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HomeMy WebLinkAbout; CARLSBAD PIPE LINES, INC.; 9688; Easement' k4IL TAX bILL TO Ah .WHEN RECORDED, PLEASE MAIL 'I THIS -' INSTRUMENT TO CITY OF CARLSBAE, CALIFORMI 2960 Pi0 Pic0 Drive Carlsbad, California 92008 k 42 732 7 Order No. ............................................................... Escrow No ....................................................................... 257 e * A Q6-Z i". *;a FKEIPAoe IdQ - REaDm mB;t% oc tlgcww 7tTkti tfWf1m WWm JAN3 8 Qfi AM'S i. 'i $ .L..:s;->j . ., -, .. ,. .. CI $2.80 I SPACE ABOVE FOR REC $5.50 ,~i r = "- ."2. -.>- - :>. ". " - s- c '\ 'UJ . 1.. iC\ I -. -.- Qfi i.2 4'2'L & , ,. G";*,<.,:, . \Ji L.. ! ',, \r b c (PLACE INTERNAL REVENUE STAMPS IN THIS SPACE) . '1 :q ""cy, L '. 3 !t 12. Is>,- - c :-+ c -> "1 1 .- : ~. ,,*\. ~~ -=. 4 4 .s L -EG *Aq UNTY'- (<).. :%(3i 5 &.TARY I[ 7 L- 1;: s~Pz~AX~ I " ", L- " . i. e: -$\X Grant Deed I. R. S. $ ___..___ za.l.5.-.. 4 ) .~ , -c,? :\ ', (Corporation) .._I LC CARLSSAD PIPE LINES t INC. (GRANTOR) for a valuable consideration, receipt of which is hereby acknowledged, Does Hereby Grant To CITY OF CARLSBAD, CALIFORNIA, A 3unicigal Corporat the real property in the City of Caz*lshad 9 County of Sari Die go , State of California, described as follows: .The Southwesterly 60.69 feet (measured along the Southeasterly 1 By.. @d+Ng/d __ --A _____ - - -? .__._ ..Gd &c.;.':,......: r -_ "" L 2 .*.::-.;. ,: :: i; ./ '- President STATE OF CALIFORNA By ..""_ ~ ".."."""".~. - ".. ~."""" " .""".,"L"" a COUNTY OF Secretary, .' s "" STUART C. WlLSON i NOTARY FCSLiC - CfiLIFORNIA E * L-2 (G.S.) 5-10-60 (Rev. 5-60) (8 pt.1 i- f b [ h fl \ \ k & =+F-p.E“iE~~<<<&~~< -~~~-~~~~~~~~j~~~~~c~~~~~~~ - “’LC* ~5ZZ5ZZE.C‘ ;$+/27- ~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~ ~. - ”- rex ~~~~~~~~~~~~~~~~~~~~~~~~~~~ g $1 t h 4 & 1 kl g 1 7-. 8 L $ h~~-~~~~~~~~~~,~~~~~~~~~~~~~~-~~~~~~~~ x. ’$ x, -. .-~~~~~~~~~~~~~~~~~~~~~~~ c- $ $ 1 b t ii, 8 \ 1 5 1 + 1~~~~~~~~~~~~~~~-^----r-^.”~~-~~~~~~^^-~~~~~””-”~ -_ e e C"Lbdb-2 3s CERTIFIC4TE " I-"-r OF ACCEPTANCE ,33& This is to certify tbat the intarest in real property dated roIJdt$r,U .Z, /Ydc , frr?mC/3kl"sbhdv fif'. L;keS, rite.. oration and/or governm-ntal agent,;., is hmeb:,r accepted by order..,o$ t$fe,;cit$ Coilncil of the City of Carlsbad on the 2 r*i .'&y of Xe.~mfiy) /SbS t and .the grzntee consents to recokdation there6f by its duly authorlzed officer. comeyed by G/-An" Pees- ,. to ths Ci-t-.:~ nf CarI.,?had, a pol.Ttical corp- L. :c I, DATED: '&riuhby 2 /?d5? CITY OF CARLSBAD ;BE >7&df OA&,- city $le& I P-218 (G.S.) Rev. 1-63 e ” I “I e c SECURITY TITLE INSURANCE COMPANY - a California corporation, herein called the Company, Insures tLe parties named as insured in Schedule A, the heirs, devisees, personal representatives of such ins or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the an stated in Schedule A, together with costs, attorneys’ fees and expenses which the Company may become obligated tc as provided in the Conditions and Stipulations hereof, which the insured shall sustain by reason of the matters num 1 to 4 in Part Three of Schedule B of this policy. CLTA - I963 SCHEDULE A STANDARD CO1E.F Insured : CITY OF CARLSBAD, CALIFORNIA Policy No: Consideration paid for this policy: $ 427327 69.35 (A-2-C ) Effective date : Amount of liability: $ January 18, 1948 at 9 :00 a.m. 4,500 .oo The estate or interest in the land described or referred to in this schedule covered by this policy is: A FEE Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF CARLSBAD, CALIFORNIA, a Municipal Corporation. The land referred to in this policy is situated in the State of California, County of and is described as follows: San Diego Reference is hereby made to description attached hereto and made a part of this c I 4 6 The Southwesterly 60.69 feet (measured along the Southeasterly line) of the following described property: That portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, on file in the Office of the County Recorder of said County, and that portion of Basswood Avenue as per Map thereof No. 1681 of Thurn Lands, on file in the Off ice of the County Recorder of San Diego County, more particularly described as follows: 403 center line of Basswood Avenue and Valley Street, as shown on said PA Be&ming at a concrete monument marking the intersection of thc Map No. 1681, running thence South 50" 07' 20" West (record South 50' 051 20" West) along the center line OF Basswood Avenue, a distance oj 517.77 feet ta a point; thence North 31" 13' 20" West a distance of 265.71 feet; thence North 57" 21' 13" East 500.58 feet to a point in .. the center line of Valley Street that bears North 34" 31' 50' West line South 34" 31' 50" East 2OO.k feet to the Point of Beginning. EXCEPTING the Southeasterly 30.00 feet of the property herein 200.46 feet from the Point of Be inning; thence along the said centel described, said Southeasterly 30.00 feet being included within Basswc Avenue, as herein referred to. A-427327 ~ P-2i8-B (G.S.) (Rev. 1-63) e SCHEDTjLE E This policy does not insure against loss or damage by reason of the matters shown in Parts One and Two of Sched PART ORE: None. I P-218-BB (G.S.) (Rev. 1-63) e e SCHEDULE B (Continued) PART TWO: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that le 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 ascer 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 survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance there rights, claims or tide to water. PART THREE: Matters numbered 1 to 4 referred to on the first page of this Policy: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land des1 referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or exclu coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortg the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in B, or excluded from coverage in Schedule B or in the Conditions and Stipulations, said mortgage being Schedule B in the order of its priority; all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annex1 In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as 01 set forth in Schedule A, the effective date of this policy. &-/ -z%%L ,? ,, - * i .,L" -2 -~"----- - .."_ ~ ._"___ - ... ._ .. ." . ". . /," -.:+ > ,;x ,," ."', .; . . ~ . - ,,/ "- /' . .,I ., . K,. ' , ,/-?".',.:.(L An Authorized Signature .:</<-*' . -- "4"~"."~-, L, .i . - - ,. __I I . " . ., 7:. ~ ,, . *../ ;.: , ? ./: .. , .. . ", ." "2 ,~-~~~~~=~~~~~~~~.~~~~~~~.~ ,, :> ,' - B ** ' B-218-ST (G.S.) (Rev. 1-63) . e CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: b reference in Schedule A and improvements (a) "land": the land described, specifically or arfixed theretb which by law constitute real property; (b) "public records": those records which im- part constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not con- structive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date": the effective date; deed, or other security instruments; and (e) "mortgage": mortgage, deed of trust, trust Insured, and if the owner of the indebtedness se- (f) "insured": the party or parties named as named as an Insured in Schedule A, the Insured cured by a mortgage shown in Schedule B is shall include (1) each successor in interest in ownership of such indebtedness, (2) any such in this policy by foreclosure, trustee's sale, or other owner who acquires the estate or interest referred to legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insurin or guaranteeing said indebtedness, or any part tfereof, whether named as an Insured herein or not, subject otherwise to the provisions hereof. 2. Benefits after Acquisition of Title by a mortgage described in Schedule B acquires If an insured owner, of the indebtedness secured said estate or interest, or any part thereof, by fore- isfaction of said indebtedness, or any part thereof closure, trustee's sale, or other legal manner in sat- or if a federal agency or instrumentality acquire; said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured agency or instrumentality subject to all of the cdnditions and stipulations hereof. 3. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: lation (including but not limited to building and (a) Any law, ordinance or governmental regu- zoning ordinances) restricting or regulatmg or pro- land, or regulating the character, dimensions, or hibiting the occupancy, use or enjoyment of the location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or emi- nent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule A, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other struc- ture or improvement; or any rights or easements therein unless this policy specifically provides that such property, rights or easements are insured, physically open streets or highways this policy in- except that if the land abuts upon one or more sures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. against the title as insured or other matters (1) (d) Defects, hens. encumbrances, adverse claims created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless dis- closure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or (3) resulting in no loss to the Insured Claimant; or (4) attaching or created sub- sequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encum- brancer for value without knowledge. 4. Defense and Prosecution of Actions - Notice of Claim to be Given by the Insured undue delay shall provide (I) for the defense of the (a) The Company, at its own cost and without Insured in all litigation consisting of actions or roceedings commenced against the Insured, or de- Tenses, restraining orders, or injunctions interposed agalnst a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mort- gage as insured, which litigation or action in an of such events is founded upon an alleged defect, Tien or encumbrance insured against b this policy and may pursue any litigation to finar determinatibn in the court of last resort. be begun, or defense interposed, or in case knowl- (b) In case any such action or proceeding shall edge shall come to the Insured of any claims of title or interest which is adverse to the title of the estate which might cause loss or damage for which the or interest or lien of the mortgage as insured, or Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness secured by a mortgage faith leases or contracts to sell, lease or mortgage covered by this policy, or, if an Insured in good the same, or ii the successful bidder at a fore- closure sale under a mortgage covered by this policy refuses to purchase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall Insured shall not, in writing, promptly notify the come to the knowledge of the Insured, or if the unmarketability of title, then all liability of the Conpany 05 any such rejection by reason of claimed action, proceeding or matter shall cease and ter- Company in regard to the subject matter of such minate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shaii be actually prejudiced by such failure and then only to the extent of such prejudice. cost to institute and prosecute any action or pro- (c) The Company shall have the right at its own ceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mortgage as insured; and the Company may take any appro- priate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. requires the Company to prosecute or provide for (d) In all cases where this policy permits or the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or pro- vide defense in such action or proceeding, and all the name of tde Insured for such purpose. When: appeals therein and permit it to use, at its ootion ever requested by the Company the Insured shall give the Company all reasonabie aid in any such action 0: proceeding, in effecting settlement, se- or defending such action or proceeding, and the curing evidence, obtaining witnesses, or prosecuting Company shall reimburse the Insured for any ex- pense so incurred. 5. Notice of Loss - Limitation of Action In addition to the notices required under para- graph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the age shall have been determined and no right of Company within sixty days after such loss or dam- action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after ex- piration of said thirty day period. Failure to furmsh such statement of loss or damage, or to commence such action within the time hereinbefore specified the Insured of any action under this policy. shall be a conclusive bar against maintenance b; 6. Option to Pay, Settle or Compromise Claims settle or conpromise for or in the name of the In- The Company shall have the option to pay or amount of this policy, or, in case loss is claimed sured any claim insured against or to pay the full under this policy by the owner of the indebtedness Company shall have the option to purchase said secured by a mortgage covered by this policy, the indebtedness; such purchase, payment or tender of payment of the full amoynt of this policy, together with all costs, attorneys fees and expenses which the Company is obligated hereunder to pay, shall the event, after notice of claim has been given to terminate all liability of th.e Company hereunder. In purchase said indebtedness, the owner 01 such in- the Company by the Insured, the Compan offers to debtedness shall transfer and assign said indebted- ness and the mortgage securing the same to the Company upon payment of the purchase price. 7. Payment of Loss (a) The liability of the Conpany under this pol- icy shal! in no case exceed, in all, the actual loss the Company may be obligated hereunder to pay. of the Insured and costs and attorneys fees which (b). The Company will pay, in addition to any loss Insured against by this policy, ail costs imposed uuon the Insured in litigation carried on by the neys' fees in litigation carried on by the Insured Cbmpany for the Insured, and all costs and attor- with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this uolicy (1) if the Company after having received ndtice of an alleged defect' lien or encumbiance not excepted or excluded here: in removes such defect, lien or encun a reasonable time after receipt of s1 in settling any claim or suit without \ (2) for liability voluntarily assumed t of the Company, or (3) in the event ]ectad as unmarketable because of or encrxbrance not excepted or ex1 , until there has been a final y a court of competent jurisdiction s rejection. (d) All payments under this polic] ments made for costs, attorneys' fees and no payment shall be made wit? shall reduce the amount of the insurc this policy for endorsement of such p the policy be lost or destroyed in wh satisfaction of the Company; provide, of such loss or destruction shah be f~ the owner of an indebtedness secure gage shown in Schedule B is an Insur such payments shall not reduce I amount of the insurance afforded he ments reduce the amount of the inc such Insured, except to the extent t person or voluntary satisfaction or r cured by such mortgage. Payment il Insured of a mortgage covered by th terminate all liability of the Company, owner of the indebtedness secured ' gage, except as provided in paragrcr (e) When liability has been defiI accordance with the conditions of t~ loss or damage shall be payable wit) thereafter. 8. Liability Noncumulative It is expressly understood that the c policy is reduced by any amount the pay under any policy insuring the v ority of any mortgage shown or r Schedule B hereof or any mortgage ecuted by the Insured which is a cha the estate or interest described or Schedule A, and the amount so 5 The provisions of this paragraph nun deemed a payment to the Insured und not apply to an Insured owner of ar such Insured acquires title to said est secured by a mortgage shown in Sche in satisfaction of said indebtedness thereof. 9. Subrogation upon Payment or Set& under this policy, all right of subroga Whenever the Company shall have I in the Company unaffected by any I titled LO all rights and remedies whicl. sured,, and it shall be subrogated t( would have had a ainst any person respect to such cihim had this pol issued. If the payment does not cover Insured, the Company shall be subro rights and remedies in the proportic payment bears to the amount of saic should result from any act of the Ins1 shall not void this policy, but the Cor event, shall be required to pay only any losses insured against hereunde exceed the amount, if any, lost to the reason of the impairment of the right c The Insured, if requested by the C, transfer to the Company all rights against any person or property neces to perfect such right of subrogation, o mit the Company to use the name of t any transaction or litigation involvinc or remedies. secured by a mortgage covered by this If the Insured is the owner of the liability of any debtor or guarantor, Insured may release or substitute otherwise modify the terms of paymei the mortgage, or release any col!ate:o a portion of the estate or interest fro] the indebtedness, provided such act d( in any loss of priority of the lien of t ID. Policy Entire Contract Insured may have or may bring agai Any action or actions or rights of at mortgage covered by this policy or th pany arising out of the status of tht estate or interest insured herein mrst the provisions of this policy. waived or changed except by writ No provision or condition of this I: hereon or attached hereto signed by a Vice President, the Secretary, Secretary or other validating officer of 11. Notices, Where Sent and any statement in writing requirec All notices required to be given ished the Company shall be addressec office which issued this policy. POLICY IS THE TOTAL FEE FOR TI 12. THE FEE SPECIFIED ON THE FP AND EXAMINATION AND FOR TITLE Eoiicy