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HomeMy WebLinkAbout; |Carlsbad Senior Center|Carlsbad Unified School District Admin Offices|; 89-569736; PropertyI( '* I @ i. 0673 e, * $9 5G9?36 .* 'mRDED * sT OF fIRb'I AMERICAN rlnE co. RECORDED IN Cp-7 ! .s +$-, I. \a 1 OFFICIAL RECORq OF SAN DIEGO COUNTY, CA. WHEN RECORDED, MAIL TO: 1 CITY CLERK 1 CITY OF CARLSBAD 1 ~eoum VERA L. RECOROERt LYLE 1200 Elm Avenue 1 Carlsbad, CA 92008 1 1 1989 0 CT 2 0 AM 8:OO. 1 1 NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ~~~~ ~ THE PURPOSE OF RECORDING THIS DEED IS TO CORRECT THAT CERTAIN GRANT DEED RECORDED JUNE 20, 1989 AS INSTRUMENT NO. 324604 GRANT DEED Assessor's Parcel NO. 204-100-04 Project: City of Carlsbad Senior Center and Carlsbad Unified School District Administrative Offices FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CARLSBAD UNIFIED SCHOOL DISTRICT, does hereby grant, bargain, convey and release unto the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, th real property in the City of Carlsbad, County of San Diego, State o California, herein described as: That portion of Record of Survey Map ??a. 11940, in ths Ciky cf Carlsbad County of San Diego, State of California, filed in the office of the Count Recorder of San Diego County, October 6, 1988 as File No. 88-569715 c official records, shown as "AREA = 3.31 A.C. II on said Record of Survey MaE more specifically described as follows: Beginning at the Northerly corner of Lot 17, Block 59 of Map of Carlsbs Highlands in the Town of Carlsbad, County of San Diego, State of Californie according to Map thereof No. 1661 filed in the office of the recorder c said County on March 1, 1915; thence proceeding South 34O33' East along tk Westerly line of said Block 59, a distance of 129.7 feet; thence Sout 55 27'35l' West a distance of 169.2 feet; thence South 34 33' East a distanc of 100.gofeet; thence South 55°27'3511 West a distance of 201.8 feet; thenc South 34 33' East a distance of 116.8 ofeet; thence South 55 27'35'' West distance of 7.80 feet; thence South 34 33' East a distance of 169.2 feet thence South 55 27'35'' West a distance of 141.1 feet $0 the Westerly lir of Lot 18 Block 45, of said Map 1661; Thence North 34 33' West along sa: Westerly line a distance of 516.6 feet to t'e Westerly corner of Lot 17, ( Block 46 of said Map 1661; thence North 55 2713511 East along the souther: Right-of-way line of Pine Drive as shown on said M 61 a distance ( 519.93 feet to the Point of Beginning. 0 ., .' s *. 0 j 0674 0 As delineated in attached Exhibit ItAlt acquisition plat incorporated b reference herein. Dated OGfy! 14 89 BY ;k,cM,(Tb J. Edward Switzer r. Prdsident, Board f Trustees Carlsbad Unified School District .. c STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO ) ) ss: 1 \ On , 1989, before me, the undersigned, a Notary Public i and for said County and State, personally appeared J. EDWARD SWITZER, JR. personally know to me (or proved to me on the basis of satisfactor evidence) to be the person whose name is subscribed to the within instrumer b and acknowledged to me that he executed the same. * WITNESS my hand and official seal. Notary Public t t , s q GOVERNMENT CODE 27361.7 .. .-. , 1 certify under the penalty of perjury that the not&- seal on the document to which this statement is attached, reads as' follows: N Nm OF NOTARY '/,& v:b 80, /hi\ \& L 11 t, cq V?? { DATE COMMISSION EXPIRES-/bP+"; I 1 IYq';. COUNTY ME- BOND 1s FImD !lAm Pip40 [ab'mtv ' ~ ./ PLACE OF EXECUTION c / 8 fi jq x31 TG7 ?> e i\l4* DATL iolq /fq .. . ,- . * 4" ._ T: ;:..,#44 .. i f - i e. *- -4 i;. . $i signature, and firm name ..I. I i , , \,? " /j ,I /; :ib ih ., I_- >;;\&? 2ir ; Ub$27&&Ak ,- FY'c&,flr il J 4 I' . i 1; " STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On October 9 , 19 89, before me, the undersigned, a Notary Public in and for said State, personallyappeared J. EDWARD SWITZER, JR. 9 x personally known to me - proved to me on the basis of satisfactory evidence Board of Trustees to be the President of Carlsbad Unified School District , and known to me to be the person who executed the within instrument on behalf of said public corporation, agency, or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. WITNESS my hand and official seal. Signature I-. Anita M. Williams 'Name (typed or printed) ~. .I VI IA t :! c 3; 5 fi pi 4 "I L ;f 5 Bf f0 n -1 ? *i C3 z - c 9 3 5 .< I AE 9 m OF 8s g0LgZ $0 L f %&%a 52 OW "- Ob &a 3 9 "" wz cow 0' 0 v) m a v) d < 0 *, 'I *I * v ,. 0676 @ CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated October 9, 1989, from the Carlsbad Unified School District to the City of Carlsbad Housing and Redevelopment Commission, a Municipal Corporation, is hereby accepted by the Housing and Redevelopment Corporation pursuant to Resolution No. 101, adopted on April 5, 1989, and the grantee consents to the recordation thereof by its duly authorized officer . DATED: October 18, 1989 By : u ,/ ALETHA L. RAU J' :-v EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' ft expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restri regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvr now or hereafter erectedon the land; (iii) aseparation in ownership or a change in the dimensions or areaof the land or any parcel of which thl is or was a part; or (iv) environmental protection, or the effect off any violation of these laws, ordinances or governmental regulations, except i extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from aviolation or alleged violation affe the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, li encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value wi, knowledge. (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writi (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been suslained if the insured claimant had paid value for the estate or interest ins 3. Defects, liens, encumbrances, adverse claims or other matters: T'l the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; by this policy. CONDITIONS AND STIPULATIONS . DEFINITION OF TERMS. the basis of loss or damage and shall state, to the extent possi- (b) lntheevent of any litigation, including litigati he following terms when used in this policy mean: ble, the basisof calculating the amount of the loss or damage. the Company or with the Company's consent, the Com ubjecttoanyrightsordefensestheCompanywouldhavehad claimant to provide the required proof Of IOSS Or damage, the a final determination by a Court Of Competent jurisdil (a) "insured': the insured named in Schedule A, and, If the Company is prejudiced by the failure Of the insured shall have no liability for IOSS or damage until there has gainst the named insured, those who succeed to the interest Company's obligations to the insured under the policy shall and disposition Of ail appeals therefrom, adverse to thc fthe named insured byoperationoflawasdistinguishedfrom terminate, including any liability orobligation to defend, pros- as insured. Jrchase including, but not limited to, heirs, distributee$, ecute, or continue any litigation, wlth regard to the matter or (c) The Company shall not be liable for loss or dam: evisees, survivors, personal representatives, next of kin, or matters requiring such Proof of loss 01 damage. any insured for liability voluntarily assumed by the in5 lrporate or fiduciary successors. In addition, the insured claimant may reasonably be re- in settling any claim or suit without the prior written con (b) "insured claimant": an insured claiming loss or quired to submit to examination under oath by any authorized Of the Company. amage. (c) ''knowledge" or "known": actual knowledge, not tion, inspection and copying, at such reasonable times and 10. REDUCTION OF INSURANCE; REDUCTION OR mstructive knowledge or notice which may be imputed to an Placesas may be designated by any authorized representative TERMINATION OF LIABILITY. lsured by reason of the public records as defined in this policy of the company, all recordsl booksv ledgers, checks, corre- All payments under this policy, except payments n i any other records which impart constructive notice of mat- spondence and memoranda whether bearing a date before Or for costs, attorneys' fees and expenses, shall reduce !rs affecting the land. after Date of Policy, which reasonably pertain to the loss or amount of the insurance pro tanto, \), and improvements aff ixed thereto which by law constltute tive of the ComPany, the i~red claimant shall grant its Per- 11. LIABILITY NONCUMULATIVE. (d) "land: the land described or referred to in Schedule damage. Further, if requested by any authorized represents- ;a1 property, The term "land" does not include any property mission, in Writing, for any authorized representative Of the eyond the hIeS Of the area described or referred to in Company to examine, inspect and c0pY all records, books, under this policy shall be reduced by any amount the ( It is expressly understood that the amount of insur; chedule (A), nor any right, title, interest, estate or easement ledgers, checks, correspondence and memoranda in the cus- pany maypayunderanypolicyinsuringamortgagetow I abutting streets, roads, avenues, alleys, lanes, ways or todY Or control of a third Party, which reasonably Pertain to the 'ntep,yays, buf nothing herein shall modify or limit the extent IOSS Or damage. All information designated as confidential by exception is taken in Scheduk Bor to which the inSurec which a right of access to and from the land is insured by the insured claimant provided to the Company pursuant to this agreedl assumed' Or taken subiect' Or which is here' is policy. Section shall not be disclosed to others unless, in the reason- executed by an insued and which is a charge Or lien O' (e) "mortgage": mortgage, deed of trust, trust deed, or able judgment of the company, it is necessary in the adminis- estate Or interest described Or referEd to in SchedukA her security instrument. tration of the claim. Failure of the insured claimant to submit $i~~~~~~~n~,'~~~~~~ deemed a payment under (9 "public records": records established under state for examination under oath, produceother reasonably request- atutes at Date of Policy for the purpose of imparting con- ed information or grant Permission to Secure reasonably 12. PAYMENT OF LOSS. iuctive notice of matters relating to real property to pur- necessary information from third parties as required in this asers for value and without knowledge. With respect to paragraph, unless prohibited by law or governmental regula- (a) No payment shall be made without producing ;ction I(a)(iv) of the Exclusions From Coverage, "public tion, shall terminate any liability Of the Company under this policy for endorsement ofthe paymen tunless the policy :ords"shall also include environmental protection hens filed Policy as to that claim. been lost or destroyed, in which case proof of loss or dest therecordsoftheclerkoftheUnitedStatesdistrictcourtfor tion shall be furnished to the satisfaction of the Cornp, e district in which the land is located. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; (b) When liability and the extent of loss or dam (9) "unmarketability of the title": an alleged or apparent TEF"ATlON OF LIABILITY. has been definitely fixed in accordance with these Condit Wr affecting the title to the land, not excluded or excepted lncaseof aclaim under this policy, the Company shafl ham, 30 daJs thereafter, aad Stipulations, the loss or damage shall be payable wi Nll coverage, which would entitlea purchaser of the estate or the following additional options: :erest described in Schedule A to be released from, the (a) TO Pay or Tender Payment'of the Amount of 13. SUBROGATION UPON PAYMENT quirin,g'the delivery of marketable title. ligation to purchase by vlrtue of a contractual condltlon Insurance. To pay or tender payment of the amount of insuranc CONTINUATION OF INSURANCE AFTER der this policy together with any costs, attorneys' fees an * Whenever the Company shall have settled and pa (a) The Company's Right of Subrogatiog. I . CONVEYANCE OF TITLE. authorized by the Company, up to the time of payment or ten- claim under this POliCY, all right of subrogation shall ves xpenses incurred by the insured claimant, which were The coverageof this policy shall continue in force as of Date der.Of Payment and which -^ the Company ._ ~. is .- obligated f0.PaY. the~~m,~~~~n.a~e~~~"by~~~~~t,~~"tth_eI",s,uuIe~.~!a~~ representativeof the Company and shall produce for examina- 6 OR SETTLEMENT. AMOUNT OF INSURANCE $1,580,000.00 POLICY NO. 977134-10 PREMIUM $3,563.00 DATE OF POLICY: OCTOBER 20, 1989 AT 8:OO A.M. 1. NAME OF INSURED: THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION 2- THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS : FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: SEE EXHIBIT Irl" ATTACHED HERETO PAGE 1 FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS e 1, <I ORDER NO. 977134-10 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF : PART ONE: 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, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT SHOWN BY THE PUBLIC RECORDS. PART TWO: 1. AN EASEMENT WITHIN THE EXTERIOR 5 FEET FOR UNSPECIFIED PURPOSES AND INCIDENTAL PURPOSES AS SHOWN ON THE MAP OF SAID TRACT. 2. AN EASEMENT TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, REMOVE AND RENEW SANITARY SEWERS AND STORM DRAINS AND APPURTENANT STRUCTURES IN, UPON, OVER AND ACROSS THE STREET OR PART THEREOF, HEREIN PROPOSED TO BE VACATED, AND SUBJECT TO THE FURTHER RESERVATION OF ANY EXISTING FRANCHISES OR RENEWALS THEREOF, OR OTHERWISE, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, REMOVE, RENEW AND ENLARGE LINES OF PIPE, CONDUITS , CABLES , WIRES, POLES AND OTHER CONVENIENT STRUCTURES, EQUIPMENT AND FIXTURES FOR THE OPERATION OF GAS PIPELINES, TELEGRAPHIC AND TELEPHONE LINES AND FOR THE TRANSPORTATION OR DISTRIBUTION OF ELECTRICAL ENERGY, PETROLEUM AND ITS PRODUCTS, WATER AND INCIDENTAL PURPOSES, INCLUDING THEIR PAGE 2 FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 977134-10 ACCESS AND THE RIGHT TO KEEP THE PROPERTY FREE FROM INFLAMMABLE MATERIALS AND WOOD GROWTH AND OTHERWISE PROTECT THE SAME FROM ALL HAZARDS AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JUNE 24, 1957 IN BOOK 6633, PAGE 230 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF SAID LAND LYING WITHIN CHESTNUT AVENUE, VACATED. 3. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY BY INSTRUMENT RECORDED FEBRUARY 18, 1957 IN BOOK 6956, PAGE 134 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF CHESTNUT AVENUE LYING SOUTHERLY OF AND ABUTTING THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, BLOCK 60; THENCE EASTERLY TO THE POINT OF TERMINATION AT THE SOUTHEASTERLY CORNER OF LOT 32, BLOCK 60, AS SAID LOTS, BLOCK AND AVENUE ARE SHOWN ON MAP NO. 775 OF CARLSBAD SUBDIVISION, FILED FOR RECORD ON FEBRUARY 15, 1894 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON THE NORTHERLY 10 FEET OF SAID PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 4. AN EASEMENT FOR PUBLIC STREET AND HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED MARCH 23, 1971 AS FILE NO. 55351 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF CHESTNUT AVENUE VACATED BY RESOLUTION NO. 265 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ON JUNE 4, 1957 AND RECORDED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON JUNE 4, 1957 AS DOCUMENT NO. 93386, TOGETHER WITH A PORTION OF TRACT 110, CARLSBAD LANDS, MAP NO. 1661 AND PORTIONS OF LOTS 16 AND 17, BLOCK 61, TOWN OF CARLSBAD, MAP NO. 775, ALL WITHIN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, CONTAINED WITHIN THE FOLLOWING DESCRIBED PARCELS OF LAND: PARCEL "A" A STRIP OF LAND 80.00 FEET WIDE, LYING 40.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF CHESTNUT AVENUE AND HARDING STREET (FORMERLY FIFTH STREET) AS SHOWN ON PAGE 3 e *, FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 977134-10 SAID MAP NO. 775; THENCE SOUTH 55'27' WEST, 39.95 FEET ALONG A PROLONGATION OF THE CENTER LINE OF CHESTNUT AVENUE TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF HARDING STREET, SAID LINE BEING ALSO THE EASTERLY LINE OF CHESTNUT AVENUE VACATED, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55"27 WEST, 299.90 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET (FORMERLY FOURTH STREET) , SAID LINE BEING ALSO THE WESTERLY LINE OF CHESTNUT AVENUE VACATED; THE NORTHERLY AND SOUTHERLY LINE OF SAID 80.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON THE WESTERLY RIGHT OF WAY LINE OF HARDING STREET AND THE EASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET. PARCEL l'Bl' A SPANDREL PARCEL OF LAND IN SAID TRACT 110, CARLSBAD LANDS, MAP NO. 1661, BOUNDED AS FOLLOWS : ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE OF HARDING STREET (FORMERLY FIFTH STREET) ; ON THE SOUTH BY THE NORTHERLY LINE OF THE 80.00 FOOT STRIP OF LAND DESCRIBED IN PARCEL IIA1l; AND ON THE NORTHWEST BY THE ARC OF AN 18.05 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND TANGENT TO SAID WESTERLY RIGHT OF WAY LINE OF HARDING STREET AND TO THE NORTHERLY LINE OF SAID 80.00 FOOT STRIP. PARCEL "C" A SPANDREL PARCEL OF LAND IN SAID LOT 17, BLOCK 61, TOWN OF CARLSBAD, MAP NO. 775, BOUNDED AS FOLLOWS: ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE OF HARDING STREET; ON THE NORTH BY THE SOUTHERLY LINE OF THE 80.00 FOOT STRIP OF LAND DESCRIBED IN PARCEL "A"; AND ON THE SOUTHWEST BY THE ARC OF AN 18.05 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY AND TANGENT TO SAID WESTERLY RIGHT OF WAY LINE OF HARDING STREET AND TO THE SOUTHERLY LINE OF SAID 80.00 FOOT STRIP. PARCEL "D" A SPANDREL PARCEL OF LAND IN SAID LOT 16, BLOCK 61, TOWN OF CARLSBAD, MAP NO. 775, BOUNDED AS FOLLOWS: ON THE WEST BY THE EASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET; ON THE NORTH BY THE SOUTHERLY LINE OF THE 80.00 FOOT STRIP OF LAND DESCRIBED IN PARCEL rrAll; AND ON THE SOUTHEAST BY THE ARC OF A 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY AND PAGE 4 e ', k. FC@M 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 977134-10 TANGENT TO SAID EASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET AND TO THE SOUTHERLY LINE OF SAID 80.00 FOOT STRIP. 5. A SITE LEASE, DATED MAY 1, 1976, UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. LESSOR: CARLSBAD UNIFIED SCHOOL DISTRICT LESSEE : CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATIONAL RECORDED : JUNE 10, 1976 AS FILE NO. 76-178445 OF OFFICIAL FACILITIES CORPORATION RECORDS AFFECTS A PORTION OF BLOCK 59 HEREIN DESCRIBED. 6. A FACILITY LEASE, DATED MAY 1, 1976, UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. SUBLESSOR: CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATIONAL SUBLESSEE: CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED: JUNE 10, 1976 AS FILE NO. 76-178446 OF OFFICIAL FACILITIES RECORDS AFFECTS A PORTION OF BLOCK 59 HEREIN DESCRIBED. 7. AN INDENTURE, DATED MAY 1, 1976, REGARDING CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATIONAL FACILITIES CORPORATION BONDS AND $1,201,000 SERIES OF 1976 BONDS, UPON THE TERMS AND CONDITIONS THEREIN PROVIDED. EXECUTED BY AND BETWEEN: CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATIONAL FACILITIES CORPORATION AND UNITED CALIFORNIA BANK OF OFFICIAL RECORDS RECORDED: JUNE 10, 1976 AS FILE NO. 76-178447 AFFECTS A PORTION OF BLOCK 59 HEREIN DESCRIBED. 8. THE FACT THAT LOTS 9 AND 10, BLOCK 59, HEREIN DESCRIBED WERE CONVEYED TO THE CARLSBAD UNIFIED SCHOOL DISTRICT BY TAX DEEDS RECORDED MARCH 15, 1940 IN BOOK 998, PAGE 473 AND FEBRUARY 13, 1958 IN BOOK 6949, PAGE 52, BOTH OF OFFICIAL RECORDS. 9. THE DIRECTOR OF GENERAL SERVICES OF THE STATE OF CALIFORNIA HEREBY CERTIFIES THAT THE STATE OF CALIFORNIA HAS AN INTEREST BY VIRTUE OF FUNDS APPORTIONED UNDER THE STATE SCHOOL BUILDING AID LAW OF 1952 (CH. 10, DIV. 14, ED. CODE) IN REAL PROPERTY OF THE FOLLOWING NAMED SCHOOL DISTRICT: NAME OF SCHOOL DISTRICT: CARLSBAD UNIFIED PAGE 5 0 *. *. FORM 1402 ALTA OWNER'S POLICY WESTERN R-EGIONAL EXCEPTIONS ORDER NO. 977134-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF RECORD OF SURVEY MAP NO. 11840, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 6, 1988 AS FILE NO. 88-569715 OF OFFICIAL RECORDS, SHOWN AS "AREA = 3.31 A.C." ON SAID RECORD OF SURVEY MAP, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF LOT 17, BLOCK 59 OF MAP OF CARLSBAD HIGHLANDS IN THE TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661 FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON MARCH 1, 1915 ; THENCE PROCEEDING SOUTH 34 "33 I EAST ALONG THE WESTERLY LINE OF SAID BLOCK 59, A DISTANCE OF 129.7 FEET; THENCE SOUTH 55"27 f 35" WEST A DISTANCE OF 169.2 FEET; THENCE SOUTH 34'33' EAST A DISTANCE OF 100.9 FEET; THENCE SOUTH 55"27'35" WEST A DISTANCE OF 201.8 FEET; THENCE SOUTH 34'33: EAST A DISTANCE OF 116.8 FEET: THENCE SOUTH 55'27'35:: WEST A DISTANCE OF 7.8 FEET: THENCE SOUTH 34'33 I EAST A DISTANCE OF 169.2 FEET; THENCE SOUTH 55"27 f 35:: WEST A DISTANCE OF 141.1 FEET TO THE WESTERLY LINE OF LOT 18 BLOCK 45, OF SAID MAP NO. 1661; THENCE NORTH 34"33' WEST ALONG SAID WESTERLY LINE A DISTANCE OF 516.6 FEET TO THE WESTERLY CORNER OF LOT 17, OF BLOCK 46 OF SAID MAP NO. 1661; THENCE NORTH 55'27 '35" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF PINE DRIVE AS SHOWN ON SAID MAP NO. 1661 A DISTANCE OF 519.93 FEET TO THE POINT OF BEGINNING. 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If requested by the cc re liability by reason of covenants of warranty made by th6 igation, and the policy shall be surrendered to the COmpan 'fly? the insured clalmantshall transfer tot?leeompanl ured illany transfer or conveyance of the estate or interest. 101 cancellation. s policy shall not continue in force in favor of any purchaser (b) To Pay or Otherwise Settle With Parties Other than necessary in order to Perfect this right of subrogation. n the insured of either (i) an estate or interest in the land, or the hsured 01 With the Insured CMnant insured claimant shall permit the Company to sue, c( an indebtedness secured by a purchase monfty mprtgage (i) to pay or othewise settle with other parties for oJ promise or Settle in the name Of the insured Claimant an1 sn to the insured. in the name of an insured claimant any claim insured against ' U5e thd name Of the insured Claimant in any tranSaCtiOl under this policy, together with any costs, attorneys' fees and litigation involving these rights 01 remedies. NOTICE OF CLAIM TO BE GIVEN BY expenses Incurred by the insured claimant which were IfaPaYmenton accountofaclaimdoesnotfullycover INSURED CLAIMANT. authorized by the Company up to the time of payment and bss of the insured claimant, the Company shall be s [he insured shall notify the Company promptly in writing (i) which the Company is obligated to pay; or rogated to these rights and remedies in the proportion wt (ii) to pay or otherwise settle with the insured claim- the Company's Payment bears to the whole amouni aSeofanY litigationasset forth in SectiOn4(a) below, (ii) in ant the loss ordamage provided for under this policy, together the loss. e knowledge shall come to an insured hereunder of any with any costs, attorneys' fees and expenses incurred by the If loss should result from any act of the insured claimi 'm of title 01 interest which is adverse tO the title to the insuredclaimantwhichwereauthorized by thecompany upto as stated above, that act shall not void this policy, but ate Or interest, as insured, and which might Cam loss Or the time of payment and which the Company is obligated Company, in that event, shall be required to pay only 1 nage for which the Company may be liable by virtue of this to pay, CY, or (iii) if title to the estate or interest, as insured, is Upon the exercise by the Company of either of the options exceed the amount, if any, lost to the Company by reaso part of any losses insured against by this policy which s ctedasunmarketable. If prompt notlceshall not begiven to provided for in paragraphs (b)(i) or (ii), the C~~~~~~'~ ob& the impairment by the insured claimant of the Cornpal; lY shall terminate with regard to the rimer 01 matters for damage, other than the payments required to be made, shall Company, then as to the insured all liability Of the COm- gations to the insured under this policy for the claimed loss or right of subrogation. ch prompt notice is required; provided, however, that terminate, including any liability or obligation to defend, pros- Obligors. (b) The Company's Rights Against non-insu ure to notify the Company shall in no case prejudice the ecute or continue any litigation, Its of any insured under this policy unless the Company The Company's right of subrogation against n 111 be prejudiced by the failure and then only to the extent of 7. DETERMIMATION, EXTENT OF LlbBlLln insured obligors shall exist and shall include, without lim prejudice. AND COINSURANCE. tion, the rights of the insured to indemnities, guarant other policies of insurance or bonds, notwithstanding i DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual terms or conditions contained in those instruments wt DUTY OF INSURED CLAIMANT TO COOPERATE. options contained in Section 6 of these Conditions and described, Iulations, the Company, at its own cost and without unrea- Unless prohibited by applicable law, either the Comp; (a) The liability of the Company under this policy shall or the insured may demand arbitration pursuant to the 1 lation in which any third party asserts a claim adverse to able delay, shall provide for the defense of an insured in not exceed the least of: Insurance Arbitration Rules of the American Arbitral title or interest as insured, but only as to those stated (i) the Amount of Insurance stated in Schedule A; 01, Association. Arbitrable matters may include, but are (ii) the difference between the value of the insured limited to, any controversy or claim between the COmpi tter insured againstbythispolicy.TheCompanyshall haVe estate or interest subject to the defect, lien or encumbrance service of the Company in connection with its issuancc sesofactiona~~e~in~ad~f~~t~~i~n~r~n~~m~r~nceorother estate or interest as insured and the value of the insured and the insured arising out of or relating to this policy, i right to select counsel of its choice (subject to the right of insured against by this policy, insured to object for reasonable cause) to represent the the breach of a policy provision or other obligation. ired as to those stated cauSeS Of actiOn and shall not be Schedule A at the Date of policy is less than 80 percent of the $1,000,000 or less shall be arbitrated at the option of eit (b) In the event the Amount of Insurance stated in arbitrable matters when the Amount of Insurance 'lpany will not pay any fees, costs or expenses incurred by paid for the land, whichever is less, or if subsequent tothe Date Amount Of Insurance is in excess of $1 ,o~~,~~~ shall le for and wiH not pay the fees of any other counsel. The value of the Insured estate or interest or the full consideration the Company or the insured. All arbitrable matters when ge matters not insured against by this policy. insured in the defense Of those cauSeS Of action which of Policy an improvement is erected on the land which in- arbitratedonly when agreed to by both the Company and (b) TheCom~an~sha~~havetheri~ht~atit~~wncost~to 20percentovertheAmountoflnsurancestatedinScheduleA, Rulesineffectonthedatethedemandforarbitrationismi creases the value of the insured estate or interest by at least insured. Arbitration Pursuant to this Policy and under :itUte and prosecute any action or proceeding or to do any then this policy is subject to the following: 31 act which in its opinion may be necessary or desirable to or, at the option of the insured, the Rules in effect at Dab 3b1lsh the titk Io the&ate0r interest, as insured, Or to pre- made, as to any partial loss, the Company shall only pay the include attorneys' fees only if the laws of the state in wh (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award n /take any apPropriate action under the terms of this policy, Date of Policy bears to the total value of the insured estate or a prevailing party. Judgment upon the award rendered by t Or reduce loss Or damage to the insured. The Company loss pro rata in the proportion that the amount of insurance at the land is located permit a court to award attorneys' fee! ?ther Or not It shall be liable hereunder, and shall not interest at Date of policy; or (ii) where a subsequent Arbitrator(s) may be entered in any court having jul 'eby concede liability 01 waive any provision of this Policy. improvement has been made, as to any partial loss, the Corn- diction thereof. le Company shall eXerCiSe its rights under this paragraph, pany shall only pay the loss pro rata in the proportion that 120 The law of the situs of the landshall apply to an arbitral hall do so diligently. Ion or interposed a defense as required or permitted by the the amount expended for the improvement, (c) Whenever the Company shall have brought an to the sum of the Amount of Insurance stated in Schedule A and A copy of the Rules may be obtained from the Comp; 1 to fina' deterrnination by a court Of comPetentjurisdiction attorneys' fees and expenses for which the Company IS liable 15. LIABILITY LIMITED TO THIS POLICY; ea1 from any adverse judgment or order. loss which exceeds, in the aggregate, 10 percent of the (a) This policy together with all endorsements, if a npany to prosecute or provide for the defense of any action (c) The Company Will payonlythose costs, attorneys'fees tract between the insured and the Company. In interpret attached hereto by the Company is the entire policy and c Iroceedingl tt'e insured shall Secure to the company the and expenses incurred in accordance with Section 4 of these any provision ofthis policy, this palicy shall be construed It to so prosecute or provide defense in the action or pro- Conditions and Stipulations. ding, and all appeals therein, and permit the Company to a whole. , at its option, the name of the insured for this purpose. 8. APPORTIONMENT. (b) Any claim of loss or damage, whether or not ba! ?never requested by the Company, the insured, at the Corn- on negligence, and which arises out of the status of the t y's expense, shall give the Company all reasonable aid (i) If the land described in Schedule (A)(C) consists of two or to the estate or interest covered hereby or by any action ny action or proceeding, securing evidence, obtaining wit- more parcels which are not used as a single site, and a loss is Serting such claim, shall be restricted to this policy. ses, prosecuting or defending the action or proceeding, or established affecting One Or more Of the parcels but not all, the (c) No amendment of or endorsement to this pol cting settlement, and (ii) in any other lawful act which in IOSS shall be computed and settled on a pro rata basis as if the can be made except by a writing endorsed hereon opinion of the Company may be necessary or desirable to amount of insurance under this policy was divided pro rata as attached hereto signed by either the President, a Vice Prt iblish the title to the estate or interest as insured. If the to the value on Date of Policy of each separate parcel to the dent, the Secretary, an Assistant Secretary, or validat Ipany is prejudiced by the failure of the insured to furnish whole, exclusive Of any improvements made subsequent to officer 01 authorized Signatory Of the Company. required cooperation, the Company's obligations to the Date Of Policy, Unless a liability Or value has otherwlse been Ired under the policy shall terminate, including any liability agreed upon as to each parcel by the Company and the insured 16. SEVERABILITY. bligation to defend, prosecute, or continue any litigation, at the time of the issuance ofthis Policy and shown by an ex- In the event any provision of the policy is held invalic I regard to the matter or matters requiring such cooperation. Press statement 01 by an endorsement attached to this Policy. unenforceable under applicable law, the policy shall 'ROOF OF LOSS OR DAMAGE. 9. LIMITATION OF LIABILITY. deemed not to include that provision and all other provisic shall remain in full force and effect. n addition to and after the notices required under Section 3 lese Conditions and Stipulations have been provided the alleged defect, lienor encumbrance, or cures the lack of aright 17. NOTICES, WHERE SENT. (a) If the Company establishes the title, or removes the lpany, aproof of loss ordamagesigned and sworntobythe of access to 01 from the land, 01 Cures the Claim Of unmarket- AI notices required to be given the Company and ; Ired claimant shall be furnished tothe Company within 90 abilityoftitle, allas insured, inareasonablydiligent manner by statement in writing required to be furnished the Camp; saftertheinsuredclaimantshallascertainthefactsgiving any method, including litigation and the Completion Of any shall include the number of this policy and shall to the loss or damage. The proof of loss or damage shall appeals therefrom, it shall have fully performed its obligations addressed to the Company at 114 East Fifth Street, Sal cribe the defect in, or lien or encumbrance on the title, or with respect to that matter and shall not be liable for any loss Ana, California 92701, or to the office which issued t :r matter insured against by this policy which constitutes Or damage caused thereby. policy. e a ghts and remedies against any person or prop! monetary loss or damage sustained or incurred by the insured provide for subrogation rights by leaSon Of this Policy. (a) 'POn written request by the insured and subject to ters insuredagainst bythis policyandonlyto theextent herein claimant who has suffered loss or damage by reason of mat- 14. ARBITRATION. percent of the Amount of Insurance stated in ScheduleA bears under the Title Insurance Arbitration Rules. vrisionsof this Policy, the Company may pursue any litiga- The provisions of this paragraph shall not apply to costs, upon request. expressly reselves the rightl in its Sole discretion, to under this policy, and shall only apply to that portion of any POLICY ENTIRE CONTRACT. (d) In all cases where this policy permits or requires the Amount of lnSurance stated in Schedule A i \* 1.