HomeMy WebLinkAbout; WOMAN'S CLUB OF CARLSBAD; 140524; EasementI
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......................................................................................... Security First JTational Bank
Carlsbad Branch ........................................................................................... SA# REGO MifHM, CALF. %k
Carlsbad y. California ... ......................... ................................................................
Corporation
......................................................................................................................................
............................................................... Woman' s Club of CarL-sbad ................................................................
For a Valuable Consideration, the receipt of which is hereby acknowledged,. does
GRANT to .............. cit~~~-of...c3r~sb8~ .,... a,..~~i~i~~l..~~~~~~~~iQn ..................................................................
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all that real property situated in the County of ............ ~..Qi.ep ................................ State of California, described as
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Subject to :
1. General and special taxes for the fiscal year 1961-1962.
2. Rights, rights of way and easements for public utilities, water companies, a1
and streets; and covenants, conditions and restrictions, now of record, if an
Dated ............... July 7 2 ................................... 1961 .......
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STATE OF CALIFORN ,
COUNTY OF .... 2 h- A+: }SS. ............ fk6x ......... -5..E& .......
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On "%"- / 7, /+L/ , before me, the undersigned, a Notary Public for /L /e7
Califod, personalAppeared @a& Aww , known to me to be the 1
and . =6k&&2-- 6 9&d&&y, , known to me to be the Secretary of the Corpor,
. executed.thk/within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation there;
and acknowledged to me that such Corporation executed the within Instrument pursuant to its bylaws or a resolution of its board of
WITNESS my hand.and official seal.
(Seal) ......
Title Order No 7-3-5 90 2,
Escrow No; y2 2 - 2 /=-do
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BTiT Li. .. .c,.. .',? :-.! . :;::,= ., .. ~ iil er~
for the Couniy of San Diego. St,+ of California
My Commission Expires April 25. 1963
5397
ESC 2586 1-59*
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A portion of Block I, YU~~L'J.'HLH KL'LH the vacated streets adjoining said Block 1 in Mulls Addition to Carlsbad, in- the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 514, filed in the office of the County Recorder of San Diego County, March 22., 1888, and a portion of Tract 113 of Carlsbad Lands, a-ccording to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County March 1, 1915, lying within the following described parcel of land :
Beginning at a point in the Northerly line of said Block I., distailt thereon South 89O05' East 90 feet from the inter- section of the Westerly prolongation of said Northerly line
with the Westerly line of the unnamed street adjoining said Block 1 on the West, said POINT OF BEGINNING being also the Northeasterly corner of the land described in deed to Bart1 Rooney by deed dated August 24, 1921 and recorded in Book 863, page 189 of Deeds; theme South O052! East along the Easterly line of said Rooney land to a point distant thereo 133 feet Northerly from the center line of First Avenue as said Avenue is shown on said Map No. 514; said point being TRUE POINT OF BEGINNING; thence continuing South Oo52l East along SI id Easterly line 133 feet to a 'point in said center line; thence North 89"05l West along s'aid center line 90 .,f-eet to the Westerly line of sa-id unnamed street adjoining said Block 1 of Mulls Addition to Carlsbad on the West; the North 0°52' West along said Westerly line 62.32 feet, more less, to an intersection with a line which is parallel with and Northeasterly 786.45 feet at-right angles from the Nort easterly line of Harding Street, formerly Fjfth Street, sai Northeasterly line of Harding Street being also the South-
North 3 "33' West along said parallel line 85.40 feet, more or less, to a point in a line which bears North 89"05l West parallel with said center line of First Avenue from the TRU POINT OF BEGINNING; thence South 89°05t East to the TRUE PO OF BEGINNING.
westerlc line of said Tract 113 of Carlsbad Lands; thence
..
.. . _. .- That portion of Block 1 of Mulls Addition to Carlsbad, 'in
the City of Carlsbad, County of San Diego, State of California
according to Map thereof No. 514, filed in the office of the
County Recorder of San Diego County, March 22, 1888 and that portion of Lot 29 of Gptimo Tract No. 2, fn the City of Carlsbad, County of San Biego, State of California, according to Map thereof No. 2L51, filed in the off ice of the County Rccorder of San Diego County, March 4, 1929, described as a
whole as follows:
Beginning at a point on the Westerly line of said Lot 23, distance thereon North 0°52' West 175 feet from the Southwest corner of said Lot; thence South O052' East a distance of 125 feet; thence along a line parallel with the Southerly line of said Lot 29, South 89"O:' East, a distance of 78.14 feet to a point on the center line of Eureka Place, said point being the TRUE POINT OF BEGINRING: thence retracing North 89O05' West
along said parallel ine, a distance of 163.14 feet to an inter.
,. .
4 section with the Easterly line of that tract of' land conveved
N0rth.0~52' West, a distance of 125 feet to an intersection
with the Westerly prolongation of a Pine drawn parallel
with the Southerly line of said Lot 29 through the PCjINT OF BEGIKNING; thence South 89"05* East along said prolongation
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EXCERPT FROM MINUTES OF THE REGULAR MEETING OF THE
CARLSBAD CITY COUNCIL HELD ON MAY 16, 1961.
The following is an extract portion of the minutes of the Carlsbad City
Council held on May 16, 1961;
Purchase of Woman's Club property. The City Manager advised
the Council he had received a reply from the Woman's Club as to the City's offer of $6, 250. 00 for their property in Holiday Park,
and by vote of the membership they have agreed to accept the City's offer, providing it would be a cash transaction. By a unanimous vote of the Council the City Manager was authorized to transfer
sufficient funds from the Contingency Fund to pay cash for the
property.
STATE OF CALIFORNIA:
COUNTY OF SAN DIEGO: SS.
CITY OF CARLSBAD :
I, J. H. PFUCE, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct extract portion of the minutes of the City Council of a
regular meeting held on May 16, 1961.
DATED: August 9, 1961.
7 \\\ " 1" J."H. PRICE, City Clerk
of the City of Carlsbad.
I
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3. AGRE"3NT FOR EXCi'ANGE OF BBAL ESTATE
2
3 MKEE@AS, the WO'E\IANtS CLUB OF C.ARLS;B-O, a corporation,
4 the owner of that portion of Tract 3-13 of Carlsbad Lands, in '
5 City of Carlsbad, County bf San Diego, State of California, a,
6 ing to Map thereof, Eo. 1661, filed in the- off ice of the Corn'
7 Recorder of San Diego County, described as a whole as follows
8
9
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Beginning at the point of intersection of the Northwesterly line of the 40 foot unnamed street ad- joining the Southwesterly line of said Tract Sl3 with the Northeasterly line of the land described in Deed the State of California, for a public highway record( Decellrber 31, 1951, in Book 4331, page 4-27 of 6fficial Records; thence North 23O 081 50" West along said
Northeasterly line of said State of Ca,liforniars land, 135 feet to the nost Westerly corner of the land, described in Deed to Edward P. Huntley and wife, recorded June 3 1953, in Book 4877, page 427 of Official Records; {hence continuing North 23' OB1 50" West along said Northeasterly line 100 feet to the true point of beginnin-. thence leaving said Northeasterly line North 6@ 51' 10" East to a point in a line which is parallel with and 786.45 feet Northeasterly from the Southwesterly boundary line of said Tract 113; thence Northwesterly along said parallel line to a point in the Northvesterly line of said Tract 113; thence Southwesterly along said Northwesterly line to said Mortheasterly line of said State of California's land above referred to; thence along said Mortheasterly line South 9' 29' West 35.99 'feet to an angle point therein and South 23O 08t 50" East to the true point of beginning.
21 which property shall hereinafter be referred to as Parcel ttAtt
22 and
23 WHEREAS, the CITY OF CA3LSB.!!, a municipal corporatio~
24 is the owner of that portion of Block 1, TOGETEER WTH the va(
25 streetx adjoining said Block 3- in KJLLS "XIITION TO CARLSBAD,
26 in the City of CarLsbad, County of San Diego, State of Calif01
27 according to Nap thereof, No, 514, filed in the office of %he
28 County Recorder of San Diego County, Haxh 22, 1888, and a pol
z9 of Tract 113 of CARLSBAD L-AXDS, according to Map thereof, No.
30 filed in the off ice of the County Recorder of San Diego Count:
31 IYIarch 1, 1915, lying within the following described parcels-:of ..>*. *' i >, .I . ~
32 land: I : .
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Beginning at a point in the ilrortherl line of said Block 1, distant thereon South 89 g 05' East 90 feet from the intersection of the Westerly prolongation of said Northerly line with the Westerly line of the maned street adjoining said Block 1 on the West, said POINT OF BEGIPIJNING being also the Northeasterly corner of the land described.in deed to Barley Rooney by deed dated August 24, 1921 and recorded in Book 863, page 189 of Deeds; theme South 0' 52: East along the Easterly line of said Rooney land to a pbint distant thereon 133 feet Northerly from the center line of First Avenue as said Avenue is shotm on said Map No. 5lk; said point being the TRUE POINT OF BEGINNING thence continuing South 00 52f East along said Easterly line 133 feet to a point in said center line; thence North 89' 05' Nest along said center line 90 feet to the Mesterly line of said maned street adjoining said Block 1 of Nulls Ad.dition to Carlsbad on the Mest; thence Horth Oo 52* West along said Westerly line 62.32 feet nore or less, to an intersection with a line which is parallel with
and Northeasterly 786.45 feet at right-angles from the Northeasterly line of Fifth Street, said North- easterly line of Fifth Street being also the South- westerly line of said. Tract SS3 of Carlsbad Lands; thence Horth 34' 331 West along said parallel. line 8.5.40 feet more or less, to a point in a line which bears North 890 051 West parallel with said center line of First .Avenue from the TRUE POINT OF BEGINNDIG thence South 890 05' East to the TRTJE POINT OF BEGIIK@?G,
18 which property shall hereinafter be referred to as Parcel trBrr
19 and
20 'WHEREAS, the W0P4A.iYtS CLUB OF C.KEILSB.PLD, a corporation
21 the owner of that property described as that portion of Block
22 of Mull's Addition to Carlsbad in the'City of Carlsbad, Count
23 of San Diego, State of California according to Map thereof
24 No, 51k filed in the office of the County Recorder of San Die
25 County &larch 22, 1888 and that portion of Lot 29 of Optine Tr
26 No. 2, in the City of Carlsbad, County of San Diego, State of
2'7 California, according to Hap thereof JJo, 2151 filed in the of
28 of the County Recorder of San Diego County March 4, 1929, des
29 as a whole as follows:
30 Beginning at a point on the Westerly line of
said Lot 29 distance thereon north Oo 52* West 3-75 fe
O0 52' East a distance of 125 feeti thence along a line parallel with the Southerly llne of said Lot 29
3.1 from the Southwest corner of said Lot; thence South
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South 89O Ofi* East a d.istance of 78-14 feet to a point on the center line of Eureka Place, said point being the true point of beginning; thence retracing North 89O 05' West along said parallel line a distance of 168-14 feet to an intersection West; thence the Easterly line of that tract of land conveyed to Bartley Rooney by deed recorded
in Book 863 page 189 of' Deeds; thence along the Easterly line of said Rooney land Norkh 00 52s West a distance of 125 feet to an intersection with the Westerly prolongation of a line drawn parallel with the Southerly line of said Lot 29 thru the point of beginning; thence north 890 along 05' East along said prolongation and along said parallel. line to an intersection with the Center line of Eureka Place; thence Southerly along said center line to the true point of beginning,
11 which property shall hereinafter be referred to as Parcel Wfl
'12 and
13 WBEREAS, the Woman*s Club would like to acquire Pace
14 from the City of Carxsbad for the construction of a clubhouse
15 k?€EREAS, the City of Carlsbad would like to acquire Pi
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g for public park purposes; and
17 V'EREAS, it is the mutual desire of both parties ta hi p* 18 Parcel ?@e utilized. for parking purposes,
19 NOW,, THEREFORE, in consideration of the exchange of p:
20 ties hereafter set forth and the mutual covenants and promise:
21 hereinafter expressed, it is agreed as follows;
22 1, The Womn*s Club covenants and agrees with the Ci.
23 ' of Carlsbad to execute a proper deed and conveyance of Parcel
24 to the City of Carlsbad, subject to the reservation by the WOI
25 Club of an easement and right-of-way for ingress and egress o
26 a strip of land 12 feet in width, the Southerly line of said
2-? strip of land being described as:
28
29
Within that portion of Tract ll3 of Carlsbad I lands,'in the City of Carlsbad, County of San-Diego State of California, according to Map thereof, No. €61 filed in the off ice-of the County Recorder of 'San Diel
Beginning at the point of intersection of the No: 31 westerly line of the 40 foot unnamed street adjoining
the Southvesterly line of said Tract ll3 with the Nor. 32 easterly line of the land. described in Deed to the
30 County, described as follows:
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State of California, -for a. public highway, recorded December 31, 1951, in Book 4331 Page 427 of Official Records; thence North 23O 084 50" West
California's land, 135 feet to the most Westerly corner of the land described in Deed to-Edward P. Huntley and wife, recorded June 3, 1953, in Book k877: page 427 of Official Records; theme continuing North 23O 08* 50" West along said Northeasterly line 100 feet to the true point of beginpng; thence leaving said Wortheasterly Sine North 66 5l* lot1 East to a point in a line which is parallel with an% 786.45 feet Northeasterly from the Southwesterly boundary line of said Tract lS3,
along said Northeasterly line of said State of
9 2. The City of Carlsbad covenants and agrees with thc
10 Wonants Club to give a good and proper deed of conveyance to
11 Parcel rnBtt to the Woman's Club,
12 3. The Wonants Club covenants and agrees to give to 1
13 City of CarLsbad a deed to Parcel Wr', which dee% to the City
14 Carlsbad shall contain an expressed condition subsequent that
15 property is to be held by the City of Carlsbad to be used sol<
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f6r parking purposes, and if not so used by the City of Carlsl
then in that event the title to the property shall revert to :
be vested in the Wonants Club of Carlsbad. The Moman's Club
further reserves the right to reserve fron such deed a blanke-
easement covering any and all portions of such property for u'
purposes, and which easement shall enure solely for the benef:
of the Woman's Club.
b, In the event the Womanrs Club desires or offers tc
sell Parcel Wf to any pe-rson or persons whatsoever during thc
25 next fifty (50) years, then In that event the Wornants Club ag:
26 with the City of Carlsbad to first offer said Parcel *lBtl to ,t:
2" City of Carlsbad upon terms and conditions as fixed by the
28 \{omants Club, In the event the City of Carlsbad chooses not
29 buy upon said fixes terms and coneitions then the Woman's Clu'
30 may thereafter upon the same terms and cond-itions sell to any
31 other person or corporation. In the event there are any than
32 in the terms and conditions, then such changed terms and cond
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1 shall likewise be offered to the City of Carlsbad,
2 5. In the event the Wornants Club sells Parcel %It to
3 the City of Carlsbad at any time during the next fifty (50) yc
4 then in that event the Woman's Club further agrees to quitclat
5 to the City of Carlsbad all of their reversionary interests ir
6 Parcel +ICr1 for the sum of $1.00,
7 6, The City of Carlsbad agrees to surface and mainta:
8 a 'LO foot width of the reserved easement heretofore described
9 in Paragraph 1 hereof.
10 IliT WITmSS I$BGBOF, the parties hereto have caused thl
11 properly empowered officers to sign this agreement on the day
12 set; forth below,
13 CARLSBAD T:,OI@$I * S CLUB
14 DATED: / -?* , 1955. 25 =rn PF3 DEIL'T
l6*LA .m
17 SECFBTARY
18 I
19 (SEAL)
' 28 I '. - .I CITY OF' CA3LSBAD
21 D.ATED: ;y;; i , 1955- BY
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24 .ATTEST :
25 *?q ,. (+J I L4JL2+ CITY Cm3K
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32 -5-
, 1254 5-61 e CALItUKNIA LANU IIIL ~UlIAIlUN 1IANUAKU 1UVtfiAbt t‘,UtILI tV COPYRIGHT 19Aly
‘URIIO’N TITLE INSURANCE COMPANY
SAN DIEGO 12. CALIFORNIA
AND
Title Insurance and Trust Company
LOS ANGELES 54. CALIFORNIA 1 /
(HEREIN CALLED THE COMPANIES)
FOR A VALUABLE CONSIDERATION, PAID FOR THIS
Policy of Title Insurance
THE NUMBER, EFFECTIVE DATE, AND AMOUNT OF WHICH ARE SHOWN IN SCHEDULE A,
hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of st,
Insured, or, if a corporation, its successors by dissolution, merger, or consolidation, against loss or damage not excel
ing the amount stated in Schedule A, together with costs, attorneys‘ fees, and expenses which the Companies n
become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain
reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land
described or referred to in Schedule C, existing at the date hereof, not shown or referred to in
Schedule B or excluded from 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 which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or
charge of said Mortgage upon 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
Schedule B, or excluded from coverage in the Conditions and Stipulations, said Mortgage being shown in
Schedule B in the order of its priority;
all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, togeth
with Schedules A, B, and C, are hereby made a part of this Policy.
IN WITNESS WHEREOF, each of the Companies has caused its corporate name and seal to be hereunto affixed by
duly authorized officers on the date shown in Schedule A.
TITLE INSURANCE AND TRUST COMPANY UNION TITLE INSURANCE COMPANY
BydeF, \
ERNEST I. LOEBBECKE, President -*/ JAMES D. FORWARD, IR., President
Attest “e
ecretary. I’ Secretar
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM
COPYRIGHT 1961
' 1255 6-fj.1 rl) ICLTA STANDARD COVERAGE FORM-CO?YRIGHT 1961)
I "FEE" FORM I * ..
SCHEDULE A
Amount S 6,250.00 Fee S 63.00 Policy No. 733902
Effective Date august 16, 1961 at 9: 00 A M.
INSURED
City of Carlsbad, a municipal corporation.
1. Title to the estate or interest covered by this Policy at the date hereof is vested in
City of Carlsbad, a municipal corporation.
2. The estate or interest in the land described or referred to in Schedule C covered by this Policy is
U fee., as to Parcel 1 herein described,
An easement more particularly described as Parcels 2 and 3.
SCHEDULE 6
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 couid
be ascertained by an inspecticn 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
5. Unpatented lnininy claim; reservaiions or excepiions in patents or in Acts authorizing the issuance
a correct survey would disclose, and which are not shown by public record.
thereof; water rights, claims or title to water.
-
"
UNION TBTLE INSURANCE COMPAN
- 2
1268 4-60 , , 0 ICLTA STANDARD COVERAGE FORM-COPYRIGHT 19601 0
SCHEDULE B-Continued
PART II
1. City of Carlsbad and County of San Diego taxes for the fiscal year 1961-62, including any special district levies, now a lien, payable in November.
2. The rights of the public to use as a street that por- tion of Parcel 3 herein described, lying within Eureka Place.
3. An easement for a line of poles and wires for the transmission and distribution of electricity and in- cidental purposes, as granted to San Diego Gas & Electric Company, by Deed recorded March 14, 1952 in Book 4403, page 599 of Official Records.
Said easement affects the Easterly 6 feet of Parcel 2
herein described
4. An easement and right of way over Parcel 2 herein described for ingress and egress for water pipe line purposes, over a strip of land 2 feet in width, the Westerly line of said strip of land being described as follows:
Beginning at the point of intersection of the South- erly line of the said land with a line which is paral- lel with and Northeasterly 15 feet at right angles from the Southwesterly line of said land; thence North 23008*50i1 West along said parallel line to a line which bears North 66°51*101i East from a point in the South- westerly line of said land, distant thereon South 23' 08*501' East 7.00 feet from an angle point therein; thence Northeasterly in a straight line to the most Northerly corner of said land. Said easement begins in said Southerly line of said land and ends in the North- westerly and Northeasterly lines of said land, and incidental purposes, as reserved by Robert C. Tillman and Hattie Bell Tillman, husband and wife, in Deed recorded March 11, 1955 in Book 5563, page 258 of OfSicial Records.
5. An ea.sement and right of way for ingress and egress for public purposesb to be used in common with others, over the most Northerly 15 feet of said Parcel 1 herein
- -
UNIION TITLE INSURANCE COMPAN'
3 -
1268 4-60 0 ICLTA STANDARD COVERAGE FORM-COPYRIGHT 1960) e
SCHEDULE B-Continued
,PART II
described, as reserved by City of Carlsbad, a municipal corporation, in Deed recorded February 6, 1956 in Book 5965, page 351 of Official Records.
6. Any assessments which may be levied against the herein described property for construction of sewer, as disclosed by a Notice of award of contract by the City OP Carlsbad, dated June 6, 1961, recorded on August 1, 1961 in the County Recorder's Office of San Diego County.
This item is shown for information only, and does not constitute a waiver of the stipulations or of paragraph
1, part 1, Schedule 3, of this policy.
-
UNPORI TITLE INSURANCE COMPAN'
- 4
-.
1256 3-60 ' (ATA ADDITIONAL COVERAGE FORM1 0 [CLTA EXTENDED COVERAGE OR STANDARD COVERAGE-1960 1)
SCHEDULE C
The land referred to in this policy is described as follows:
PARCEL I:
A portion of Block I, together with the vacated streets
adjoining said Block 1 in Mulls Addition to Carlsbad, in the City of' Carlsbad, County of San Diego, State of California, according to Map thereof No. 514, filed in the office of the County Recorder 02 San Diego County, March 22, 1888, and a portion of Tract ll3 of Carlsbad Lands, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County March I, 1915, lying within the following described parcel of land :
Beginning at a point in the Northerly line 02 said Block 1, distant thereon South 89"05* East 90 feet from the inter- section of the Westerly prolongation of said Northerly line with the Westerly line of the unnamed street adjoining said Block 1 on the West, said point of beginning being also the Northeasterly corner of the land described in deed to Bartley Rooney by deed dated August 24, 1921 and recorded in Boob 863, page 189 of Deeds; thence South O"52' East along the Easterly line of said Rooney land to a point distant thereon 133 feet Northerly from the center line of First Avenue as said Avenue is shown on said Map No. 514; said point being the true point of beginning; thence continuing South 0°52' East along said Easterly line 133 feet to a point in said center line; thence North 89°05r West along said center line 90 feet to the Westerly line of said unnamed street adjoining said Block 1 of Mulls Addition to Carlsbad on the West; thence North 0'5.2' West along said Westerly line 62.32 feet, more or less, to an intersection with a line which is parallel with and Northeasterly 786.45 feet at right angles from the Horth- easterly line of Barding ;Street, formerly Fifth Street, said Northeasterly line of Harding Street being also the South- wester1 line OP said Tract 113 of Carlsbad Lands; thence North 3 $ "33' West along, said parallel line 85.40 feet, more or less, to a point in a line which bears North 89"05, West parallel with said center line of First Avenue from the true point of beginning; thence South 89"0s1 East to the true point of beginning .
PARCEL 2:
An easement and right of way for ingress and egress for drive- way purposes over a strip of land 12 feet in width lying
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UNION TITLE INSURANCE COMPANY
5 L
. - - . - - - ,-.-
.. I
""...".." ""I-II-VLI I"Lln L,\,L"V\' "",LII"YL "I, ~Im,."",," ""ILII,,". I,"", e 0
SCHEDULE C-Continued
within Tract 113 of Carlsbad Lands, according to Map thereof No. 1661, filed in the office of the County Recorder of said County, described as f ollows:
Beginning at the point of intersection of the Northwesterly line of the 40 foot unnamed street adjoining the South- easterly line of said Tract 113 with the Northeasterly line of the land described in Deed to the State of Cali- fornia, for a public highway, recorded December 31, 1951, fn Book 4331, page 427 of Official Records; thence North 23°08150k1 West along said Northeasterly line o:f said State of California's land, 135 feet to the most Westerly corner of the land described in deed to Edward P. Huntley and wife, recorded June 3$ 1953 in Book 4877, page 427 of Official Records; thence continuing North 23°08'50" West along said Northeasterly line 100 feet to the true point of beginning; thence leaving said Northeasterly line North 66°511101g East tQ a point in a line which is parallel with and 786.45 feet Northeasterly from the Southwesterly boundary line of said Tract 113; thence Northwesterly along said parallel line to a point in a line which is parallel with and 12 feet Mbrth- westerly from the course recited above as $&North 66°51g10rr East;"thence along said parallel line South 66"51*lot1 West to the Northeasterly line of said State Highway; thence along said Northeasterly line South 23°08*50t1 East to the true point of beginning .
PARCEL 3:
An easement for utility purposes over any and all of the following described land:
That portion sf Block 1 of Mulls Addition to Carlsbad, in the City 09 Carlsbad, County of San Diego, State of California, according to Map thereof No. 514, filed in the office of the County Recorder of San Diego County, March 22, 1888 and that portion of Lot 29 of Optirno Tract No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2151, filed in the office of the County Recorder of San Diego County, March 4, 1929, described as a whole as follows:
- - -
UNION TITLE INSURANCE COMPAN
- 6
. ~~ ~ ~.
.I L
tnnn ~YYIIIV~RL ~vIL~~~~~~ iLLIA tAltNULU LUVCflAUt Uil JIANUA~U LurtKAbt-IYbUI 0 e
SCHEDULE C-Continued
Beginning at a point on the Westerly line 09 said Lot 29, distant thereon North 0°52' West 175 feet from the Southwest corner of said Lot; thence South 0'52: East, a distance of 125 feet; thence along a line parallel with the Southerly line 09 said Lot 29, South 89"0s1 East, a distance of 78.1h feet to a point on the center line of Eureka Place, said point being the true point of beginning; thence retracing North 89*0s1 West along said parallel line, a distance of 168.14 feet to an inter section with the Easterly line of that tract of land conveyed to Bartley Rooney by deed secorded in Book 863, page 189 of Deeds; thence along the Easterly line of said Rooney land, North 0°52* West, a distance of 125 feet to an intersection with the Westerly prolongation of a line drawn parallel with the Southerly line of said Lot 29 through the point
of beginning; thence South 89°051 East along said prolongation and along said parallel line to an intersection with the center line of Eureka Place; thence Southerly along said center line to the true point of beginning.
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UNION TITLE INSURANCE COMPANA
7 -
'L>% _I.*" i-
California Lahd Titie Association SI -
Coverage Policy Form - Copyright l9bO
am
(Includes those in
1. DEFINITION OF TERMS
The following terms when used in this Policy mean:
by reference, in Schedule C, and improvements affixed (a1 "land": the land described, specificaily or
lhereto which by iaw constitute real property:
part constructive nolice of malters relating 10 said (bl "public records": those records which im.
land:
structive knowledge or nolice which may be imputed IC] "knowiedge": actual knowledge, not con.
to Ihe Insured by reason of any public records; (dl "date": the effective date; and
owner of the indebtedness secured by a Morlgage or le1 "lhe Insured": if a named insured is lhe
Deed of Trust shown in Schedule B, then, in addition to lhe parties named as. Insured or referred 10 as "the Insured" herein, the insured" shall include (11 each successor in ownership of such indebted. ness, Ill any such owner or successor in ownership of any such indebtedness who acquires the land de. scribed in Schedule C or any part thereof, by lawful means in salisfaction of said indebtedness or any par1 thereof, and (31 any governmental agency or
ance contract or guarantee insuring or guaranleeing mlrumentality acquiring said land under an insur.
said indebtedness or any par1 thereof.
2. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY
by reason Of the foliowing: This Policy does not insure against loss or damage
tion (including but not limited to building and Ion- la1 Any law, ordinance, or governmental regula.
ing ordinancesl restricting. regulaling or prohibiting the occupancy, use or enjoyment of the land, or the character, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcei of land.
nent domain, unless notice of judiciai action to exer. Ibl Governmenlal righl of police power or emi-
cise such rights appears in the public records at the date hereof.
the premises expressly described in Schedule C, or It1 Title to any property beyond the lines of
litle to streets, roads, avenues, lanes, or ways on which such premises abut, 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 specificaily provides that such property, righls or easements are insured, ex. cept that if Ihe premises abut upon a physically open streel or highway this Policy insures the ordinary rights of abutling owners for access thereto unless restricted by governmental regulations or otherwise excepled or excluded herein. Id1 Defects, liens, encumbrances, adverse claims against the title as insured, or Other matlers: (11 created, suffered, assumed or agreed to by the in. sured. or Ill known to the Insured either at the date of this Policy or at the dale such insured acquired an estale or interest insured by the Policy and no! Shown by the public records, unless dis. closure thereof in wriling by Ihe insured shail have been made to the Companies prior to the dale of this Policy, or 131 resulting in no direr1 loss to the
the date hereof. Insured, or 14) altaching or created subsequent to
(el Loss or damage which would not have been sustained if the Insured were a bona fide purchaser or encumbrancer for value.
3. DEFENSE AND PROSECUTION OF ACTIONS-NOTICE OF CLAIM TO BE GIVEN BY THE INSURED
QUI undue delay, shall provide for the defense of the (a) The Companies. at their own cost and wilh.
Insured in ail litigation consistlng of actions or pro. ceedings commenced against the Insured, which lili. gation is founded upon a defect, lien, or encum.
sue such litigation to final determination in the brance insured against by this Policy, and may pur.
court of last resort.
be begun. or in case knowledge shall come 10 the Ibl In case any such action or proceeding shall
Insured of any claim of tilie or interest adverse to the tille as insured, or which mighl cause loss or damage for which the Companies shall or may be liable by virtue of this Policy, or in the event lhe litle is reiected as unmarketable by one who has leased or has contracted to purchase, lease. or lend money on the iand described in Schedule C hereof,
of in wriling. If such notice shall not be given to the Insured shall at once notify the Companies there.
Ihe Companies wilhin ten days of Ihe receipt of process or pleadings, or if Ihe Insured shall not, in writing, promptly notify the Companies of any defect, lien, or encumbrance insured against which shaii come to the knowledge of the Insured. or if the Insured shall not, in writing, promptly nolify the Companies of any such rejection by reason of claimed unmarket. ability of the litle, lhen a11 liability of the Corn. panies in regard to the subject matter of such action, proceeding or matter shall cease and terminate: pro.
case prejudice the claim of any Insured unless Ihe vided, however, that failure to notify shall in no
Companies shall be actually prejudiced by such fail. ure and then only to the extent of such prejudice. ((1 The Companies shall have the right aI their
California land Title Association Standard
Coveraae Policy Form - Copyright 1960
UNION TITLE INSURANCE C4
CONDITIONS AND STIPULATIONS
the American Title Association 0wner's.Additional
own cost to institute and prosecute any action or proceeding or do any other act which in lheir opinion may be necessary or desirable to establish the title as insured. (dl in ail cases where this Policy permils or requires Ihe Companies to prosecute or provide for
shall secure to them the right so 10 prosecute or pro. the defense of any action or proceeding, the insured
vide defense in such action or proceeding and all appeals therein, and permit them to use,'at their option. the name of the Insured for such purpose. Bhenever requesled by the Companies, the insured shall give the Companies all assislance in any such action or proceeding, in effecting settlement. secur.
defending such action or proceeding, and the [Om. in9 evidence, obtaining witnesses, or prosecuting or
panies shaii reimburse the Insured for any expense so incurred.
4. NOTICE OF LOSS-LIMITATION OF ACTION
graph 31bl. a statement in writing of any loss or In addition to the nolices required under para.
damage for which it is claimed the Companies are
liable under this Policy shall be furnished to the Companies within sixty days after such ioss or dam.
tiOn shali accrue to the insured under this Poiicy age shall have been determined and no righl of ac.
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 com. menced thereon within one year after expiration Of said thirlyday period. Failure to furnish such state. ment of ioss or damage, or to commence such action within Ihe time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any aclion under this Policy.
5. OPTION TO PAY, SETILE OR COMPROMISE CLAIMS
(a1 Tie Companies reserve the oplion 10 pay, Settle or compromise for or in the name of the In- sured, any claim insured against or to pay the full amount of this Policy, and such payment or tender of payment. together with all accrued COSIS which the
minate 111 liabiiity of the Companies hereunder. Companies are obiigaled hereunder 10 pay, shall ler.
an insured owner of an indebledness secured by a (b1 in case loss is claimed under this Policy by
Morlgage or Deed of Trust, the Companies al their option may pay such Insured an amount equal 10 such indebtedness, together with ali costs which the Com- panies are obligated hereunder to pay, in which case the Insured shaii assign and transfer 10 the Com. panies said Mortgage or Deed of Trust and the in. debtedness secured Ihereby, and such payment shall terminate all liability of Ihe Companies hereunder as to such Insured.
6. PAYMENT OF LOSS
Policy shall in no case exceed, in all, the direct loss la) The liability of the Companies under this
of the Insured and costs and attorneys' fees which the Companies may be obligated hereunder Io pay.
loss insured against by this Policy, a11 costs imposed (bl The Companies will pay, in addition to any
Upon the Insured in litigation carried on by the Corn. panies for the insured, and aii COOIS and attorneys' fees in iiligation carried on by the Insured with Ihe written authorization of the companies.
mainlainable under this Policy: 11) if Ihe Con.
Id NO claim for damages shall arise or be
panies, after having received notice of an alleged defect, lien, or encumbrance not excepted or ex. cluded herein removes such defecl, lien, or encum- brance within a reasonable time after receipl of such nolice. or (2) for liabiiily voluntarily assumed by the Insured in settling any claim or suit without written consent of the Companies, or 131 in the event the title is reiected as unmarketable because of a defect, lien. or encumbrance not excepted or excluded in this Policy, unlii there has been a finai determination by a court of competent jurisdiction sustaining such rejection.
ments made for costs. atlorneys' fees, and expenses, (dl All payments under lhis Policy, except pay.
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
such loss or destruction shall be furnished to the Policy be lost Or destroyed, in which case proof of
satisfaction of the Companies, provided. however. if the owner of an indebtedness secured by a Mortgage
herein, then such payments shall not reduce pro or Deed of Trust shown in Schedule B is an Insured
as to such Insured. except to the extent that such tanlo the amount of the insurance afforded hereunder
payments reduce the amount of the indebtedness secured by such Mortgage or Deed of Trust.
accordance wilh Ihe conditions of lhis Policy, the 101s (el When liability has been definilely fixed in
or damage shall be payable within thirty days there- after.
7. LIABILITY NONCUMULATIVE
il is expressly understood lhat Ihe amount of this Policy is reduced by any amounl the Companies may
of any Mortgage or Deed of Trust shown or referred pay under any policy insuring the validity or priority
to in Schedule B hereof or any Morlgage or Deed of
DMPANY
(
*
herage Policy)
Trusl hereafler executed by the Insured which is a charge or lien on Ihe land described or referred 10 in Schedule C. The provisions of lhis paragraph num. bered 7 shall not apply 10 an Insured owner of an indebledness secured by a Mortgage or Deed of Trust shown in Schedule B unless such Insured acquires litle to said iand in satisfaction of said indebted. ness or any part lhereof.
8. COINSURANCE AND APPORTIONMENT
after an alteration or improvemenl subsequent tO the (a1 In the event that a partial 101s occurs
date of this Policy, and only in that event. the in. sured becomes a coinsurer to the exlent hereinafter set forth. If the cost of the alleration or improvement ex. ceeds Iwenly per cenhm of the amount of lhis
lished shall be borne by the Companies as one hun. Policy. such proportion oniy of any partial loss estab.
dred twenty per centum of the amount of this Policy bears to the sum of the amount of this Policy and the amount expended for the alteration or improve. menl. The foregoing provisions shall not apply to COSIS and attorneys' fees incurred by Ihe Companies in proseculing or providing for the defense of aclions or proceedings in behalf of the Insured pursuant 10
apply to losses which do not exceed, in the aggre. Insured in such actions or proceedings, and shall not
gate. an amounl equal Io one per centum of the lace amounl of lhis Policy.
provisions shall not apply to any loss if, at the time Provided. however, lhat the foregoing coinsurance
of the occurrence of such loss, the then value of the premises, as so improved, does not exceed the amount of this Policy, and provided further thal the foregoing coinsurance provisions shall not apply to
Mortgage or Deed of Trust shown in Schedule B an insured owner of an indebtedness secured by a
prior 10 acquisition of title to said land in satiofac. tion of said indebtedness or any part thereof.
Schedule C is divisible inlo separate and noncon. (bl If Ihe land described or referred 10 in
tiguous parcels, or if contiguous and such parcels are not used as one single site, and a ioss is eslab. lished affecting one or more of said parcels but
pro rala basis as if the face amounl of this Policy
not 111. Ihe loss shall be computed and setlled on a
were divided pro rata as to the value on the date of this Policy of each separate independent parcel to Ihe whoie, exclusive of any improvements made sub. sequenl to Ihe dale of this Policy, unless a liability
such parcei by the Companies and the Insured at the or value has otherwise been agreed upon as to each
express statement herein or by an endorsement at. time of the issuance of this Policy and shown by an
tached herelo.
9. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Companies shall have settled a claim under this Policy, all right of subrogation shall vest
sured, and they shall be subrogated 10 and be en. in the Companies unaffecled by any act of the In.
tilled to all righls and remedies which the insured would have had against any person or property in respecl to such claim had this Policy not been issued.
sured, the Companies shail be subrogated to such If Ihe payment does no1 cover the loss of the In.
righls and remedies in the proportion which said payment bears to the amounl oi said loss. If loss should result from any act of Ihe insured, such act shall not vold lhis Policy, but the Companies, in thal event, shall be required to pay oniy thal part of any
the amounl, if any, lost 10 the Companies by reason losses insured againsl hereunder which shall exceed
of the impairmenl of Ihe right of subrogalion. The Insured, if requested by the Companies, shall trans. fer to the Companies ail rights and remedies againsl any person or property necessary in order lo perfecl such righl of subrogation, and shall permit the tom. panies to use the name of the Insured in any trans. action or litigation involving such righls or remedies.
10. POLICY ENTIRE CONTRACT
All actions or proceedings against the Companies musl be based on Ihe provisions of lhis Policy. Any Other action or actions or rights of action lhat the Insured may have or may bring againsl the Corn. panies shall be deemed IO have merged in this Policy and to be restricled to its terms and condilions. NO provision or condition of this Policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President. a Vice
other validating officer of each of Ihe Companies. Presidenl, the Secrelary. an Assistanl Secretary or
The Companies may take any appropriate action under Ihe terms of lhis Policy whether or not they shall be liable lhereunder and shall not thereby concede lis. bility or waive any provision of this Policy.
11. NOTICES, WHERE SENT
A11 notices required to be given the Companies and any Statement in writing required IO be furnished the Companies shall be addressed 10 them at San Diego, California.
the terms Of this Policy or to Cosls imposed on the
12. THE FEE SPECIFIED IN SCHEDULE A OF THIS
AND EXAMINATION AND FOR TITLE INSURANCE. POLICY IS THE TOTAL FEE FOR TIILE SEARCH
r .. ;..* . .
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~~~~~~~~~~~~,~,~,~~,,~~ c :, , ,
i ccL%%ug3[m Gm$ BrnD
2 The WOWT'S CLW OF CARISBAD, a corporation organized under tht
3 laws of the State of California, FOB A V&UiU3LE oONSIDXR.A!PpIOX, does
4 hereby GWI to the CITY OF CdBLSBAD, a. Municipal corporation, organize(
5 and existing under and by virtue of the lms of the State of California,
6 the real property in the City of Carlsbad, County of San Diego, State o!
7 California, aeacribd as:
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
A portion of Tsact 113 of' Casls'oaa hds, in the City of
Carlsba4, Count;g of San Diego, State of California, according to Ym? thereof, Bo, 1661, filed in the office of the county
Becorder of San Diego county, described as a whole as follows:
Beginning at the point of intersection of the Northwester:
line of the LkO foot unnamed street adjoining the S&&&asterIg
line of said Tract 113 with the Mortheastesly line of the land
described in Deed to the State of California, for a pu?Uc
highway, recorded December 31, 1951, in Book 4331, page 427
of Official &cords; thence North 23O 08' 50" West along said
Northeasterly line of $ai& State of California's land, 135
feet to the rnost Westerly corner of the land, described in Deed
to Edward P. Hmtley and wife D recorded. Jme 3 b 1953 D in Book 4.877$ page 427 of Official 3ecoras; thence continuing, Rmth
230 08' 50" West along said Eiortheasterly line 100 feet to the
true point of beginning; thence lesving said Northeasterly line
%rth 660 fjlr IOn East to a point in a line which is parallel
with and 786.45 feet Xortheasterly from the Southwesterly
boundaq line of said Tract 113; thence Harthwesterlg along sd
parallel line to a point in the xortbwester1y line of said Trac
113; thence Southwesterly along said Worthwesterly line to saia
Northeasterly line of said State of California's lmd above
referred to; thence along said Northeasterly line South 90 29'
West 35.99 feet to an angle point therein and South 230 08' 50" Xast to the true polrt of beginning.
RJGZEBVUG 'pIIER3FROM an easement and right of way for ingress
and egress for driveway purposesI to be used in common with
the graatees, over the Southeasterly 12 feet of the above
described property.
.iiJm
3kRC"L 2,
dk portion of Block 1 of Mull.'s addition to Carlsbad in
the City of Carlsbad, County of Sa3 Diego, State of California, according to Map thereof No. 514 filed in the office of the
County Becorder of San Diego Connty Idarch 22, I888 and that
portion of Lot 29 of $time Tract No, 2, in the City of carlsbac
County of Sari Diego, State of California, according to &,p them
No, 2151 filed in the office of the County Xesoraer of Sa
Diego County i%rch 4, 1929, described as a whole as 'folloGs:. ..
.I
.. -. . .- .' I ,& \& . FW
% 2 p@$
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Q
Beginning at a pint or. th5 Westerly line of said Lot 29
distance thereon Horth 00 52' West 175 feet fro% the South-
west corner of said Lot; th2nce South 00 52' East a distance
of 125 feet; thence along a line parallel with the Southerly line of said Lot 29 Sonth 890 05' 3ast e. distance of 78.lri
feet to a point on the center line of Eureka Place, said point
being the true point of begiming; thence retracing North
890 05' West along said garallel line a distance of 168.14
feet to an intersection with the Easterly line of that tract
of land cmveyed to Bartley Rooney by deed recorded in Book 862
page 189 of Deeds; thence along the Pasterly line of said Boon6
land I'orth 00 52' West a distance of 125 feet to as intersectic
with the Westerly prolongation of a line drawn ~arallel with
the Southerly line of said Lot 29 thru the point of beginning;
thence North 890 05' East along said prolongation and along
said pcrallel. line to an intersection with the Center line of
Eureka .Race; thence Southerly along said center line to the
true point of begiming,
XiGSEBVING TKiGEFRW and easement for ntility purposes over
any and all aforeszid Parcel 2, which easement shall be for
the sole use and benefit of the grantor herein.
IN VITI\;IE3SS WHXBOF, said corporation has caused its corporate
name and sed to be affixed hereto and this instrument to be executed by
ita President and Secretarr thereunto duly zuthorized.
DiiTEIb: !YSL w B
( S2&)
,.: .'1 , . ,._.
V0~~~'S CLUB OF CrnLSBBU
25
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27
28
29
30
31
32
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" A?+:, % F * IFT %
1 STAT3 OF CAIIImmIA:
2 GQUNTY OF sm DIEGO:
3
: ss.
2 1956, before me
ary hblic in and for 5 said Couaty and Stz persoaally appeared
6 - the President, and
7 to me to be tbe S=f the corporation
that executed the within instrument, and known 8 to me to be the persons who executed the within
instrument on behalf of the corporation therein
9 named, and acknowledged to me that such corpora-
tion executed the within instrument pursuant
Directors.
24. &- * known
~~LL .r. , known
lo to its Ify-b,ws or a Besolution of its Board of
11
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20
21
22
23
24
25
26
27
28
29
30
31
32 ..
-3 -
.% i
. ', " '- . .* v w .- ~ ara#r5%5 rn
1 &$WLWIbU
2
3 Fhs City CounclP of ths Cltg ob Carlobad does hereby relrolre
4 ar follows:
5 That the City r%mwr be authorbid, farttuatrd and elrpowerrd to take
6 appropriate aotion to sffsctoota tha exerhanl;bs 09 grogsftistar hereinafter eat fort]
7 and to aeeept and ncard fn the ar..m~ of the city of Gmlabad BL deed to the gro-
a
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pcrtier a@ hsrslrkaiter aut fwth:
That the CITY OF CWW ahall givn a des& to tlter WOW'S UJJ3 QP
CAFiESW, a corporation, for ..thar follow2nq; descr%bad propwrtiea:
PZlaClL g
A portion of BXock 1, !fWE"PfIEI$ WXTii the vacated otrsntm adjolaing
ostd Block l, in EmUS AWXTSCH TO W33Al3, in the City of Carlabad,
Cobty of' SPU Dis[;c, state of Crdifornia, aocordi~rlg fa %&I thereof, $0 5x4, filed En the officb of %ha County E%cOrBer of: &an Diego Cowty, 64
22, 1888, ehnd R portion Of 2ract 113 of mM%A.J Li@m, according to R thereof, Ma, 1661, filed in the office of the Coutty tlecordsr of San J)
County March 1, 1915, ly- within the followinc: described parcel of 11
Beginning at 61 point in the Northerly 3.h~ of mfd Block 1, d%eta.
thereon South 890 OsE Baal 90 feet iiw~ thr! intersection of ths hater'
proloxlg@tion of raid lortherly line with tbrs ilertrr3~ line of' the m-
named stBMt adJoiafng .aid Bbak 1, on the west, said EGxISfp t32' IL!drZ11yI
beiq also the ~orth~aata~l~ corner of the land de8criMd la dead to
Bartley bloomy by dead &%ted eat 24, 1921 and recorded in hok 863,
pa&& l@ of desdr; thence South Oa $2' gket along the hsterly line of
@a&& &onep lard bo H pairkt diptanti ttreseon 133 feet Bortherly from thc center line of Firet Avenue a8 raid rmmue fo uhown on wid Map go. 511
rruA3. point bel= the mu32 rOfNP UH WQI:@ISPG: theme oontfnufng Youth
Oo 52' %rt &ow raid Asraterlr line 133 feet to tr point in add cente
Ilne; thtsrrcw Berth 890 05' West do% irslfd amtsr line 9(3 feet to the
Ysstrrlp lint3 of raid tamam8 etmet bsd;)alalng raid Bloak 1 of Mull@
Adfditiopl to Cwlrabrid an the Weal; thenoat Horth Go $2' Weat along said Wnaterlp line 62.32 fret; more or ltwmb to an intersactton with (D line
whloh IP parallel uith and gOrthw%t3t@r1p 786.45 feet at ri@t angler fraw the 8fortheaetezly line af JPfiCh Street, add ~ortheasterl~ line o:
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31 th city cf CArlsrw*a bitu;nfcipal Corporatioa, %br tho boU,Qwicy: dsECr$'lac? pro-
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. - . . . . - - - . . . . w wLIIunllld LANU IilLt AU ON LIANDARD COVERAGE POLICY FOI COPYRIGHT 195C W -.
SECOND AVENUE AT BROADWAY . SAN DlEGO 12, CALIFORNIA
AND
dl nY
LOS ANGELES 54, CALIFORNIA
(HEREIN CALLED THE COMPANIES)
For a valuable consideration, paid for this
POLICY OF'TITLE INSURANCE
do hereby insure
Amount $ 3975.00
Fee S 44.00
Number 574123
City of Carlsbad
together with the persons and corporations included in the definition of "the insured' as set forth in the stipulation of this .policy, against loss or damage not exceeding Three Thousand Nine Hundred Sevent
1. Title to the land described in SCHEDULE C being vested, at the date hereof, otherwise than as herein
stated; or
2. Unmarketability, at the date hereof, of the title to said land 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
five------------------------------- dollars, which the insured shall sustain by reason o
to in SCHEDULE B; or
4. 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; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance
upon said land, except as shown in SCHEDULE B such mortgage or deed of trusi being'shown in the
order of its priority in PART TWO of SCHEDULE B;
all subject, however, to SCHEDULES A, 8, and C and the STIPULATIONS herein, all of which schedules and stipulation
are hereby made a part of this policy.
IN WITNESS WHEREOF, each of the Companies has caused its corporate name and seal to be hereunto affixed by its duly author.
ized officers, the day and hour set forth in SCHEDULE A hereof.
TITLE INSURANCE AND TRUST COMPANY UNION TITLE INSURANCE AND TRUST COMPANY By4ey ERNEST J. p LOEBBECKE, President BY
Attest &+ SSIS S cr ar .
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM '- I
" , .,*
3, v
FORM 821 11-54 (CLTA STANDARD COVERAGE) 0 , #I *-LLd L
4 ,
SCHEDULE A
On February 6, 1956 at 9 :OO o'clock, am, the til
the land described in SCHEDULE C is vested in:
City or" Carlsbad, a 14unicipal Corporation.
SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except 10
exfent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in Paragraphs I bered 4 and 5 on page 1 of this policy.
PART ONE: This part of SCHEDULE B refers to matters which, if any such exist, may affect the title to said land,
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 public 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 which are not shown by the public records.
3. 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 bysrnaking inquiry of persons in possession thereof
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, restrict-
ing,regulating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon,
or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership,
of any lot or parcel of land; or the effect of 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
said [and or to which said title is subject:
1. Any taxes, assessments or matters relative to Carlsbad Sanitary District, or any sub-district created within the boundaries thereof, unless such matters have become of public record in the County Records of San Diego County. Such taxe, and assessments are collected at same time and in same manne: as County taxes.
2. Any taxes, assessments or matters relative to Carlsbad Public Utility District unless such matters have become of public record in the County Records of San Diego County.
4
umiaDm Titne II~~~~~~~~ mal Trnnsu cornpamy
SAN DIEGO 12 2 CALIFORNIA
' I I FORM 818 11-54 1 w [CLTA STANDARD OR EXTENDED COVERAGE1 e' /-t.Lrj-J <
SCHEDULE B, PART TWO-Continued
Such taxes and assessments are collected at same time and in same manner as County taxes.
3. The rights of the public to use as a street that portion of the herein described property lying within Eureka Place,
4. The fact that the ownership of Parcel 1 herein descri' does not include the right of ingress to or egress from tha certain parcel of land granted to the State of California b: deed from Hattie Bell Tillman and Robert C. Tillman, wife a: husband, dated October 31, 1951, recorded December 31, 1951 in Book 4331, page 427 of Official Records, said rights having been relinquished by said deed.
5. An easement over the Easterly 6 feet of Parcel 1 herei described for transmission and distribution of electricity and incidental purposes, as granted to San Diego Gas & Elec't Company by deed recorded March 14, 1952 in Book 4403, page 599 of Official Records.
6. An easement and right of way over Parcel 1 herein described for ingress and egress for water pipe line purposc over a strip of land 2 feet in width, the Westerly line of said strip of land being ciescribed as follows: Beginning at the point of intersection of the Souther1 line of the said land with a line which is parallel with and Northeasterly 15 feet at right angles from the Southwesterly line of said land; thence North 23O08* 5Ol' West along said parallel line to a line which bears North 66°51'10t1 East from a point in the Southwesterly line of said land distant thereon South 23°08t50" East 7.00 feet from an angle point therein; thence Northeasterly in a straight line to the most Northerly corner of said land. Said easement begins in said Southerly line of said land and ends in the Northwesterly an( Northeasterly lines of said land, and incidental purposes as reserved by Robert C. Tillman and Hattie Bell Tillman, hus- band and wife, in deed recorded March 11, 1955 in Book 5563, page 258 of Official Records.
7. An easement over the Southeasterly 12 feet of Parcel 1 herein described for ingress and egress for driveway purpose: and an easement over all of Farce1 2 herein described for ,/utility purposes as reserved by Woman's Club of Carlsbad, a California Corporation, by deed recorded February 6, 1956, under Recorder's File No. 1574-5. 4
IIJ~S~~ Titne I~~~~~~~~ mnd TTUQSU cornpamy
SAN DIEGO 12 3 CALIFORNIA
e'd-owner 1
,I +
FORM 822 11-54 (CLTA STANDARD OR E XTENDED COVERAGE1 @123-4 *
SCHEDULE C
Description of land, title to which is insured by this policy:
PARCEL 1:
City of Carlsbad, County of San Diego, State of California< according to Map thereof, No. 1661, filed in the office of the County Recorder of San Diego County, described as follows : Beginning at the point of intersection of the North- westerly line of the 40 foot unnamed street adjoining the Southeasterly line of said Tract 113 with the Northeasterl: line of the land described in Deed to the State of Califom for a public highway, recorded December 31, 1951, in Book 4331, page 427 of Official Records; thence North 23°08f50tf West along said Northeasterly line of said State of Calif01 land, 135 feet to the most Westerly corner of the land described in Deed to Edward P. Xuntley and wife, recorded June 3, 1953, in Book 4877, page 4-27 of Official Records; thence continuing Rorth 23°081501t West along said North- easterly line LOO feet to the true point of beginning; thej leaving said Northeasterly line bTorth 66°51t101t East to a point in a line which is parallel with and 786.45 feet Nor. easterly from the Southwesterly boundary line of said Trac 113; thence Northwesterly along said parallel line to a PO. in the Northwesterly line of said Tract 113; thence South- westerly along said Northwesterly line to said Northeaster: line of said State of Californials land above referred to; thence along said Northeasterly line South 9O29' West 35.9' feet to an angle point therein and South 23°08f50" East to the true point of beginning.
PARCEL 2: That portion of Block 1 of Mull's Addition to Carlsb; in the City of Carlsbad, County of San Diego, State of Cal fornia, according to Map thereof No. 514 filed in the Offi of the County Recorder of San Diego County March 22, 1888 and that portion of Lot 29 of Optimo Tract No. 2, in the C of Carlsbad, County of San Diego, State of California, accl ing to Map thereof No. 2151 filed in the Office of the Cou Recorder of San Diego County, March 4, 1929, described as whole as follows: Beginning at a point on the Westerly line of said Lo distance thereon North 0°52* Mest 175 feet from the Southw .corner of said Lot; thence South 0°52' East a distance of feet; thence along a line parallel with the Southerly line said Lot 29 Sozth 89O05' East a distance of 78.14 feet to
That portion of Tract 113 of Carlsbad lands, in the
4
umimm Titne ~lr~~~~~~~~ amd Trust campay
SAN DIEGO 12 CALIFORNIA 4
. ' ' FORM 624 11-54 , w ICLTA STANDARD COVERAGE1 @ "
SCHEDULE C-Continued
point on the center line of Eureka Place, said point being the true point of beginning; thence retracing North 89O0Sf West along said parallel line a distance of 168.14 feet to an intersection with the Easterly line of that tract of lanL conveyed to i3artley Rooney by deed recorded in Book 863, pag 189 of Deeds; thence along the Easterly line of said Rooney land North 0°52' West a distance of 125 feet to an intersect with the Ides'cerly prolongation of a line drawn parallel with the Southerly line of said Lot 29 through the point of begir ing; thence South 89°05f East along said prolongation and al said parallel line to an intersection with the center line of Eureka Place; thence Southerly along said center line to the true point of beginning.
PARCEL 3: An easement and right of way for ingress and egress fc driveway purposes over a strip of land 15 feet wide in Block and the unnamed street now located adjoining said Block 1 on the West in Mulls Addition to Carlsbad, in the City of Carls County of San Diego, State of California, according to Map thereof No. 514, filed in the office of the County Recorder of San Diego County, March 22, 1888 and Tract 113 of Carlsba Lands in said City according to Map thereof No. 1661 filed in the office of the County Recorder of San Diego County, March 1, 1915, the Xortherly line of said 15 foot strip bein described as follows:
Block 1 which is distant thereon South 89O05' East 90 feet from the intersection of the Westerly prolongation of said Northerly line with the Westerly line of the said unnamed street adjoining said Block 1 on the West, said point of beginning being also the Northeasterly corner of the land described in deed to Bartley Rooney by deed dated August 24, 1921, and recorded in Sook 863, page 189 of Deeds; thence along the Easterly line of said Rooney's land South 0°52' East to a point which is distant thereon 133 feet Northerly from the center line of First Avenue as said Avenue is shown on Map No. 514 being the true point of beginning of thl herein described Northerly line; thence parallel with said center line North 89O05' West to a line which is parallel with and 786.45 feet Mortheasterly from the Southwesterly line of said Tract 113 of Carlsbad Lands, said 15 foot strip beginning in the Easterly line of Rooney's land and ending in said parallel line last above mentioned.
Beginning at a point in the Northerly line of said
4
TUrmiaDm T&? Ilrmsnnramc@ amd TIUSU cornpamy
SAN DIEGO 12 - . ,_ CALIFORNIA c' J
.* . 4, 'r e J .
FORM 323 11-54
UNION TITLE INSURANCf
AND TRUST COMPANY OR EXTENDED COVERAGE POLICY FORM COPYRIGHT CALIFORNIA LAND TlTlE ASSOCIATION STANDARD, EAS
1. SCOPE OF COVERAGE
This policy does not insure against, and the Corn.
panies will not be liable for loss or damage cre.
ated by or arising out of any of the following:
ters which result in no pecuniary loss to the insured; la1 defects, liens, claims, encumbrances, or other mat.
created or occurring subsequent to the date hereof; lbl defects, liens, encumbrances, or other matters
IC) defects, liens, encumbrances, or other matters
or damage; or Id1 defecls, liens, claims, encum.
created or suffered by the insured claiming such loss
brances, or other matters existing at the date of this policy and kno7wn to the insured claiming such loss or damage, either at the date of this policy or at the date such insured tlaimanl acquired an estate or interest insured by this policy, unless such defect, lien, claim, encumbrance or other matter shall have been disclosed to the Companies in writing 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 Companies against a named insured shall be equally available against any person or corporalion who shall become an insured hereunder as successor of such named insured.
2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS OR
,The Companies at their own cost shall defend the insured in all litigation consisting of actions or proceedings against the insured, or defenses, re. straining orders, or injunctions interposed against a foreclosure or sale of said land in satisfaction of any indebtedness, the owner of which is insured by this policy, which litigation is founded upon a de-
fect, 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 knowa 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 Companies shall
or may be liable by virtue of this policy, such in-
sured shall notify the Companies thereof in writing. If such notice shall not be given to the Companies
such litigation, or if such insured shall not, in at least two days before the appearance day in any
writing, promptly notify the Companies of any de.
against, or of any such adverse claim which shall fect. lien, encumbrance, or other matter insured
to which loss or damage is apprehended, then all come to the knowledge of such insured, in respect
such knowledge shall cease and terminate; provided, liability of the Companies as to each insured having
however, that failure to SO notify the Companies shall in no case prejudice the claim of any insured
unless the Companies shall be actually prejudiced by such failure. The Companies shall have the right to institute and prosecute any action or proceeding or do any other act which, in their opinion, may be
insured lien or charge, as insured. In all cases necessary or desirable to establish the title, or any
where this policy permits or requires the Companies
to prosecute or defend any action or proceeding, the insured shall secure to them in writing the right to so prosecute or defend such action or proceeding. and all appeals therein, and permit them to use, at their option, the name of the insured for such pur-
sured shall assist the Companies in any such action pose, Whenever requested by the Companies the in.
or proceeding, in effecting settlement, securing evi. dence, obtaining witnesses. prosecuting or defending
such manner as is deemed desirable by the Cam. such action or proceeding, to such extent and in
sured for any expense so incurred. The Companies panies. and the Companies shall reimburse the in.
CLdlMS TU BE GIVEN BY THE INSURED
STIPULATIONS
shall be subrogated to and be entitled to all costs
and attorneys' fees incurred or expended by the
Companies which may be recoverable by the insured in any litigation carried on by the Companies on be-
half of the insured. The word "knowledge" in this
paragraph means actual knowledge, and does not refer to constructive knowledge or notice which may be imputed by the public records.
3. NOTICE OF LOSS. LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Companies are liable under
this policy shall be furnished to the Companies within
sixty days after such loss or damage shall have been ascerlained. No attion or proceeding /or the
recovery of any such loss or damage shall be in. stituted or maintained against the Companies until 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 Companies of such written statement.
4. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS
The Companies reserve 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
hereunder to pay, shall terminate all liability of
accrued costs which the Companies are obligated
the Companies hereunder, including all obligations
of the Companies with respect to any litigation pend.
ing and subsequent costs thereof.
5. SUBROGATION UPON PAYMENT OR SETTLEMENT
Vihenever the Companies shall have settled a claim under this policy, they shall be subrogated to and
be entitled to all rights, securities, and remedies
which the insured would have had against any per- son or property in respect to such claim, had this
the loss of the insured, the Companies shall be policy not been issued. If the payment does not cover
subrogated to such rights, securities, and remedies
amount of said loss. In either event the insured in the proportion which said payment bears to the
shall transfer, or cause to be transferred, to the Companies such rights, securities, and remedies,
and shall permit the Companies to use the name of the insured in any transaction or litigation involving
such rights, securities, or remedies.
6. OPTION TO PAY INSURED OWNER OF INDEBTED. NESS AND BECOME OWNER OF SECURITY
The Companies have the right and option, in case
owner of an indebtedness secured by mortgage or
any loss is claimed under this policy by an insured
deed of trust, to pay such insured the indebtedness
of the mortgagor or trustor under said mortgage or deed of trust, together with all costs which the Companies are obligated hereunder to pay, in which case the Companies shall become the owner of, and such insured shall at once assign and transfer to the Companies, said mortgage or deed of trust and
shall terminate all liability under this policy to the indebtedness thereby secured, and such payment
such insured.
7. PAYMENT OF LOSS AND COSTS OF LITIGATION. INDORSEMENT OF PAYMENT ON POLICY
sured against by this policy, all costs imposed upon The Companies will pay, in addition to any loss in.
the insured in litigation carried on by the Com. panies for the insured, and in litigation carried on by the insured with the written authorization of the Companies, but not otherwise. The liability of the Companies under this policy shall in no case exceed,
6
in all, the actual loss of the insured and
which the Companies are obligated hereunc pay, and in no case shall such total liabilil
ceed the amount of this policy and said cost
payments under this policy shall reduce the a
damage to an insured owner of indebtedness
of the insurance pro tanto, and payment of I(
reduce, to that extent, the liability of the panies to the insured owner of said land. No ment may be demanded by any insured withou
ducing this policy for indorsement of such pay
8. MANNER OF PAYMENT OF LOSS TO INSURE,
Loss under this policy shall be payable, fir,
gage or deed of trust shown in Schedule I any insured owner of indebtedness secured by
order of priority therein shown, and if such o ship vests in more than one, payment shal
pear, and thereafter any loss shall be payabl made ratably as their respective interests ma)
the other insured, and if more than one, the such insured ratably as their respective interests appear. If there be no such insured owner of in
edness, any loss shall be payable to the ins and if more than one, to such insured ratabl
their respective interests may appear,
9. DEFINITION OF TERMS
The following terms when used in this c mean:
tions named as insured on page one of this PO
la1 "named insured": the persons and cor1
Ib) "the insured": such named insured togt with I11 each successor in ownership of any
debtedness secured by any mortgage or deec
debtedness is named herein as an- insured, I21 trust shown in Schedule B. the owner of whict
such owner or successor in ownership of any
indebtedness who acquires the land describe1 Schedule C or any part thereof, by lawful mear satisfaction of said indebtedness or any part tt of, (31 any governmental agency or instrument acquiring said land under an insurance contracl guarantee insuring or guaranteeing said indeb ness or any part thereof, and 141 any person corporation deriving an estate or interest in ~ land as an heir or devisee of a named insured by reason of the dissolution, merger, or consol tion of a corporate named insured;
Icl "land": the land described specifically or
thereto which by law constitute real property.
reference in Schedule C and improvements affl
specified in the first line of Schedule A lun (dl "date": the exact day, hour and mir
the context clearly requires a different meanir
le1 "taxing agency": the State and each cou city and county, city and district in which said li or some part thereof is situated that levies taxes assessments on real property; lfl "public records": those public records whi under the recording laws, impart constructive not of matters relating to said land.
10. WRITTEN INDORSEMENT REQUIRED TO CHAL
No provisiol; or condition of this policy can
or attached hereto signed by the President, a V waived or changed except by writing indorsed her1
of each of the Companies. President, the Secretary, or an Assistant Secret
11. NOTICES, WHERE SENT
All notices required to be given the Companies a any statement in writing required to be furnish the Companies shall be addressed to them at 10 Second Avenue, San Diego, California.
POLICY
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