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HomeMy WebLinkAboutCT 81-19; MARY Y MONTANAS UNIT 1; Engineering Application---------:-----........-------------------~-------u.-;..~ -~ -It _ I ___ ----"i:""->. _~ ...... <. _____ ~_-_-_>_<~ __ < _I~-..:..,~_\--+-___ ~£Q__"-e"""____ 01--1\"\ 1 a::r. 61-\~ GUARANTEE First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619)238-1776- 1347 (1-85) Form 1359 (4/75) CLTA Subdivision Guarantee Form No. 14 ·e SUBDIVISION GUARANTEE. SUBDIVISION: CARLSBAD TRACT NO. 81-19 UNIT NO. 1 e·· ~ ORDER NO. 847295 .... 6 FEE $ 50.00 First American Title Insurance Company a corporation, GUARANTEES The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1000.00. That, according to those publie< records which, under the recording laws, impart constructive notice cif matters affecting the title to the land included within the exterior boundary shown on the map of the above referene<ed subdivision, the only parties having any record' title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for df;ldication any streets, roads, avenues and other easements offered for dedication by,said map are: SEE EXHIBIT "A" ATTACHED The map liereinbefore referred to is a subdivision of: LEGAL DESCRIPTION ATTACHED Dated: May 20 1986 First American Title Insurance Company PR'ESIDENT DIANNE LIVINGSTON/jnk e e·~, EXHIBIT "A" GEORGE J. SHEFFLER an undivided one-quarter (1/4) interest; GEORGE J. SH~FFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees of the John J. Sheffler Trust . established by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 31, 1965, an undivided one-quarter (1/4) interest; GEORGE J. SHEFFLER and WILLIAM J. SHEFFLER, " III, as CO-Trustees of the Paul Sheffler Tru~t established under a tr~sf executed by RUSSEL N. SHEFFLER and DOROTHY I.. SHEFFLER on July 21, 1965, an undivided one- quarter (1/4) interest; ~LLIAM J. SHEFFLER, III, an undivided one-eighth (1/8) interest; and GEORGE J. SHEFFLER and William J. Sheffler, III, as Co-Trustees of the William J. Sheffler Trust established under a trust executed by RUSSEL N. SHEFFLER and DOROniY K. SHEFFLER on July 21, 1965, an undivided one-eighth (1/8) interest, a'S record owners. COSTA REAL MUNICIPAL WATER DISTRICT, successor in interest to CARLSBAD MUTUAL WATER COMPANY, as holder of an easement recorded January 2, 1945 in Book 1794, page 207 of Official Records, has been omitted under the provisions of Section 66436, Subsection C-1 of the Government Code. Their interest is such that it cannot ripen into a fee title and said signa·ture is not required by the governing body. CITY OF CARLSBAD, as holder of Agreements regarding' public facilities fees recorded February 1, 1982 as File No. 82-028Z0S'; February 2"5, 1982 as File No ~ 82-051321, and June 6, 1984 as File No. 84-212205, all of Offi¢1a1 Records has been omitted under the provisions of Section 66436, Subsection C-1 of the Govern- ment Code. Their interes"t is such that it cannot ripen into a fee title and said signature is not required by the governing body. CITY OF CARLSBAD, as holder of an easement recorded Janua,ry 10·, 1972 as File No. 72-005829 of OfUcialRecords has been omit'ted unet the provisions of Section 66436, Subsection C-l of the Government Code. Their interest is such that it cannot ripen into a fee title and said signature is not required by the governing body. TICOR TITLE INSURANCE COMPANY OF CALl,:FORNIA, , California corporation,. for- merly TITLE INSURANCE AND TRUST COMPANY, a California Corporation, as Trust~e under Deed of Trust recorded February 23, 1981 as File No. 81-054382 of Official Records. L __ ~ ____________________________ ~ ______ ~ __________________ ~ ____ ~ __________ ~ LEGAL DESCRIPTION That portion of Lot "J" of th:e RANCHO A(;UA HEDIONDA, in the County of San Diego, State of California; according to Partition Map thereof No .•. 823, filed in the Office of the County Recorder of San Diego County, November 17, 1896, being described as follows: Beginning at the most Northerly corner of Ocean View Es,tates , according to Map thereof No.' 5825, 'filed in, the Office of the Cqunty Recorder of San Diego County, January '25, 1967, being a point on the S.outheasterly line of Seacrest Estates Unit No.2, according,to Map thereof No. 4280, filed in the Office of the County Record'er of San Diego County, July 28,-1959; thence along t;ile Southeasterly line of said Seacrest Estates Unit No.2, North 59°28'11" East, (North 58°59'47" East per Map No. 4280) 617.50 feet; ~hence leaving said Southeasterly'1:f:.n,e, South 19°00'00" East 221.50 feet; thence South 2°36'40" East 79.10 feet; thence South 3r3l '52" West 71 .• 14 feet to an angle point in the boundary of Parcell ·of Parcel .Map No.' 878, filed in the Qffice of th~ County Recorder of San Diego County, July 3, 1972 as File No'. 171312 of Official Records; theJ:1,ce along the bound·ary of said Parcell, North 68 ° 52' 07" West 179.94 "feet (North 69°20"06" West 180.00 feet per Parcel Map No. 87E); thence South 59°32.'44" ,We.st 139.02 feet (South 5~059'341! West 139.14 feet per Parcel Map No. '878); thence South 22°49'01" East (South 23°20'06" East per Parcel Map No. 87,8) 134.99 feet; thence' ,leaving said boundary" South 59°32' 44" West· 242.99 feet to the NOr·theasterly line of said Ocean View Estates; thence along said Northeasterly line, North 22°47'28" West (No.r'th 23°20'06" West per Map No. 5825) 308.44 feet to the ·POINT OF BEGINNING. ~----------------------------------------------------------------~--~~-------- VESTING EXHIBIT "A" GEORGE J. SHEFFLER an undivided one-quartet (1/4) interest; GEORGE J. SHEFFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees of the'John J. Sheffler Tru~t established by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 31, 1965, an undivided one-quarter (1/4) interest; GEORGE J. SHEFFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees 6f the Paul Sheffler Trust established under a trust executed by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 21, 1965, an undivided one,-quarter (1/4) interest; WILLIAM J. SHEFFLER, III, an undivided' one-eighth (1/8) interest; and GEORGE J. SHEFFLER and William J. Sheff1er~ III, as Co-TFustees of the Willi~ J. Sheffler' Trust established''Under'a trust executed' by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July' 21~ 1965, an undivided one-eighth (1/8) interest. ""C;C"XC"':'''''''''''''''' ;t~~~~~~ E. lJ~\T No.t GUARANTEE First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 Form 1359 (4/75) CL TA Subdivision Guarantee Form No. 14 • SUBDIVISION GUARANtEE SUBDIVISION: CARLSBAD TRACT NO. 81-19 Unit No. 1 • .-.... ORDER NO. 847295-6 FEE $50.00 First American Title Insurance Company a corporation, GUARANTEES The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: SEE EXHIBIT "A" ATTACHED The map hereinbefore referred to is a subdivision of: LEGAL DESCRIPTION ATTACHED Qa~ed: March 28. 1986 .~--~ First American Title Insurance Company BY PRESIDENT • EXHIBIT "A" GEORGE J. SHEFFLER an und-ivided one-quarter: (1/4) interest; GEORGE J. SHE,FFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees of the John J. Sheffler ,Trust· established by RUSSEL' N. SHEFFLER and DOROTHY K. 'SH'EFFLER o'n July 31, 1965; an, undivided one-quarter "(1/4) interest; GEORGE J. SHEFFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees of the Paul Sheffler Trust established under a ,trust executed by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 21, 1965, art undivided one- quar'ter (1/4) interest; WILLIAM J'. SHEFFLER, III, an undivided one-eighth (1/8) interest; and GEORGE 'J. SHEFFLER and William J. Sheffler, Ill', as Cc;>-Trustees of the Wi1+1am J. Sheffler Trust established un4er a trust executed by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 21, 1965, an undivided one-eighth (i/8) interest,_ as retord owners. COSTA 'REAL MUNICIPAL WATER DISTRICT, suc'cessor in interest to CARLSBAD MUTUAL WATER COMPANY, as holder of an easement recorded January 2, 1945 in Book 1794, page 207 of Official Records. CITY OF CARLSBAD, as holder of Agreements regarding public facilities fees recorded February 1, 1982 as File No. 82-028208; February 25, 1982 as File No. 82-051321, and June 6,1984 as File No. 84-212205, all of Official Records has been omitted under the provisions of Section 66436, Subsection C-l of the Govern"- ment Code. Their :interest is such that it cannot ripen into a fee title and said signature is not required by the governing body. CITY OF CARLSBAD, as holder of an easement recorded January 10, 1972 as File No. 72-005829' of Offic'ial Records has ,been ,omitted uner the provisiOnS of Section 66436, Subsection C-1 of the Government Code. Their interest is such that it cannot ripen into a fee title 4nd said signature is not required by the governing body. ' TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation, for- merly TITLE INSURANCE AND TRUST COMPANY, a California Corporation, as T1;'t.ist~e under Deed of Trust recQrded Febr~aty 23, 1981 as File No. al-054382 of Official Records. ,. 'of.,): LEGAL DESCRIPTION That portion of Lot "i" of the RANCHO AGUA HEDIONDA, in the County of San Diego, State' of California, 'according to Partition Map thereo1; No. 823, filed in the Office of the County Recorder of San Diego County, Nov~mber 17, 1896, being described as follows: B~ginning at the most Northerly corner of Ocean View Estates, according to Map thereof No.' 5825, filed in the Off;i.ce of the County Recorder of San Diego County, January 25, 1967, being a point on the Southeasterly line of Seacrest Estates Unit No.2, according to ~fap thereof No. 4280, filed in the Office of the County Recorder of San Diego County, July 28, 1959; th~nce along the 'Southeasterly line of said Seacrest Estates Unit No.2, North 59~28'11" East, (North 58°59'47" East per Map No. 42-80) 617.50 feet; thence leaving said ' Southe'ast,erly line, South 19°00'00" East: 221.50 feet; thence South 2°36'40" East 79.10 feet; thence $outh 37°31'52" West 71.14 feet to an angle point in the boundary of Parcell of Parcel Map No.' 878, filed in the Office of the County Recorder of San Diego County, July' 3, 1972 as File No. 171312 of Official Records; thence along the boundary of said Parcell, North 68°52'07" West 179.94 feet (North 69°20'06" West 180.00 feet per Parcel Map No. 878); thence South 59°34'44" West 139.02 feet (South 58°59'34" West 139.1,4 feet per Parcel Map No. 878); thence South 22°49'01" East (Sout1;l 23°20'06" East per Parcel Map No. 878) 134.99 feet; thence'leaving said boundary, South 59°32' 44" West 242.99 feet to the NOrtheasterly line of said Ocean View Esta,tes; thence along said North~aste'rly line, North 22°47'28" West (North 23°20'06" West per Map No. 5825) 308.44 feet to the POINT OF BEGINNING'. \ .... ) •••••• Application for Grading permiet . '. CITY OF CARLSBAD ,,_ ' PE NO. z.. I e 4 t F . : LNv& ::II: 232-5A ENGINEERING DEPARTMENT 1200 Elm Avenue Validation by Finance Department 438·5541 Building Permit Plan Check No. ____ --' __ FOR APPLICANT TO FILL IN Site Address CHES~NUT AVENUE ~T EL CAMINO REAL Surety Cornpany Bond No. It-' ~1 __ e6_T_I~_.~_SC_{_~_ti_~n __ 5_1 __ (~'P_H_A_S_E ___ I_I~)~~_~~:_PT_~~0_'8~1~_-=1~9 ____ ~s_u __ re_t~y~~dreSs B9~OO~l? ~v5t_f(~_, _______ ~~ Subdivision Name Date Filed . O.~' P 1\-J~\1 'Rec'd by MAR Y MONTANAS ' On Owner h. c.J Dt..u£.LOPMt.-rr-Phone Cc(Cf.i' r., Cash dllposit v Rec'd by . Dllte flied Sim.c.c .1.J.D.t<. .... "1C.THERS 17l.. 3-Sf fi-/$ Owner's Address 2300 CHESTNUT AVENUE CARLSBAD, CA. 9200-8 Plans by Civil Engineer R.C.E. RICK ENGINE~RING COMPANY 28448 Address 365, S. RANCHO 'SANTA FEPhone SAN MZ\R('()Q £:A q7.n~q1.44 4RnO Proposed Schequle of Operations (dates) I Start F.jnish IC/3b I , The' following documents are required and shall become 18 part of the grading permit when they are approved. ~ Grading pla~slili2 lilii .~5~~ti~?Jtions 365. UC -+ Sqil report. __ Geologic· Report ~Drainage structures __ Other -L Compaction report , 5. SPECIAL CONDITIONS WHICH ARE MADE A PARTQF THIS PERMIT, Authorized 'hours of operation: 7:00 AM to Sunset, Monday" Fr.lday. Haul routes are to be aprroved by City Engineer . .. -. . ... ----------'----_._-----1 All fills to be compacted to at least '90% of optimum density unless·noted otherwise. I hereby acknowledge that I have read the application and state that the information I have prOVide~iS c ~ct a agree to comply with all City ordinances and State la re ali ~':J:vating and grading, Under City Code Sec. 11,06 170 this grading Is: and the provisions and conditi ns any ~~ssued pursuant to 0 REGULAR GRADING" City Inspector will make Inspecll( this application. , ":::.--J,/'/ /' listed below. . "/j ./,~ /.~ /./...._~ ~ONTR()LLED GRADING· Private gradln~ englrieeJ sha Signature of Permittee "'-' --/./// X ~". --b's,erve wO.rk, coordinate fests, make reports. . . . '_ (,../. -~,._~,~~ .J ' ~ .. ;-:-/' ~-' -,-...;;~. (/ /~.:z-_--,~ . -. -IN~l'I~!l§EL __ .. ,~ =~.~Af~.-_= 7INsp.-SiGNATiJRE Owner or authOrized agent ./' ~ -U /.#\. I--_~ ____________ '_-.,-"'--___ ~H~""F-// __ =_·-,--l-=-Initial' -site 'prep. ENVIRQNMENTAL CLEARANCE· ~''''' (/ ~ b \ Date ...;, 'Y? c.::> EIA Log No.Ct-e>-l4 :~ ./ By c:;:::..--Final -slopes planted Rough -prior to drains t------'---'----~----:.-.---.--'-.-'-. /7"1~ _ ' Compactlon'reports rec·d. Grading permit fee .$ 3GS',~ Plan check fee $ ~. ___ ~ ______ ~ ____ ., ___ ____ Permit Issued _ < . q'_ s--&' "" prIVa~E) engr. cer.1. rec'~' '.. . by ~ £:,ttY'~ate Copies: White-Office; Green-Building; Permit Expiration D/e tJ J :"'Y""'l5 7 Yellow-Inspector; Pink:Permittee; Goldenrod-Finan -:-X'T~/VL1z..tJ rO 0-/5-B·7 A4//t/j ~vtr~~t:!J.d"-C/ /e-/ -:13~ At/tV tJI?)', t.:. .' THIS FORM WHEN PROPERLy VAI!(6ATED IS A PERMIT TO DO THE WORK DESCRISEO 1" f?'em.~·~-~filfi!~T~ .TtY:~PERMI~~l VALID F~R A $IX (6) MONTH PERIQD, .~, ... ': ..... fifj .' ,<,l~/jf';IIIj/.I;;{e/:lff~:·~:~i~. _ " 'c~ eJ-lC( •• J)r.K1 -# ;(3t] ~ 'r A Building Permit Plan Check No. ______ ...,. Application fo~ Grading Pim~ CITY Of CARLSBAlIII' ENGINEERING DEPARTMENT 1 ~OO E:hn Avenue 438-'55tt1 g ,1 S s () 4jl~ PE NO.. ~a3 .;J2.. " Dopartment . ." ============~===================:--~-.:-, .. _. ,::;--:-=-. --~ -.=,:-::-:::-:-==---~. =--,-----~---==--.--~.---~~. ,...-. -', FOR ApPLICANT TO FILL IN The following documents are required and shall become a part of the graging permit When they are a~roved. ~Grading plans __ ""_. Specifications ±SOil report __ . Geologic Report Drainage structures _._' Other . Compaction report . , Soil Engineer R.C.E. Phone +,~ , I--:C_/).-:l..:,.:1 F-,b~(\._~_·,-~~C;~~,-,=o~=::-.::,--~:::.3..:::3'--L-l!!----:-__ -f-'~=-1.::....:6~.-~).",-t,-"",,..::.:::l.I-_______________ . -' __________ --'-'-1 GrajJ.I1g Contractor. SPECIAL CONDITlo.NS WHICH ARE MADE 1-!2A,). M A PART OF THIS PERMIT ~~~~~~~~~~~~L-__ ~~~L-~~_~ _____ ~ __ ~~ Address .3 1 . Authorized 110ursof operation: 7:00, AM to Sunset, Monday -Friday. Party responsible for overall supervision ' dt . . ,'-----. -.-----------.-~----..,--,-----I ~I\J?:L J~'='i-UCD,J -Lc ;S r-;iA,JI<=-'-J.lI~GiI2.iliJllJ 2. Haul rOLUes ar (! to be ilpproved by City Engineer. ~_:~r1:~~:~~~T~~~ Lois. Number of cubic yards Import Waste I hereby acknowledge that I have read thE;! application and state that the information I have provided' cor cfand agree to comply' with all City ordinances and State ws e ul tingexcavating and grading, and the provisions and con y rmit issued pursuant to this applic,atiOri. Signature of Permittee Owner or authorized ,agent ----<I.--\o:,----,.!;<-~-""'-~~------ , , l 3. I\dl'qrrntn pr ovisioll5 sllilll 1m road!! for (!1O~ioll olld silt-otlo cOlltrol. ------------------._----------------1 density unless noted otherwise. Under .City Code Sec. 11.06 no this grading Is: . [..1 REGULAR GRADING -City Inspector will make Inspec listed below, ~ONTRbLLED GRADING -Private grading engineer s observe work, coordinate tests, make reports. --' iNSPECTION DATE -----'-iNSP. SiGNATU I-~~-----------::...r_-~-----------,,__--Initial -slto prop. ENVIRONMENTAL CI,.EAHANCE- EIA Log No. Ct8L -11 Date ~ti Is, G BY~ 1----·------·· --.--"'----.----------,-.-~--11 Rough -prior 1.0 drains Final -slopes planted o Compaction reports ree'c!, ' Grading permit fee $ 320~ Plan check fee $ __ ._"" _. P 't I d Private engr, cer!. r~c'd, b~rml~~ Date ~-~k Copies: White-~fiic;;Gr-een~a~iidi,~g;~·-·----- Permit Expiration Date . :3 -v---c!>7 . .'. '. Yellow-Inspector; Pink-Permittee;, Goldenrod-Fin' . 'c7T?ZJezJ tv !b~/-gB A/(t1/ . THIS FORM WHEN PROPERLY VALIDATED IS A PEHMIT m'Do THE VYOBK DESCRIBED J:b ., .. " ....... ,--"'"'r-...... __ . t~ -THIS PERMIT IS VALID FOR A SIX (6) MON'TH PERIOD ~G.Kr-JJ7:;eb'I!D'~~t~7.'·I .. ef1 ~:Dt1 t" .. :. • • First American Title Insurance Company 411 NY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 . PRELIMINARY REPORT SHEFFLER BROS. C/O GEORGE SHEFFLER 2300 Chestnut Carlsbad, California 92008 August 2, 1983 June 12, 1984 Your No. CARLSBAD TRACT NO. 81-19 Unit No. 1 Our Order No. 847295-6 Form of Policy Coverage Requested: MAP GUARANTEE (AMENDED) (AMENDED) In response to the above referenced application fora policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may ·be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Except'lon below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose 9f facilitating the issuance of a policy of title insurance and no . liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commi tment should be requested. .' Dated as of Septemb.er 10, 1984 ~t 7:30 a.m •. _=-____ ---,----:-------,,~~~=~ W. N. ASHCRAFT / taq TITLE OFnCER Title to said estate or interest at the date hereof isve~ted in: SEE ATTACHED EXHIBIT "A" FOR VESTING The estate or interest in the land here1,nafter described 01;' referred to covered by this Report is: FEE • VESTING EXHIBIT "A" • , GEORGE J. -SHEFFLER an undivided one-quarter (1/4) interest; GEORGE J. SHEFFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees of the John J. Sheffler Trust established by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 31, 1965, an undivided one-quarter (1/4) interest; GEORGE J. SHEFFLER and WILLIAM J. SHEFFLER, III, as Co-Trustees of the Paul Sheffler Trust established under a trust executed by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 21, 1965, an undivided one-quarter (1/4) interest; WILLIAM J. SHEFFLER, III, an undivided one-eighth (1/8) interest; and GEORGE J. SHEFFLER and William J. Sheffler, III, as Co-Tru~tees of the William J. Sheffler Trust established under a trust executed by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 21, 1965, an undivided one-eighth (l/8)interest • .. ,- _~'~'4 __ ""'&_"""''''''''''' _______ ~'':-______ . __ ...... _~~ ...... _ ._ .. 4 ____ • _______ • ___ ~ .. ___ , ___ , • ORDER NO. 847295-6 PAGE NO. 3 • • At the date hereof exceptions to coverage in addition to the printed ex- ceptions and exclusions contained in said policy form would be as follows: 1. General and Special taxes for the fiscal year 1982-83, a lien, not yet payable. 2. An easement for conveying water and/or power and of operating a control circuit for the operation of an automatic pumping plant by remote control, one or more pipes, pipelines, acqueducts, flumes, subways, viaducts, conduits, poles, pole-lines, anchors, guy-wires, cross-arms, insulators and/or control circuit equipment;, together with the right of ingress to and 'egress f'rom and incidental purposes in favor of Carlsbad Mutual Water Company, recorded January 2, 1945 in Book 1794, page 207 Qf Offic!a1 Records, described as follows: ' A strip of land 20 feet in width, lying 10 feet on each side of a line described as commencing at the intersection' of the Westerly line of Lot "I" of -RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Map No. 823, filed November 16, 1896, Records of said County; and the center line of Monroe Street as shown on Map of THQM LANDS NO. 1681, filed December 9, 1915, Records of said County; said Point of Intersection being also the most Northerly ,corner of BELLAVISTA, according to Map thereof No. 2152, filed Mar'ch 7, 1929, Records of said County; thence South 28°39' East along the Easterly line of said BELLAVISTA, 397.56 feet to an angle point; thence continuing along the Easterly line of said BELLAVISTA, South 26°11' West, 520.04 feet to a point; thence South 63°49' East, 425.00 feet to the most Southerly corner of land conveyed to R. W, Poindexter by Deed recorded July 26, 1941 in Book 1221, page 14 of Official Re'cords; thence North 26°11' East, 1121.25 feet along the Southeasterly line of said Poindexter Land; thence North 58°14'25" East continuing along the said Southeasterly boundary of Poindexter Land, a distance of 177.91 feet to a point; thence leaving said Southeasterly boundary and through said Poindexter Land, North 5°46' West~ 648.21 feet to a point on ,the North line of said Lot "I" and a point on the Sou~h line of land conveyed to H. E. Ellery, et ux by Deed recorded January 11, 1934 in Book 261, page 241 of Official Records, the TRUE PO'INT OF BEGI~ING of the center line of the easement herein described" from wh:i.ch said last described point, the Southwest corner of Lot "J", said RANCHO AGUA HEDIONDA bears West, 558.35 feet distant; thence from said TRUE POINT OF BEGINNING and through the said land of Ellery, North 5°46' West; 426.22 feet to a point; thence North 4°28' West; 217.44 feet to a, point; thence North 54°24' West, 153.14 feet to a point; thence North 6°08' East, 402.35 feet to a point in the center of a circular piece of land having a radius of 57.50 feet; thence from said center of said circle North 18°52' West, 601.73 feet to a Point of Intersection with tQe Northwesterly boundary of said Ellery Land, from which said Point of Intersection, the most Westerly corner of said Ellery Land bears South 59° West, 894.02 feet distant. Reference is made to said instrument for further part;1culars. -, ',' ORDER NO. 847295-6 PAGE NO. 4 • • 3. An easement for erecting, constructing, reconstructing, replacing, repairing, maintaining, and operating a water system, sewerage, drainage and underground utilities, together with the right of ingress and egress and incidental purposes in favor of the City of Carlsbad, recorded January 10, 1972 as File No. 5829 of Official Records, described as follows: All of that portion of Lot "J" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Point of Intersection of the centerline of Janis Way an4 the Easterly Subdivision boundary of OCEAN VIEW ESTATES as shown on Map thereof No. 5825, filed in the Office of the County Recorder of San Diego County,. January 25,' 1967; thence from said Point of Beginning, North 58°59'34" East, a distance of 330.36 feet; thence South 31°00'26" East, a distance of 27.00 feet; thence South 58°59'34" West, ~ distance of91.11 feet; thence North 23°20'Q6" West, a distance of 2.02 feet; thence South 58°59'34" West, a distance of 242.89 feet to the East boundary of said OCEAN VIEW ESTATES; thence North 23°20'06" West along said East,erly boundary, a distance of 25.22 feet to the Point of Beginning of the portion: described. Reference is made to said instrument for further particulars. 4. A Deed of Trust to secure an indebtedness in the original principal sum of $68,943.00, and any other amounts and/or obligat1o~s secured thereby, recorded February 23, 1981 as File: No. 81-054382 of Official Records. DATED: December 15, 1980 TRUSTOR: GEORGE J. SHEFFLER, as an individual; GEORGE J. SHEFFLER & WILLIA.'i J. SHEFFLER, II I, as Co-Trustees of the JOHN J. SHEFFLER TRUST; GEORGE J. SHEFFLER & WILLIA,.'i J. SHEFFLER, Ill, as Co-Trustees of the PAUL SHEFFLER TRUST: WILLIAM J. SHEFFLER, III, as' an individual; GEORGE .J. SHEFF~R & WILLIAM J. SHEFFLER, Ill, as Co-Trustees of the WILLIAM J. SHEFFLER TRUST TRUSTEE: BENEFICIARY: TITLE INSURANCE AND TRUST C(!!PANY, a California corporation CARLSBAD UNIFIED SCHOOL DISTRICT -1-'1 ORDER NO. 847295-9 PAGE NO. 5 • • 5. An Agreement regarding payment of a public facilities fee, dated January . 20, 1982, upon the terms, covenants, and conditions contained therein. EXECUTED. BY AND BETWEEN: GEORGE J. SHEFFLER, as an ind1vidual;GEORGE J. SHEFFLER AND WILLIAM J. SHEFFLER, III, a. Co-Trustees of. the JOHN J. SHEFFLER TRUST: GEORGE J. SHEFFLER AIlD WILLIAM J. SHEFFLER, III, as Co- Trustees of the PAUL SHEFFLER TRUST; WILLIA.)'{ J. SHEFFLER, III, as an individual; GEORGE J. SHEFFLER AND WILLIAM J. SHEFFLER, III, as Co- Trustees of the WILLIAM J. SHEFFLE,R TRUST and the CITY OF CARLSBAD, a municipal corporation. RECORDED: February 1, 1982 as File No. 82-028208 of Official Records. 6. An Agreement regarding payment of a public fac~lities fee, da~ed February 17, 1982, upon the terms, covenants, and conditions' contained therein. EXECUTED BY AND BETWEEN: GEORGE J. SHEFFLER, as an individual; WILtIA.~ J. SHEFFLER, III, as an individ~al; GEORGE J. SHEFFLER AND WILLIAM J. SHEFFLER, Ill, as Co-Trustees of the PAUL SHEFFLER TRUST; GEORGE J. ". SHEFFLER AND WILLIAM J. SHEFFLER, III, as Co-Trustees of the JOHN J. SHEFFLER TRUST and the CITY OF CARLSBAD, a municipa~ corporation. RECORDED: February 25, 1982 as File No. 82-051321 of Official Records. 7. the terms, covenants, and provisions of the Trust Agreements referred to in the vesting herein, and the effect of any failure to comply with such termR, covenants, and provisions. 8. An Agreement regarding payment of a Public Facilities Fee, dated March 23, 1984, upon the terms, covenants, and'conditions contained therein. EXECUTED BY AND BETWEEN: SHEFFLER BROTHERS and the CrnOF CARLSBAD. RECORDED: June 6, 1984 as File No. 84-212205 of Official Records. • • LEGAL DESCRIPTION That portion of Lot "J" of the RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, Novembe~ 17, 1896, being described as follows: Beginning at the most Northerly corner of Ocean View Estates, according to Map thereof ,No.' 5825, 'filed in the 'Office of the County Recorder of San Diego County, January 25, 1967, being a point on the Southeasterly line of Seacrest Estates Unit No.2, according to Map thereof No. 4280, filed in the Office of the County Recorder of San Diego County, July 28, 1959; thence along the Southeasterly line of said Seacrest Estates Unit No.2, North 59°28'11" East, (North 58°59'47" East per Map No. 4~80) 617.50 feet; thence leaving said Southeasterly line, South 19°00'00" East 221.50 feet; thence South 2°36'40" East 79.10 feet; thence ~outh 37°31'52" West 71 .• 14 feet to an angle point in the boundary of Parcell of Parcel Map No." 878, filed in the Office of the, County Recorde'r of San Diego County" July 3, 1972 as File No. 171312 of Official Records; thence along the boundary of sidd .Parcel 1, North 68°52 '07" West 179.94 feet (North 69°20'06" West 180.00 feet per Parcel Map No. 878); thence South 59°32'44" West 139.02 feet (South 58°59'34" West 139.14 feet per Parcel Map No. '878); then'ce South 22°49'01" East, (South 23°20'06" East per Parcel Map No~ 878) 134.99 feet; thence'leaving said boundary, South 59°32' 44" West 242.99 feet to the NOrtheasterly line of said Ocean View Estates; thence ,along said Northeasterly line, North 22°47'28" West (North 23°20'06" West per Map No. 5825) 308.44 feet to the 'POINT OF BEGINNING. ' ... ----------------.,..--....,...-"....----~------~~-------- FORM NO.1 068-A (1 0/85) CLTA Preliminary Report (Rev. 11/18/82) . ' ~ . .,. PRELIMINARY REPORT • JAB7eo-E: _ ",:--"..uN \,\ NO. \ In response to the herein referenced application for a policy of title insura,nce, this-Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Ti.tle Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein·or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of sa,id Polley or Policies ar.e·set forth herein. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company 411 Ivy Street P.O. Box 808 (92112) San Diego, California 92101 (619) 238-1776 • o - First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 -(619) 238-1776 April 4, 1986 BILL SHEFFLER, 7670 Opportunity Road-, Suite 150 San Diego, California 92111 Your No. CARLSBAD TRACT NO. 81-19 Unit No. 1 Our Order No. 847295-6 Dated as of March 28, 1986 at 7: 30 a.m. ______ ...,--______ _ DIANNE LIVtNGSTON/jnk TITI.EOFF~CER The form of policy title insurance contemplated by this report is: SUBDIVISION MAP GUARANTEE Title to said estate or' interest at the date hereof is vested in: SEE 'ATTACHED EXHIBIT "A" FOR VESTING The estate or interest 1-n the land hereinafter described' or t'-eferred to covered by this Repo rt is: FEE The land referred to h,erein is described as follows: LEGAL DESCRIPTION ATTACHED P""!'---------------------------------------~-----~~--~~ VESTING EXHIBIT "A" GEORGE J. SHEFFLER an undivided one-quarter (1/4) in~terest; GEORGE J • SHEFFLER and WILLIAM J. SHEFFLER, III, as Co.-Trustees of the John J. Sheffler Trust established by RUSSEL N. SHEFFLER and DOROTHY K. SHEFFLER on July 31, 1965, an undivided one-quarter (1/4) interest; GEORGE J. SHEFFLER a.rid WILLIAM J. SHEFFLER, III, as Co-Trustees of the Paul Sheffler Trust established under a trust executed by RUSSEL N. SHEFFLER and DOROTHY K. ·SHEFFLER on July 21, 1965, an undivideq one,-quarter (1/4) interest; WILLIAM J. SHEFFLER, III, an ~ndivided one-eighth (1/8) interest; and GEORGE J. SH~FFLER and William J. Sheffler, III, as Co-Trustees of the William . J. Sheffler Trust established under a trust executed by RUSSEL N.. SHEFFLER and DOROTHY K. SHEFFLER on July 21, 1965, an u·ndivided one-eighth ·(1/8) interest. ORDER NO. 847295-6 PAGE NO. 2 ·.e' " At the date hereuf exceptions to cover~ge in additicin 'to the printed excevtions and exclusi~ns' coritained ,in said policy form would be as follows:· 1. General and Special· taxes for the fiscal year 1986...,.87, a lien, not yet payable. 2.' Second Installment, General and Special taxes for the .fiscal year 1985-86. 3. The 1 ieI) of supplemental taxes, if any, as'sessed pursuant to Chapter 498, ::;t atutr '. of 1983 of the State of California. An easement for conveying water and/or power 'and of ope'rating a control circuit f6~ the operation of an automatic pumping plant by remote control, one or more pipes, pipelines, acqueducts, flumes, subway's, viaducts, condui ts ~ pole's, pole-lines, anchors, guy-wires, cross-arms, insula tors anrl/or control circui t equipment; together wi th the right of ingress, to and ,egress from and incidental purposes in favor of Carlsbad, Hutua1 Water Company, recorded January 2, 1945 in Book 1794, page 207 of Official Records, described as follows: A strip Of land 20 feet' in w;f"dth, lying 10 feet on each side of a line described as commencing at the intersecti6n of the Westerly line of Lot "I" of RA.t'~CHO AGUA HEtnoNDA, in the County of San Diego, State of California, aq:ording to Hap No. 823, 'filed November 16, 1896, Records of said County; and the center line of Monroe street as shown on Map of THm1 LANDS NO. 1681, filed December 9, 1915, Records of said County; said Point of Intersection being also 'the' mos't . Northerly corner of BELl.AVISTA, according to Map thereof No. 2152, filed March 7, 1929, Records of S'ain County; thence South 28°39' East along the Easterly line of said ,BELLA VISTA, 397.56 feet to an angle point; thence continuing along the Easterly line of s,aid BELLAVISTA, South 26°11 t West, 520.04 fe~t to a point; thence South 63°49' East, 425.00 feet to the mQst Southerly corner of land conveyed to R. W. Poindexter by Deed recorded July 26, 1941 in Book 1221, page 14, of Official Records; thence North 26°11' East, 1121.25 feet along the Southeasterly line of said Poindexter Land; thence North 58014'2S"East continuing along the said' Southeasterly boundary of Poindexter Land, a distance of 177.91 feet to a point; thence leaving said Southeaste-rly boundary and through said Poindexter Land, North ,5°46' West, 648.21 feet to a point on the North line of said Lot "I" and a point on the South line of land conveyed to H. E. Ellery, et ux by Deed' recorded January 11, 1934 in Book 2'61, page 241 of Official Records, the TRUE POINT OF BEGINNING of the center line of the easement herein described, ftom which said last described point, the Southwest ,corner of Lot "J.i, said RANCHO AGUA HEDION'DA bears West, 558.35 feet distant'; thence from said TRUE POINT OF BEGINNING' and through the said land of Ellery, North 5°46 t West, 426.22 feet to a point; thence North 4°28' West, 217.44 feet to a point; thence North 54°24' West, 153.14 feet to a point; thence North 6008' East, 402.35 feet to a point in the center ~f a circular piece Of land having a radius of 57.50 feet; thence from said center of said circle North 18°52' West,' 601.73 feet to a, Point of Intersection with the Northwesterly boundary of said Ellery Land, from which said Point of Intersection, the most Westerly corner of said ~llery Land bears South 59° West, 894.02 feet 4istant. ' A_ I· ,. ORDER NO. 847295-6 PAGE NO. 4 5. ·An easement for erecting, constructing, recons·tructing, replacing, repai'rlng, maintaiiiing,. and operatlng a wat'er .system, sewer~get drainage and. underground utilities, tc;>ge~'her with the right of ingtesfi! and egr,ess and inciden'tal purp'oses in favor of the City of Carlsbad, recorded Janua,ry 10, 1972 as File ·No. 5829 of OffiCial Records, described as follows.: 6. All of that portion of Lot "J" of RANCHO AGUA H~DIONDA, :$.n the Gi ty of Carlsbad, County of San Diego; State of Califo'rnia, according to Map thereof No. 823; filed in the Office of the County Recorder of San Diego County, November 16, i89'6, described as follows: Beginning at the Point of Intersection of the centerline of Janis Way and the Easterly Subdivision boundary of OCEAN VIEW ESTATES 'as shown on Map thereof No. 5825, ·filed in the Office of the County' Recorder of San Diego County, January' 25, 1967; thence from said Point of Beginning, North 58°59 '34" East, a dis'tance of 330.36 feet; thenceS.outh 31 °00'26" East, a . distanc'e of 27.00 feet; thence South 58°59'34" West, a distance of 91.11 feet; thence North 23°20'06" West, a distance of ·2.02 feet; thence South . 58°59'34" West, a distance of 242.89 feet to the East boundary of said OCEAN VIEW' ESTATES; thence Nort.h 2.3°20'06" West along said Easterly boundary, a distance' of 25.22 feet to the Point of Beginning .of the portion described. Reference ~s made to said instrument for further particulars. A Deed o'f Trust to secure ~ln indebtedness in the original principal SUID of $68,943.00, and any other amounts and/or obligations secured thereby, recorded February 23, 1981 as File No. 81-054382 of Official Records. DATED: December 15, 1980 ,TRUSTOR: GEORGE J. SHEFFLER, as an individual; GEORGE J. SHEFFLER & WlLLIA'i J. SHEFFLER, III, as· Co-Trustees of the JOHN J. SHEFFLER TRUST; GEORGE J. SHEFFLER & WILLIA.'i J. SHEFFLER, III,' as Co-Trustees of the PAUL SHEFFLER TRUST;, WILLIAl-1 J. SHEFFLER, III, as an individual; GEORGE J. SHEfFER & WlLLIAl-1 J. SHEFFLER, III, as Co-Trustees of the WILLIAM J. SHEFFLER TRUST TRUSTEE: TITLE INSURANCE AND TRUST CCJo1PANY, a California corporatfon BENEFICIARY: CARLSBAD UNIFIED SCHOOL DISTRICT .' ORDER NO. 847295-6 PAGE NO. 5 7. An Agreement regarding payment of a public facHi ties fee,' da,ted January 20, 1982, u'pon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: GEORGE J. SHEFFLER, as an individual; GEORGE J. SHEFFLER AND WILLIAM J • SHEFFLER, III, as Co"':Truste'es 9f the JOHN J. SHEFFLER TRUST; GEORGE J., SHEFFLER AND WILLIAM J.. SHEFFLER, 111, as Co- Trustees of the PAUL SHEFFLER TRUST; WILLIA~ J. SHEFFLER, III, as an individual; GEORGE J. SHEFFLER AND WILLIA.~ J. SHEFFLER, III, as C9- Trustees of the WILLIAM J. SHEFFLER TRUST and the CITY OF CARLSBAD, a municipal ~orporation. RECORDED: February 1, 1982 as Fil~ No. 82-028208 of Official Records. 8. An Agreement regarding ,payment of a public facHi ties fee, dated February 17, 1,982, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: GEORGE J. SHEF,FLER, as an indfvidud; WILLIA.li J. SHEFFLER, III, as an individual; GEORGE J. SHEFFLER' AND WILLIAM J. SHEFFLER, III, as Co-Trustees' of the PAUL SHEFFLER TRUST; GEORGE J. "0 SHEFFLER AND WILLIA.~ J. SHEFFL~R, III, as Co-Trustees of the JOHN J. SHE'FFLER TRUST and the CIty OF CARLSBAD, a municipal cor,po-ration. ' RECORDED: Febru~ry 25, 1982 as File No. 82-051321 of Official Records. 9. The teI!Ils, covenants, and provisions of the Trust Agreements referred to in the vesting herein, and the effect of any failure to comply with such'term!';, covenants, and provisions. 10. An Agreement regarding payment of a Public Facilities Fee, dated March 23, 1984, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: SHEFFLER BROTHERS and the CITY OF CARLSBAD. RECORDED: June 6, 1984 as F~le No. 84-212205 o£ Official Records. 11. The effect of documents, proceedings, liens, decrees or other matters which do not specificai1y describe said land" but which may a,ffect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence of such matter has not been completed and we will require ~ Statement of Informa'tion' from Georg;~ Sheffler. ·' • LE'GAL DESCRIPTION That portion of Lot "J" of the RANCHO AGUA HEDIONDA, in the County of San Diego, State of 'California, according to Partition Map thereof No. 823,' filed in the Office of the County Recorder of San Diego County, November 17, 1896, being described as follows: Beginning at the most Northerly corner of Ocean View Est'ates, accor:ding to Map thereof No.' 5825, filed in the' 'Office of the County Recorder of S'an Diego County, ,January 25, 1967, being a point on the Southeasterly line of Seacrest Estates Unit No.2, according to Map thereof No. 4280, filed in the Office of the County 'Recorder of San Diego County, July 28, 1959; thence along the Southeasterly line of said Seacrest Estates Unit No.2, North 59°28'11" East, (North 58°59'47" East per Map No. 4280) 617.50 feet; thence leaving said Southeasterly line, South 19°00'00" East 221.50 feet; thence Soufh 2°36'40" East 79.10 feet; thence South 37°31'5~' West 71~14 feet to an angle point in the b04ndary of Parcell ,of Parcel Map No.' 878, filed, in the Office of the County Recorder of San, Diego County, 'July 3, 1972 as File No. 171312 of Official Recorqs; thence along the boundary of said Parcell, North 68°52'07" West 179.94 feet (North 69°20'06" West 180.00 feet per Parcel Map No. 878); thence So'uth 59°32'44" West 139.02 feet (South 58°59'34" West 139.14 feet per Parcel Map No. "878); thence South 22°49'01" East (South 23°20'06" East per Parcel Map No.> 878) 134.99 feet; thence leaving said boundary, South 59°32' 44" West 242.99 feet to the NOrtheasterly line of said Ocean View Estates; thence along said Northeasterly line, North 22°4.7'28" West (North 23°20'06" West per Map No. 5825) 308.44 feet to the POINT OF BEGINNING. ~" • 'l" '. 3, Title Risks: '. that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless the'y appeared in the public records, • that result in no loss to you • that first affect your title'after the Policy Date -this does not limit the'labor and'materiallien,coverage in Item 8 of Covered Title Risks 4, Failu're to pay value for your title. " 5, Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets. alleys. or waterways that touch your land This exclusion does not limit the acc,ess coverage in Item 5 of Covered Title Risks, SCHEDULE 8 -EXCEPTIONS In addition to the ExclUSions. you are not insured against loss, costs, attorneys' fees, and' expenses resulting from: 1. Any rights. interest or claims of parties in posseSSion of the land not shown by the public records. 2. Any easements or liens not shown by the public records, This exception does not limit the lien coverage in Item 8 of Covered Title Risks, 3, Any facts about the land which a correct survey would disclose and which are not shown by the public records, This exception does not limit the forced removal coverage in Item i 2 of Covered Title Risks. . 4. Any water rights. claims or title to water' on or under ,the land, ' 4.' AMERICAN LAND TITLE ASSOCIAtiON LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE O'F EXCLUSIONS FROM COVERAGE 1. Any law. ordinance or governmental regulation(including,but not limited to building and zoning ordinances) restricting or reg\Jlating or prohibiting the occupancy. use or enjoyment of theeland, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land. or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of flny violation of any such law. ordinance or governmental regulation, 2. Rights of eminent domain or governmental rights of police power unleSS notice of the exercise of such rights appears in the puplic records at Date of Policy. 3. Defects, liens. encumbrances, adverse claims. or other matters (a) created, suffered, assumed or'agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing,bythe insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c; resulting in no loss or damage to the insured Claimant: (d) attaching or created subsequent to Date of Policy(except to the extent insurance is,afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded ·herein as to assessments for street improvements under constructio" or completed at Date of Policy). 4. Unenforceabilityof the lien of the insured mortgage because of failure of the insured at Date of Policyorof·anysubsequent owner of the, indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM 8 -1970 (AM'ENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyme'nt of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a·reduction in the dimensions of-area of the l"lnd, or the effect of any violation of any such law, ordinance or governmental regulation. . 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)'created, suffered, assumed or agreed to by the ins'ured claimant; (b) not known to the Company and not shown by the public records but knowr] to the insured claimant either at Date of Policy or at the dat.e such claimant acquired an estate or interest by thi's policy and not disclosed in writing by the insured claimanl'to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; orIel resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest 'insured by this policy. (List of printed Exceptions qf)d Excll!s\on& 90ntinued on Reverse Side) ... --------------------~----~--.,......,.......-.,.---~...,--.",...,.--~~~~-. ------ FORM NO.1 068-A (10/85) CL TA Preliminary Report (Rev . .11 h 8/82) • ........ - PRELIMINARY REPORT J~1eo-S VNl'T 1 c .. "\': el-f'\ In response to the herein referenced application fora policy of title instJrance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy ei Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an -Exception herein or not excluded from coverage pursuant to the pr.inted Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions andExclusionsfrom the coverage_of said Peliey or PoliCies are s~tibfthherein. Copies of the Policy forms should De read. They are availabl~ from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ot a policy ottitle insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance ot a policy of title insurance, a Binder orCommitment·should be requested. First American Title Insurance Company -411 Ivy Street P.O. Box 8Q8 (92112) San Diego, California 92101 (619) 238-1776 PRELIM1NA-RY REPOR_T L.~~~~ __ ~~~ ______ ~ ____________________________________________________________________ ... '" LIST OF PRtNTED EXCEPTIONS AND eXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE'POLlCY-1'973 SCHEDULE 8 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in·taxes or assessments, or notices of such proceedings, whether or'not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct surveywould disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes,. ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting ownerfor access to a physically open street or highway is insured by this policy. 7, Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulation or prohibiting·the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of anY improvement now or hereaftElr erected on the land; or prohibiting a sep:;lration in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmehtal regulation. 8. Rights. of e.min.ent domain or governmental rights of police power unless notice oftlie exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other mat- ters (a) created, suffered, assumed-or agreed to by the insured claimant; (b) not shown by the·public records.and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or atthe date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the-Com- pany prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created·subsequent to Date of Policy; or (e) resulting in loss ot d(:lmage which would not have been sustained.ifthe insured claimant had been a purchaser or encum- brancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POL!CYFORM 8-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including'but not limited to building and zoning ordinances)·restficting or regulating or prohibiting the occupancy, use or enjoyment oHhe land, orregulating the character, dimensions or location ot-any improvement now or hereafter erected on the land, or prohibiting.a.separation in ownership or a reduction.in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental reguration. 2. Rights of eminent domain or governmental rights of police power unless notice ,of the exercise of such rights appears in the public records at Date of Policy. ' 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, as(,lUmedor agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured.claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant tothe Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss ordamagetothe insured claimant;·(d)·attaching or created subsequent to Date of Poficy; or(e)'resultingin loss ordamagewhich would not have been sustained·ifthe insured claimant had paid value for the estate or interest insure'd by this policy. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs,attorneys' fees,and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverag.e described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the,public records on the Policy Date. (list of printed Exceptions and Exclusions Continued) ~ --e- -~.--~--~'~--~~--~ · e .. 'First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808). SAN DIEGO; CALIFORNIA 92101 -(619) 238-1776 May 28, 1986 BILL SHEFFLER 7670 Opportunity Road, Suite 150 San Diego, California 92111 Your No. CARLSBAD TRACT NO. 81-19 Unit No. 1 Our Order No. 847295-6 Dated as of May 20, 1986 at 7:30 a.m. DiANNE LIVINGSTON/jnk TITLE OFFICER The form of policy title insurance contemplated by this report is: SUBDIVISION MAP GUARANTEE Title to said estate or interest at the date hereof is vested in: SEE ATTACHED EXHIBIT "A" FOR VESTING The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The land refe~redto herein is described as follows: LEGAL DESCRIPTION ATTACHED 1. 2. 3. 4. ORDER NO. 847295-6 PAGE NO.2' At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as fQllows: General and" Special taxes for the fiscal year 1986-87, a lien, not yet payable. Second Installment, General an4 Special taxes for the fiscal year, d.elinquent. The lien of suppleme~tal taxes, if any, assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. An easement for conveying wa tel' and I or power and of op~rating a control circuit for the operation of an automatic pumping plant by remote control; one or more pipes, pipelines, acqueducts, flumefi, subways, viaducts, conduits, poles, pole-lines, anchors, gu-y""wires, cross-arms, insulators anei/or control circuit equipment; together wi, th the right of ingress to and egress from and incidental purposes in favor of Carisbad Mutual Water. Company, recorded January 2, 1945 in Book 1794, page 201 of Official Records, described as follows: A strip of land 20 feet in width, lying 10 feet on each .. side of a line described as commencing at the intersection of the Westerly line of 1.0t "I" of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to ~ap No. 823, filed November 16, 1896,. Records of said County; and the center line of Monroe Street as 'shown onMelP of THUH LANDS NO. 1681, filed December 9, 1915, Records of said County; said Point of Intersection being also the most Northerly corner of BELJ~VISTA, according to Map thereof N9. 2152, filed March 7, 1929, Records of said County; thence South 28°39' East along the Easterly line of said BELLAVISTA, 397.56 feet to an angle point; thence continuing along. the Eas.terly line of selid BELLAVISTA, South 26°11' West, 520.04' feet to a point; thence South 63°49' East, 425.00 feet to the most Southerly corner of land conveyed to R. W. Poindexter by Deed recorded July 26, 1941 in Book 1221, page 14 of Official Records; thence North 2·6 °11' East, 1121.25 feet along the Southeas.terly line of said Poindexter Land; thence North 58°14'25" East continuing along the said Southeasterly boundary of Poindexter Land, a distClnce of 177.91 feet to a point·; thence leaving said Southeasterly boundary and through said Poindexter Land, North 5°46'Wes.t, 648.21 feet to a point on the North line of said Lot "1" and a point on the South line of land c9nveyed to H. E. ·Ellery, et ux by Deed recorded January 11, 1934 in Book 261, page 241 of Official Records, the TRUE POINT OF BEGINNING of the center line of the easement herein described, from which s·aid last described point, the Southwest corner of Lot "J", said RANCHO AGUA HEDIONDA bears West, 558.35 feet distant; thence from said TJ(UE POINT OF BEGINNING and through the said land of Ellery, North 5°46' West, 426.22 feet to a point; thence North 4°28' West, 217.44 feet to a point; thence North 54°24' West, 153.14 feet to a point; thence North 6 °08' East, 40.2.35 feet to a point in the center of a circular piece of land having a radius of 57.50 feet; thence from said center of said circle North 18°52' West, 601.73 feet to a Point of Inte.rsection with the Northwesterly boundary of said Ellery Land, from which said Point of Inter.section, the most Westerly corner of said Ellery Land bears South 59° West, 894.02 feet distant. Reference is made to said instrument for further particulars. ORDER NO. 847295-6 PAGE NO. 4 .~ 5. An easement for erecting, constructing, reconstructing, replacing, repairing, maintaining, and operating a water system" sewerage, drainage and underground utilities, together with the right of ingress and egress and incidental purposes in favor of the City of CarlSbad, recorded January 10, 1972 as File No. 5829 of Official Records, descri~ed as follows: All of that portion o,f Lot "J" of RANCHO AGUA HEDIONDA, in, the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed 1n the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Point of Intersection of the centerline of Janis Way and the Easterly Subdivision bounda·ry of OCEAN VIEW ESTATES as shown on Map thereof No. 5825, filed iIi the Office of the County Re.corder of San Diego County,. January 25, 1967; thence from said Point of Beginning, North- 58°59'34" East, a distance of 330.36 feet; thence South 31 °0.0'26" East,". distance of 27.00 feet; thence South 58~59'34" Wese, a distance of 91.11 feet; thence North 23°20'06" West, a distance of 2.02 feet; thence South 58°59'34" West, a dis.tance of 242.89' feet to the East boundary of said OCEAN VIEW ESTATES; thence North 23°20'06" West along sa'id Easterly boundary, a distance of 25.22 feet to the Point of Beginning of the portion described. Reference is made to said instrument for further particulars. 6. A Deed of Trust to secure an indebtedness in the original principal sum of $68,943.00, and any other amounts and/o~ obligations secured thereby, recorded February 23, 1981 as File No. 81-054382 of Official Records. DATED: December 15, 1980 " TRUSTOR: GEORGE J. SHEFFLER, as an individual.; GEORGE J .• $HEFFLER & WiLLIA~ J. SHEFFLER, III, as Co-Trustees of the JOHN J. SHEFFLER TRUST; GEORGE J. SHEFFLER & 'WILLIAM J. SHEFFLER; III, as Co-Trustees of the PAUL SHEFFLER TRUST; wILLIAMJ. SHEFFLER, Ill, as an individual; GEORGE J. SHEF'FER& WILLIAM J. SHEFFLER, III, as Co-Trustees of the WILLIAM J. SHEFFLER TRUST TRUSTEE: TITLE INSURANCE AND TRUST C(Jo1PANY, a California corporation BENEFICIARY: CARLSBAD UNIFIED SCH09L DISTRICT ORDER NO. 847295-6 PAGE NO. ·5 ·e 7. An Agreement regarding payment of a public facilities fee,' dated J~n~ary 20, 1982, upon the terms, covenants, and ~onditions contained ther·ein. EXECUTED BY ~p BETWEEN: GEORGE J. SHEFFLER, as an individual; GEORGE J. SHEFFLER AND WILLIAM J. SHEFFLER. III, as Co-Trustees of the JOHN J. SHEFFLER TRUST; GEORG:E J. SHEFfLER. AND WILLiAM J. SHEFFLER, III, ~s Co- Trustees of the PAUL Sl:iEFFLER TRUST; WILLIAlof J. SHEFFLER, III, as an individual; GEORGE J. SHEFFLER AND WILLIAM J. SHEFFLER, III, as (:0- Trustees of the WILLIAM J. SHEFFLER TRUST and the CITY OF CARLS~AD, a municipal corporation. RECORDED: February 1, 1982 as File No. 82-028208 of Official Records. 8. An Agreement regarding paymen~ of a public facilities fee, dated February 17, 1982, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: GEORGE J. SHEFFLER, as an individual; WILLIA."f J. SHEFFLER, III, as an individual; GEORGE J. SHEFFLER ~D WILLIAM J. SHEFFLER, III, as Co-Trustees of the PAUL SHEFFLER TRUST; GEORGE J. '. SHEFFLER AND WILLIAMJ. SHEFFLER, III, as Co-Trustees of the JOHN J. SHEFFLER TRUST and the CITY OF CARLSBA,D, a municipal corporation. RECORDED: February 25, 1982 a,s File No. 82-051~21 of Official Records. ' .. 9. The terms, covenants·, and provisions of the Trust Agreements refe·rred to in the vesting herein, and the effect of any failure to comply with such terms, covenants, and provisions. 10. An Agreement regarding payment of a Public Facilities Fee, dated March 23, 1984, upon the terms, covenants, and'conditions contained therein,. EXECUTED BY AND BETWEEN.:· SHEFFLER BROTHERS and the CITY OF CARLSBAD. RECORDED: June 6, 1984 as File No. 84-212205 of Official Records. 11. The effect of documents, proceedings, lien/3, decrees or other matters which do not spec;ifically describe said land, but which may a.ffect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the'existence of such matter has not been completed and we will require a Statement of Information from Georg\~ Sheffler. LEGAL DESCRIPTION' That portion of Lot "J" of t~e RANCHO AGUA HEDIONDA, in' th~ County of San Diego, State of California, according to 1;'artitibn Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 17, 1896, being described as follows:, Beginning at the most Northerly corner of Ocean View Estates, according to Map thereof No.' 5825, 'filed in the 'Office of the Cqunty Recorder of San Diego County, January i5, 1967, being a point on the Southeasterly line of Seacrest Estates Unit No.2, according. to Map thereof No. 4280, filed in the Office of the County Recorder of San Diego County, July 28, 1959; thence along the Southeasterly line of said Seacrest Estates Unit No.2, North 59°28'11" East, (North 58°59'47" East per Map No. 4280) 617.50 f.eet; thence leaving said Southeasterly lin.e, South '19°00'00" East 221.50 feet; thence South 2!)3'6'4,Oi' East 79.10 feet; thence ~otith 37°31'52" West 71.:14 feet to an angle point in the boundary of Parcell of Parcel ~ap No." 878, filed in the Office of th~ County Recorder of San Diego County,-July 3, 1972 as File No. 171312 of Official Rec'ords; thence along the bo~ndary of sa:i,d .Parcel 1, North 68°52'07" West 179.9'4 fe~,t (North 69°20'06" W~st 180.00 feet' per Parcel Map No. 878); thence South 59°32'44" West 139.02 feet (South 58°59'34" West 139.14 feet per Parcel Map No. "878); then'ce South 22°49'01" East', (Soutl;l 23°20'06" East per Parcel Map No~ 878) 134.99 feet; thence"leaving said boundary, South 59°32' 44" West 242.99 feet to the NOr,theasterly line of said Ocean View Es,tates'; thence ,along sail;! Northeasterly line, North 22°47'28" West (North 23!)20'06" West per Map No. 5825) 308.44 feet to the 'POINT OF BEGINNING. e -. -, • .1"1 .", .. -..... 3. Title Risks: • that are created, allowed, or agreed to by you _ • that are known to you, but not to us, on the Rolicy Date -unless thE;!y appea,re,d in the public records. • that result in ,no, loss to you • that first affect your'title-after the Policy Date -this does not limit the'labbr and materiaklien coverage In Item 80f Covered Title Risks ' - -0 ' 4. Failure to pay value for your title. 5. Lack of a right: _ . • to any land outside the area specificallYdescribed:'and referred,to in Item 3 of Schedule A, or • in streets, alleys, or waterways tbat touch your land This exclusion does not limit the access coverage iii Item:5 of CoY,ered Title Risks. SCHEDULE B -EXCEPTION,S In addition to the Exclusi-ons, you are not insured againstlo8s, costs, attomey~'fees, and~xRense,s res~ultjng, from: 1. Any rights. interest or claims of parties in possession of the land not shoWn by the public recor(:ls. 2. Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item8 of Covered-Title Risks. _ 3. Any facts about the land which a correct survey-woulddisclose and wnich are not shown by-the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Ri$ks. 4. Any water rights, claims or title to water on or undenhe land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN PQU-CY--'1-970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVE-RAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSiONS FROM COVERAGE ---". - 1. Any law, ordinance or governmental regulation,(includingcbutnot limited to building-and z9njng6rdiriancesJ-r~st~icting orT~~uiaUhg,or prohibiting the occupancy, use or enjoyment of the lanq, or regulating-the Gha,racter, dimensions or loc'ati€>n'of any imp'':o\7~menl n.ow.or hereafter erected on the land,or prohibiting-a separation-in ownership or a redu-ction·inthe,dil1lensions or area dthe land, or'th'e effect' of any violation of any such law, ordinance or governmentalTegulation. _ _. _ 2. Rights of eminent domain or governmental rights of police ,power unless notice of the exerciqe·of such rights appears in th:e public records at Date ot Policy. ' ',- 3. Defects, liens, encumbrances, adverse claims, or othermatters.(a) created, suffered, assumed or agreed,to by the insured claimant; (b) not known tothe Company and not shown by the public records:but,known to the insured claimant eithero'at,Oate'6f POlicy·or at t-he-date-' such claimant acquired an estate or interest insmed by this policy·or,acquired the ins.ured mortgage and~not disclo$ed;in writingl;ly the' insured claimant to the Company prior to the date such insured claimant became -an insured he.reunder; (cl resulting in n6l'oss,or: damage tothe insured claimant; (d) attaching orcreated,subseEluent,toDate,ot Policy(except to-the,extent insurance is afforded h:erein as to any statutory lien for labor or material or to the extent insurance is afforded'h'erein as to·assessments for street improvements under constructio" or completed at Date of Policy): 4. Unenforceability of the lien of the insured mortgage because of.failure oftne ihsured at bate ofFolicy or ofC!ny subsElqu.ent ownerof the· indebtedness to comply with applical;lle "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM. B -19-10 (AlVfENDED 10-11-70) WITH REGIONAL EXCI;P'rTONS SCHEDULE OF EXCLUS!ONS FROM Co.VERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoni'ngor9inance$) restricting or re.gulating or prohibiting the occupancy; use or enjoyment of the land, or regulating the charactElr, dimensions or 10catiol1 of-any improvemelit now or hereafter erected on the land, or pwhibiting a separation in ownership ora red~ctjon inth.e dimeosion$ Of (?rea of thefand, ofthe effect of any violation of any such law, ordinance or governmental regulation. . . 2. Rights of ~minent domain or governmental rights of police p'ower unless notice of .the exercise of ~uch tights appears iii the publiC. records at Date of Policy. . _ . 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered,.a~sumed or agreed.toby tile insured Ciaimant;'(b) not known to the Company and not shown by the_public records but known fo the insu~ed claimant either at Date of Policy or'at the date such claimant acquired an estate or interest by this policy and·not disclosed in-writing'by'the insured claimant to the·Compan'y priorto the date such insured claimaotbecamean insured hereunder;tc)resulting in no loss ordC!mage-to the insured·cI~imant;{O) attachTng or created subsequent to Date of Policy; or{e) resulting in loss ordamagewh"ichwould not have been sU$tajned if the insuredcl<;limant had paid value for the estate or interest insured by this policy. (List of printed Exceptions and Exclusions Continued on Reverse Side) 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B -1970 (AMENDED 10-17-70) -(Continued) SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing lieos by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, orciaims which are not shown by the public records but which could be ascertained by an inspection.of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents orin Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or othermatters (a) created, suffered, assumed or agreed to by the insmed claimant; (b) not known to the Company and not shown by the public records bwt known to the insur.ed claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing·by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(exceptto the extent insurance is afforded herein as to any statutory lien for labor or matenal or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the Insured mortgage because of failure of the Insured at Date of Policy or of any subsequent ownerof the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents-or'in Acts authorizing the issuance thereof; water rights, claims ortitle to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. ~ .• ~ ~ "'--"' ~ .• ~'