that the Helicopter Overflights Task Force recommend to the City Council to direct Community Development Department staff to develop strategies that would ensure that prospective home buyers were informed of aircraft activity over Irvine. United States Marine Corps A neighbor with a mission MCAS El Toro Marine Corps Air Station (MC-AS) El Toro is the home of the Third Marine Aircraft Wing and its supporting units. The mission of MCAS El Toro i's to provide facilities, services and material to support operations of the Third Marine Aircraft Wing and other activities and units as designated by the Commandant of the Marine Corps. MCAS E1 Toro experiences over 'one hundred thirty-five thousand military flight operations annually to~ ensure that not only' the approximately ten thousand Marines stationed there are fully trained, but also to support the Marine ground forces stationed at Camp Pendleton and Twentynine Palms. The base is ideally located for this purpose due to its proximity to those bases, as well as to the port facilities of Long Beach and San Diego which are the home ports of the amphibious fleet ships upon which Marine units embark in response to national commitments. MCAS El Toro represents a sizeable investment in our national defense structure, and is one of the four master je.t bases operated by the United States Marine Corps. Madne Corps Air Station El Toro was commissioned in 1943, became a master jet air base in 1958 and is planned to remain as a viable defense installation in Orange County far into the future. The Commander of MCAS El Toro continues to work closely with City and County planners in advising them of El Toro's operational impacts on the sur.rounding areas in order that compatible development and 'growth in nearby communities, might occur. -.' Generally, and as a result of the Marine Corps appreciation of the community's sensitivity to noise, operations to and from MCAS El Toro and MCAS Tustin have been biased away from existing and planned residential areas. Arriving aircraft at El Toro proceed from the coast near Dana Point, passing well above coastal popula- tion centers at 4,000 feet above sea level These aircraft then begin a descent at 13 miles from the station 'to cross the generally open space of Aliso Viejo and pass over the "Green Belt" in Leisure World, the industrial/commercial properties in the Laguna Hills Industrial Park and the agricultural parcels immediately adjacent to the base. This is the only arrival corridor in use and is utilized for both instrument and visual arrivals. All aircraft arriving at El Toro are under positive radar control, or are radar monitored. Most departures from El Toro are from Runway 07 and departing aircraft consequently proceed to the east toward the mountains after take-off. On occasion, when aircraft performance characteristics or operational conditions dictate, other runways must be utilized which could bring aircraft near populated areas. Aircraft conducting "touch and go" or field carrier landings (FMLP) generally conform to patterns parallel to the north/south runways and conscribe flight tracks over the ground which are not over populated areas. On occasion, however, multiple aircraft in these patterns may cause, patterns to extend near to and perhaps.over residential areas. The Commander of MCAS E1 Toro wishes to assure ali nearby residents that a constant effort will be made to minimize these occurrences. Additionally, helicopters transiting the long approved flight corridors between MCAS El Toro and MCAS Tustin and from MCAS Tu'stin to the coast and toward the mountains to the east, may also come into close proximity or on occasion directly overfly your unit. Statistically, these helicopter routes cannot be characterized due to lack of quantifiable noise emission~ However, you may experience high single' event noise levels from time to time as aircraft pass close to your dwelling. MC-AS Tustin is a master helicopter air station, and as'such, can operate 24 hours per day, 7 days per week. Tustin Ranch is located approximately one mile northeast of MCAS Tustin. According to the current air installations compatible use zone study for MCAS Tustin, Tustin Ranch is outside the 60 community noise equivalent level contour. Helicopters operating from MCAS Tustin fly the Browning corridor route located between Browning Avenue and Jamboree Boulevard at an altitude of 1,000 feet above sea level. Over 50 flights per day can be anticipated in the Browning corridor. The residents of Tustin Ranch will see and hear these helicopters, and the associated noise may interfere with certain activities. It should be noted that the Mar~ne Corps helicopters sometimes fly at altitudes lower than 1,000 feet above sea level (for example, during inclement weather or where required for pilot sa[ety). INo representations are made concerning the frequency or causes of this lower level flight activity. °' Current hours of operations at MCAS Tustin are as follows: Monday 1'1:.00 a.m. to 9:00 p.m. Tuesday through Thursday 8:00 a.m. to 10:00 p.m. Friday 8:00 a.m. to 5:00 p.m. The above hours of normal, operations for MCAS Tustin are imposed due to fiscal and manpower constraints, and are designed, to reduce the noise impact of flight operations on the surrounding community. The Marine Corps adheres to these normal operating hours whenever possible. However, special conditions may arise requiring an extension of normal operating hours. When this occurs, MCAS Tustin reserves the right to extend the hours as needed. · Should you have any further questions regarding this statement or about operations at El Toro, please contact: Community Planning and Liaison Officer Code A(~ Headquarters, Bldg. 65 Marine Corps Air Bases, Westem Area A~arine Corps Air Station E1 Toro (Santa Aha), California 92709 Phone: (714) 651-3702, 3703 Existing helicopter corridor routes Area where noise levels are greater than 65 CNEL based on jet aircraft operating at U.S.M.C.A.S. E1 Toro Single event noises from helicopters can be expected from'time to time on the occurrence of close proximity overflight. "CNEE' (Community Noise Equivalent Level)- widely used rating scale for describing the noise environment of an area. Represents an average noise level which is adjusted to reflect a persoffs lower tolerance to noise during the evening and night- time hours. Areas experiencing ratings higher than 65 CNEL are considered unsuitable for residential development due to noise nuisance levels. Tustin Newport Beach lrvine TO: City of Irvine .Et Tract 12722 DA~£: '~he undersigned, as buver(~) of Unit~,~j'.. of Tract [2722, in the City of Irvine, hereby acnkowledge tha% they have received the following information'regarding aircraft/helicopter activity. -- AIRCRAFT/HELICOPTER ACTIVITY · . The indicated property is located approximately'3/4 miles south of ~rine Corps Air Station (MCAS) Tustin. The subject tract is directly affected by two MCAS Tustin helicopter traffic routes, the Palisades Route and Reef Route. These two routes emanate from and return to MCAS Tustin, and overfly the subject tract. The altitude of the rotary wing aircraft when overflying this area is normally [000 feet Above Seal Leveal (ASL). Frequent use of these routes is to be expected. MCAS Tustin currently has the' following normal hours of operation: Monday l[:O0 a.m. to 9:00 p.m. Tuesday - Thursday 8:00 a.m. to [0:00 p.m. Friday 8:00 a.m. to 5:00 p.m. MCA$ Tustin .is a master helicopter air station and, as ~uch, can operate lA hours per daY, 7 days per week. The above hour~ o~.~ormal operations for the facility are imposed due to fiscal and manpower constraints, as well as being designed to reduce the noise impact of our operations 'on the surrounding community. The command adheres to the.se normal operating hours whenever possible. However, special conditions may arise which require an extension of the station's normal operating hours due to operational requirements. When ~his occurs, =he air station reserves the right to ex=end its operating hours to meet the need. Because of the proximity of this ~ract to MCA$ Tustin, residents in the development can expect to frequently see and hear helicopters operating from the air station. Additionally, these helicopters may cause interference with certain residential activities. The site's proximity to the aforementioned flight patterns indicates ~hat full disclosure of noise and visual impacts to all initial and subsequent purchasers, lessors or other potential occupants is in order. Because of ~he possibility of overflights of the site, I strongly recommend that an avigation easemen~ be obtained over the entire tract. Buyer Buyer § 1093 CIVIL CODE Tlga' ~Ction do~ not constitute a chan~e in~ but b decla~tory of, the existing law. (Added. by Stats.1985, e. 911, § .1.) § 1095. Attorney in fact~ execution of instruments Notes of Decisions 2. Defective exec~thsa J~ac~ thnt debto~ hu~mnd, nctinE as wife's att~ne~ in fac~ Jn s~nin$ h~' nlme to deeds of trut. failed to comply with ~tliforni8 stntute req~irinj him Io sub~be his own name · as attome~ in fact did no~ minimize his authority to bind wife to tbs dmds of tfl~ whe~ tlurd-paftY banks reason- ably relied on notarized acknowledsments of wife's signa- tures on the documents. In re Nebon, CA.9 (Cai.) 1985, '/61 F.2d 1320. ARTICLE 1.5. DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY , _ . . Section '"' .... ll0P- Application of article. 1102.1. Nonapplicability of article. 1102.2. Delivery of required written statement, from t~ansferor to prospective transferee; indica- tion of compliance with article; disclosures delivered after offer to purchase; Qme to terminate. '- 1102.4. Errors, ina~*uracies, or omissions of information delivered; liability of transfer or;, deliv- ery of information by public agency; delivery of reports or opinions prepared by experts. l10ZS., Information subsequently rendered inaccurate; required information unknown or .not available. 1102.6. 'Disclosure form. 1102.?. Good faith required. 1102.8. Specification of items for' disclosure not limitation on otlYer disclosure obligations. 1102.9. Amendment of disclosures: 1102.10. Delivery of disclosures; personal delivery or mail. 1102.11. Escrow agent not deemed agent for purposes of disclosure; exception. 1102.12. Licensed real estate brokers as agents in transaction; delivery of disclosure; advising transferee qf rights to 'c~closure; record. 1102.1S. Failure to comply with article; transfer not invalidated; damages. 1102.1~. Def'mitiom. § ll0Z. Application of article Except as provided in .Section 1102.1, this article applies to any. transfer by sale, exchange, installment land sale contract, as defined in Section 2985, le~se with an option to purchase, any other .. Option to purchase, or gTound lease coupled with improvements~ of real property, or residential stock cOOperativer improved with or consistinK of not less than one nor more than four 'dwelling units. (Added by Stats.1985, c. 1574, § R, operative Jan. 1, 1957. Amended by Stats.1986, c. 460, § 1.) 1988 Le~ialation 1986 Legislation. The 1986 amendment included exchange, any other Section 3. ofStats. 1985, c. 1574, provides: tion to purchase and residential stock ccoperat~ve, and *'This act shall become ope~tive on January 1, 1987." b~serted "or consistins of". § 1102.1. Nonapplication of article The provisions of this article do not apply to the following.. (a) Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers which can be made without a public report pursuant to SecQon 11010.4 of the Business and Professions .Code. (b) Transfers pursuant to court order, including, but not limited to, t. ranst'er~ ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, t~ansfers by any foreclosure sale~ transfers by a trustee in bankruptcy, wansfers by eminent domm~, and war~sfe~ resulting from a decree for specific performance. Underline Indicates c~ar~geo o~ od~f~o~a by amendment EXHIBIT 2 ..... : CiViL COD~ § 1102.2 (c) Transfers to a mo~g~ by a mortgagor or successor in in,rest who is in default, t~nsfe~ ~ a bene~ci~ of · de~ of ~t by · ~s~r or successor in inte~st who is in def~ul~ ~nsfe~ by ~y fo~losure s~le ~fter def~ui~ in an oblig~on s~ured by a mortgage, t~nsfe~ by ~ sale under a ~wer of sale or ~y for~lesu~ ~le under · d~r~ of fo~l~u~ ~f~r default in ~n obligation s~u~ by a d~cd of ~st or secu~ by. any o~er ,ins~ment eon~nmg. ~wer o~ s~er~r ~fe~ ~y · mo~gag~ or · beneficia~ under a de~ of ~s~ who-has acqmre~ t~ ~l pm~ y ~t-~-~ale conduc~d'pu~uan~ ~o a power of sale under · mor~ga~ or de~ of ~st or a sale pu~u~n~ ~ ~ d~e. of foreclosu~ or has acquired the re~[ p~per~ by a deed ~n heu of foreclosure. (d) T~sfe~ by · ~duc~ry in ~e co~e of ~e ~dmin~on of · decedent's es~, guardi~n- ship, ~nse~m~hip, or (e) ~fe~ from one ~wner ~ one or mo~ o~er ~~. (~ ~f~ made m · s~, or ~ a ~on or ~ ~ ~e l~e~l line of ~n~ini~ of one or mom of ~e ~sfemm. ~) T~fe~ ~tw~n s~us~ ~sul~ from · d~ of d~olu~on of m~age or · d~ of legal sep~on or from · pm~y se~ement ~ment incidental m such · d~. ~) ~fe~ by ~e ~n~oller in ~e ~u~e of ~dmin~ng ~ap~r 7 (commen~ng ~th 5~on 1500) of ~e ~0 of P~ 3 of ~e ~e of Civil Pmc~u~. (~ T~sfe~ under Ch~p~r 7 (commencing wi~ 5~on 369~) or Ch~p~r 8 (commencing 5~on ~71) of P~ 6 of Dillon 1 of ~e Revenue ~d T~x~on Code. '~ ~f~ or exeh~ m or f~m any gove~men~ entry. (Add~ by 5~9~, ~ ~574, ~ 2, o~ve ~ 1, ~987. ~ended by 5~.1986, ~ 4~, ~ 2.) 1985 Lefisl=tion For opa'ative provision of Stats. 1985. c. 1574, see note 1986 Lefislaflon. The 1986 muendmenc nude subds. (b) and (c) 8pplicable to trlnsfers by any foreclof~re sale at, er dd'auit or under decree 04' f'oreclosure~ intoned "or successor in interest who is*' twice in subd. (¢~, and included exclunses in subd. (j). . § 1102.2. Delivery of required written statement from transferor to prospective transferee;, indication of compliance with article;, disclosures delivered-after offer to.purchase; time to terminate The U'ansferor of an~ real property subject to this a~icle shall deliver to the prospective transferee the written s~atement required by this article, as follows: (a) In the case of a hie, as soon as practic~ie before transfer of title. (b) In the case of U*ansfer by a real property sales contr'~ct, as de£med in Section 2985, or by a lease together with an option to purchase, or a gTound lease coupled with improvements, es soon es pr-~-~ic~ble before execution of the contract. For the purpose of this subdivision~ '~execution" means the me~g or ~ccep~ance of an offer. With respect to a~y transfer subject to subdivision (a) or (b), the transferor shall indicate compliance with this a.~cicle either on the receipt for deposit, the real propert~ sales contract, the Ieee, or any addendum at;cached thereto or on a separate document. If any disclosure, or any material amendment of any disclosure, required to be made by this article, is delivered .~£ter Se execution of an offer to purchase, the transferee shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent. (Added by State.1.985, c. 1574, § 2, operative Jan. 1, 1987. Amended by Stats.1986, c. 460, § 3.) . 1985 Legislation 1986 Legislation. · For ope~zuve provision of Stats. tg8~, c. 1:574, ~ce note Thc 1986 amendment inserted "~ soon ~s practicable" in under § 1102. the first sentence ~td ~tcfifled "execution" in subd. Asterisks ' * * Indicate deletions by amendment 3 .,, § 1102.4 ......... .~ clvm CODE · , -' -. § 'i102.4. "Err°rs, inaccuracies, _or omissions of info~atio~ d~liv~r~; liability of t~nsfero~ ........ d~liv~ of info~atio~ by ~ublie a~ency; deliv~ of re~s or opinions prepared ............ by ex~ ..... (a) NaiVer ~e ~sfe~r nor any listin~ or selling alent shall be liable for any e~or, inacc~y, " - or omhsion of any info~afion delivered pu~uant W ~is a~cle if the e~r, inaccu~cy, or om~smon w~ not wi~in the ~onal knowledge of ~e ~nsfe~r or ~at l~ting or ~ agen~ w~ b~ed on infomfion ~ely pm~d~ by public agencies or by o~er ~ons p~viding info~ation s~~ in su~i~ion (c) ~at ~ ~ed W ~ d~closed pu~uant ~ ~is article, and ord~a~ care w~ exe~ in ob~nhg ~d ~mit~ng iL '~) ~e delive~ of any ~fo~a~on ~u~ ~ ~ disclos~ by th~ a~cle ~ a pmspec~ve ~fe~ by a pub~ agen~ or o~er ~on providing info~a~on required ~ ,be d~closed pmu~t ~ ~ ~ele s~l ~ d~m~ ~ ~mply ~' ~e requ~emen~ of ~h ~cle and shall ~lieve ~e ~femr or ~y lh~g or selling agent of any fu~er du~ under ~h ~icle ~ ~ ~t i~m of info~a~ ' (c) ~e delive~ of a m~ or opinion prep~d by a licensed engin~r, land su~eyor, s~ct~ ~st con~i o~r, con~ctor, or o~er ex~, dealing wi~ ma~ wi~in the sco~ ~e pmfenional's li~nse or ex~e, shall be sufficient compliance for application of the exemption pmvid~ by su~i~ion (a) ~ the info~a~on is pmvid~ ~ ~e p~s~ve ~nsfe~e pu~uant ~ a ~uest ~e~for, whe~er ~n or o~1 ' * '. In ~sponding ~ such a r~u~ ~ expe~ may in~, in ~ting, ~ under.&ag ~at ~e info~ation p~vided will be us~ in fulfilling ~e ~u~menm of S~on 1102.6 ~d, if so, shall indi~ ~he ~uir~ disclosures, or pa~ ther~f, which ~e info~a~on ~ing fu~h~ h applicable. ~ere such a s~ment ~ fu~ished, the ex~ shall not ~ insensible for any i~ms of information, or pa~ their, o~er ~an ~ose exp~ly nt fo~ in ~e s~ment. (Add~ by S~.19~, ~ 1574, ~ ~ o~ve Jan. 1, 1987. )Amend~ by S~.1986, c. 460, ~ 4.) 19~ ~~ 19~ ~slition. ~e 1986 ~dm~t suh~tut~ "t~r or Ihtmg or F~ M~.~ ~ S~1985, c i~74, ~ ~te Mllins assr" for "tr~feror or h or h~ agent" ~ I1~ ',' ~tthe~ '§ 1102.5. Information subsequently rendered inaccurate: required information unknown or not available If information disclosed in a~eordanee with this article is subsequently rendered inaccurate es a result of any act, occurrence, or agreement subsequent to the delivery of the required disclosures, the inaecuraey resulting therefrom does not constitute a violation of this article. If 'at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the t.,-ansferor or his or her agent has made a reasonable effor~ to ascertain it, the transferor may use an approximation of the information, provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the ~'3nsferor or his or her agent, and is not used for the purpose of circumventing or evading this a~cle. (Added by Stats.1985, c. 1574, § 2, operative Jan. 1, 1987.) 1985 L~wislation For operative provuion of Stau. 1985, c. 1574, see note under § 1102. § 1102.6. Disclosure form The disclosures required by this article pertaining' to the property proposed to be transferred are set forth in, and shall be made on a copy of, the following disclosure form: REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF COUNTY OF STATE OF CALIFORNIA. DESCRIBED AS THI~-. STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLI- ANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF 19 , IT IS NOT A WARRANTY OF ANY KIND BY THE SELLERfS) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. Underline Indicates changes or additions by amendment 4 CIVIL CODE § 1102.6 I COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Sta. tement is made pursuant to Section 11.02 of the Civ/i ~ Other s,~tutes requ/re disclosures, depending ~pon the deta/h of the ~ rani estate transaction (for example: special .stud}, zone and purch_~e_-mone~ liens on residential property). . Substituted Disclosures: The following disclosurm have or will be made in connection with this re~i es'{ate transfer, and are intended to satisfy the disclosure obUgndons on this form, where the subject matter is the same: Oist all substituted disclosure forms to he used in ~xtne~ion with this transaction) II S~LLER.q INFORMATION The Seller di~ the following information with the knowied~ that even though this is not a warranty, pro--ire Buyers may rely on this inforn~ in de~g whether and on what tram to pur~hese the subject prol~rty. Seller heret~ authorizgs any a&~nt(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entiiy in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY TIlE SELLER(S) AND ARE NOT THE REPRESENTA- TIONS OF THE AGENT(S), IF ANY. THIS INFORMATION I$ A DISCLOSURE * * ' AND IS NOT INTENDED TO BE * * * PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ~ is ~ is not occupyins the property. A. The subject property has the items checked below (rend across):. ~ ._.Oven ...Mk:mwave _=Dishwashm' ...Trash Com~ __C.r~oqe Disposal ~Washer/Dryer Hookups ~Window Screens ~ Gutters _.Burglar' Alarms ._Smoke Detectods) ...F'u~ Alarm ~T.V. Antenna ._Satellite Dish __Intercom ~Central Air Cndm& _=Evt;mr~tor Cooler(s) ._Central H~atin$ _ ~ Tank __~unp Pump ~Wa~' Sohme~ ._P~:,~DeckinS _.Built-in Barbeque .._Security Gate(s) ._Garap Dom' Opener(s) ._Number it~snoee Controb Garage ..._Attached _..Not Attached ~Carport Warm' H~ater:....Gas _.Private Utility or Water Supply: ._.C~ty _.Well Gas Supply:. ~Utility _.]kml.ed Other Exhaust Fan(s) in _ 220 Voit Wiring in _ Fireplace(s) in Gas Starter Roof(O: T~pe: .... A$c (approx.) Other. Are there, to the best of your (Seller's) knowledge, any of the above thai are nm in operutinl ~'ondition? ..Yes ...No. If yes, then describe. (Attach addition'si sheets if necessary.): B. Are you (Seller) aware of any significant defects/malfm%'tions in any of the following? ~Yes ...No. If yes, che~k appropriate space(s) below. · _=Interior Walh ~Ceiliflg~ _=Floors ._.Exterior Walh _..Insulation _==Roof(s) ~Windows __Doors _=Foundation __Slab(s) _.Driveways _=Sidewalks ~Walls/Fences _.=Electrical Systems ..-Plumbln~/Sewer~/SePt~c~ ~Other Structur31 Components (Describe: If any of the above is cheekad, explain. (Attach additionti sheets if necessary): C. Are you (seller) aware of any of the following: Asterisks ' * * indicate deletions by amendment 5 § 1i02.6 CIVIL CODE 1. Features o( the property shered in common with Idjoinin$ hn~downers, such u wails. fences, and driveways, whose use or responsibility for maintenance may )rove an effect on ·: ........ ~_Y~ _.No the subj~ pro~.rty .......................................... ................ 2. Any encro~'hments. ~-menu' or sin~ihr m~.er~ dm may alt'eot you in~r~t in the .__Y~ ._.No ....... ~bj~ pro.ny ................................ , ........................................ 3. Room ~klitiom. ~uctur~l modif~fions, or oth~ ~lter~tious or rel~/rs m~ie without ,Y~s _.No 4. l~oom ~lditim~ Mr~'tu~i ~0difi~tion~ or o~l~r ~lter~tion$ or ream not in complim~z~ wi~h huildinl ~ ....................................................................... Ym ._No :L l.~n~dl (~~ ~ ~) ~ ~ P~Y ~ ~Y ~ their ......................... Ya ~o K ~ ~ f~ ~ ~ ~ ~p~ ~b ~ ~ ~ p~i~ ........................... Ym ~o 7. ~b d~ ~ ~[ p~ ........................................................ Ya ~o 8. ~r ~ m ~e p~y ~ ~y of t~ st~ur~ f~m fire, ea~q~k~ fl~ or Y~ ~o ~~ ................................................................................ 9. ~y ~m$ ~ n~nfo~in$ ~ ~olatio~s of "~k" ~uiremen~ ................... Y~ ~o l~ ~~ ~ ~ ~ ~h~ n~ ............................................... Y~ ~o 12~ H~' ~~ w~h h~ ~y su~o~ty ~ the subj~t pro~y * * * ................. Y~ ~o 13. Any ~~ ~. (f~liti~ such ~ ~ t~n~ cou~ w~kway~ or other a~ 14~ Any ~ ~ s~t~t ~ ~fi~ ag~t ~e ~y ........... ~ .......................... Ym ~o If ~ ~w~ m ~y ~ th~ ~ y~ ~ (Arch ~t~ ~ if n~.): · ~ cm~ tl~t ~ inhmma6om bm~n i~ tr~ and cow.ct to t~ ~ ~ ~ ~ll~*t ~w~ ~ o~ t~ ~ ~ ~ the ~!~ III A~ IHSP~OH ~IS~OS~ ~o b ~~ rely if the ~11~ k ~~ ~ ~ a~t. in th~ t~n~ti~.) ~E UNDERSIGNED, BASED ON ~E A~VE INQUIRY OF ~E SELLER(S) AS TO ~E CONDI~ON OF ~ PROPERTY AND BASED ON A R~NABLY COMP~ AN~ DILIGE~ VISUAL INSPE~ON OF THE A~IRLE AR~S OF ~E PROPER~ ~ · ~ IN CONJUN~iON WITH THAT INQ~RY, * * * ~AT~ THE ~LLOWINO: m m · A~.m (Benk~ Repr~ntm! ~elle'r) By Date (Please Print) (Associate Licensee or B~oker-Si~ature~ IV AGENTS INSPECTION DISCLOSURE (To be completed only if the a~ent who ha~ .bt. ned the otter is other than the agent above.) THE UNDERSIGNED. BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY. STATES THE FOLLOWING: Agent (Broker obta~nin~ the Offer) By Date Plea.se Print} (Associate Licensee or Broker-Signature) v Underline Indicates changes or additions by amendment 6 )E No ~o No ~o ~o No ~Io ~o · 'HE HE OF CXV L CODE § 1102.9 BUYER(S) AND SELLeR(S) MAY WISH TO OBTAIN PROF~-_~IONAL ADVICE AND/OR INSPECTIONS OF TIlE PROPERTY AND TO PROVIDE FOR .~PPROPRIATE PROVISIONS IN A CONTACT B*--'I WEEN BUYER A~ND SEV_~_~:RIS) WITH RESPECT TO ANY ADVlCE/INSPE~..-~iONS/DEFE~s. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS sTATEMENT. ~ Date Date Buyer BuYer A~ent (Broker Representinl Seller) By Dam (Associate License~_. or Broker-Sirntmre~ A~mt (Broker obtainins the Offer) By ,, Date ,, (Associate l.,icense~.. . . or Broker-Signature) A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE IF YOU DESIRE LEGAL ADVICEt CONSULT YOUR ATTORNEY. (Added by Stats. 1985, c. 1574, § 2, operative Jan. 1985 Lewislatlon For operative provision of Stau. 1985, = 1574, see note 1986 Lewishtiou. The 1986 amendment inserted the fif3t sentence in the introductory paragraph of the form; chansed the parenthet- ical matter in I from "(for example: geologic hazard zones, creative financing, and structural alte~tioru or additions)'* to "(for example: ~ study zone and purc~ p~e~bl phrase at end of I; included, in Il A. ps 1, 1987. Amended by Sta~s.1986, c. 460, § 5.) supply and gas starter matter;, inserted insulation in B; inserted item 1 i in 1I C and renumbered former items 11 to 14 accordin[l~ moved the former ~ para~-nph of lit to he the bepnning par~raph of V; substituted "the seller" for "the principals" in the parenthetical fi~.t sentence of III; added "THE UNDERSIGNED"; deleted refmm~es to an alent in the first paragraph in I11. and substituted "Agent (Broker Representing Seller)" for "Real Estate Broker" and added "or Broker" alter "Associate Licensee" in the signa- ture line in 111 and in the third tine of the acknowledsement in V; inserted · new IV and renumbered former IV to V; and added the fourth siptature line in V. § 1102.7. G°od faith required. Each disclosure required by this article and each ~ct which ma~'~e performe~L in making the disclosure, shall be made in rood faith. For pur3Mses of this article, "good faith" nma~s hones~ in fa~'t in the conduct of the trinsacfion. (Added by St~ts.1985, c. 15/4, § 2, operative Jan. ]., ].987.) 198S Lefialatiou For operative prov~ion of Sr, Ms. 1985, c. 1574, se~ no~ und~ § 1102. · § 1102.8. Specification of items for disclosure not limitation on other disclosure oSligmtions The specification of irene for disclosur~ in this article does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Added by Stats.1985, c. 1574, § 2, operative Jan. 1, 1987.) 1985 Lewial~tion · · For operative provision of Stats. 1985, ~. 1574, ~e note under § § 1102.9. Amendment of disclosures Any disclosure made pursuant, to this article may be amended in writing by the q:ransferor or his or her agent., buC t. he amendment, shall be subject. Co the provisions of Sect. ion 1102.2. (Added by Stats.1985, c. 1574, § 2, operat, ive Jan. 1, 1987.) Asterisks ' *" Indicate deletions by amendment -.. § 1102.9. CIVIL CODE . . . 198S Legiahtion .~ For o~rative provision of Stats. 1985. c IJ74, see no~e ..... "'--" ' w~ § ,]o2 ........... § 1102.10. Delivery o.f disclosures; persona{ delivery or mail Delivery of disclosures required by this a~cle shall be by personal delivery to the .transferee or by- mail to the prospective transferee. For the purposes of this a~cle, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract. (Added by. Stats.1985, e. 15/4, § 2, operative Jan. 1, 1987.) 1985 t,egJshtion For operative provision of'Stats.']985, c. 1574, see no~e under J 1102. § 1102.11. Escrow agent not deemed agent for purposes of disclosure: exception Any person or entity, other than a real estate licensee licensed pursuant to Part I (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an escrow agent for the transfer of real property subject to this article shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of this article, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of such an agency shall be governed by the written agreement. (Added by Stats.1985, c. 1574, § 2, operative Jan. 1, 1987.) 1985 Legislation ~. For operative provision of Stat~1985, c. i$74, see note under § 1102. § 1102.12. Licensed real estate brokers as agents in transaction; delivery of disclosure; advising transferee of rights'to disclosure:, record (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise provided in this article, deliver the disclosure required by this article to the r. ransferee, unless the transferor has given other written instructions for delivery. (b) If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the diielosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his or her rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under this section shall maintain a record of the 'action taken to effect compliance in accordance with Section 10148 of the Business and Professions Code. (Added by Stats. 1985, e. 1574, § 2, operative Jan. 1, 1987. Amended by Stats. 1986, c. 460, § 6.) 1985 Legislation 19~6 Legislation.- For operative provision of Stats. 1985, c. 1574, see note The 1986 amendment substituted "deliverin8 disclosures" under § 1102. for "making disclosures" in both sentencgs of subd. Co). § 1102.13. Failure to comply with article: transfer not invalidated; damages No transfer subject to this article shall be invalidated solely because of the failure of .',ny person to comply with any provision of this article. However, uny person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee. (Added by Stats.1985, c. 1574, § 2, operative Jan. 1, 1987.) 1985 Legislation For operative provision of Stats. 1985. c. 1574. see note under § !102. Underline indicates changes or additions by amendment $ ClVIL CODE § 1112 Note 2 § 1102.14. Definitions '(a) As used in ~ a~cle, "listing agent" means listing agent as del'reed in subdivision' (f) of Section 1086. (b) As used in this article, "selling agent" means selling: agent as defined in subdivision (g) of Section 1086, exclusive of the requirement that the agent be a participant in a multiple !isting service as defined in Section 1087. (Added by Stats. 1986, c. 460, § ?.) ARTICLE 2. EFFECT OF TRANSFER Section 1134.5. Repealed. § 1104. Easements passing with properW Notes of Deehions ~8. Questions of fm In lot ownen' action for declaration of easement for transmission of electric power across alleged servient lot and damMes for denial of accen thereto, genuine issu~ of material faot ~ as to whether quasi-easements intended by subdivider'$ Il'ant to power company for distribution of power were apparent to lot owners when they purchased lot, whether any representations were made by developer that power line on alleged servient lot would s~rvice electric needs of owner~ and, assuming no express representations, whether $ulxlivider nevertheless knew that lot owners in- tended to use power line on alleged servient lot for power purposes it time of purchase, precluding summary judg- ment. George v. Go~hgarian (1983) 189 Cal. Rptr. 94, 139 C.A. ad 856. § I105. Fee simple title:, presumption Notes of 2. latention of parties Fee simple title L~ presumed to pass by Irant of real property unless it appears from ~-'ant that lesser estate was intended. Schwenn v. Kaye (App. 2 Dist. 19S4) 202 CaL Rptr. 374, 155 C.A. ad 949. § 1106. Subsequently acquired title;, pnsaafe by operation of law Notes of Deeisions I, In general Where vendor's deed granted fee simple to purchasers, ahhoulh vendor* ~ time of deed, did not bom oil and gas rights, vendor's subseq .u~nt rencquisition of oil and gas rights resulted in passage of such rights to purchasen under do~trine of after-acquired title, and vendor's reason for reacqulring oil and gas rights was irrelevant to such opera- tion of law. Schwenn v. Kaye (App. 2 l)ist. 198¢) 202 Cal. Rptr. 374, 155 C.A. ad 949. § 1109. Defeated wrant upon condition subsequent; reeonveyance LibtmT Refereneas Rm:ommendations relating to madtetab~ title of real property, 16 C, al.L. Rev. Comm. Reports 4OI (1982). § 1112, Grant of land bounded by highway Notes of Dedsiona Abandonment IZ.S 2. Intent of partie~ Evidence supDorzed finding that grantor did not intend to convey any Dortton of abandoned s'treet ~n conveyance of lO0-foot right-of-way to ra)lroad, so that fight-of-way began at south edge of abandoned street, and d~d not include south half of abandoned street m addmon to the described proper- ty: grant of specific number of feet carved out of contiguous lots evidenced grantor's intent that street not be included m conveyance, and ev~denc~ indicated that grantor planted orange grove to south line of abandoned street and that railroad placed survey stakes beginning at edge of aban- doned street to mark four comers of right-of-way. Baker v. Ramirez (App. 5 Dist. 1987) 235 Cal. Rptr. 857, 190 C.A.ad 1123. Extnnsic evidence was properly admitted to determine whether part,es intended lO0-foot right-of-way granted to railroad to be~n at center line of abandoned street or at its south edge, where deed was ~mbiguous w~th respect to location of right-of-way. Baker v. Ramtrez (App. 5 Dist. 1987) 235 Cal. Rptr. 85'/, 190 C.A.ad 1123. Where deeds by whsch landowner acqmred title to ail of parcel showe~l no intenuon to except sidewalk, parkway, or sod under the ~treet from the transfer, deeds transferred Asterisks * * ' Indicate deletions by amendment 9 ADDITIONAL INFORMATION If you would like any additional information, please contact Eve Scmjen at 660-3647. DECEMBER 19, 1988 TO: HELICOPTER OVERFLIGHTS TASK FORCE FROM: LEO E. PEART, DIRECTOR OF PUBLIC SAFETY · SUBJECT: MILITARY HELICOPTER FLIGHTS IN AIR SPACE OTHER THAN FLIGHT C O R RID O RS At the November 30, 1988 meeting of the Helicopter Overflights Task Force, information was requested concerning the number of military helicopters that fly outside flight corridors. Colonel Jack Wagner, MCAS E1 Toro, has provided the following information: Approximately 300 military helicopters per month fly the GCA missed approach pattern out of E1 Toro. All helicopters flying these operations are under FAA control of their route. An additional approximately 51 helicopters per month fly the 135° departure out of Tustin. The FAA controls the point at which the helicopter will turn from a heading of 135° and, therefore, controls its route. .. · LEO E. PEART Director of Public Safety LEP:dwl o. SANTA AN,'A Mac&rthur COSTA MESA TUSTIN MARINE CORPS .AIR STATION IRVINE o. I~ INE CITY HALL · & C, ~UNClL CHAMBER ONFE ROOM C t"t'Y