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HomeMy WebLinkAbout; KRUGER, FORREST; 77-213664; PropertyLScYow No. Loan No. WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 Attn: Bill Baldwin (38 ~^'^-'*^**<??***8Ms*^*««*«s**^^m»^^ ~ 77-213664 FILE/PAGE NO. __ ^ BOOK 1977 ^ RECORDED REQUEST OF LAND TITLE INSURANCE CO. -JUM 28:QOAM77 OFFICIAL RECORDS \ SAN DIEGO COUNTY, CALIF. HARLEY F. BLOOM RECORDER NO m SPACE ABOVE THIS LINE MAIL TAX STATEMENTS TO: same as above Parcel No. 205-111-26 DOCUMENTARY TRANSFER TAX $£L,.... . .xC, Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less Hens or encumbrances remaining-at time of sale. \ -^^^^j^^^i!^^/ Rancho Santa Fe Savings Signature of Declarant or Agent determining tax — Firm Nam* GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. FORREST KRUGER, a widower hereby GRANT(S) to CITY OF CARLSBAD the real property in the City of Carlsbad County of San Diego , State of California, described as All that portion of Block One of Mull's Addition to Carlsbad, in the County of San Diego, State of California according to the Map thereof No. 514 filed in the office of the County Recorder of San Diego County, March 22, 1888, as more fully described on the attached legal description made a part hereof marked Exhibit "A" consisting of one (1) page. Dated_May 23. 1977 STATE OF CALIFORNIA COUNTY OF San Diego Forrest Kruger May 23. 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared _— ——Forrest Kruger known to me to be the person -whose name . c subscribed to the within instrument and acknowledged that he 1 executed the same. WITNESS my hand and official seal. *:r~ .....t^t •) OFFICIAL SEAL NORA K. GARDINER NOTARY PUBLIC-CAUK PRINCIPAL OFFICE IN SAN DIEGO COUNTY MY COMMISSION EXPIRES JAN. 29, 1980 (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(10/69) .? t **...bl 0 0 1 ” .. First American Title Insurance Company HOME OFFICE: 421 NORTH MAIN STREET, SANTA ANA, CALIFORNIA 92701 * (AREA 714) 558-321 1 A subsidby of The First American Financial Corporation ' TYa Ari" \ " c ,- /' 0 340 0 r L That portion of Block 1 of ,Xull's Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to !.lap thereof 1To. 514, filed in the off ice of the County Recorder of said No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Eo. 2151, filed in the office of the County Recorder of said County liarch 4, 1929, described as a whole as .follows: REGIKNIIC, at a point on the Uesterly line of said Lot 29 distant there- on North O"52'00" West 309.00 feet from the Southwesterly corner of said Lot 29; thence North 89"05'00" West parallel with the Southerly line-of said Lot 29 to an intersection with the Easterly line of that tract of land conveyed to Rartley 'Rooney, by deed recorded in Rook 563, page 189 of Deeds; thence along the Easterly line of said Rooney land and its Northerly prolongation, North 0'52'00'' \Jest to its inter- section dth the Northerly line of that unnamed street lying immediately Northerly of. said Block 1, Nap No. 514; thence along the said Northerly line of the unnamed street, South 89"05'r)O" East a distance of 90.00 feet to its intersection with the Northerly prolongation of the Westerly line of Lot 29 of the Optimo Tract No. 2, Map No. 2150; thence continuing along said Northerly line South 59°05'00" East 30.01 feet to tho inter- section with the center line of Furelra Place; thence South O052'CiO" East along said center line of Eureka Place to a point which bears South 89"05'00" East from the Point Of Beginning: thence North 89"05'00'' West i County Narch 22, 1888, and that portion of Lo,t 29 of the Optimo Tract 310150-B to the Point Of .Beginning. """". ~ -~ "" . """ r i 139 ~ CERTIFICATE OF ACCEPTANCE Th'i's is to certify that the interest in reai.property conveyed by the deed or grlant dated May 23, 1977 from FORREST KRUG.ER to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City. Council of the ; City of Carlsbad, California J pursuant 82537 of the City of Ca:~'is\bi~d..a~.?pted Oi=l July 2 J 19 68 J and ,t<he;.:.&-ank@$-d: consents to the recor~~~~:~~an..~~~~-~~~f by to authority conferred ~b~.5~~e~plut.ion ; its duly authorized o<<r.;. *- ---=.-*-:. p .. . . I..PIO I- - . . ,..';:A . ~ 1 . ~ %'. &..&f~*~~~z$ I"C-ecl (D y:- - : j 7 : '.I.. ~:;,s$,,<,,:..,'', , .I., .,.. I .. , RIA RGA Y R T E . .&D&$i$.J. *$f@'L6ierk : / ./ ". r .r ,e. &." , 'DATED qe ."'/ /7;77 .:,. .-:z,,, ./ 9 .. ..O't*;";! .',\ ,I .I ,:I y : i , ,~%,' \ I . -. . . "" L 0' t'orm No. 1000-2 10/73 CLTA Standard Coverage Policy Form 1973 e .: 310150-B ' . CLTA-1973 SCHEDULE ~~ A STANDARD COVERA Name of Insured: CITY OF CARLSBAD Policy No.: 310150-B - Charge: $ 263.00 (4.1A) Date of Policy: June 2, 1977 at 8:OO AM Amount'of Insurance: $ 50,700.00 The estate or interest in the land described or referred to in this schedule covered by this policy is: A FEE. "- _____ "". -."- - The' estate or interest referred to herein is at the Date of Policy vested in: CITY OF CARLSBAD The land referred to in this policy is described as follows: " SEE ATTACHED s, """""""""""""~""""" 205-111-26 Code 9000 End. 126.1 & OIP D ,..I L I. " 0 ,-. ,r- b J' ..( &< I -3 ,w 'Form NO. iooo-3 10/73 CLTA Standard Coverage Policy Form 1973 ..: >, .. . f ,* 310150-B SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of those matters shown in Parts I and I1 of this Schedule: 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. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (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. 6, Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to build- ing and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or (Part I1 on following page) , '. 0' e Our NO. 310150-B .Page. Three .. Schedule By Part 11, continued. 1. County, City and special district taxes, a.lien not yet payable, for the fiscal year 1977-1978. 2, Such rights as may exist in a road over that portion of the herein described land lying within Basswood Avenue and Eureka Place as shown on map on file in the office of the County Assessor of San Diego County. 3. An easement for public road purposes as reserved in deed recorded October 7, 1930 in Book 1814, .page 377 of Deeds over the Northerly 40.00 .feet and the Easterly 25.00 feet of said land. """""""""""""~"""~"~ r. 11;/75 ' w- I ., c !, 3 . .~ . ENDORSEMENT -ate: June 2, 1977 at 8:O Policy NO. 310150-B 1. This Endorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a one-to-four family residential structure in which the Insured Owner resides or intends to reside. For the purpose of this Endorsement the term "residential structure" is defined as the principal dwelling structure located on said land together with all improvements thereon related to residential use of the property except plantings of any nature, perimeter fences, perimeter walls, and the term "insured owner" is defined as any insured had under said Policy and all endorsements, such insured's heirs, distributees, devisees, survivors, personal representatives or next of kin. 2, The Companies hereby insure the Insured Owner of the estate or interest described named in Schedule A and subject to any rights or defenses the Company may have in Schedule A against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any statutory lien for labor or materials attaching to said estate or interest arising out of any work of improvements on said land in progress or completed at date of the policy, except those liens arising out of a work of improvement for which said Insured Owner has agreed to be responsible. use thereof for ordinary residential purposes as the result of a final Court Order or Judgment; based upon the existence at date of policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Part I1 of Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation on the land of any enforceable covenants, conditions or restrictions provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub-lease, or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area width or depth of the land as a building site for the residential structure; (b) floor space area of the residential structure; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. c. damage to said residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of minerals, excepted from the description of said land or shown as a reservation in Schedule B. b. the removal of the residential structure or the interference with the The total liability of the Companies under said Policy and all endorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Companies are obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This endorsement is made a part of said policy and is subject to the schedules, conditions, and stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Companies have caused this endorsement to be signed and sealed, to become valid when countersigned by an authorized signatory of the Companies, as of Date shown above. h.uyers Title Insurance Corporation ATTEST: President 10-4-75 .m e. ~' - 1 , ,, * .. _.. ...- .I- -. Date. June Z', 1973 ,at: 8 :oo AM Policy NO. 310150-B ; ' OWNERS INFLATION PROTECTION ENDORSEMENT The Companies, recognizing the current effect of inflation on real PrOperi valuation and intending to provide additional monetary protection to the Insurc mer named in said Policy, hereby modify said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, tl I 'amount of insurance provided by said Policy, as stated in Schedule A is subject to cumulative annual upward adjustments in the manner and extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, tc 12:Ol A.M. on the first January 1 which occurs more than six months i the Date of Policy, as shown in Schedule A of the Policy to which th Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, a! defined above, by increasing the maximum amount of insurance provide1 said Policy (as said amount may have been increased theretofore unde terms of .this Endorsement) by the same percentage, if any, by which United States Department of Commerce Composite Construction Cost Ind, (base period 1967) for the month of September immediately preceding ' such Index for the month of Sep.tember one year earlier;'provided, ho that the maximum amount of insurance in force shall never exceed one Policy, less the amount of any claim' paid under said Policy which, u the terms of the Conditions and Stfpulatfons, reduces the amount of insurance in force. There shall be no annual adjustment in the amou of insurance for years in which there is .no increase in said Constru Cost Index. one half tines the amount of insurance stated in Schedule A of said .I 4.. In the settlement of any claim against the Compani.es under said Poli amount of insurance in force shall be. deemed to be the amount which .force as of the date on which the insured claimant first learned*of assertion or possible assertion of such claim or as of the date of r by the Companies, of the first notice of such claim whichever shall f Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Endorsement is made a part of said Policy and is subject to the sche conditions and stipulations therein, except as modfied by the provisions hereo IN WITNESS WHEREOF, the Companies have caused this Endorsement to be ,signed an sealed, to become valid when countersigned by an authorized signatory of the Companies, as of the Date shown above. Lwyers TI t le [nsyrance @oration , &A/"&qay' c- ATTEST.:. Secret Countersigned By .... F .., ,t w I- 'V That portion of Block 1 of flull's Addition to Carlsbad, in the City of Carlsbad, County of San ~iego, State of California, according to !lap thereof No. 514, filed in the off ice of the County Recorder of said County March 22, 1858, and that portion of Lot 29 of the Optimo Tract No. 2, in the City of Carlsbad., County of San Diego, State of California, according t.o Map thereof Eo. 2151, filed in the off ice of the County Recorder of said County March 4, 1929, described as a whole as follows: REGIfTNIIG at a point on the IJesterly line of said Lot 29 distant there- on North O"52'00" West 300.00 feet from the Southwesterly corner of said Lot 29; thence North S9°05'00'' West parallel with the Southerly line of said Lot 29 to an intersection with the Easterly line of that tract of land conveyed to Rartley Rooney, by deed recorded in Rook 563, page 189 of Deeds; thence along the Easterly line of said Rooney land and its Northerly prolongation, North 0"052'00'' West to its inter- section Mith the Northerly line of that unnamed street lying immediately Northerly of said Block 1, Hap No. 514; thence along the said Northerly line of the unnamed street, South 89"05'09" East a distance of 90.00 feet to its intersection with the Northerly prolongation of -the IJesterly line of Lot 29, of ths Optimo Tract No. 2, Map No. 2150; thence continuing along said Northerly line South !39°05'001' East 30.01 feet to the inter- section with the center line of Eureka Place; thence South O052'0O" East along said center line of Eureka Place to a point which bears South 59"05'00" East from the Point Of Beginning; thence North f39°05'Or3'' West 310150-B to the Point Of Beginning.