HomeMy WebLinkAbout; Northwestern Pacific Railroad Company; 1998-0468984; CondemnationRECORDING REQUESTED BY:
ASARO, KEAGY, FREELAND
& MCKINLEY
By: ROSCOE D. KEAGY, ESQ.
Fourth Floor, 31 70 Fourth Avenue
San Diego, CA 92103
(61 9) 297-31 70
AND WHEN RECORDED
MAIL TO:
ASARO, KEAGY, FREELAND
& MCKINLEY
By: ROSCOE D. KEAGY, ESQ.
Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(61 9) 297-31 70
Exempt from filing fees pursuant
to Gov. Code Sec. 61 03
THE ORIGINAL OF THIS DoCUplENT Mi RECORDED ON JM. 239 1198 DtlClNYT MBW l'TB-0468984 GEGORY J. St4ITH.I COUNTY RECORDER SAtt HEGO COUNTY REC(3RMR'S OFFICE TIE: l2:03 FM
1 This Space for Recordets Use Only
FINAL ORDER OF CONDEMNATION
SUPERIOR COURT CASE NO. N 71049
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APR 2 3 1998
By: K. STOW, DePutY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD,
A Municipal Corporation,
Plaintiff,
V.
1 NO. N 71049
1
)
1
1 FINAL ORDER OF CONDEMNATION
)
COMPANY, a Corporation; 1 and, DOES 1 Through 50, 1
Inclusive, 1 1
Defendants. )
)
NORTHWESTERN PACIFIC RAILROAD )
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the
real property and real property interests situated in the County of San Diego, State of California, and
more particularly described in Exhibit gglgg attached hereto and made a part hereof, be condemned
to Plaintiff for the purpose of the "Olivenhain Road Widening Project" in the manner proposed by
Plaintiff in furtherance of public and general welfare.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this
Order be recorded in the Office of the County Recorder of the County of San Diego, State of
California, and thereupon, title to said property described herein shall vest in Plaintiff.
Dated: APR 2 3 fw FTank3n 1. m*fl
Judge of the Superior Court
F:\WPDOCS\CRWWUDGE\NORTHWES. FOC
(03119198 8:47arn)
'I ...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPROVAL AS TO FORM:
ASARO, KEAGY, FREELAND & MCKINLEY
Special Counsel
n
Attorneys for Plaintiff
LOWELL & ROBBIN n
F:\WPDOCS\CRWUDGE\NORTHWES.FOC
(03/19/98 8:47am) 2
By: /, w
PACIFIC RAILROAD
Delaware corporation, formerly
Southern Pacific Transportation Company, a Delaware
corporation, formerly NORTHWESTERN PACIFIC
RAILROAD COMPANY, successor-in-interest by
merger
fCreg0hg instrument is a full, true and correct
Attest:
KENNETH E. MARTONE
Clerk of the Superior Court of the State of California
*%-o*
EXHIBIT “I”
All that real property in the City of Carisbad, County of San Diego, State of California,
described as follows:
PARCELS 1 AND 2 OF PARCEL MAP NO. 5288, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 10,1976.
SUBJECT TO THE EXPRESS CONDITION THAT THE ABOVE DESCRIBED
PROPERTY, EXCLUDING, HOWEVER, THE PORTION OF THE PROPERTY HEREAFTER
DESCRIBED, SHALL REMAIN AS OPEN SPACE AND IN AN UNDEVELOPED STATE AND
SHALL NOT BE FURTHER SUBDIVIDED. THE PORTION OF THE PROPERTY TO BE
EXCLUDED FROM SAID CONDITION IS DESCRIBED AND DEPICTED ON EXHIBIT “A”
HERETO ATTACHED AND HEREBY MADE A PART THEREOF.
EXHIBIT “1”
F:\WPDOCS\CRWWUDGE\NORTHWES.LGL
(0311 8/98 9: 13arn)
..
,. LEG/10563XP3.D9c, 1/7/91, WSWAR
EXHIBIT 'A'
LEGAL DESCRIPTION
(RAILROAD PROPERTY)
PARCELS 'A1 AND IBr
APN 255-023-01 AND 02
BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PFRCEL Nf THEREOF NO.
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
5288, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE
BEING ALSO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A
PORTION THEREOF DEDICATED PER SAID MAP NO. 5288; THENCE ALONG THE WESTERLY
BOUNDARY OF SAID MAP NO. 13385
1. NORTH 20°02'5311 WEST 131.44 FEET; THENCE
2. NORTH 75'09'22" WEST 23.13 FEET; THENCE
116.94 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
3. NORTH 75'23'37" WEST
4. NORTH 75'23'37" WEST 20.00 FEET; THENCE
5. NORTH 14"36'23" ERST
6. SOUTH 75'23'37" EAST
7, SOUTH 14'36'23" WEST
59-85 FEET; THENCE
20.00 FEET; THENCE
59.85 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B1
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A
PORTION DEDICATED PER SAID PPRCEL MAP NO. 5288, BEING THE WESTERLY TERMIWS
OF A 151.00-FOOT RF,DIUS CURVE CONCAVE SOUTHERLY, BEING ALSO THE BEGINNING
OF A 30.00-FOOT WIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE F_RC OF
SAID CURVE AND RIGHT-OF-WAY
EXHIBIT "A" attached to Exhibit "1"
Page 1 of 8
1. NORTHWESTERLY
Is78
1.32 FZET THROUGH A CENTRAL ANGLE OF
02"31'26"; THENCE LEAVING SAID
RIGHT-OF-WAY
2. NORTH 18°49'1611 EAST 26.11 FEET; THENCE
3. SOUTH 71"10'44" EAST 20.00 FEET; THENCE
4. SOUTH 18°49'16" WEST 29.43 ETET TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY, BEING ALSO A POINT
ON THE ARC OF SAID 151.00-FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL FROM SAID POINT BEARS
SOUTH 31059 ' 50" WEST; THENCE
ALONG THE ARC OF SAID CURVE AND
RIGHT-OF-WAY
5. WESTERLY 18.97 FEET THROUGH A CENTRAL ANGLE OF
07°11'47" TO THE POINT OF BEGIN-
NING.
CONTAINS 551 SQUARE FEET, MORE OR LESS.
LS 7430 EXPIRATION DATE 12/31/01
EXHIBIT "A" attached to Exhibit "1"
Page 2 of 8
EXHIBIT 'A'
LEGAL DESCRIPTION
(RAILRQAD PROPERTY)
PARCEL- 'A'
APN 255-023-01 AND 02
BEING A PORTION OF PARCELS 1 'AND 2 ACCORDING TO PARCEL MAP THEREOF NO.
5288, ON FILE IN THE OFFICE OF THZ COUNTY RECORDER OF SAY DIEGO, IN THE
P-ARTICULARLY DESCRIBED AS FOLLOWS:
CITY OF C,nJILSBAD, COUNTY OF SJ" DIEGO, STATE OF CALIFORNIA, MORE
PARCEL 'A'
COMMENCING AT THE SOUTHWEST CORNER OF CJUUSBAD TRACT NO. 88-03-1 ACCORDING
TO MAP THEREOF NO. 13385 ON FILE IN THE OFFICE OF' SAID COUNTY RECORDER,
BEING ALSO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A
PORTION THEREOF DEDICATED PER SAID PARCEL NO. 5288; THENCE ALONG THE
WESTERLY BOUNDARY OF SAID NO. 13385
1. NORTH 20'02'53" WEST
2. NORTH 75'09'22" WEST
3. NORTH 75'23'37" WST
4. WESTERLY
5. NORTH 56'27'47" WEST
6. NORTHWESTERLY
131.44 FEET
23.13 FEET;
165.00 FEET
279.85 FEET
47.65 FLET
23.02 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE
THENCE
TO THE BEGINNING OF A 1,661.50-
FOOT RADIUS CURVE CoNGWE SOUTH-
ERLY; THENCE ALONG THE ARC OF
SAID CURVE
THEiOUGH A CENTRAL ANGLE OF
09'39'02" TO AN INTERSECTION WITH
SAID OLIVENHAIN ROAD, As DEDI-
CATED PER SAID PARCEL MAP NO.
5288; THENCE ALONG SAID RIGHT-OF-
WAY
THE NORTHERLY RIGHT-OF-WAY OF
TO THE BEGINNING OF A 151.00-FOOT
RADIUS CURVE CONCAVE SOUTHWEST-
ERLY; THENCE ALONG THE ARC OF
SAID CURVE
THROUGH A CENTRFL ANGLE OF
08'44'10" TO THE BEGINNING OF A
30.00-FOOT RADIUS REXERSE CURVE
EXHIBIT "A" attached to Exhibit "1"
Page 3 of 8
7. NORTHWESTE3LY
8. SOUTH
9. SOUTH
89'38
72'16
10. SOUTH
14"
26"
2 0 02 5 3 I'
EAST
E3ST
EAS T
34.61
295.92
215.11
..
98.89
CONCAVE
ALONG THE
FEET THROUGH
6 6 0 6 ' 11 I'
NORTHEASTERLY; THENCE
ARC OF SAID CURVE
A CENTRAL ANGLE OF
TO A POINT ON THE EAST-
ERLY RIGHT-OF-WAY OF EL WINO
REAL AS DEDICATED PER SAID PARCEL
MAP NO. 5288; THENCE LEAVING SAID
RIGHT-OF-WAY
FEET; THENCE
FEET TO A POINT ON
BOUNDARY OF SAID
THENCE
FEET TO THE
ALONG SAID
TRUE POINT
THE WESTERLY
MF2 NO. 13385;
BOUNDARY
OF BEGINNING.
CONTAINS 40,106 SQUARE FEET, MORE OR LESS.
EXHIBIT "A" attached to Exhibit "I"
Page 4 of 8
LEG/1056PRP4.mC, 1/7/98. WSH/hw
EXEIBIT 'A'
LEGAL DESCRIPTION
(RAILROAD PROPERTY)
AJ?X 255-023-01 AND 02
BEING A PORTION OF P-WCELS 1 AND 2 ACCORDING TO PARCEL Y?! THEREOF NO.
5288, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE
CITY OF CARLSBAD, COT.J"I'Y OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED jlS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF CARLSBAD TRACT NO. 88-03-1 ACCORDING
TO Yi THEREOF NO. 13385 ON FILE IN THE OFFICE OF SAID COUNTY RECORDER,
BEING ALSO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVENXAIN ROAD, A
PORTION THEREOF DEDICATED PER SAID PARCEL MAP NO. 5288, BEING ALSO A POINT
A RADIAL FROM SAID POINT BEJRS NORTH 04°19'25" EAST; THENCE ALONG SAID
ON THE ARC OF A NON-TANGENT 751.01-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY,
RIGHT-OF-WAY AND ARC OF SAID CURVE
1. NORTHWESTERLY 382.92 FEET THROUGH A CENTRAL ANGLE OF
29'12 '48"; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY
2. NORTH 56'27'47" WEST 173.07 FEET (NORTH 56"27'51" WEST PER SAID
PARCEL MAP NO. 5288) TO THE
BEGINNING OF A NON-TANGENT
1,661.50-FOOT RADIUS CURVE CON-
CAW SOUTHERLY, A RADIAL FROM
SAID POINT BEARS SOUTH 04'57'21"
WEST; THENCE LEAVING SAID RIGHT-
OF-WAY ALONG THE ARC OF SAID
CURVE
3. EASTERLY
4. SOUTH 75'23'37" EAST
279.85 FEET THROUGH A CENTRAL ANGLE OF
09"39'02"; THENCE
165.00 FEET; THENCE
5. SOUTH 75°0912211 EAST 23.13 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF SAID MAP NO. 13385;
THENCE ALONG SAID BOUNDARY
EXHIBIT "A" attached to Exhibit "I"
Page 5 of 8
LEt/1056PRP4.Mc, 1/7/98, &Sli/AW
6. SOUTH 20°02'53" EAST 131.44 FLET TO THE POINT OF BEGINNING.
CONTAINS 43,849 SQUARE FEET, MORE OR LESS-
._ LS 7430 EXPIRATION DATE 12/31/01
EXHIBIT "A" attached to Exhibit "I"
Page 6 of 8
LEG/1197pcL.coC, 1/6/98 AU
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
EASEMENTS
BEING A PORTION OF PARCEL 2 9-CCORDING TO PARCEL MAP THEREOF NO. 5288, ON
FILE IN THE OFFICE: OF THE COUNTY RECORDER OF SPLN DIEGO COUNTY, IN THE CITY
OF CARLSBAD, COTJNTY OF sFN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
PARCEL 'A' - SLOPE EASEMENT
BEGINNING AT THE NORTJNEST CORNER OF SAID PARCEL 2 AS SHOWN ON SAID PARCEL e; THENCE ALONG THE NORTHERLY LINE THEREOF
1. NORTH 89"16'48" EAST
2. NORTH 89°16148" EAST
3. SOUTH 22"00'59" WEST
4. NORTH 82°04'14" EAST
5. SOUTH 45'58'49" EAST
6. SOUTH 05°40'32" EAST
7. SOUTH 21"07'32" WEST
8. SOUTH 28"06'11" WEST
9. NORTH 89"47'27" WEST
18.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING
93.35 FEET; THENCE LEAVING SAID NORTHERLY
LINE
50.73 FEET; THENCE
41.57 FEET; THENCE
31.76 FEET; THENCE
54.52 FEET; THENCE
77.04 FEET; THENCE
78.04 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN SLOPE EASEMENT TO THE
CITY OF CARLSBAD As SHOWN ON
NOTICE OF PENDING ACTION, PER
DOCUMENT RECORDED APRIL 12, 1996
OFFICIAL RECORDS, ON FILE AT THE
OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY; THENCE
AS DOCUMENT NO. 1996-0181737 OF
79.61 FEET ALONG SAID NORTHERLY LINE TO A
POINT ON THE EASTERLY LINE OF
THAT CERTAIN ROAD EMEMENT
DEDICATED TO THE CITY OF CARLSBFD
PER SAID PARCEL MAP, SAID POINT
BEING THE BEGINNING OF A NON-
TANGENT 9,063.00 FOOT WIUS
CURVE CONCAVE WESTERLY, A RADIAL
EXHIBIT "A" attached to Exhibit "1"
Page 7 of 8
LZG/ll97PCL.Doc, 1/6/96 AW
TO SAID BEGINNING BEARS SOUTH
89”05’46” EAST; THENCE ALONG THE
ARC OF SAID CURVE AND EASEMENT
10. NORTHERLY 256.87 FEET THROUGH A CENTEUU; ANGLE OF
01°37’26“ TO THE TRUE POINT OF
BEGINNING.
AREA CONTAINS 29,729 SQUARE FEET MORE OR LESS. .a
EXHIBIT “A” attached to Exhibit “1”
Page 8 of 8
b 1
1
2
3
4
5
6
7
a
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APR 2 3 7998
By: K. STOKKE, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNW OF SAN DIEGO
CITY OF CARLSBAD,
A Municipal Corporation,
Plaintiff,
V.
NORTHWESTERN PACIFIC RAILROAD
COMPANY, a Corporation;
and, DOES 1 Through 50,
Inclusive,
Defendants.
NO. N 71049
1 1
1 1 1
)
)
1
1
) STIPULATED JUDGMENT
It appearing to the Court that Plaintiff CITY OF CARLSBAD, through its attorneys of record,
RONALD R. BALL, City Attorney, and ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel,
by RICHARD R. FREELAND, and Defendant UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation, formerly Southern Pacific Transportation Company, a Delaware corporation,
formerly NORTHWESTERN PACIFIC RAILROAD COMPANY, successor-in-interest by merger,
(hereinafter "UNION PACIFIC RAILROAD COMPANY"), through its attorneys of record, LOWELL
& ROBBIN, by David S. Robbin, have stipulated that Judgment as hereinafter set forth may be
entered, and it further appearing to be a proper case therefor;
F:\WPDOCS\CRWUUDGE\NORTHWES.JDG
(04/21/98 9:52am)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condemn the rights, title and interests in real
property as described and depicted in Exhibit "I" attached hereto and incorporated herein by this
reference.
2. That the condemnation and taking thereof is for the public purposes set forth in the
Complaint and is necessary for such public use;
3. That the payment to Defendant UNION PACIFIC RAILROAD COMPANY, in the sum
of $212,937.00.00, plus interest accrued with the COUNTY OF SAN DIEGO on the sum of
$61,000.00 from April 12, 1996 to the date of payment, for the taking of the real property and
interests in real property, shall constitute full and final payment for the condemnation and taking of
said real property and interests in real property, and extinguishes all defendants' claims which could
have been made in this action, including, but not limited to compensation for improvements,
severance damages, interest, fees, costs, litigation expenses, precondemnation damages, other
damages, and all defendant's claims relating to this action;
4. That said payment as hereinabove specified shall terminate, cancel, and extinguish all
liens, leaseholds, and encumbrances of whatsoever nature on said real property;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
1. That said total sum of $212,937.00 be distributed as follows:
a. The County Treasurer is herein authorized to issue a warrant to Defendant
UNION PACIFIC RAILROAD COMPANY, a Delaware corporafion, for the sum of $61,000.00 plus
accrued interest, in care of its attorney, David S. Robbin;
b. Plaintiff CITY OF CARLSBAD issue a check to Defendant UNION PACIFIC
RAILROAD COMPANY, a Delaware corporation, in the amount of $151,937.00, in care of its
attorney, David S. Robbin;
F:\WPDOCS\CRWUDGE\NORTHWES.JDG
(04/21/98 9:52am) 2
'..
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
' 16
17
18
19
20
21
22
23
24
25
26
27
28
2. That Plaintiff seeks to take, acquire, condemn and own the interests in said real property
referred to and described herein;
3. That Possession having been taken on a portion of said property by Plaintiff June 5,
1996, all taxes, penalties, costs, liens, leaseholds, and encumbrances of whatsoever nature which
are a lien on said parcel and which are apportioned to that portion of the fiscal year after said date
are hereby canceled pursuant to sections 5081 et seq. of the Revenue and Taxation Code;
4. That trial, the right to trial, hearing on the issues, the making and filing of a Statement
of Decision, the right to move for a new trial or appeal, Notice of Entry of Judgment and Notice of
Recording Final Order of Condemnation are waived, and that upon payment to defendant as herein
specified, that Plaintiff shall be entitled to a Final Order of Condemnation.
Dated: APR 2 3 1998
Judge of the Superior Court
F:\WPDOCS\CRWU UDG E~NORTHWES. JDG
(04121198 9:52am) 3
EXHIBIT “I”
All that real property in the City of Carlsbad, County of San Diego, State of California,
described as follows:
PARCELS 1 AND 2 OF PARCEL MAP NO. 5288, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER IO, 1976.
SUBJECT TO THE EXPRESS CONDITION THAT THE ABOVE DESCRIBED
PROPERTY, EXCLUDING, HOWEVER, THE PORTION OF THE PROPERTY HEREAFTER
DESCRIBED, SHALL REMAIN AS OPEN SPACE AND IN AN UNDEVELOPED STATE AND
SHALL NOT BE FURTHER SUBDIVIDED. THE PORTION OF THE PROPERTY TO BE EXCLUDED FROM SAID CONDITION IS DESCRIBED AND DEPICTED ON EXHIBIT “A
HERETO A7TACHED AND HEREBY MADE A PART THEREOF.
EXHIBIT “1“
F:\WPD OCSK RWWUDG E~NORTHWES. LG L
(03118198 9:13am)
EXHISIT 'A'
LEGAL DESCRIPTION
' (RAILROm PXOPERTY)
PARCELS 'A' AND 'B'
LW 255-023-01 AM3 02
PARCEL 'A'
BOUNDARY OF SAID MAp NO. 13385
I. NORTH 20°02153" WEST
2. NORTH 75'09'22" WEST
131.44 =ET; THENCE
23.13 =ET; THENCE
116.94 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
3. NORTH 75'23*37" WEST
4. NORTH 75"23'37" WEST
5. NORTH 14'36'23" EAST
6. SOUTH 75'23'37" EAST
7. SOUTH 14'36'23'' WEST
20.00 =ET; THENCE
59-85 FEET; THENCE
20.00 FEET; THENCE
59.85 EET TO THE TRUE POINT OF BEGINNING.
CONTAINS 1,197 SQUARE FEET, MORE OR LESS.
PARCEL 'B'
;AiD CURIT€ AND RIGHT-OF-WAY
EXHIBIT "A" attached to Exhibit "1"
Page 1 of 8
.'
1. NORTHWESTElUY 1.32 E'EET THROUGH A CENTWL ANGLE OF
02 3 1 ' 2 6" ; THENCZ LEAVING SAID
RIGET-OF-WAY
2. NORTH 18°49'16i1 EAST 26.11 FEET; THENCE
3. SOUTH 71"10144" EAST 20.00 E'ZET; ThXNCS
4. SOUTH 18"49'16" WEST 29.43 FEET TO A POINT ON SAiD NORTHERLY
RIGHT-OF-WAY, BEING FLSO A POINT
ON TFE ARC OF SAID 151.00-FOOT
WIUS CURVE CONCE-VZ SOUTHERLY, A
RADIz11; EROM SAID POINT BEARS
SOUTH 31059'50" WEST; TKZNCE
ALONG TIIE ARC OF SAID CURVE ,AND
RIGHT-OF-WAY
5. WESTERLY 18.97 EET THROUGH A CENTRPL PNGLE OF
07°11'47" TO THE POINT OF BEGIN-
NING.
ARNOLD L. WHITE, JTl. 'DATE
LS 7430
EXPIILilTiON DATE 12/31/01
EXHIBIT "A" attached to Exhibit ('1"
Page 2 of 8
EXBIBIT 'A'
LEGAL DESCRIPTION
(RAILROAD PXOPSIITY)
PARCEL-: 'A'
$GN 255-023-01 AND 02
1. NORTH 20'02'53" WEST
2. NORTH 75"09'22" WEST
3. NORTH 75"23'37" WEST
4. WESTERLY
5. NORTH 56'27'47" WEST
6. NORThWESTERLY
131.44 FEET
23.13 FEET;
165.00 FEET
279.85 FEET
47.65 FEET
23.02 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE
THENCE
TO THE BEGINNING OF A 1,661.50-
FOOT RADIUS CURVE CONCAVE SOUTH-
ERLY; THENCE ALONG THE ARC OF
SAID CURVE
THROUGH A CENTRFL ANGLE OF
09'39'02'' TO AN INTERSECTION WITH
THE NORTHERLY RIGHT-OF-WAY OF
SAID OLIVENHAIN ROAD, AS DEDI-
CATED PER SAID PARCEL MAP NO.
5288; THENCE ALONG SAID RIGHT-OF-
WAY
TO TIEE BEGINNING OF A 151.00-FOOT
RFDIUS CURVE CONCAVE SOUTHWEST-
ERLY; ThXNCE ALONG THE ARC OF
SAID CURVE
THROUGE A CENTEVL PNGLE OF
08'44'10'' TO THE BEGIMKCNG OF F-
30.00-FOOT RADiUS REVERSE CURTa
EXHIBIT "A" attached to Exhibit "I"
Page 3 of 8
7. NORTHWESTERLY
a. SOUTH ago38l14" EAST
9. SOUTH 72°16'26" EAST
10. SOUTH 20°02'53" EAST
34.61
295.92
215.11
98.89
CONCAVE
ALONG THE,
NORTHDSTERLY; TliENCE
ARC OF SAID CURVE
P- CENT?&L BNGLE OF
TO A POINT ON THE EAST-
ERLY RIGXT-OF-W$-Y OF EL CAlvIINO
RETiL FS DEDICATED PE2 SAID PARCEL
MX NO. 5288; TPZXCE Lg-VING SAID
RIGHT-OF-WAY
ETET; THENCE:
=ET TO A POINT ON
BOUNDARY OF SAID
THENCE
FEET TO THE
CONTAINS 40,106 SQUNG FEET, MORE OR LESS.
ALONG SAID
TRUE POINT
TEE WESTERLY
MPS NO. 13585;
BObTDAXY
OF BEGINNING.
EXHIBIT "A" attached to Exhibit "l"
Page 4 of 8
EXHIaIT 'A'
LEGAL DESCRIPTION
(RAILROAD PROPZRTY)
AP?? 255-023-01 AND 02
1. NORTHWESTERLY 382.92 ETET "JXIROUGI A CENTWL ANGLE OF
29'12 48"; THENCE CONTINUING
ALONG SAID RIGHT-0F-W.Y
2. NORTH 56'27l47" WEST 173.07 FZET (NORTH 56'27'51" WEST PER SAID
PARCEL MAP NO. 5288) TO THE
BEGINNING OF A NON-TWGZNT
1,661.50-FOOT RADIUS CTJWZ CON-
CAVE SOUTHERLY, A RADIAL FROM
SAID POINT BEARS SOUTH 04°57'21"
WEST; THENCE LEAVING SAID RIGHT-
OF-WAY ALONG THE PRC OF SAID
CURVE
3. EASTERLY
4. SOUTH 75'23'37" m5T
279.85 FEET THROUGH A CENTW ANGLE OF
09°39'02"; THENCE
165.00 FEET; THENCE
5. SOUTH 75°09f221r EAST 23.13 EEET TO A POINT ON T€iE WESTERLY
BOUNDF-RY OF SAID M2.P NO. 13385;
THENCE F-LONG SAID BOUNDARY
EXHIBIT "A" attached to Exhibit "1"
Page 5 of a
6. SOUTH 20°02f53ft ST 131.44 =ET TO THX POINT OF BEGIbiiNG.
.. LS 7430 EXPIRATION DATE 12/31/01
EXHIBIT “A” attached to Exhibit “1“
Page 6 of 8
EXEIIBIT 'A'
LEGAL DESCRIPTION
FOR
EASEMENTS
PARCEL 'A' - SLOPE EASEMENT
BEGINNING AT THE NORTHWEST CORNEX OF SAID PARCEL 2 AS SHOWN ON SAiD PARCEL
M.22; THENCE ALONG THE NORTHERLY LINE THEREOF
1. NORTH 89'16'48" WT 18.00 FEET TO THE TRUE POINT OF BEGIhiNING; THENCE CONTINUING
2. NORTH 89°16148t1 EAST 93.35 FEET; THENCE LmVING SAID NORTHERLY
LINE
3. SOUTH 22°00'59" WEST 50.73 FEET; THENCE
4. NORTH 82°04114f' EAST 41.57 FEET; THENCE
5. SOUTH 45°58r491r EAST 31.76 FEET; THENCE
6. SOUTH 05°401321t WT 54.52 FEET; THENCE
7. SOUTH 21"O7'32lf WEST 77.04 FEET; THENCE
8. SOUTH 28'06'11" WEST 78.04 FEET TO THE NORTHERLY Lrm OF THAT
CERTAIN SLOPE EFSRGNT TO THE
CITY OF CFJiLSBAD AS SHOWN ON
NOTICE OF PENDING ACTION, PER
DOCUMENT RECORDED APRIL 12, 1996
OFFICPL RECORDS, ON FILE AT THE
OFFICE OF THE COUNTY =CORDER OF
SAN DIEGO COUNTY; THENCE
AS DOCUMENT NO. 1996-0181737 OF
9. NORTH 89°47127ff WEST 79.61 FEET ALONG SAID NORTHERLY LINE TO A
POINT ON T€E EFSTERLY LINE OF
THP,T CERTAIN ROAD EAS"cMENT
DEDICATED TO THE CITY OF CARISBAD
PER SAID PARCEL MAP, SAID POINT
BEING THE BEGINNING OF A NON-
TANGENT 9,063.00 FOOT RADIUS
CURVE CONCF-VE WESTERLY, A RJDiAL
EXHIBIT "A" attached to Exhibit ''4"
Page 7 of 8
TO SAID BEGINNING BEARS SOUTH
89'05'46'' EAST; THENCE ALONG TRE
ARC OF SAID CURVE AM3 EASWNT
10. NORThXRLY 256.87 =ET THROUGH A CENTRlU ANGLE OF
01°37'26" TO THE TRUE POINT OF BEGINNING -
EXHIBIT "A" attached to Exhibit "I"
Page 8 of 8
.
CLTA STANDARD COVERAGE
POLICY OF TITLE INSURANCE - 1990 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY
\-
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its
priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure
of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys’ fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto afiiied by its duly authorized oficers, the Policy to become valid when countersigned on Schedule A by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: &( L. 467
Secretary Chairman and Chief Executive Officer
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regdation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, .encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (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 or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any wnsumer credit protection or truth in lending law.
6. Any claim which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors’ rights laws.
CLTA Standard Coverage Policy - 1990
Page 1 Form 11 83-1 Valid Only If Schedules A and B and Cover Are Attached ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) “insured”: the insured named in Schedule A, and, subject to any rights or defenses the
Company would have bad against the named insured, those who succeed to the interest of the
named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributes, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary
suocessors. The term “insured” also includes
(i) the owner of the indebtedness secured by the insured mortgage and each suQzEsor in ownership of the indebtedness except a sucoessor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor aquired the indebtedness as a purchaser for value without knowledge of the asserted defect. lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land);
(ii) any governmental agency or governmental instrumentality which is an insurer or
guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness
secured by the insured mortgage, or any part thereof, whether named as an insured herein or not;
(iii) the parties designated in Section 2 (a) of these Conditions and Stipulations.
(b) “insured claimant”: an insured claiming loss or damage.
(c) “insured lender”: the owner of an insured mortgage.
(d) “insured mortgage”: a mortgage shown in Schedule B, the owner of which is named as an
insured in Schedule A.
(e) “knowledge” or “known”: actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other mrds which impart constructive notice of matters affecting the land.
(0 “land”: the land described or referred to in Schedule ( A), and improvements affixed thereto which by law constitute real property. The term “land’ dm not include any property beyond the lines of the area described or referred to in Schedule ( A), nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein
shall modify or limit the extent to which a right of access to and from the land is insured by this
policy.
(g) ”mortgage”: mortgage, deed of trust, trust deed, or other security instrument.
(h) “public records”: mrds established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge.
(i) “unmarketability of the title”: an alleged or apparent matter aNecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
(a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure. t~~tm.9 sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transleree is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by
purchase, subject to any rights or defenses the Company may have against any predecessor insureds;
and (iii) any governmental agency or governmental instrumentality which acquires all or any part of
the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage.
(h) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured.
(c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event ex& the least oT:
(i) The mount of insurance stated in Schedule A:
(ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured
mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all paymemts made; or
(iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty.
3. NOTICE OF CLAIM TO BE OWEN BY INSURED CLAIMANT.
An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company. at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, hut only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will
not pay the fas of any other counsel. The Company will not pay any fees, costs or expenses
incurred by an insured in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or
proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. if the Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Campany may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for
the defense of any action or proceeding, an insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all appeals therein. and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company’s expense. shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company’s obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and
Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall dcscribe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company’s Obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss m damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission. in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in lhe custody or control of a third party, which reasonably pertain to the loss or damage. All information
designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in
the administration of the claim. Failure of an insured claimant to submit for examination under
oath. produce other reasonably req~ested information or grant permission to secure reasonably
necessary information from third parties as required in this paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under this policy as to that
insured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this policy together with any costs. attorneys’ fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or
(ii) i” case loss or damage is claimed under this policy hy the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys’ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the owner of the
indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph a (i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation, and the policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph a (ii) the Company’s obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
(h) To Pay or Otherwise Settle With parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys’ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under
this policy, together with any costs. attorneys’ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company’s obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
B 1183-1
Conditions and Stipulations Continued Inside Cover
CONTROL NO. b2 1 - 2 9 b 19 0
. .,
I. " . .I
CONDITIONS AND STIPULATIONS
(Continued)
1. DETERMIW~TION AND EXTENT OF uII)(Ury.
This polley is a contract of indemnity against actual monetary IOU or damage sustained or
iacuned by the insured claimant who has sulTered loss or damage by reason of matters insured
apnst by this polq and only to the ertent hemn dambed
(a) The liability of the Company under this policy to an insured lender shall no1 excad the least
Of
(I) The Amount of Insurance stated in Scheduk A. or. if applicabk. the amount of Insurance as defined in Section 2 (c) of thcsc Conditions and Stipulations.
(11) the amount of the unpaid pnncipal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations. at the time the loss or damage insured against by this policy occurs. together with interest thereon. or
(111) the diNercnce between the valuc of the insured estate or interest ds insured and the
value of the insured estate or intcrnt subjat Io the defat lien or encumbrance insured against by
this poky
(b) In the event thc insured lender has acquired the estate or interest in the manner dcscnbed in
Section 2 (a) of these Conditions and Stipulations or has conveyed the titk. then the liability of the
Company shall continue as set fonh in Section 7(a) of these Conditions and Stipulations
IC) The liablity of the Company under this policy to an insured owner of the estate or interest
in the land dernbcd in Schedule A shall not exscd the lcdst of
(I) the Amount of Insurance stated in Schedule A. or.
(11) the diNerena betwccn the value of the insured estate or interest as insured and the wluc of the insured estate or interest subject to the defat lien or encumbrance insured against by
this polley
(d) The Company will pay only those costs. attorneys fees and expenses incurred in rccorddnce rnth Sation 4 of thcse Conditions and Stipulations
8. LIMITATION OF LIABILITY.
(a) If ihc Company establishes the title. or removes the alleged defect Iten or encumbrance or cum the lack of a nght of access to or from the land or curn thc claim of unmarkeldbilily of title.
or othennise establishes the lien of the insured mongap. all as insured. in a reasonably diligent
manner by any method. including litigaiion and the compktion of any appeals therefrom. it shall
have fully performed its obligations with rcspect to that matter dnd shall not be liable for any loss
or damage caud thereby
(b) In the event of any litigation. including litigation by the Compdny or with the Compdny s
consent. the Company shall have no liability for loss or ddmdgc unlil there hds been a findl
determination by a court of competent jundiction. and disposition of all appeals therefrom adverse
to the titk. or. if applicable, to the lien of the insured morlgdge ds insured
(c) The Company shall not be Itable for loss or damage to any msurcd for llabllity voluntarily assumed by the lnsured m xctlmg any clam or suit mthout the For mtden consent of the Company.
(d) The Company shall not bc liable to an insured lender for (I) dny indehledness created subxqucnt to Date of Policy except for advances made to protect the lien of the insured mortgage and xcured thereby and reasonabk amounts expended to prevent dctenordlion of improvements or
(11) construction loan advances made subsequent to Date of Policy exfept construction loan advanas made subxqucnt to Date of Poky for the purpose of financing in whole or in part the construction of any improvement to the land which at Date of Policy were secured by the insured mongage and which the insured was and continued to be obligated to advance at and after Date of
Pollcy
8. REDUCTIOW OF INSURANCE REDUCTION OR TERMINATION OF LIABILITY.
(a) All payments under this policy except payments made for costs attorneys fees dnd
expenses. shall reduce the amount of insurana pro tanto However as to an insured lender any
payments made pnor to the acquisition of title to the estate or interest as provided in Section 2 (a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance dmorded
under this policy as to any such insured. except to the exteni lhdl the payments reduce the amount
of the indebtedness secured by the insured mortgage
(b) Payment in part by any person of the pnnnpal or the indebtedness or any other obligation secured by the insured mongsp, or any voluntary panml saiisfaciion or rekase of Ihc insured
mortgage. to the extent of the payment. satisfaction or release. shall rcducc the amount of insurance pro tanto The amount of insurana may thereafter be increased by accruing interest and advances made to protest the lien of the insured mortgage and secured thercby with interest thereon
provdcd in no event shall the amount of insurance be greater than the Amount of Insurance stated
in Schcduk A
(c) Payment in full by any perron or the voluntary satisfaction or release of the insured mongage shall tcnninate all liability of the Company IO an insured kndcr except as provided In
Sation 2(a) of thcu Conditions and Stipulations
10. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy shall be reduced by
any amount the Company may pay under any policy insunng a mortgage to whlch exception is
taken in Schedule B or to whlch the insured has agreed. assumcd. or taken subject. or which is
hereafter cxauted by an insured and *hich is a charge or lien on the estate or interest knbed or referred to in Schcduk A, and the amount so pad shall be deemed a payment under this poltcy to the insured owner
The proviuons of this Section shall not apply to an insured lender. unless such insured acquires
title to said estate or intern1 in satisfaction of the indebtedness xcured by an insured mongage
11. PAYMENT OF LOO
(a) No payment shall be made without produnng this policy for endorsement of the payment unkss thc polley has been lost or destroyed. in which cax proof of loss or destruction shall be furnnhtd to the satidactton of the Company
(b) When Itahlily and the calm1 of IOU or damage has bcm detiniuly fixed in amrdana with thev Condiuons and Stipulations. the loss or damage shall be payabk wthin 30 days thnraflet
12. SUBROGATION UPON PAVYENT OR SEmMLNT
(a) The Company's Right of Subrogation
Whenever the Company shsll have settled and pad a claim under this policy. all right of subrogation shall vest in the Company unarrsted by any act of the insured claimant.
The Compny shall be subrogated to and be entitled to a11 nghts and remedies whlch the
insured claimant would have had against any person or property in mpst to the claim had this policy not been issued If requested by the Company, the insured claimant shall transfer to the
CImpany all nghts and rcmcdics against any perron or property necessary in order to perfect this
right of subrogation. The insured claimant shall permit the Company 10 suc, compromise or settle in
the name of the insured claimant and to use the name of thc insured claimant in any transaction or
Irrigation involving these nghts or remedies
If a payment on account of a claim docs not fully cover the loss of the insured claimant. the
Company chall be subrogated (I) as to an insured owner. to all nghts and rcmedm in the
proporation which the Company's payment bears to the whole amount of the loss. and (11) as to an
insured lender, to all nghts and remedies of the insured claimant after the insured claimant shall
have recovered its pnncipal. interest. and costs or collation.
If loss should result from any act of the insured claimant. as stated above. that act shall no1
void this policy. but the Company. in that event. shall be required 10 pay only that pan or any
losses insured against by this policy which shall exceed the amount. if any. lost to the Company by
reason of the mpairment by the insured claimant ol the Company's nght of subrogation
(b) The Insured's Rights and Limitations
Notwilhstandinp the Foregoing. the owner of the indebtedness secured by an Bnsured mortgage. provided the pnonty of the lien of the insured mortgage or its enforceability is not aNated. may release or substitute the personal liability of any debtor or guarantor. or extend or otherwise modify the terms of pa;ment. or release a portion of the estate or interest from the lien of the insured mortgage. or release any collateral security for the indebtedness
When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of titk or interest adverse to the title to the estate or interest or the pnonty or enforceability of the lien or an insured mortgage. as insured. the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount. if any, lost to the
Company by reason of the impairment by the insured claimani of the Company's nght of
subrogation
(c) The Company's Rights Against Non-Insured Obligors
The Company', nght or subrogation against non-insured obligors shall exist and shall include.
without limitation. the nghts of the insured to indemnities. guaranties. other policies of insurance or
bonds. notwithstanding any terms or conditions contained in those instruments which provide for
rubrogaiion rlghts by reawn of this policy.
The Company's nght of rubrogation shall not be avoided by acquisition oran insured mortgage
by an obligor (except an obligor described in Section ItaHiiI of ihese Conditions and Stipulaiions)
who acquires the insured morigagc as a result of an indemnity. gudraniee. other poky or insurance,
or bond and the obligor will not be an insured under this polcy. notwithstanding Section I(a)(i) of thcse Conditions and Stipulations
13. ARBITRATION.
Unless prohibited by applicable law. either the Company or the insured may demand arbilrdlion pursuant to the Title Inwrdnce Arbitration Rules or the Americdn Arbitration Associdlion Arbitrable matters may include. but arc not limiied to. any 'controversy or cldim
between the Company and the insured ansing out of or relating to this policy. any service of the
Company in connection with its issuance or the breach ol a policy provision or other o5ligdtion All
arbitrable matters when the Amount of Insurance of 11.ooO.ooO or less shall be arbitrated at the
option of nther the Company or the insured. All arbitrable matters when the Amount of Insurance
is in excess of 11.OOO.ooO shall be arbitrated only when agreed to by both the Company and the
insured. Arbitrdiion pursuant 10 this policy and under the Rules in erect on the date the demdnd
for arbitration IS made or, at the option of the insured. the Rules in eNect ly Date of Policy shall be
bnding upon the parties The award may include attorneys' fees only if the laws or the state in
which the land is located pennit a couri 10 award altorneys' fees io a prevailing pany Judgment
upon the award r-ndered by the Arbitrator(r) may be entered in any court having ]unsdiction thereof The law of the situs of the land shall apply to an arbiiraiion under the Titk Insurance Arbitration Rules
A copy of the Rules may be obtained from the Company upon request
14.
(a) This policy together with all endorsemenis. if any, attached hercto by the Company is the entire pol~y and contract between the insured and rhe Company In interpreting any provision of this policy. this policy shall be construed as a whole.
(b) Any claim of loss or damage. whether or not based on negligence, and which an= out or
the status of the lien of the insured mortgage or of the title io the estate or interest covered hereby
or by any action asserting such claim. shall be restricted to this polley
(c) No amendment of or endorsement to this policy can be qadc except by a wnting endorsed
hereon or attached hereto signed by either the President. a Vice President. the Secretary. an
Assstant Secretary. or validating oNir or authonrcd signatory of the Company
15. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law. the policy shall be deemed not to include that provision and all other provisions shall remain in full
force and ekct
16. NOTICES. WHERE SENT.
LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number ofthis policy and shall be addressed to COMMONW!3ALTH LAND TITLE
INSURANCE COMPANY, 1700 Market Street, Philadelphia. PA 19103-3390.
CLTA Standard Coverage Policy Form - 1990
Cover Page
Form 1183-3 Valid Only If Schedules A and B Are Attached
Commonwealth
POLICY OF TITLE INSURANCE
Issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
Policy/File Number: 975617-6
Amount of Insurance: $61,000.00
Premium: $0
Date of Policy: July 28, 1998 at 12:08 p.m.
1.
2.
3.
4.
Name of Insured:
City of Carlsbad
The estate or interest in the land described herein and which is covered by this policy is:
EASEMENT
The estate or interest referred to herein is at Date of Policy vested in:
City of Carlsbad, a Municipal Corporation
The land referred to in this policy is situated in the County of San Diego, State of
California, and is more particularly described in Exhibit "A" attached hereto and made a
part hereof.
Commonwealth Land Title Insurance Company
By:
CLTA Standard Coverage Policy
975617
EXHIBIT "A"
Parcels 1 and 2 of Parcel Map No. 5288, in the City of Carlsbad, County of San Diego,
State of California, fded in the Office of the County Recorder of San Diego County,
November 10, 1976.
CLTA Standard Coverage Policy
975617
SCHEDULE B
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY
WILL NOT PAY COSTS, ATTORNEYS’ FEES OR EXPENSES) WHICH ARISE BY
REASON OF:
PART I
1.
2.
3.
4.
5.
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.
Any facts, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
Easements, liens or encumbrances, or claims thereof, which are not shown by the public
records.
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 the public
records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not
the matters excepted under (a), (b) or (c) are shown by the public records.
CLTA Standard Coverage Policy
975617
SCHEDULE B
PART 11
1.
in document
An easement for the purpose shown below and rights incidental thereto as set forth
Granted to:
Purpose:
County of San Diego
for road and the right to extend and maintain drainage structures and
excavation and embankment slopes beyond the limits of said right of
way where required for construction and maintenance
February 28, 1950 in Book 3518, Page 221 of Official Records Recorded:
Affects: The exact location and extent of said easement is not disclosed of
record.
2.
in document
An easement for the purpose shown below and rights incidental thereto as set forth
Granted to:
Purpose:
County of San Diego
the right to extend and maintain drainage structures and excavation
and embankment slopes beyond the limits of the right of way granted
therein where required for construction and maintenance
September 28, 1961 as File No. 169289 of Official Records Recorded:
Affects: The exact location and extent of said easement is not disclosed of
record.
Note: Said rights have been conveyed to said County in various other deeds of record,
affecting Road Surveys 1631 and 682.
3.
in document
An easement for the purpose shown below and rights incidental thereto as set forth
Granted to:
Purpose:
The County of San Diego
the privilege and right to extend drainage structures and excavation
and/or embankment slopes beyond the limits of the said right of way
where required
November 28, 1969 as File No. 217326 of Official Records Recorded:
Affects: Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
CLTA Standard Coverage Policy
975617
Reference is made to said document for full particulars.
4. Various matters including, but not limited to, requirements for developing or
improving the land, covenants, conditions, restrictions and provisions set forth on a Parcel
Map: 5288
Recorded: November 10, 1976
5.
as offered for dedication on the recorded map shown below
An easement for the purposes shown below and rights incidental thereto as shown or
Map No.: Parcel Map 5288
Purpose:
Affects:
for the purposes of public street and incidental purposes
as shown on said Map
6. Covenants, conditions and restrictions (deleting any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin) as set forth in the document
Recorded: July 28, 1998 as File No. 1998-0468984 of Official Records
CLTA standard Coverage Policy
. pb
FROM: Ronald Ball, City Attorney
TO: Lee Rautenkranz, City Clerk
DATE: September 30, 1998
SUBJ: CARLSBAD V. NORTHWESTERN PACIFIC RAILROAD COMPANY
Enclosed for your records are copies of the recorder final order of condemnation and
policy of title insurance issued by Commonwealth Land Title Insurance Company.
to call me if you should have any questions.
RONALD R. BALL
City Attorney
Enclosures
July 30, 1998
TO: City Clerk
FROM: City Attorney
CITY OF CARLSBAD V. NORTHWESTERN PACIFIC RAILROAD, CO.
CASE NO. N71049
Attached to this memorandum, please find a copy of the “Final Order of Condemnation”
in this case which was recorded on July 28, 1998. The original order is on file with the
Court. Please make this copy part of your permanent files which vests as property in
the City of Carlsbad which was required for the Olivenhain Road widening project.
I appreciate your cooperation and courtesy in this regard. 0-
RONALD R. BALL
City Attorney
rmh
attachment
cc: City Manager
(with attach men t)