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Home My WebLink AboutCT 81-11; MIKE KUPFER N-S NAVARRA DRIVE; Engineering ApplicationcarlabadTract No. Fee: $ 50~OO SubdivisionLaCoata Greens SUBDIVISION GUARANTEE St.'Paul Titte1ilsuraiice Corporation a, Missouri Insl,.lrance CorpOratioh ~ • I, • ".' . GUARANTEES The County Of San Diego SiOh is locat~d in a sum notexceedfng $1:000.00, " .-and any City within which'said,sl;Jbdivi- that, a~cording to those publiC . records which, under the recording. laws;' impa-rt' CPr.lsttt,lctive notice of rnaHers affecting the title to the land included within tbe. exterior bo.undary shown , pn the map of the above referenced subdivision, th.e only parties having any rec6~d title. interest in said landwhose signatures are necessary., under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation' of said map and offerlog for dedicatiofl' any' .' streets, roads,.avenues and other easements offer~d for. dedication by s~id map are: . . OWNER: La: costa Greens, a General ,Iltlrtnership TRUSTER: Sunki8·t Service co..p.nY, . a· California eorpo~ation.,. trustee unQetr aead of: trust ~ecoraed August 17:,·, ' , 1981.;8s ;File NQ.,81-261.641. Official Records :of . . San' DiegG cOQ,ntyjCalifornia. The map herei~before referred to:is a subdivision of: See legal description attached heret() c:o •• !stin9" of one Page ... '. :: . '. . Dated:" . . September 29=, 1981}:'\ ~PAULBIlf , INSURANCE 'CORPORATION TSP-73-tA: 2/77 ST. PAUL. TITLE INSURANCE CORPORATION ·.R~~ By. '.. ." .. , .. ··Autlio~ 1· CLTA GUarantee Forli-j,-Nb. 14. (Rev. 4:..:10-75)' . • i .... ,'" GUARANTEE CONDITIONS AND STIPULATIONS '~ , 1. DEFINITION OF TERMS , The following terms when used in this Guarantee hlean: (a) "Iarid": The.land described, specifically or by reference, in this' Guarantee and im- provements affixed thereto which by law coo- stitute real property; (b) "public records": Those records which impart constructive notice of matters relating tcisaid land;, (c) "datell: the effective date; (d) t'theAssured": the party or parties named as the Assured in thIS Guarantee, or in a supplemental writing executed by the Com- pany; .. (e) "mortgage": mortgage, deed of trust, trust deed" or other,security instrl,lment. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 4. NOTICE ()F LOSS - LIMITATION OF ACTION A stiltement in writing ofahyloss or damage cept for "ttorneys' .fees as provid~d for..,in for which it is claimed the Company is Ii~ble paragraph 6(b) hereof, shal.Lreduce the arnQ!-lnt • under this Guarilntee shall be furnished to the of tHe llabiliW hereunder pro tanto,alid no Company within sixty days' after such loss or. payment shall be made without prcidu<:ingthis damage shall have been determined, and· no Gu~rantee for endorsement of such' p'lc>(me.nt right of action shall accrue to the Assur.e:ct, unless the Gl!arantee 'be rqst or destroyed, in underthisGuarantee until thitty days after such which case proof of such loss or destructi9h statement snail have been furnished, and ,no shall be fl,lrnlshed'·to .the .salis'faction of 'the, recovery shall be had by the Assured under this Company. " Guarantee unless action shall be commenced (e) When liability has been definitely fixed in thereon within two years after expiration of accordance with ·the eonditions of this. said 'thirty day period. Failure to furnish such Guarantee, the loss or damage shall·be·payable statement of loss or damage or to commence within .thirty days thereafter. ' such action Within the time herein before 7. SUBROGATION ,UPON ,PAYMENT specified, shall be a conclUsive bar against' OR SETtlEMENT ~n~:~e;h~~~u~!an~:~. Assured of any action Whene~er the Company shall have settled a, claim under this Guarantee, all right of sub-S. OPTION TO PAY, SETTLE rogation shall vest ,in the C, a. mpany' unaffected The Company assumes no liability for loss or OR COMP.ROMISE CLAIMS d b h ' , __ , b,Y ,a,ny a.tt of the A. S,5.u .. re. d, and it sh, all be amage y reason of t e following: ','," Th C ,. -"h II h"" . . .' -_ _ e ompariy 5 a -age ti,e option to pay qr .' s,Librogated,to and be entitled'to all rig~ts and '(a).Taxes or assessments which are hot shown settle or compromise for orih the name'of the ,remedies which the -AsstHed would hilve had as existing liens by the records of any taxing Assured any claim which could result in loss to against any person or pr9perty .in respett to authority that levies-taxes "o.r 'assessments-,on'the" Assured' within the' coverage. 'of this . sueh :ditim had tHis Gu~rahtee 'not been issued. real property or by t~~ pup'h~r~c?!d.s. , ". " .• ,.G4.arantee, Qr, to pay -the fl,lJl ?":eunt of:thisc, .If the, P1lym,ent does not cover the loss ?f the (b) Un~aten,ted mining c!almsJ reserva~lons. : 9~ara,ntee or, I,f t~I,S 9uaralltee 15, Issued f~r;the Assl,lred, Jhe Company shall be subrogated to or e~ceptlons In pate~t~ or.'lrr,~c;~s~auth(:>rI7!lng· ~ fieneflt of <!fholOer of. 11 mor~gag~) the Comp~n-y ~ ,"such fdg,hts'" and remedies in the proportion t~e Issuanc!'! thereof, water nglits, claims or shall hay_e. the "oPtI9~ .t9: .purc::r.ase ,the, .II:'-~ " w,hi(:h~~tdJ?ayment bearsto·the,amoLJntof said title to, water. ,debteoness secured by 's:ud mortgage.' Such~ . 16ss. The Assured if·requested by the Company, (c) Title to any prQpe~ty b~yond the iI~e: of purchase, payment or tender-of payment of the shall transfer to the Company all rights, and ·the land ~xpre.ssly described In t~~ deSCription full amount ofthe Guarantee shall terminate all remedies against ahy person or. prqperty set forth In thiS Guarantee, or title to streets, liability of the Company hereunder. In the ,necessary in or(jer to perfect such right of roads, avenues, lanes, ways or w<!terways on event after notice of claim has been given to subrogation, and shall permit the CompahY to which such land abuts, or the right. to maintain the Company 'by the Assured the Company' .use the hame·of the Assured in any transaction ther~in vaults, tunnels, ramps or any other offers to purchase said indebtedness, the' or litigation involvirg such rights or remedies. structure or improvement; or any rights or owner of such indebtedness shall transfe~ and 8 GUARANTEE ENTIRE CONTRACT easements therein unless such property, rights assign said indebtedness and the mortgage. • , or easemen.ts.are expressly and specificalln~t. -. :securil1g the s.ame "to the '<;:Qmpilny upgn ': /" :Any. aj:tion otilctiqnlfortights of action that forth in said descriptiori. payment of the purchase price. the Assured may have or'may'bring against the (d) Defects, liens, encumbrances, adverse 6 LIMITATION OF L1ABiLl'FY _ . Company arising out, of the ·subject ,mimer . cI"ims against the tide as guaranteed or other • PAYMENT OF tOSS hereof must be based on. the provisions.of this tt s (1) t d ff d d Guarantee. ma er crea e i su ere ,assum~ or (3) The liability of the Company under this <!gree? to.by one or more of the Assl,lred, or (2) Guarantee shall'be limited to the amount of No provision.or condition.of this Guarahtee resulting In no loss to the Assured. actual loss sustained by the Assured because of can be waiyedor changed except by a writing 3. PROSECUTION OF ACTIONS reliance upon the assuranceshe~inset forth, endorsed or attached hereto sighed 'by the . b ' h II h I' b'I' d h 'Presideht·" {j, 'V;ice :President, the Secreta.ry> an (a) The Camp' any shall have the right a.t its ut In no event 5 a suc la I I 'excee ,t e f h I· b'l' d h f Assistant Secretary oro.tbervalidating officer of own cost·to institu, te and prosecute any action amount ate la I Ity state ·on t e ace p<!ge , , h f ' the ·Company. ' or proceeding or do \Iny other act which in it~ ereo . opinion may be necessary or desirable to (b) The Company will pay all costs imposed 9. NOTICES, WHERE SENT establish or confirm the matters herein upon the Assured in litigation carried on by the guaranteed; and the Company may take any Company for the Assured, and all costs and appropriate action under the terms of this attorney's fees, in litigation carried on by the Guarantee whether or not 'it shall be liable Assured with the written authorization of the 'thereunder and shall not .thereby concede Company, ' liability or waive any-prOVision hereof. . (c) No claim for damages shall arise' ol'be (b) In all cases where the Company does so maintainable under this Guarantee '(1) if the institute and prosecl,lte' any action or Company after having received notice ·of an proceeding, the Assured shall permit the Com-alleged defe.ct) lien cir encumbrance not shown pany to use, at its option, the name of the as an Exception or excluded 'herein removes. Assured for such purpose. Whenever re-such defect" lien or encumbrance within .a quested by, ~he Company, the Assured s.hal! reason'able time after receipt oJ such notiteror give the Company all reasonable aid in (2) for liability voluntarily assumed by ,the prosecuting such action·or proceeding,. and the Assured in settling ilny claim or suit without Company shall reimburse the Assured for any written consent of the Company. expense so incurred. ' (d) All payments under this Guarantee, el(- All notices required -to be give'n the' Com- pimy and any statement in wtiting 'required to be furnished the Comp!lny shall be 'addressed to its General Office', at 165Q West I,lig Beaver R'oad, Troy, MiChigan 48084. ' 10. FEE the fee ~pecifiecl. on Part Two .of this Guarantee .is the tota,l fee fcir title search. and examination' and for thIs Gua,rantee. • 'CARLSBAD TRACT NO. 81-11 (LA COSTA GREENS) being a subd~vision_of Lots 18q and 187 of LA COSTA SOUTH UNIT NO.2, in the City of Carlsbad,County of S'an Diego, State of Ca1ifarnia, according to the Map thereof No. 64'62, £~led in-the ,Office of the County. Recorder of San Diego County Augu~t 26, 1969, ~ound~d and described as ,follows: BeginI1ing at'the No·rtheast corner of Lot 186 according to said Map, 6462;. thence along th~ 1inecotnmon to Lots 186 and 187 South 00°03'46". East, .. 190.04 fee;t (South 000q3'4.611 . East, 190.00 feet 'per: Map 646'2) to the Southeastcoin~r of. said Lot 186 a,nd the ,TRUE POtNT OF BEGINNIN:G, l3aid Southeast corn~r being a 'painton the Nbr~h line, of Navarra Drive 56. bo feet i tl wid'th as shown' on Sheet 20'f satdM~p No. 6462;, thence' along the' N<?rth line of Navart:a Drive S<:mth 89°54' 00" West, 99.'85 feet (South 89° 56' 14" We13t1 100.00 feet per Map 6462) 'to the Southw~st corner of Lot l86, said Southwest corner being also the Southeast corner of Lo't 59 of ,LA COSTA SOUTH UNIT NO.1, according to .. the Map thereof No. 6117, ftied in the Office of 'the Gounty Recorder of San Diego County on June 3, 1965; thence 'along the East line of said Lot 59 North 0000S'49"'Wes;t, . 190.02 feet .(North 0.0°03' 46" West, 190.00 feet per Maps 61.17 and 6462)' to the No,rthwest 'corner of said Lot 1'86; thence along the North linebf Lot 186 to and along the North.' line of Lot 187 North 89°53'12" East, 199.97 feet (North 89°S6'14" East, 200.00 feet per Map 6462) to the Northeast corner of. Lot 187; thence along 'the East line of Lot 187 and being also the 'West line of Lot 1 of CARLSBAD TRACT NO~ 73--32, according tq the Map thereof No. 7993, ,filed in the Office of the County Recorder on July 31, 1974 South 00°06,' 37" East (South 00°03' 46" East, 190.00 £eet per Maps 6462 and 7993) to the Southwest corner of said Lot 1, said SOt~thwest corner being also a point on the North line of the above referenced Navarra Drive which bears North 89°54' 00" East from the' TRUE POINT OF 'BEGINNING; thence along said North lin~ of Navarra Drive Sou,th 89° 54' 00" West, 100.16 fe,et (South 89°56'14" West, 100.,00 feet:: per Map 6462) to the TRUE POINT OF BEGINNING. 249328-S Perimeter Description Carlsbad Tract No. 81-11 October'S, 1981