Flashcard Set Preview
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| 1 |
Appraisal maps
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1. The proposed project center line w/ its stationing and bearings.
2. The proposed...
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DWR's Mission and Goals
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Mission: To manage the water resources of Ca in cooperation w/ other agencies, to benefit the...
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DWR DOE Mission
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The mission of DOE is to safely provide timely, cost-effective, and quality engineering, geology,...
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REB Mission
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The REB Mission is to acquire property rights, and effectively manage purchased lands for both...
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Senate Bill 2161/Governtment Code Section 66455.1
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DWR may file with the legislative body of any local agency having jurisdiction, a map or amended...
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Joint use and Common Use
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Joint Use - The right to jointly use property rights; and, to the extent permitted under the...
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WREM 59
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WREM 59 establishes a policy for pre-acquisition inspection of real property and improvements...
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Encraochment Permit Application will include the following:
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1. Application2. 6 sets of full size Construction Drawings - usually 10 pages, more or less3....
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After being assigned an EP the Agent will do the following
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1. Agent researches and pulls deeds, analyze property rights, and pull property management...
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During Round Robin, to whom does agent send 5 complete hard copy EP packages?
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1. O&M HQ
2. O&M Field Division
3. Division of Environmental Services
4. DOE Construction...
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After Round Robin, then . . .
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1. Reviewers complete review
2. Agent compiles comment and writes comment letter to applicant
3....
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EP MOS has the following
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1. Approval Memorandum of Settlement from Branch Chief to Chief of DOE with signatures from...
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Before Applicant can begin constructing the encroachment, the EP applicant must
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EP Applicant must provide 7 days notice to Senior or Agent. Construction Start Notice...
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After EP Applicant finishes construction . . .
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1. EP Applicant submits 6 sets of 'AS-BUILT' plans
2. As Per WREM 48a - Agent submits official...
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| 15 |
How long does the entire process take?
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1. 6 to 8 months
2. If EP only requires one or two submittals - 2 to 3 months
3. Some EPs...
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The process for a typical EP does not include the following work which could include:
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1. Legal review of changes to standard EP language due to prior rights issues.
2. Approval...
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| 17 |
What are the two basic classes of Property?
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Real Property - Real Estate/Intrest in Land
Personal Property - Readily Movable/Chattel
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What are Fixtures?
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1. Items of Personal Property which become part of the Real Property
2. By reason of their...
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Tests to determine if an item has become a Fixture?
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1. Permanently attached
2. Character of Item: the character of the item and its use insofar...
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Trade Fixtures
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1. Personal property used to carry on a business or trade
2. Constitute an exception...
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What is an Estate?
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In Real Property law it is used to express the degree, nature, quality or extent of a person's...
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How are Freehold Estate's legally described?
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1. Fee Simple - highest and most complete ownership known in law
...
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How are Leasehold Estates legally described?
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Lease - A contract that provides for the tenant to occupy land or property of the lessor/landlord...
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What are Easements and the two Classes?
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1. A right acquired by a person or entity to use the land or property of another for a special...
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Describe an Easement Appurtenant
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1. An easement adjacent to or in close proximity to another parcel of land which is served...
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Describe an Easement in Gross
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1. An easement granted to benefit a particular entity rather than a parcel of land.
2. Unless...
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How are Easements Created?
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1. Express Grant - Creates an interest in land and should be set forth in a written document
2....
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How are Easements Terminated?
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Easements may be terminated by three basic means:
1. Merger
2. Release
3. Abandonment
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What is a Profit?
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A right to remove some substance from the land of another. Usually must be in writing...
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| 30 |
Name rights in land other than an easement?
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1. License - the consent given by a landowner to another to do an act which w/o such consent...
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Describe a License
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1. Not an interest in land, only a right to use land for a limited purpose
2. Does not have...
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Describe Covenants
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1. Most prevelant today in the creation of subdivisions, where subdivision plat or a...
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Describe Water Rights
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1. Riparian Rights - recognizes that owners of property adjacent to a stream or lake have certain...
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Name the Four Types of ownership
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1. Owner in Severalty - Where property is owned by a single person
2. Joint Tenancy -...
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| 35 |
Name the 6 ways in-which title can be transferred
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1. Deed
2. Warranty Deed
3. Quitclaim Deed
4. Bargain & Sale Deed
5. Mortgages &...
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Describe a deed
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1. Most common type of conveyance
2. Grantor & Grantee are clearly identified
3. Property...
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What is a Warranty Deed
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1. Also called a 'Grant Deed' in some states, contains certain covenants or guarantee of title
2....
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What is a Quitclaim Deed?
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1. The Grantor warrants nothing
2. The deed conveys only that title, if any, which the grantor...
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Explain what a Bargain and Sale Deed is
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1. Hybrid between a quitclaim and a warranty deed
2. Often utilized by guardians, trustees,...
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| 40 |
What are a Mortgage & Deeds of Trust?
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1. Convey only a security interest in a property
2. Mortgage - A contract and conveyance by...
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| 41 |
What is an Escrow?
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An agreement between buyer and seller to accomplish the transaction through a third person,...
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| 42 |
How many acres are in one section of a Township?
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640 acres
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| 43 |
What is the definition of a CONTRACT?
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An agreement between parties creating an obligation for which the law provides a remedy for...
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What is an EXPRESS CONTRACT?
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A contract in which all elements of a contract are specifically stated (offer, acceptance,...
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What is an IMPLIED CONTRACT?
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An agreement which is found to exist based on the circumstances when to deny a contract would...
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| 46 |
What is a QUASI CONTRACT?
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Not a true contract; created by the courts so that they can provide a remedy where one person...
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What is an EXECUTORY CONTRACT and what are the three types?
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An Executory contract is a contract which has not yet been performed.
1. WHOLLY EXECUTORY-...
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What is a BILATERAL CONTRACT?
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A contract in which a promise is given in exchange for another's promise. A contract...
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What is a UNILATERAL CONTRACT?
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A one-sided agreement whereby you promise to do (or refrain from doing) something in return...
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What is a VALID CONTRACT?
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An enforceable contract containing all the elements necessary to form a binding contract.
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What is a VOID CONTRACT?
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1. An agreement which lacks one or more of the necessary elements of a binding contract;
2. ...
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What is a VOIDABLE CONTRACT?
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An agreement which one or both parties may elect to avoid or ratify, i.e., a contract between...
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What is an UNENFORCEABLE CONTRACT?
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A contract that contains all of the necessar elements to form a binding contract but which...
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| 54 |
What are the necessary elements of a Contract?
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In order for a contract to be valid, it must contain certain essential elements: the parties...
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| 55 |
In contract law, what does AGREEMENT mean?
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When all parties to the contract have mutually assented to be bound to the terms of their negotiations.
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| 56 |
In contract law, what does OFFER mean?
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An offer may be written or oral.
The offer must be definite and certain as to the essential...
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In contract law, how is an OFFER TERMINATED?
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1. Offeree rejects Offeror's offer
2. Offeror rejects Offeree's counter offer
3. Lapse...
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| 58 |
In contract law, what constitutes ACCEPTANCE of the offer?
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Acceptance may be manifested by the Offeree either orally or in writing, or through conduct...
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| 59 |
In contract law, what does the term CONSIDERATION refer to?
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An act, forbearance, or a promise given by one party to induce the other party to enter into...
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| 60 |
What does CAPACITY TO CONTRACT mean?
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Refers to the ability of a party to be reasonably capable of understanding the contract. ...
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