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HomeMy WebLinkAbout; VETERANS AFFAIRS, CALIF., ET. AL.; 142438; Easementc +. 0”‘ 25 .’ rl, ?. dJA5- c VICE PRESIDENT - MANAGER THOMAS A. CLARKSON BROADWAY. SECOND TO THIRD am PIESO, CALF: L BErMoNT4-7192 ERNEST J. BlLl VICE PRESIDE April 4, 1957 City of Carlsbad 580 Elm Avenue Carlsbad, California RE: Our 11120LP Attn: T. Bruce Smith Gentlemen: In checking through our files we find that the policy of title insurance you ordered on the 15 foot widening of Grand Avenue was not mailed to you when we recorded the deed last October. We are therefore sending you this policy now together with our statement of charges. We regret any inconvenience the delay in mailing this policy to you may have caused. 4 Yours very truly, &D.fl&” Robert D. Poole Title Officer RDP/bae Enclosure pzL+;+. f $ gJ y .+A&,&$< 8‘ **- .Form No. 1627;-1-55 % CLTA StiTxard Coverage Fee and Ensemcnt Eormkopyright 1952 QliPornia Land Title Association e a P+daf- ISSUED BY &zii%L- 4- Y-&+T , a California corporation, herein called the Company, for nsideration paid for thls policy of title insurance, the number, date, and amount of whic are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, togethe with the persons and corporations included in the definition of “the insured” as set forth in th stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule . which the insured shall sustain by reason of: 1. Title to the land and easement described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land and easement of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in Schedule B; or 4. Priority, at the date hereof, over said easement, of any lien or encumbrance upon the land which is subject to said easement, unless such lien or encumbrance is shown in Schedule B ; or 5. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land and easement; or 6. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land and easement, except as shown in Schedule B, such mortgage or deed of trust being shown in the order of its priority in Part Two of Schedule B; all subject, however, to Schedules A and B and the Stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. In Witness Whereof, e%$&mmuz8&my has caused its corporate name and sea be hereunto affixed by its y authorized officers on the day and year set forth in Schedule A hert Attest -4ssistant Secretary ” 1 Serial No. 169 FdNo: 901lIl-2-55 ~ . Form No. 11125-2-55 I, a Cslifomja Land Title A~sociation Standard Cwcrngr Easement Policy Form - Copyripht-l'~B1 SCHEDULE A Amount $ 250 .oo Fee $ 15.50 policy No. 111206-p Policy Date October loth-, 1956, at 9:OO A.M. INSURED CITY OF CARLSBAD, a municipal.corporation. 1. The title to said easement is, at the date hereof, vested in: CITY OF CAWBAD, a municipal corporation. 2. Description of the easement, title to which is insured by this policy: (See Page Five) """""""""""" Page Two Form NO. 91$.3:55 Form No. 1025-3-55 a 0 Cali'fo;nin Land Title Assorintion Standard Coverage Easement Policy Form - Copyright 1951 - SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule. PART ONE: This part of Schedule B refers to matters which, if any such exist, may affect the title to said land 01 easement, but which are not shown in this policy: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing agency or by the publil records; and easements, liens or encumbrances which are not shown by the public records. 2. Rights or claims of persons in possession of said land or easement which are not shown by the public records; an1 termination or impairment of said-easement occasioned by facts not disclosed by the public iecords. 3. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by a] inspection of said land, or by making inquiry of persons in possession of said land or easement, or by a correct survey 4. Mining claims, reservations in patents, water rights, claims or title to water. 5. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating c prohibiting the occupancy, use or enjoyment of said land, or any improvement thereon, or said easement; or the effect c any violation of any such restrictions, regulations or prohibitions. PART TWO: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the title t said land or easement or to which said land is subject: 1. General and special County and City taxes for the fiscal : 1955-1956, in the amount of $556.97, affecting portions oi this and other property. District, in the total amount of $837.00, affecting porti( of this and other property. 2. Bonds Nos. 534, 535, 536 and 537 of Carlsbad Sanitation 3. An easement over the Southeasterly 10 feet of the North- westerly 20 feet of that certain portion of Tract 117 of Carlsbad Lands, as per map thereof filed in the office of the Recorder of said County of San Diego, conveyed by A. W. Williams and Sarah J. Williams to F. Nicholas and Marg C. Nicholas by deed recorded in Book 1173, page 302 of th Deed Records of said San Mego County, for poles, wires a incidental purposes, as granted to the San Die o Consolid Gas & Electric Company, by deed recorded July 2, 1926, in Book 1244, page 74 of Deeds. 4. An easement over the Southeasterly 10 feet of the North- westerly 20 feet sf that certain portion of Tract 117 of Carlsbad Lands, as per map thereof, filed in the office c the Recorder of the Said County of San Diego, conveyed bg; W. Williams and Sarah J. Williams, to W. A. Williams by d recorded in Book 1131, page 230 of the Deed Records of SE San Diego County, for poles, wires and incidental purpose as granted to the San Diego Consolidated Gas & Electric ( by deed recorded July 6, 1926, in Book 1223, page 186 of Page Three .. - _- r, 0 Schedule B - Continued 5. An easement over the Southeasterly 10 feet of the North- westerly 20 feet of that certain portion of Tract 117 of Carlsbad Lands, as per map thereof filed in the office of the Recorder of the said County of San Diego, conveyed by the South Coast Land Company to Rudolph H. Sonneman and Jane Sonneman by deed recorded in Book 861, page 452 of the Deed Records of said San Diego County, excepting there from that portion of said Tract 117 conveyed by Rudolph H, Sonneman and Jane Sonneman to H. C. Heyer by deed recordec in Book 977, page 282 of the Deed Records of said San Diel County, for poles, wires and incidental purposes, as grani to the San Diego Consolidated Gas & Electric Company, by i recorded July 6, 1926, in Book 1209, page 443 of Deeds, 6. The effect of Record of Survey Map No. 2855 filed in the ( of the Recorder of San Diego County, which purports to de: thereon certain courses and distances . """_"-"""""-~- Damn Rntrr .a. ' #, .v L. e 0 Iten 2, Schedule A - Continued An easexent and right of ::a.y fr/r zublic hi;ghw?iay ever and across .ti-;@ following described property situated in the City of Carlsb: County cs,f San DSego, State of California, described as: That portion of Tract 3-17 of Carlsbac' Lands, in the City of Carlsbad, County of San Diego, State of-California, according to Map thereof No, 11561, filed in the Office of the County Recorder of San Diego County, March I, 1915, described as f0lloVJ-S: Beginning ai: the point of intorseeti .n of the Southeasterly line of said Tract 11.7 with the :,p;esterly line of Tract 119 of said Carlshd Lands; thence along said Southeasterly line of said Tract j.l'7s So~ttr 55"2?' West 1043.77 feet; thence Edorth 34°33q !Nest $50 feet; thence South 55O27' West 103.75 feet to the rnost Westerly corner of a parcel of land described in deed to Rudolnh H. Sor.-!ernann and wife, recorded 3uly 3, 2.952, as Document No. 81167, in Book 4515, gage 333 of Official Records; thence alcng -the Southwesterly lin& of Said Scnnemnn's land, South 34*33' East 15 feet to tke true point of beginning of the herein described easement; thence continuing along saic? South- westerly line, South 34O33' East LO feet; thence North 55* 27' East 58 feet; thence North 34O33' West 25 feet; thence South 55O2'9? '({est 453.86 feet, nore or lessp to a noint in the Southwesterly line of said Tract 117; thence along said South- westex3y line, South 34"33' East 15,OO €eet; thence North 55O 27? East 335,86 feet, more or less to the true point of beginnir *. t k 2/9/55 111206-P """""""_""""""~"""" Page Five .. I L. ~ :CLTA Standard Coverage Fee and Easement Form ’, Form No. 1027-4.55 Cqpyright 1952 California Land Title Association \ h STIPULATIONS 1. SCOPE OF COVERAGE 3. NOTICE OF LOSS. LIMITATION OF ACTlON This policy does not insure against, and the Company will not be liable for loss or dnmage created by or arising out of any of the following: (a) defects, liens, claims, encumbrances, or other matters which result in no pecuniary loss to the insured; (b) defects, liens, encumbrances, or other matters created or ocrurring subsequent to the date hereof; (c) defects, liens, encumbrances, or other matters crested or sufiercd by the insured claiming such loss or damage; or (d) defects, liens, claims, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claim- ant acquired an estate or interest insslred by this policy, unless such defect, lien, claim, encumbrance, or other matter shall have been disclosed to the Com- pany in wiring prior to the issuance of this policy or appeared at the date of this policy on the public records. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS OR CLAIMS TO BE GIVEN BY THE INSURED The Company at its own cost shall defend the insured in all litigation consisting of actioi!s or proceedings against the insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the land and easement described in Schedule A in satisfaction of any indebtedness, the owner of which is insured by this policy, which litigation is founded upon 3 defect, lien, encumbrance, or other matter insured against by this policy, and may pursue such litigation to final determination in the court of last resort. In case any such litigation shall become known to any insured, or in case knowledge shall come to any insured of any claim of title or interest which is adverse to the title as insured or which might cause loss or damage for which the Company shall or may be linble by virtue of this policy, such insured shall notify the Company thereof in writing. If such notice shall not be given to the Company at least two days before the appearance day in any such litigation, or if such insured shall not, in writing, promptly notify the Compnny of any defect, lien, encumbrance, or other matter insured against, or of any such adverse clninl which shall come to the knowledge of such insured, in respect to which loss or damage is appre- hended, then all liability of the Company as to each insured having such knowledge shall cease and termi- rise; provided, however, that failure to so notify the Company shall in no case prejudice the claim of any insured unless the Company shall be actunlly preju- diced by such failure. The Company shall have the right to institute and prosecute any action or pro- may be necessary or desirable to establish the title, ceeding or do any other act which, in its opinion, or any insured lien or charge, as insured. In all cases where this poiicy permits or requires the Company to prosecute or defend any action or proceeding, the insured shall secure to it in writing the right to so prosecute or defend 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 Company the insured shall assist the Company in any such action or proceeding, in effect- ing settlement, securing evidence, obtaining witnesses, prosecuting or defending such action or proceeding, to such extent and in such manner as is deemed desirable by the Company, and the Company shall reimburse the insured for any expense so incurred. The Company shall be subrogated to and be entitled to all costs and attorncys’ fees incurred or expended by the Company, which may be recoverable by the insured in any litigation carried on by the Company on behalf of the insured. The word “knowledge” in this paragraph means actual knowledge, and does not be imputcd to the insured by the public records. refer to constructive knowledge or notice which may 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 tained. KO action or proceeding for the recovery of days after such loss or damage shall have been ascer- any such loss or damage shall be instituted or main- tained against the Campany un:il after full compliance by the insured with all the conditions imposed on the insured by this policy, nor unless commenced within twelve months after receipt by the Company of such written statement. 4. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS The Company reserves the option to pay, settle, or compromise for, or in the name of, the insured, any claim insured against or to pay this policy in full at any time, and payment or tender of payment of the full amount of this policy, together with all accrued costs which the Company is obligated hereunder to pay, shall terminate all liability of the Company here- under, including 311 obligntions of the Company with thereof. respect to my litigation pending and subsequent costs 5. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, it shall be subrogxted to and be entitled to all rights, securities, and remedies which the insured would have had against any person or property 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, securities, and remedies in the proportion which said payment bears to the nmount of slid loss. In either event the insured shall transfer, or cause to be transferred, to the Company such rights, securities, 2nd remedies, and shall permit the Compnny to use the “=me of the insured in any transaction or litigation ir.vo1ring such rights, securities, or remedies. 6. OPTION TO PAY INSURED OWNER OF IN- DEBTEDNESS AND BECOME OWNER OF SECURITY The Company has the right and option, in case any loss is claimed under this policy by an insured owner of an indebtetnrss secured by mortgxge or deed of trust, to pay such insured the inlebtedness of the mor:glgor or trustor under said mortgage or deed of trust, together with 311 costs which the Company is obligated hereunder to pay, in which case the Com- shall at once assign and transfer to the Company, said pany shall becone the owner of, and such insured mortgage or deed of trust and the indebtedness thereby secured, and such payment shall terminnte all liability under this policy to such insured. 7. PAYMENT OF LOSS AND COSTS OF LITIGA- TION. INDORSEMENT OF PAYMENT ON POLICY The Company nil1 pay, in addition to any loss insured ngninst by this policy, all costs imposed upon the insured in iitigation carried on by the Company for the insured, and in litigation carried on by the insured with the written authorization of the Company, but not otherwise. The liability of the Company under this policy shall in no case exceed, in dl, the actual loss of the insured and costs which the Compnny is obligated he:eunder to pay, and in no case shall such total liability exceed the amount of this policy and said costs. All payments under this policy shall reduce the amount of the insurance pro tanto, and payment of loss or damage to an insured owner of indebtedness * shall reduce, to that extent, the liability of pany to the insured owner of said land. h may be demanded by any insured without this policy for indorsement of such payment. a. MANNER OF PAYMENT OF LOSS TO Loss under this policy shall be paynble, fi~ insured owner of indebtedness secured by n deed of trust shown in Schedule B, in order therein shown, and if such ownership vesl than one, payment shall be made ratably a spective interests may appear, and thereaftc shall be payable to the other insured, an than one, then to such insured ratably as tl tive interests may appear. If there be no SI owner of indebtedness, any loss shall be the insu~ed, and if more than one, to SI rntsbly as their respective interests may nppe 9. DEFINITION OF TERMS The following terms when used in this pc nnnled ns insured in Schedule A of this F (8) “named insured”: the persons aI?d 1 “the insured”: such nmed insured togethe] each successor in owncrship of my indeb cured by any mortgage or deed of trust Schedule B, the owner of which indebtedne! herein 3s an insured, (2) any such owner I in o\vnership of any such indebtedness w the land and easement described in Sche any p3rt thereof, by lnwfiul nieans in sat. said indebtedness or any pnrt thereof, (3) nxntal agency or instrunlentnlity acquiring nd emenlent under an insunnce contrnct 0 insuring or gulmnteeing said indebtedne par: thereof, and (4) any person or corpor ing an estnte or interest in said land an as an heir or devisee of a named insured 0 of the dissolution, merger, or consolidatior polnte named insured; (c) “land”: the Ian specificnlly or by reference in Schedule ! ixluding the land subject to the casemer! which by lnw constitute real property; (8 in said schedule) and improvements nffi: the exact 2ay, hour and minure specified line of Schedule A (unless the context clea a different meaning); (e) “taxing agency” and each county, city and county, City Ind which said land or the land subject to sa or some part thereof is situated that levi assessments on real property; (f) “publi those public records vhich, under the rea impart constructive notice of matters relat land and easement; (g) the word “ensem plural as well as the singular. used in the printed text of this poiicy, i 10. WRITTEN INDORSEMENT REQI CHANGE POLICY or changed except by writing indorsed he No proirision or condition of this policy ca~ tached hereto signed by the President, a dent, the Secretary, or an Assistant Secrt Company. 11. NOTICES, WHERE SENT Ail notices required to be given the Comp statement in writing required to be fu Company shall be addressed to it at ;4. Boulevard, Los Angeles 54, California. 12. FEE The fee specified in Schedule A is the and Examination. for Title Insurance including chnrges for -r- ib! &$ FU\\ u- T-l "%<* $I@]# ? ~. *. .T?, . r* "..' .. ,l .-. . . .,I ~. .y&:vc ,,& . > ,W,<". " . 9 .e:* . .e 6 ;*-- , ....'e r4;. 5-i:. .A*... . -. e.. ', '.', %%:; .,,~, .~ . "ytf$ai ,I r ,~ . .. I f;.* ~,,.;. ...$"s;4; p..* p,- -.. - "^ .-. ._ , ,'. . ~." - . ~ ." \- ->~t-A! ;,:;-':->. " . .*. i ,' ternal Revenue Stamps in tbis Sj?ac+ocr&zXJp ,PfiGE .. ..: +- 500#6* 30 fhgaa,, rw 1- I:. ,. . . . . .. i .~. ". &-"""~ . ' .;GRANT 'I- D Affix f.R,S, $ b$+! 1 ..' e 0 *.I ~~0~6292 ~!&?.f.8 - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 S.S. On I ,j ;$ r? d 9%"" 2- 3 , Public in and for said County and State, personally appeared M. Lo Stookey Virginia Stookey Natalie Ortega Charles H. Kampe Everett M. Pierce Fannie W. Kampe Claire M. Pierce Charline M. Ingraham John H. Henley and Ruth Po Henley John Ortega and Norma C. Ortega- Morten Nielsen Dorthea E. Nielsen ,~ .." before me, the "-3- !undersigned, 19d-f a n tary -5. known to me to be the persons whose names are subscribed to the within instrument and ackgowledged that they executed the same WX.TNES.S my hand and official seal. .. ,. . .&5 ,: +" . ' ..;:, 2-u ri . " . -. .. -. . ii/ :4d4-. .; r; : ,a%%?z4md.-& p.. J -; ~=, .~ "h < o .-. .. '.' "' ~ -I -, . : ,8 ,, Notary Public '. .. . . !e * ,x ; ,I i';~ C>i<~*~~~$!tJ>~ Dt~.:>&s k: '9, 1rjg.J *'..< ,...... ~ . ~- -. ~ ~ ~~ ~" ~ .. ~~-~. . ~ - ~- STATE OF CALIFORNIA .COUNTY OF SACRAMENTO } ss. On April 19 ,19%, , .- ~ ,- - before me, Geo. A. Lawpence a Notary Public, person ally..^^^^^^^.^^ id 3 \.., 3. GEO. A.&@~:.~" iaa '5 :. ,.": ' < .< i . - ~ >.* ,:L >: . .. . . . -, Notary Public in and for said County and State 46252 ?-51 5M SPO STATE OF California 1 COUNTY OF Sa-h Diego 1 ) S.S. BOOK 6292 anas6256 '~b - .. I k 1 1 ~"~~~~~~~~~~~~~~~~~"~"~"~~~~~~~~- opIICIA& RECORDS @zsonrbydsmxm€%w#- i9:l ~- k , ,.. - 2- :-\ .&n\ $7 a -1 wee $"" \ b\uf\-&oR """"". -.- go~€~ k$k % UOWG C- Ra nq """""_ .i3 """"""_ "" ""- I " OCT 10 1956 at 9:N A.M. e.' ,'.- ',;. ,I :f ', . . 809K62Q3. p~cF22. f .'j ...I.' :+ "" """""_""""""". *. - ""-., . > i' -~~ ,;;\ ' OFFICIAL RECORDS .. x ' &&-mi * Mego, califorpis ' 1: "\., 9 <A F ,., , , , ... .\ I . L_ \\ I ,.'? ?a!@ $"A&"- "" OliOP """ - - ". - . *.-I . ROGER N. HIOWE, SI Chunky Recorder Ti: ',.,..5 :'t W"""""2q """" I""" DV'F TI - 1- .x ci - \' 9 .~ " '9 1 2 '3 4 5 6 7. 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 *rn - OU#jR "a r.4 >,* T *I"% 7. ' I- t8 "?- " ,... " i- . "^" ~.. - - . -. ~ .._ . , 1 -. - 4" ~~~~~~W~~~~~ xi 0 e- 21 7 &,<I "LUIJXC)~ "'l'&,rlx%i' ~&~1[C;#JjJ& ,J$' Jta a* t-i *Y LT&&T, &pJ;imp!T ,?&a RXC;$jT .JF %.iM * "1 i'? I 1 I <g ';. F, ,p , ,w $7 - ,. -. i. .. *&,Y 5. w I i;l .* " =- I ' *: ' m., .. .. . _. 1 ,1 ,.. : _B:YLQ E Bes"3iPLj 0 N ~n 6 ~WiLBqll~ ~~unol~m Ledpwwooct 1 2 3 ~ouno~~nsn .mlrd, eleLLton mid ~o~naon '. &yor 2mtczr:;aa ' - : .. .. _,. - 4 .. 5 6 I J.,.,,-*. . 1 of til@ City of CrzrEsha, CnrlEabud., Ctzliftsrn_ia ' . 711 : .. .. .. . .. 8 g .Iismsarp ,. .I .11 lo %.,a. u, Z"TG;LD, city clerk 1'2 ,. ,? .. ,. -. 13 , 14 15 .. .. 16 17 /. STATE OF CALi3i)XNiA ) CITY OF CARLSBAD ' , ) ':' 18 .19 COUNTY 'OF SAN DIEGO ) SS. , .. .. , ,> 20 O:*'fh6'(:ify C1&k,'%l!.ich itlstrumenr war duly passed and ad&pte& .l?y 22 .I, M. 0. EWALD, City Clerk of the City of Carlsbd, California, ~ .. 21 do hereby ce;:..!) chat the foregoing -~so~~oB- .'L-21-+ is a true cxti;ict CO~>I' .~i'~ &e original of such documepL. on ;P iie in he off2ce <I+& i:ity'coufiUi !O!i the City oi &&bad on the---z-g-f;t3c&y of_ _____ 1 .___ ;- ,