ALAMEDA COUNTY Agenda, Ct:tIiH"u..lu...LCL 14, ~ AUDITOR-CONTROLLER AGENCY PATRICK O'CONNELL. AUDITOR-CONTROLLERjCLERK-RECORDER. September 22, 2008

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1 ALAMEDA COUNTY Agenda, Ct:tIiH"u..lu...LCL 14, ~ AUDITOR-CONTROLLER AGENCY PATRICK O'CONNELL AUDITOR-CONTROLLERjCLERK-RECORDER September 22, 2008 Board of Supervisors County Administration Building 1221 Oak Street, Room 536 Oakland, CA SUB..JECT: TRANSFER TAX REFUND-Gun Lok Kong Dear Board of Supervisors: RECOMMENDATION: The Recorder is recommending approval of the Claim of Refund for Documentary Transfer Tax for Gun Lok Kong in the amount of $ SUMMARY/DISCUSSION: The claimant has proven through related documentation that the Grant Deed and subsequent transfer of real property was recorded in error. A Correction Grant Deed was recorded to remedy the error in title. The County is therefore recommending the approval for the refund of Documentary Transfer Tax in the amount of $ Very truly yours, cs'hvejtl~ ~< Patrick O'Connell Auditor-Controller/Clerk-Recorder Central Collections Office of the Auditor-Controller Clerk-Recorder Micki Regan-Silvey Steve Manning Kevin Hing Chief Deputy Central Collections ChiefDeputy Auditor Chief Deputy Clerk-Recorder 1221 Oak St., Rm Oak St., Rm Madison Street, 1lit Floor Oakland, CA Oakland, CA Oakland, CA Tel: (510) Tel: (510) Tel: Fax: (510) Fax: (510) Fax:

2 CLAIM AGAINST THE COUNtY OF ALAMEDA DOCUMENTARY TRANSFER TAX REFUND, o...aimant's NAME: OLD REPUBLIC TITLE COMPANY o...aimant's ADDRESS: 1000 Burnett Ave., Suite 400 Concord, CA TELEPHONE NUMBER: i-7880 AMOUNT OF CLAIM: $ DATE OF-RECORDING: 1/31/08 SERIES NUMBER: FACTS GIVlNG RISE TO CLAIM: GRANT DEED RECORDED IN ERROR - THIS'. ESCROW HAS CANCELLED I certify 1llld<lr penalty ofpetjury tbat the foregoing is true~ ~~l~<t ~./A~ ~ Date and Place Name I Signalme~...,. _ ".t1,, t For Recorder's Use Only DECISION OF DEPARTMENT I certify that an examination of our office records shows that. the Transfer Tax was paid at the time of recording and herewith render the following decision:. o o Recorder recommends to your Board approvajldenial ofclaim for refund. Recorder recommends payment ofclaim for refund. o RecordcI denies claim for refund pumumt to Resolution to No PATRICK O'CONNELL, COUNTY CLERK-RECORDER APPROVED FOR REFUND: By:

3 RECORDING REQUESTED ff(.,-...." OLD REPUBLIC,TITLE Co. RECORDING REQUESTED.. BY: --., Old Republic TItle Company Order #: 0147oo6222-oJ APN #: 037A-316S-029 co,,, /31/ :08 PM OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK O'CONNELL RECORDING FEE: 1045'00 COUNTY TAX: ' CITY TAX: 14250,00 WHEN RECORDED MAIL TO \Iilllllllill. Pes Gun Lok Kong 6435 Blue Rock Court Oakland, CA SPACE ABOVE lhis UNE FOR RECORDERS USE Grant Deed The undersigned grantor(s) declare{s): Documentary transfer tax Is $1, (X) computed on full value of property conveyed, or { } computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of oakland $14, FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Leona, LLC, a california limited liability company hereby GRANT(S) to Gun Lok Kong, a married man, as his sole and separate property that property In aty of oakland, Alameda County, State of California, described as: Lot 71 Tract 7351 see "exhibit A" attached hereto and made a part hereof. Man Tax Statements to Grantee at address above Date January 25, 2008 State of CAIJPORMIA County of t01f>ntra COSTA On --.Jtu\l~GtlE 'tan~'if a Notary Public, personally appeared before me, AYJUNSlUEllD., lis A'utlif)ri:edAgent, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capadty(les), and that by hls/herjtheir s1gnabjre(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTV OF PERJURY under the laws of the State of Csllfomia that the foregoing paragraph Is true and correct. WITNESS my h8 Signature Name Leona, LlC, a california limited liability company By: Pyramid land Investment, llc, a california limited liability oom ny Its Manager By:---I--Pf,'----- AYAUJ""A E1J. FTGlS 1408 MAIL TAX STATEMENTS AS DIRECTED ABOVE Area reserved for olftcial notarial seal

4 I.J I.' ORDER NO. : oJ EXHIBIT A The land referred to Is situated in the County of Alameda, CIty of Oakland, State of California, and is desa1bec1 as follows: Lot 71, as shown on the Map oftract 7351, flied July 19, 2005, In Map Book 283, Page 1, Alameda County Records. RESERVING THEREFROM: All minerals, and any remaining interest In and to all oil, gas, casinghead gas, asphaltum and other hydrocarbons and all chemical gas now or hereafter found, situated or located In all or any portion of the lands d~ herein lying more than five hundred feet below the surface thereof, together with the right to slant drill for and remove all or any of said oil, gas, casinghead gas, asphaltum and other hydrocarbolli and chemical gas lying below a depth of more than five hundred feet below the surface thereof, but without any right whatsoever to enter upon the surface of said lands or upon any portion thereof within five hundred feet vertical distance below the surface thereof. ALSO RESERVING llierefrom: Grantor reserves unto Itself, Its successors and assigns, all the subsurface water now or hereafter found, located In all or any part of the land above described, lying below the surface thereof, expressly reserves the right to grant leases for such water without right to enter upon the surface of said land for the purpose of recove1ng such water. APN:037A 316~29 ''This deed Is made and accepted upon the COvenants Conditions and RestrlctI"' d th t r. rth th.' ons an 0 er rna tte rs se,0 In at certain Dedaration of Restrictions recorded April Instrument No ~228, Amended June 29, 2006 as Instrument No a;'70 Annexation recorded Apnl 26, 2007, as Instrument No and Master Deda~t1on for TItle 7 & Dispute Resolution Monte Vista Villas Community recorded Aprfl Instrument No , Notice of Third Addition to the Master Dedaratl' ~s d' May 3,2007, Series No , Offidal Records of said county, all of w~~~~eco e, Covenants, Conditions and Restrictions and other matters are Incorporated h. b reference to said Declaration of Restrictions with the same force and effect,ere," Yh full set forth herein." as th oug y Page 1 of 1

5 1.._AfN: Q37A-316S-029 RECORDING REQUESTED BY: Old Republic Title Company Escrow No DJ WHEN RECORDED MAIL TO: Leona, LLC 4061 Port Chicago HighwaYt #H Concord CA liliuiiiiiiiiui SPACE ABOVE TIllS LINE FOR RECORDER'S USE _ QUITCLAI~' DEED ~,..~~<[kd.. Said Quitclaim Deed is being recorded to tenninate any and all interest of said Grantor who erroneously acquired title by that certain Grant Deed ofwhich recorded on January 31st, 2008, in Official Records, under Recorder's Serial Number

6 .. RECORDING REQUESTED BY: Order #: DJ APN #: 037A-3165~29 Old Republic Title Company WHEN RECORDED MAIL TO Leona, LLC 4061 Poit Chicago HIghway, #H concord, CA SPACE ABOVE THIS ONE FOR RECORDERS USE QUitclaim Deed. The undersigned grantor(s) declare(s): Documentary transfer tax Ish t T \\ C1;\ \ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Oakland (X) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Gun Lok Kong, a married man hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to Leona, LLC, a california limited liability company that property In City of Oakland, Alameda County, State of california, described as: Lot 71 Tract 7351 See -exhibit A- attached hereto and made a 'part hereof. Mall Tax Statements to Grantee at address above Date september 24, 2007 State of CA Gun lok Kong County of Sbil fuocas' 0 On _")\.:>~I 08 before me, j~t\'\q., \~\-;5 a ~ apgeared 6"" L'"l:Jk 's.o~ 3 --I' who proved to me on the basis of satisfactory evidence to be the per.;on(s) whose name(s) Istare subscra:led to the wflhln Inslnl'nent ancl adcnowledged to me that helsheithev executed the same In hls,lher/thelr authorized c:apadty(les), ancl that by his/her/their sllinatute(s) on the Instnment the person(s), or the entity upon behalf of whk:h the person(s) Bcted, exeeutecl the Instrunenl I certify under PeNALlY OF PERJURY under the laws of the State of california that the foregoing paragraph Is true and correct. WrJ'NESS~and offtdex-a1 seal. Signatl.r'e ~_ <> \ ~ Name: Jet'al~ T~YJ ~ (t)'ped or printed) (Area reserved for Of!'ldal notarial seal) ~ " FTGIS-100 4/01, MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 10f

7 ORDER NO. : 0147oo6222-0J EXHIBIT A The land referred to Is situated In the County of Alameda, City of Oakland, State of California, and is described as follows: Lot 71, as shown on the Map of Tract 7351, filed july 19, 2005, In Map Book 283, Page 1, Alameda County Records. RESERVING THEREFROM: All minerals, and any remaining Interest In and to all oil, gas, casinghead gas, asphaltum and other hydrocarbons and all chemical gas now or hereafter found, situated or located in all or any portion of the lands described herein lying more than five hundred feet below the surface thereof, together with the right to slant drill for and remove all or any of said ou, gas, casinghead gas, asphaltum and other hydrocarbons and chemical gas lying below a depth of more than five hundred feet below the surface thereof, but without any right whatsoever to enter upon the surface of said lands or upon any portion thereof within five hundred feet vertical distance below the surface thereof. ALSO RESERVING TIiEREFROM: Grantor reserves unto itself, its successors and assigns, all the subsurface water now or hereafter found, located In all or any part of the land above described, lying below the surface thereof, expressly reserves the right to grant leases for such water without right to enter upon the surface of said land for the purpose of recovering such water. APN: 037A Page 1 of 1

8 AP~:037Al RECORDING REQUESTED BY: Old Republic Title Company Escrow No DJ WHEN RECORDED MAlL TO: Leona, LLC 4061 Port Chicago Highway, #H Concord CA S.PACE ABOVE TIllS LINE FOR RECORDER'S USE _ QUITCLAIM DEED Said Quitclaim Deed is being recorded to tenninate any and all interest of said Grantor who erroneously acquired title by that certain Grant Deed ofwhich recorded on January 31st t 2008 t in Official Records, under Recorder's Serial NUl11ber

9 RECORDING REQUESTED BY: Order #: DJ APN #: 037A Old Republic llt1e COmpany WHEN RECORDED MAIL TO Leona, LLC 4061 Port Chicago Highway, #H Concord, CA SPACE ABOVE THiS llne FOR RECORDERS USE Quitclaim Deed The undersigned grantor(s) dedare{s): Documentary transfer tax Is ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) aty of oakland (X) Realty not sold. FOR A VAWABLE CONSIDERATION, receipt of which Is hereby acknowledged, Gun lok Kong, a married man hereby REMISE(S), RELEASE(S} AND FOREVER QUlTCLAIM(S) to Leona, LLC, a california limited liability company that property In City of Oakland, Alameda County, State of California, described as: Lot 71 Tract 7351 See "exhibit A" attached hereto and made a 'part hereof. Mall Tax Statements to Grantee at address above Date September 24, 2001 State of CA Gun Lok Kong "f'~f'\ca'\0 On :J\.:J":\-J c)e before me, Jmt\ I.~ \...lb\-)s COUntyo(' ~b(\ a ~nally appeared KQ~3 6,,1' L-DiS _-.,- -', who proved ttl me on the basis of satisfactory evidence to be the pen;on(s) whose name(s) l!iiare subscribed to the WIthin lnstnnnent and acknowledged to me that helshe/they exeajted the same In hls/her/thelr authorlzed capadty(les), and that by his/her/their s1gnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executi!d the InstnJnent. I certify under PENAlTY OF PERJURY under the laws of the State of california that the foregoing pill1lgraph Is true and correct. =~ Name: j'xv)lw "Tl2pk ;;, (typed or printed) (Area reserved for Of!idlll notarial seal) ~ " MAIL TAX STATEMENTS AS DIRECTED ABOVE FTGI /01 Page 1 of 1