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HomeMy WebLinkAbout; PANNONIA INVESTMENT CORP.; 79999; Easement"i -.-RECORDING REQUESTED BY w W 6.. 'p"" ' . -w La$- 53: * CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 79999 FILE/PAGE NO. _..__._____......__..._.....~~ BGOM 1971 TITLE INSURANCE-& TRUST CO. RECORDED REQUEST OF AND WHEN RECORDED MAIL TO , r CITY CLERK : 1200 :EI~ -Avenue 1 APR 22 9:00AM'71 CITY OF CRRLSBAD Carlsbad, California 92008 OFFICIAL RECORDS -.,;Q SAN DIEGO COUNTY, CALIF- HARLEY F. BLOOM RECORDER '., . 350 !L J NO FEE SPACE ABOVE THIS LINE FOR RECORDER r :L MAIL TAX STATEMENTS To 1 .. Documentary Transfer Tax $- ' ' . e CITY OF CARLSBAD Xomputed on full value or- co veyed. . . .or computed on full value less liens and en- :: 1200 Elm Avenue &iiibfao_ces remaining ther at time of sale ". . P 'K Jg- -A&LuFLv-G Carlsbad, California 92008 Slgnat e of declarant or agent determining tax __~_ - _;I _Firm-Name- - -- - " .~ .- " """ - WXX-XX Corporation Grant Deed : TO 406 CA (7-68) ' THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY c i FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HARLEY Fs BLOOM, RECORDER TRANSFER TAX PAID PANNONIA INVESTMENT CORPORATION .. .. a corporation organized under the laws of the state of hereby GRANTS to The City of Carlsbad the following'described real property in the City of Carlsbad County of San Diego , State of California: A1 1 of that .portion of Lot "I" of Rancho Agua Hedionda , in the City of Carl sbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County , November 16 , 1896 , described as fol'lows: ~ ' .. \\ .. - .-. ..- Beginning at the southeast-corner of Lot 48, Carls,bad Highlands No. 2, as shown on map thereiM7fN.o. 2825, filed in the office of the County Recorder of San Diego , December 5, 1951 ; Thence soytherly from said point of beginning along the southerly prolongation of the east line of said Lot 48, a distance of 213.00 feet; Thence westerly parallel with the south line of said Lot 48 and the westerly prolongation therm-f, a distance of 180.00 feet; Thence northerly along a line that is 10.00 feet westerly of the southerly prolongation of the west !ine of said Lot 48, a distance of 213.00 feet to the westerly prolongation of the south line of said Lot 48; Thence.eas'terly along the south line of said Lot 48 and the westerl'y prolongation thereof, a distance of 180.00 feet to the point of&e$nning. (As shown for convenience sake on Attachment ."A!! , attached',~e.~@8~,~~~d 5 made a part hereof. (2 E) s..?$>.3bi:&?.i. ;z e+ %Q:.**ae**+.. (?,-&*+,. In. Witness %%ereof, said corporation has caused it ment to be executed by itsJdqFF KnuH* thereunto duly authorized. Dated: & GRCN zs-/97/ STATE OF CALIFORNIA COUNTY OF Lds ~h'~~~~~~ ) ss. On MAR/;c/ 2.57~ /47/ before me, the und signed, a Notary Public in and for said State, personally appeared YOS~~ RWP' B9kD FRHMt k-lknown t :I. I. to me to be the ro*ep ~~~B~ President, and ERQL J/ __ known to me to be Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL- PETER HARLE LOS ANGELES COUMW Mycornmission Expires Apr. 18,1972 NOTARY PUBLIC - CRLIFORNIA -, 2°K 10103 Lang .Beach Mlrd.. Lynwd, calif. 90262 .. .. 11 I Signature 1- Name (Typed or Printed) (TllIs area for omrinl notarial seal) -. I Tihe Order No. 9 9s-o 0 I Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE (159-9-2)(2-E)(January 25, 197l')(Skyline Reservoir Site) I. - ra (I 1 I n 0 3 71 s1 im la 0, zi mm rs x0 EL Dm ry! .-I i-m 6 W n m de c1- 2z 3 kD OP' p 9 CLF: -;5 0 :f ul p3 30 wa 0 # h z c3 U M M U m 0 s .cd 0 Zd L@ 4 z 5 I n 0 3 71 elel c.'* 08 rl rim 2z =w $3 24 mm cf- 5g Dm gj a; #Zd 2: Y UL@ m 80 3 m=I, m gg ma rs $0 OF; F ry! aP r" rm 6 n wa r ,; , ~:;. ,/~'. ._ ,. . , .,.f ., Dl I 6 . :3. < 1. -r =I .* 5 q) I .. .; :e*; . :: 1'- . ' i i- 2 :'._. .::: . :;.. ....A _. ' I/ -i s .~ _' \ -' . c; ,L- 7 >,.-I -.. D 1 e/cr/ L.. .! p.7NNon//n /NV€S7 N7 coee I rT;%s&Ku'o/e SA%-E" I - . ." ' . -- \4 .\" .-pi, \ m I " t I I 4J 1 t I I 1 i : -ATToC/.M€N7 0 - 0 m1 r- O, 9 I b I, R Lw I. . "-r-- \ *..-.:"'" ..., ( .' ~ 19: i 1 d. \ ;/ ,,, , kl' !;,\ L, -02- .c:.". '% .-<,3*,, ..;;, e:, 9 \ - _".! -i ./I : ,," +, \;"<3 % ':--+A ~ 1 !.n I\ i "..i c,.;,; 9, ;?# '':A ;- "! ", , 2 , I -.- .*I.:+@ g ?s '> @IS: 6 :~ i, ~ $ 1 j'j-"""""=; -<'\ .' I ~ 2,. a. '\ ',;,,.,, \\?.A k. \:.?..% :*;.' ;." *xd.<,.P, iy? ." . .- I b 6 6 ern& * 350 ~ ~~~~ .. CERTIFICATE OF ACCEPTANCE - 29 *, This is to certify that the interest in real property conveyed by the deed or i grant dated &&tl?c5H 25-, fq7/ from P&i$!&o,$l/A /li‘dE57-&gHT GORp~R/Xt/”/DN to the City of Carlsbad, California , a political cor2oration and/or governmental agency, is hereby accepted by the undersigned officer or agent OR behalf of the city Council of the 1 t On >I& 22zJri I STATE OF CALIFORNIA 1 ss. COUNTY OF-’ RS HMG”a ‘I p” .z . / before me, the undersigned, a Notary public in and *Or said 3-05E2= i%7d&- State, personally appeared ”- -3 w known to me to be the Secretari of the corporation that executed the within Instrumen’ w known to me to be a x known to me tO be the persons who executed the within ”- ~ Instrument on behalf of the corporation therein named,.a?d .““’?~~~L”dA5“”--” (>;:;;I<:;.b,:> SEAL IL acknowledged to me that such corporation executed the within $1 ,,&:: ”.’ r; F - ,-. 7- * ’ ,>~, 0 j 5 ;5 instrument pursuant to its by-laws or a resolution of 1t~ board 3 Fckd- ,,! b%cT+,?\: ‘>>3:, i - CG.LEGRN~~- ’ of directors. {\ ,ut: */;,2$p :j i.os Ap\;G”ES C‘O’L’NS’: VX~&~+ ~,issi;::ix~:iesAp:.:-S,l~; 1’31 , -, :.I-< r., .,_L.- WITNESS my hand and Official seal. g \&&+&/ - ‘;.;co-’:. ckv & ‘\&*.A !31‘j3 ‘cng 92er* $i,]d., ~!/V~>~lCG6. <a1’:{. 5x6: Signature : 1. i. Name (Typed or Printed) (This alea for official notarial Ses , 2: ., I,.. i \..- <,a w 0 SCHEDULE B PART ONE e /I i, 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. 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 the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. CONDITIONS AND STIPULAT 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) “land”: the land described, spec-ific- ally or by reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) , “public records”: those records whlch Impart constructive notice of matters relating to said land; (c) ”knowledge”: actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) ”date”: the effective date; (e) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument; and (f) “insured”: the party or parties named as Insured, and if the owner of the in- debtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A. the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustee’s sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not. subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee’s sale, or other legal manner in satisfaction of said indebtedness, or any part thereof. or if a federal agency or instrumentality acquires said estate or interest. or any part thereof, as a consequence, of an insurance contract or guaranty insurmg or guarantee- covered by this policy, or any part thereof, ing the indebtedness secured by a mortgage this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF This policy does not insure against loss or damage by reasons of the following: regulation (including but not limited to (a) Any law, ordinance or governmental 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 said land, or prohibiting a separation in ownership or a reduction in the dimensions or area. of any lot or parcel of land. or eminent domain unless notice of the (b) Governmental rights.of police power exercise of such rights appears in the public records at the date hereof. lines of the land expressly described in (c) Title to any property beyond the Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on whiyh such land abuts. nr the right to tnaintnm therein vaults. tunnels. ramps ot any other structure or improvement; or any rights or easements therein unless this policy specific- ally provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways. unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adversc THIS POLICY claims against the title as insured or other matters (1) 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 disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) ant; or (4) attaching or created subsequent resulting in no loss to the Insured Claim- to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a ’purchaser or encumbrancer for value with- (Conditions ond Stipulotions Continued ond Concluded on Lost .e > 9. IONS out knowledge. 4. DEFENSE AND PROSECUTION OF ACT -NOTICE OF CLAIM TO BE GIVE1 THE INSURED (a) The Company, at its own cost without undue delay shall provide (1: the defense of the Insured in all litig consisting of actions or proceedings menced against the Insured. or defe restraining orders, or injunctions inter1 gage and indebtedness covered by this F against a forec1o:jure or sale of the I land; or (2) fo:t such action as ma or a sale of the estate or interest in appropriate to establish the title of estate or interest or the lien of the I gage as insured, which litigation or a in any of such events is founded up(: sured against by this policy, and may alleged defect, lien or encumbrance sue any litigation to final determinatic the court of last resort. (b) In case any such action or pro ing shall be begun, or defense interp or in case knowledge shall come to th sured of any claim of title or interest v terest or lien of the mortgage as ins is adverse to the title of the estate c which the Company shall or may be or which might cause loss or damag by virtue of this policy, or if the In shall in good faith contract to sell th by this policy, or, if an Insured in debtedness secured by a mortgage co faith leases or contracts to sell, lea: mortgage the same, or if the succe bidder at a foreclosure sale under a r gage covered by this policy refuses to chase and in any such event the tit1 said estate or interest is rejected as marketable, the Insured shall notify Company thereof in writing. If such n shall not be given to the Company w ten days of the receipt of process or p ings or if the Insured shall not, in wri rect. lien or encumbrance insured ag; romptly notify the Compmy of any which shall come to the knowledge of Insured. or if the Insured shall not writing. promptly notify the Compan any such rejection by reason of claimed marketability of title. then all liabilit Poge of This Policy) e > w w CALHFPORNIA LAND TITLE ASSOCIAPION STANDARD COVERAGE POLICY dl 1953 SCHEBULE A POL% CY NO, 8 925001 PLANT ACCOUNTP ARB (YO8 12 AMOUNT 8 $31~800.00 PREMIUM 8 Sl82a25 EFFECTIVE DATE* APRIL 229 1971 AT 9800 A0 Ma NAME OF INSUREO THE CITY OF CAWLSBAD 9r TITLE TO THE ES?ATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED %NS THE CITY OF CARLSBAD 2@ THE ESTATE OR INTEREST IiV THE LAND DESSRIBED OR REFERRED TO 1 SCHEDULE C COVERED BY THIS POLICY' 15 A FEE AS TO PARCEL 9s AN EASEMENT 145 TO PARCELS 2Ag 28 AND 20 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASOEJ OF THE FOLLOW f NGa PART CI\IE ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED i TO 5 INCLlPSPVE Oh ' INSICE COVER SHEET OF THIS POblCY UNDER THE HEADING SCHEDULE f? PA OtiEo PART TWO 92 50Q 1 PAGE 9 - w < /. ) .,, .' ', .'. . _,,, ,/ - ' / i. .-. , w w %c GENERAL AND SPECIAL COUNTY ANC CITY TAXES $Of? THE FISCAL YEAfa8 1991-92 A LIEN c N8T YE? PAYABLE 2, C0VENANPS9 CONDITIONS AND WESTRICTIONS -BUT DELETING RES'TRiC? IF ANY BASED UPON RACE9 CBiOBP REe%Ga'OR 6R NATIONAL ORIGIN- IN THE DECLARATIBN OF RESPR:cTFONS* !?Ect3%DEB8 FES8gA!'?y 69 1950 IN BOOK 34959 PA6% 165 OF OFFICIAL RECORD$ UNDER $HE TERMS SET FORTH THEREIN9 SAID DBCQMEN?' CQhTAENSa AMQNG OTHER THli\lGSs A PROVISION S3%2RCINATHNG 7;HE EFFECT 0% A YIQbAT'HObj OF SAID COVEEPIANTSP CONDITIONS AND RESTRlCTXQNS TO $WE LIEN OF A fUI@rR?GAGE OR DEED OF TRUST* 3e AN EASEMENT FOR POLES9 WIRES AND ANCHORAGE FOR THE TRANSMISS%( AND Di$TRTBUTi6N OF ELECTRICITY AND INCBDENBAL PURPBSESs AS GRANT; TO SAN DIEGO GAS G ELECTRIC COMPAQY BY DEED RECORDED 8 MAY 229 1952 IN BOOK 44759 PAGE 282 OF OFFICIAL RECORDS AFFECTS t BEING 4 FOOT STRIPS QF LANOP 2 FEET ON EACH SIDE: OF THE FOLLOWING DESCRIBED CENTER t I NE 8 BEGINNING AT A POINT CN THE SOUTHERLY LINE OF CARLSBAD !-!IGtiLANDS OF SAN DPEGO CQLINTYs DISTANT T4EREON SOUTH 63"fP009" WEST fOeQ FEET FROM THE SOUTHWEST CORNER BF LOT 49 OF SAID CARLSBAD HEGHLANI NO, 28 THERCE FROM SA20 POINT OF BEGINNING SOUTH 3003*30'' WEST 25 FEETa ALSO BEG%N1\:ING AT A POINT WHICH BEARS 48"12'02" WEST bOeQ FEET NO@ ze AS PER MAP NO* 2am FILED IN THE OFFICE OF COGNTY WECCIRDEI: FROM THE $OU?'HWEST CORNER OF LOT 56 OF SAID CARkSBAD HIGHLAf'aDS Nor 28 THENCE F89M SAID POZNT OF BEGINNING S0tdT't.i. 3Q03'4Q" WEST 25 FEET, ALSO BEGINNING AT A PBHNT WHICH BEARS r4aBRYH 64@f7Q2%" EAST %Oh380 FEET PROF4 THE SCUPHEilST CORNER OF LOT 66 OF SAID CARLSBAD HIGHLAAiSaS NQe, 28 TC-IERCE FROM SAiB POINT OF BEQBNNING SOUTH 3"83Q38'f WEST 25 FEET& 925861 PACE 2 w W 4r AN ACTION IN THE SUPERICR COURT9 SAN DfEGO COUNTY AS D%$%LCTSEC 5M A LIS PENDENS RECORDED a OCTOBER 2s I959 IN BOOK 76169 PAGE 353 OF OFFECIAL RECORDS ERlT I PLED 8 CITY 07 CdRLSEAija CALIFORNIA9 A MUNICIPAL CCRPORATION VSa JAMES Me TAKAHASHIP CASE N8b 8 IBA BROSsg A CO-PARPNERSH!P NATURE OF ACTION^ 239956 EMINENT DOMAIN NOTE8 SAID ACTION AFFECTS8 AN EASEMENT AND RIGHT OF hrAY 7'0 LOCATE9 RELOCATE9 CQNSTRUCTc - RECONSTRUCT, MAINVAINp OPERATE AND REPAIR A SANITARY SEWER AND APPURTENANCES THERETO THRCQGH OVERg UNDER$ AND ALONG AND CITY OF CARLSBADt IN THE COWPY OF SAN DIEGQ, STATE OF CALIFORRIA OFFICE OF COUNTY RECORDER OF SAN DIEGO COi'NVY¶ NOVEMBER $09 18969 SAID EASEMENT BEING iOeOO FEET IN WIDTH, DESCRIBED AS FOLLOWS 8 BEGINNING AT THE SOUTHWEST CORNER OF LOT 569 IN CARLSBAD H,9GHI,Ar"lD. NO. 29 MAP Nor 2825, BEING THE TRUE POINT OF BEGINNING8 THENCE SOUTH 48"1*02" WEST l4r18 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SUBDIVISION? THENCE SOUTH 86°56'20" EAST f80.0fa FEET TO A POINT ON THE WESTERLY LINE OF LOT 48 OF SAID SUt3DIV:ISIOi BEING NORTH 03"03fl40l' EAST 8.00 FEET FROM THE SOUTHWEST CORNER OF LOT 48 OF SAID SUBDIVISION? THENCE NORTH 03Q03'40f' EAST lOeO0 FEET8 THENCE NORTH 86Q56a20f' WEST 170100 FEET ALONG THE SOUTHERLY LINE OF SAID SUBDZVXSION TO THE TRUE POINT OF BEGIhPdIKG ACROSS A PORTION OF LOT v~ OF FIAPCHO AG~A HEDmrmAp IN THE ACCORDING TO THE PARTITION MAP THEREQF NOo 8339 FILED IN THE 5r A RECORD OF SURVEY MAP PURPORTING TO SHOW VARICUS BOUNDARIES DIMENSIONS OF SAID tANDc MAP NOea 4484 925001 PAGE 3 w w SCHEDULE c THE LAND REFERRED TC! lN THIS POLICY IS SITUATED IN SHE STATE OF CALIFQRNHA~ COUNTY OF SAN DIE GO^ AND IS cxscwaED AS FOLLWS~ PA,RCEL 18 ALL 8F THAT PORTION O& LOT rff.*' OF RANCHO AGUA HED%ONDAo frd THE CITY CF CARLSEADg COUNTY OF SAi'll DIEGO9 STATE OF CALIFORNIA9 ACCBRDPNG Tc3 MAP THEREOF NOS 8239 FILED IN f2E OFFICE OF THE COGNTY RECORDER OF SAI'I €?%EGO CQGNTYo NOVEMBER 169 18969 DESCRIBED AS FOLLOWS 8 BEGINNING A? THE SOUTHEAST c"OHl\jER OF LOP 489 CARLSBAD HIGHLANCIS N6a 2a AS SHOWN ON MAP THEREQF 858 28259 FILED l?d THE OFFICE OF THE COUNTY RECORDER OF SAN DIECOP DECEMBER 5, 19591 THENCE SOUTHERLY FROM SAID ?01N? OF BECINNbNG ALONG THE SOUTHE:WLY PROLONCA?BON OF THE EAST LINE OF SAID LOP 489 A DI%VANCE OF 21ar00 FEET8 THENCE WESTERLY PARALLEL. WITH SHE SOUTH LINE OF SAID LOT 48 AND THE WESTERLY PX6LONGATION THEREOF9 A DISTANCE OF 180~00 FEET8 THENCE NORTHERLY ALONG A LINE THAT :S 1QaBQ FEET WESTERLY OF SHE $9UTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 489 A DISTANCE OF 213eOQ FEE? TO THE WESTERLY PROLONGATION OF ?HE SOUTH LINE OF SAID &Of 48% THENCE EASTERLY ALONG ?HE SOUTH LINE 9F SAID LO9 48 AND THE WESTERLY PROLONGATION IHERESFo A DISTANCE 06 %8QeO0 FEET TO THE POIluT OF BECINNINGa PARCEL 2As AN EASEMEN? FOR %#E PLIRPCSE OF ERECTING9 CCNSTRUGTXNGs RECONSPRUC REPLACINGQ REPAIRINGP MAINTA,%NINCo AND 8PERA"TIEdC WATER SYSTEMe SEWERAGE, DRAINAGEs POWER LINE3 EXCAVAT%ON, AND/OR EMBANKMEN? FACILITIES AND APPQWTENANCES ?YERETO QVER ALL OF THAT PORTION OF LOT ('It' OF RANCHO 86118 HEDISNDAs HN THE CITY OF CARLSBADb COUNTY OF SAN DIEGOB STAPE OF CdtIFGRNEAg ACC0RDSMG TO MAP THEREOF NOS 8239 FILED IN THE OFFICE OF Tf.iE COUNTY faEC6RDER OF SAN DIE66 COUNTY9 NOVEI48EW 269 reja59 THAT THIS fS WITHIN THE FOLLOWING DESCRIBED BOUr"JDAWY8 BEGINNXNG AT THE SOUfHihiEST CORNER OF LOT 48 OF CARLSBAD HIGHLAND 925081 PAGE 4 w w NOa 2 AS SHOWN ON MAP THEREOF NO* 2825 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, DECEMl3ER 59 19518 THENCE FROM SAID POINT OF GEGINNIbJG PliORTH O*03940t1 EAST ALONG THE WEST LINE OF SAID LOT 48 A DISTANCE OF 8r00 FEETr THENCE NORTH 86056'20" WEST A DISTANCE OF 180.05 FEET TO THE SOUTHEASTER,LY LINE OF CLEARVIEW DRIVE AS SHOWN ON SAID MPA OF CARLSBAD HIGHLANDS NO. 28 THENCE SOUTH 48*12'02f' WEST ALCNG SAID SOUTHEASTERLY LINE A DISTANCE OF PfcOl FEET$ THENCE SOUTH 86656g2@t1 EAST A DISTANCE OF P82eP1 FEET8 THENCE NORTH O"03940" EAST A DISTANCE OF 4000 FEET8 THENCE SOUTH 86"56°28't EAST A DISTAI\ICE OF lOo00 FEET TO THE POINT OF BEGINNING OF THE BOUNDARY DESCRIBED* PARCEL 2-6 8 ALL OF THAT PORTION OF LOT "PIf OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARtSBADl iN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA9 ACCORDING TO MAP ?HEREOF NOa 8239 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 169 18969 DESCRIBED AS FOLLOWS8 BEGINNING AT THE SOUTHEAST CORNER OF LOT 48 OF CARLSBAD HIGHLANDS NBo 29 AS SHOWN ON MAP THEREOF NOo 28259 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 59 19518 THENCE FROM SAID POINT OF BEGINNING SOUTHERLY ALONG THE SOI1TtiE:RL.Y PROLONGATION OF THE EAST LINE OF SAID LOT 489 A DISTANCE OF 213a00 FEET? THENCE EASTERLY PARALLEL WITH THE EASTERLY EXTENSION OF THE SOUTHERLY LINE CF SAID LOT 489 A DfSTA.NCE OF 30600 FEET8 THENCE NORTHERLY ALONG THE SOUTHERLY PROLONGATION OF THE CENTER LINE OF SKYLINE ROAD AS SHOWN ON SAID MA? OF CARLSBAD HIGHLANDS NOa 29 A DISTANCE OF 230.23 FEET TO THE SOUTHERLY LINE OF SAID CARbSBAB HIGHLANDS NO@ Ze THENCE SOUTHWESTERLY ALONG ?HE SOUTHERLY LINE OF SAID CARLSBAO HTCHLANDS NOa 29 A DISTANCE OF 34.60 FEET9 TO THE POINT OF BEGINNING OF ?HE PORTION DESCRIEEDr 925001 PAGE 5 w w 7 y; L. Si -.... / ” v w PARCEL 2-D 8 ALL OF THAT PORT ION OF SAID LOT rlItt QF RANCHO AGUA HEDIIONDA, %l\b THE CITY OF CARbSBADc COUNTY OF SAN DIEGO9 STATE OF CALIFORNIA9 ACCORDHNG TO MAP THEREOF NO* 8239 FILED Ilu THE OFFICE OF THE COUNTY RECORDER OF SAN DPEGO COUNTY9 NOVEMBER 169 18969 THAT IS WPTHRN A STRIP OF LAND 20~00 FEE? IN bJfDTH9 BEING 10 FEET IN WIDTH ON EACH SIDE OF THE FCLLOWING DESCRIBED CEAITER LINE8 BEGINMfPIG AT THE POINT OF INTERSECTION OF TW€ SOUTHERLY PROLONGAT1 OF ?HE CENTERLINE OF CLEARVHEW DRIVE9 AS SHOWN ON MAP OF CARLSBAD HIGHLANDS NOs 2i AS SHOWN ON MAP ?HEREOF NOQ 2825 FILED I& THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY* DECEMBER 59 319519 WITH THAT CERTAIN COURSE SHOWN ON RECORD OF SURVEY COUNTY9 AS BEARING NORTH 70*0883Cft EAST AND HAVING A LENGTH OF 355.50 FEET9 SAID POINT OF BEGINNING BEING A DISTANCE OF 230.61 FEET SOUTHWESTERLY ALONG SAID COURSE FROM ITS EASTERLY TERMIAIUSt THENCE FROM SAID POINT OF BEGINNING NORTHERLY ALONG SAID SBUTHERL' PROLONGATION OF THE CENTERLINE OF SAID CLEARVIEW DRIVE9 BEING ALSO THE SOUTHERLY PROLONGATION OF THE NEXT TO LAST COURSE OF THE CENTERLINE OF THAT 20 FOOT WIDE EASEMENT GRANTED TO CARLSBAD MUTUAL WATER COMPANY RECORDED JANUARY 29 1945 IN 500K 17949 PAGE 205 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, TO THE POINT OF INTERSECTION WITH THE BEGINNING OF THE LAST COURSE OF THE CENPERLINE OF SAID CARLSBAD MUTUAL WATER COMPANY EASEMENT, -SAID LAST COURSE BEING DESCRIBED AS SOUTH 40°25026" EAST, 297.42 F.EET.7 Ne99 4484, FILED PN THE OFFICE OF THE COUNTY 2ECORDER OF SAID THE 28 FOOT WIDE EASEMENT DESCRIBED HEREIN IS TO BE EXTENDED AND SHORTENED SO AS TO BEGIN IN THE A50VE DESCRIBED COURSE OF RECORD OF SURVEY NO. 4484 AND TO TERMINATE IN SAID 20 FOOT WIDE EASEMENT GRANTED TO CARLSBAD MUTUAL WATER COMPANYs 925801 PAGE 6 I‘ w CLTA 107.8 (4-10-69) (5-69) ALTA OR STANDARD COVERAGE w INDORSEMENT ATTACHED TO POLICY NO. ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: “Consumer credit protection, truth in lending or similar law.” The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is ob1:igated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Title Insurance and Trust Company u %/a - BY SECRE,TARY >- ,, 4 6 c.< > ’ CONDITIONS AND STIPUL the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however. that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced of such prejudice. by such failure and then only to the extent (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the gage as insured; and the Company may estate or interest or the lien of the mort- take any appropriate action under the terms of this policy whether or not it. shall be concede I;ab;l;ty or waive any provkion of JiabJe rhereunder and shall nor [hereby this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de- fense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Com- pany the Insured shall give the Comp.any all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting or. defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. 5. NOTICE OF LOSS - LIMITATION OF ACTION In addition to the notices required under paragraph 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 Company within sixty days after such loss or damage shall have been determined. and no right of 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 expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such acrion within the time hereinbefore specified, shall be a con- clusive bar against maintenance by the In- sured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS pay or settle or compromise for or in the The Company shall have the option to name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of [!le full amount of this policy, together with all costs, attorneys’ fees and expenses which the Company is obligated hereunder to pay, shall terminae all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- ,_I .ATIONS (Continued and Concluded From 1 pany by the Insured, the Company offers to purchase said indebtedness. the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed. in all; the actual loss of the Insured and costs and attorneys’ fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, gation carried on by the Company for the .dl costs imposed upon the Insured in liti- litigation carried on by the Insured with Insuted, and all costs and attorneys’ fees In the written authorization of the Company. be maintainable under this policy ( 1 ) if (c) No claim for damages shall arise or the Company, after having received notice not excepted or excluded herein removes of an alleged defect, lien or encumbrance such defect, lien or encumbrance within a or (2) for liability voluntarily assumed by reasonable time after receipt of such notice. the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as encumbrance not excepted or excluded in unmarketable because of a defect, lien or this policy, until there has been a final determination by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys’ fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided. however, if the owner of shown in Schedule B is an Insured herein an indebtedness secured by a mortgage then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage. except as pro- vided in paragraph 2 hereof. fixed in accordance with the conditions of (e) When liability has been definitely this policy the loss or damage shall be pay- able within thirty days thereafter. 8. LIABILIlY NONCUMULATIVE amount of this policy is reduced by any It is expressly understood that the amount the .Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate ‘or interest described or referred to in Schedule A, and 6 -, .* leverse Side of Policy Face) the amount so paid shall be deemed a pa provisions of this paragraph numbered ment to the Insured under this policy. TI shall not apply to an Insured owner of : indebtedness secured by a mortgage shou in Schedule B unless such Insured acquir title to said estate or interest in satisfactic of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT C SETTLEMENT Whenever the Company shall have sercl a claim under this policy, all right of su rogation shall vest in the Company u affected by any act of the Insured, and shall be subrogated to and be entitled all rights and remedies which the Insur erty in respect to such claim had this pol not been issued. If the payment does r cover the loss of the Insured, the Compa shall be subrogated to such rights a remedies in the proportion which said p: ment bears to the amount of said loss. loss should result from any act of the I sured. such act shall not void this poli but the Company. in that event. shall required to pay only that part of any 10s: insured against hereunder which shall ( ceed the amount. if any. lost to the Co pany by reason of the impairment of I right of subrogation. The Insured, if quested by the Company, shall transfer the Company all rights and remed against any person or property nec.essary order to perfect such right of subrogatic and shall permit the Company to use I name of the Insured in any transaction litigation involving such rights or remedi If the Insured is the owner of the debtedness secured by a mortgage cover by this policy, such Insured may release substitute the personal liability of z debtor or guarantor, or extend or otherw modify the terms of payment. or rele a portion of the estate or interest from lien of the mortgage, or release any ( lateral security for the indebtedness. p vided such act does not result in any I of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any acrion or actions or rights of act that the Insured may have or may br status of the lien of the mortgage cove against the Company arising out (IC interest insured herein must be based by this policy or the title of the estate the provisions of this policy. can be waived or changed except by writ No provision or condition of this PO endorsed hereon or attached hereto sig by the President, a Vice President, Secretary, an Assistant Secretary or 01 validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the C, pany and any statement in writing requ, to be furnished the Company shall be dressed to it at the office which issued policy or to its Home Office. 433 Sc Spring Street, Los Angeles 54. Califor 12. THE PREMIUM SPECIFIED IN SCHED A IS THE ENTIRE CHARGE FOR TITLE SEAR TITLE EXAMINATION AND TITLE INSURAN would have had againsr any perm vt ~CQ .e t \ 4 i .~ - ..