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Lots 15 and 16 -02 the Opf,ica. Tract, in the City of Caslsbad, County of San Diego, State of California, accor2ing to icap thereof No. 18057 filed ir, the 9ffice or" the County Recorder of 3m Diegs County Septenber 4, 1724,
Excepting therefrom that portion thereof lying Southwesterly. of the following described Ihes:
Comencing at a point on the. center line of Chestnut Avenue aCcOrding to mep thereof Mo. 1605, distant thereon Rliorth 89'09'45'' blest y1.01 feet from a 2 inch capped iron pipe Set for'the Intersection of said center line snd the center
line Of Eureka Place, as shown on said map; thence X'orth itfio4jt28" West 3b47 feet to the Wortherly line of said
Vest b70.00 feet,
Chestnut Avenue; thence Piorth 63049*,30** West b2e05 feet; thence North 37°00f45'r \+est 78.52 feet; thence aorth 23008~ 5p
Also excepting that portion lying Sduth of a line which is parallel with and South 180.20 feet from the Worth line of said Lot 15.
Also excepting that. portion Tying ... within the East 153.60 feet of said Lots 15 and 16.
Also excepting that portron lying. Within -the-%e.St. 126; 50
feet of the East 176.75 feet ?f the North 80.20 feet Of said Lot 15. .-. . . . . . ..- ..
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CW!!IE'ICh.TX 0;" ACCEPTANCE
This j.s to certify that the interest -in real prope.rty
con-vejred by Aleatha W. Vaughn dated I\Tovember 19, 1964, frm JJea-;'na 7,~. vaughn
oration and /or govwnz-ntal aeer,c:~-, is hs~eb:: aocwted
by order of the City Council of tho CI-tjr oi Carlsbad on
the l5tMay of December 1964 , and -:he grantoe cclnsents
to recordation thereof by its duly authorized officer.
DATED: December 17, 1964
- 128
1 to the City of Ca-?.sbzri, a golitical carp-
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CITY OF CARLSBAD
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CONDITIONS AND STIPULATIONS ”.”-
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
ally or by reference, in .Schedule C and (a) “land’: the land described, specific-
improvements affixed thereto which by’ law constitute real property;
(b) . “public records”: those records
whtch 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;
trust deed, or other security instrument; and (e) “mortgage“: mortgage, deed of trust,
as Insured, and if the owner of the in- (f) *‘insured’: the party or parties named
debtedness secured by a mortgage shown in Schedule B is named as .an Insured in Schedule A, the Insured shall include (1)
such indebtedness, (2) any such owner who each successor in interest in ownership of
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-
said indebtedness, or any part thereof, tract or guaranty insuring or guaranteeing
whether named as an insured herein or not, subject orherwise to the provisions hereof.
2. BENEFITS AFTER ACQUISITION OF TITLE
secured by a mortgage described in Sched- If an insured owner of the indebtedness
ule B acquires said estate or interest, or
sale, or other legal manner in satisfaction any part thereof, by foreclosure, trustee’s
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
ing the indebtedness secured by a mortgage contract or paranty insuring or guarantee-
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 conditions and stipula- tions hereof.
#
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3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY
or damage by reasons of the following: This policy does not insure against loss
(a) Any law, ordinance or governmental
building and zoning ordinances) restricting regulation (including but not limited to
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
ownership or a reduction in the dimensions on said land. or prohibiting a separation in
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 which
(Conditions and Stipl
such land abuts. or the right to maintain
structure or improvement; or any rights or therein vaults, tunnels, ramps or any other
ally provides that such property. rights or easements therein unless this policy specific-
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.
clams against the title as insured or other (d) Defects, liens, encumbrances. adverse
matters (1) created, suffered, assumed or
damage; or (2) known to the Insured agreed to by the Insured claiming loss or
Claimant either at the date of this policy or at the date such Insured Claimant ac-
policy and not shown by the public records, quired an estate or interest insured by this
Insured shall have been made to the Com- unless disclosure thereof in writing by the
resulting in no loss to the Insured Claim- pany prior to the date of this policy; or (3)
to the date hereof. ant; or (4) attaching or created subsequent
(e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge.
4. DEFENSE AND PROSECUTION OF ACTIONS
-NOTICE OF CLAIM TO. BE GIVEN BY THE INSURED
without undue delay shall provide (1) for (a) The Company, at its own cost and
the defense of the Insured in all litigation
menced against the Insured, or defenses, consisting of actions or proceedings com-
against a foreclosure or sale of the mort- restraining orders, ar injunctions interposed
gage 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 any of such events is founded upon an alleged defect, lien or encumbrance in- sured against by this policy, and may pur- sue any litigation to final determination in the court of last resort.
ing shall be begun, or defense interposed, (b) In case any such action or proceed-
or in case knowledge shall come to the In- sured of any claim of title or interest which is adverse to the title of the estate or in- terest or lien of the mortgage as insuied,
which the Company shall or may be liable or which might cause loss or damage for
by virtue of this policy, or if the Insured shall in good faith contract to sell the in- debtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mort- gage covered by this policy refuses to pur- chase and in any such event the title to said estate or interest is rejected as un-
Company thereof in writing. If such notice marketable, the Insured shall notify the
shall not be given to the Company within ten days of the receipt of process or plead-
ings or if the Insured shall not, in writing, promptly notify the Compsny of any de-
olations Continued and Concluded on Last F
fect. lien or encumbrance insured which shall come to the knowledg Insured, or if the Insured shall writing. proxlptly notify the Con any such rejection by reason of clal
the Company in regard to the subjec marketability of title. then all lial
of such action. proceeding or mat: cease and terminate; provided. I that failure to notify shall in prejudice the claim of any Insurer the Conlpany shall be actually pr by such failure and then only to th of such prejudice.
(c) The Company shall have t at its own cost to institute and F any action or proceeding or do a] act which in its opinion may be 11 or desirable to establish the title
gage as insured; and the Compa estate or inter,est or the lien of th
take any appropriate action under tk of this policy whether or not it : lia.ble thereunder and shall not concede liabiliry or waive any prov this policy.
(d) In all cases where this pol mits or requires the Company to p or provide for the defense of an] or proceeding. the Insured shall sc it the right to so prosecute or prov fense in such action or proceeding, appeals therein, and permit it to us( option, the na.me of rhe Insured f( purpose. Whenever requested by th, pany the Insured shall give the C< all reasonable aid in any such ac proceeding, in effecting settlement, s evidence, obtaining witnesses, or F ting or’ defending such action or F ing, and the Company shall reimbu Insured for any expense so incurrec
5. NOTICE OF LOSS - LlMlTATlC ACTION
In addition t,o the notices required paragraph 4(b), a statement in wrii
the Company is liable under this any loss or damage for which it is c
shall be furnished to the Company sixty days after such loss or damagl have been determined. and no ri) action shall ac,crue to the Insured this policy until thirty days afte- statement shall have been furnishec no recovery shall be had by the I under this policy unltss action sh; commenced thereon within five year! expiration of said thirty day period. 1
to furnish such statement of loss or d;
OK to commence such action withi time hereinbefore specified, shall be
clusive bar against maintenance by t sured of any action under this polic!
6. OPTION TO PAY, SETTLE OR CO1
The Company shall have the opti
name of the Insured any claim ir: pay or setrle or compromise for or i
against or to pay the full amount o
policy by the owner of the indebtf policy, or, in case loss is claimed unde
secured by a mortgage covered by policy, the Company shall have the ( to purchase said indebtedness; such chase, payment or tender of payme
MISE CLAIMS
’age of This Policy)
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TO 1012-1 AB C California Land Title Association Standard Coverage Policy-1963 SCHEDULE A
Premium !$ 5 ’j’ ,
Amount $ 5,356.46 Date Decenber 23, 1964 a.t 9:09 PI..?!, p01icY No. 810
Effective
INSURED
City of CarLsbac!,
a XunicipaI. Corporztion.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
City of Ca.rlsbad,
a. 2uncipal Corporation.
2. The estate or interest in the land described or referred to in Schedule C covered by this polic
a fee.
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
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.
~:iltir'UWlit:I'Ol?jJ~L!I -. m w
TO 1012-18 Cont. c California Land Title Association Standord Coverage Policy-1963 S C H E D U L E B - (Continued)
PART I1
1. General and special taxes of San Diego County and t2e City of
Carlsbad, for the fiscal year 1S;G4-GS9 the first install~ent of which is now delinquent; the second. installment of which is ROW Tayable
and will be due February 1, 1965.
3
. r eatat- owner- 8 1 ri3 10 w v m
American Title Association Loon Policy TO 101 2C OC-1056C OC C
Additional Coverage-October, 1960 or California Land Title Association Standard Coverage Policy-1 961
SCHEDULE C
The land referred to in this policy is described as follows:
Lcts 15 an6 16 of O?TIF.II) TRACT, ir: tile City CE CarlsGa2, Co~mty
!do. 1805, Ei1.26 i.n the office nf t5e County kcorder of Sa.n niego Corrnty, Septeenber 4 t 1.924.
EXCTfZTING therefrom that I>Gstioj? thereaf lying Southwesterly
of the following described lines:
Commencing at a poifit OR the cmter line of Ci-lcstn~t Avenue j a.ccordine to ~ag thereof NG. 1~05, Sis-tant thereon ~orth 89'
09' 45" Xes: 57.c1 feet frog a 2 inch capped iron pipe set for the intersection 05 said ceEter 1ic.e and the center 1i,ne of Eureka
place, 2,s .shown on said ?lap; %hence North 16' 43' 28" Y'iest 31,47 feet to the ?dort?j.erly TiIle of said Chestnut Avenue ; thence Narth 63" 49' 3077 Yest 42,05 feet; thence i.!orth 37" 00' ft5" ?jest 78,82 feet; ttlence :dcri;E; 23" 38' 59" !'?est 570,i)O feet*
T7,XCE?riI)!C that portion of said Lot 16 wkich lies South o.E 8, line ~c!f;ici?l is pzral1e.I. with anti 180, 22 Eeet Southerly frolr. the Yort!:
line 9.E sa.id Lot 15,
ALSQ EXCEPTIITG ellat portLon which lies within the t:a.st 153.60 feet
of said. lots,
A.L.S? EXCE!-?Ti;I>Jf: therefro~q t?,r-t pcrtj.o:i lying withir, the :'Yest 23,15
64 ,Ca.n L7ieg0, .CM6 of Califmnla, seeeTiiing to I.ia2 thereof
.,.. Fee? Gf tile Ea.st 176.75 fce'c of the :,jc>l-tl: 89.20 feet of said Lot I
4
FORM 009 (OwLiD) 1-01 . " . ., ,. ., - .
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.. P L AT showing location of the land described in the attached policy.
I OP77MO *AC7 I
&P No. /"
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This plat is not a survey of the land and is furnished for information only. No UNION Title 11 liability is assumed by this company as to the accuracy thereof. and Tru I jemtmrr D. Fwd. Prrridml
SECOND AVENUE x BR(
SAH DIECX) !?, CALIFOP
Ttlcphone Franklin PXSl
v w ,> . TO 23.8'VC , %
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o This is not a survey of the land but is compiled for information by the
Title Insurance and Trust Company from data shown by the official records.
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CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
the full amount of this policy, together a.ith all costs, attorneys' fees and expenses a.hich the Company is obligated hereunder
to pay, shall terminate all liability of the Company hereunder. In the event, after
pany by the Insured, the 'Company offers notice of claim has been given to the Com-
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 all costs imposed upon the Insured in liti-
Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company.
(c) No claim for damage:$ shall arise or
the Company, after having received notice be maintainable under this policy (1) if
not excepted or excluded herein removes of an alleged defect, lien or encumbrance
such defect, lien or encumbrance within a reasonable time after receipt of such notice. or '(2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or
chis policy, until there has been a final encumbrance not excepted or excluded in
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
shall be made without producing this policy of the insurance pro ,tanto and no payment
the policy be lost or destroyed, in which for endorsement of such payment unless
case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however, if the owner of
an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such pavments shall not reduce pro
hereunder as ro such Insured. except to the
tanto the amount of the insurance afforded
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-
shall terminate all liability of the Company swed of a mortgage covered by this policy
to the insured owner of the indebtedness secured by such mortgage, except as pro-
vided in paragraph 2 hereof.
(e) When liability has been definitely
this policy the loss or damage shall be pay- fixed in accordance with the conditions of
able within thirty days thereafter.
8. LIABILITY NONCUMULATIVE
amount of this policy is reduced by any It is expressly understood that the
amount the Company may pay under any
any mortgage shown or referred to in policy insuring the validity or priority of
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 the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT OR
a claim under this poky, ail right of sub- Whenever the Company shall have settled
rogation shall vest in the Company un-
shall be subrogated to and be entitled to affected by any act of the Insured, and it
all rights and remedies which the Insured would have had against any person or prop- erty in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said pay- ment bears to the amount of said loss. If
SETTLEMENT
loss should result from any act of tl sured, such acr shall not void this p but the Company. in that event, sha required to pay only that part of any insured against hereunder which shal
pany by reason of the impairment o
ceed the amount. if any, lost to the
right of subrogation. The Insured, i quested by the Company, shall transi the Company all rights and ren against any person or property nec'essi
and shall permit the Company to US
orda to perfect such right of subrog
name of the Insured in any transactic litigation involving such rights or rem<
If the Insured is the owner of thi debtedness secured by a mortgage COT
substitute the personal liability of by this policy, such Insured may relea
debtor or guarantor, or extend or othel modify the terms of payment, or re a portion of the estate or interest fron lien of the mortgage, or release any
vided such act does not result in any lateral security for the indebtedness,
of priority of the lien of the mortgage
10. POLICY ENTIRE CONTRACT
Any action or actions or rights of a( that the Insured may have or may t
status of the lien of the mortgage cov againsr the Company arising out oc
interest insured herein must be based by this policy or the title of the estat
the provisions of this policy.
can be waived or changed except by wr~ No provision or condition of this PI
endorsed hereon or attached hereto sig by the President, a Vice President. Secretary, an Assistant Secretary or o validating officer of the Company.
11. NOTICES, WHERE SENT
All notices required to be given the C pany and any statement in writins 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 SCHEDI
A IS THE ENTIRE CHARGE FOR TITLE SEAR1
TITLE EXAMINATION AND TITLE INSURAN
8
Title Insurance and Trust Company
FOUNDED IN I893