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HomeMy WebLinkAbout; REDMOND, HELEN V.; 101197; Property9' ' 'L : RECORDING REQUESTED BY I e I AND WHEN RECORDED MAIL TO r Name City of Carlsbad Street Car 1 s bad , Addrer1 Cal i forn ia Stota L City L 1 "I e. FlLi/F>:$E vj+LkA&a St .;; ;- .i 4; I. 7 .,a& . - - - - - - - - - " - c'9-\'. ...- 7. ~.~-,'""..- ,,>d-,;:. L; itL :.L.,: .. , . 5 ; ~~~~ i: .) , -.- ~1.- ,- 9 ..-.I .r- " ;lib !i<;.-:~:.',;- e i'%..* 22. JL:: /i d.22 rs.,: io , .. I .- " G..?? " , . I -.e cT":-,. ~.I>. - , 7 $,-<!: .. :,"- - 5 2.b :e. j ..,, b' ":,,-." : -. ..I L p,r7.?;>! .- ',L, -.,-.--\*n . :,< Sari Cir;g sCz;?!-[y, cAL[E t': , . ..'i-> ,i ..., ..:..-.3 A. s. GXAY, ,.iECOSraEfi, N8 FEE SPACE ABOVE THIS LINE FOR RECORDER'S USE ' AFFIX I.R.S. $..13-1.5 ._..._ IN THIS SPACE . - .-. ,I- I 1 I Grant Deed . .. .. . 1B 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY ". . .. . ; . I i. - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, .. HELEN VIRGINIA REDMOND hereby GRANT(S) to CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation the following described real property in the C i ty of Car 1 s bad County of San Diego , State of California: That portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of S Diego, State of California, according to map thereof No. 1661, filed in the offic the County Recorder of said County, March 1, 1915, more fully described as follob @ b L . Beginning at a point on the Northerly line of said Tract 117, distant thereon Nor 89" 56' West 358.58 feet from the Northeast corner of said Tract 117; thence Sout 56' East 118.58 feet; thence South 0" 04' West 127.00 feet; thence South 81" 27' West 27.09 feet to a point in the Southwesterly line of that parcel of land retai by Edward Zahler in deed to Grace Florence Wilson, recorded November 30, 1937 in 714, Page 414 and in deed to James A. and Alice Greenwood, recorded December 22, in Book 2008, page 481; thence North 34" 56' 52" West 160.00 feet along said Sout westerly line to the TRUE POINT OF BEGINNING. EXCEPTING therefrom that portion, any, lying Southwesterly of a line bearing South 34" 33' East from a point in the Northerly line of said Tract 117, distant thereon North 89" 57' West 358.58 feet the Northeasterly corner of said Tract. (i Dated April 11 .. 1966 /9&&*/" -1 f @ @&@6 i He$ $n Vi rg i n i ajkedmond STATE OF (x&@!)$r~w~ I DAH0 L? }SS signed, a Notayhblic in Ad for said State, personally appeared ~ COUNTY OF O-F* AT7/K'7"6-<--' 0#,%?7/8<L4 ,-5% 1 B " d L before me, the under- Helen Virqinia Redmond L '. . 4.- . ,.>.,; i" '. . known to me to be the perso-whose name-".- subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. . <. . ~~ q,:. .. II 1. . ._ ,- A A. /,- 1* :., . .',, , % . , ,, I. NGiARY PUBLIC for the Stzte of Idaho 2 xpires ne 7, 1967 (This area for official notarial seal) I I I Title Order No. Escrow or Loan NO.- C- 1 70- I ~~~ -e e 0 I I n 0 3 r -I 3: gs e: xu) 0, -I 24 mm ri ru) 5 0;' Frm m W n m @ e 2 :z w % (D np I? 0 9 M El as: 6 $U F-J sJ E5 s C3 tc CD 0 CI w * z cl U R U m I I n 0 'II z 4 b3 0 rim 2 :z w xu) 3 a> k CP E? mm 2 5: 8 g;; 4 ;; U m W 5 :! mr> m 5 tc c[> /\. ,, .:"-"- ....$<A m fqy:\iG5e ..,. -s '<,F,A ;kt L>,, ,. ,-:.?; >.<,: - ' 73 y 1; c;.:.&.:=3 : y? Is 6 47 02 c.l z-l 0 -. >m ri 'd 92 % ru) n , ", .,;! .j .h - - 1. ."; i ,;-,b" -. ., ''..i'. , . 1 , ; 5. ! 4 < 21 i,: 9~~61 0 ' "" \ L!, :.I !.. / 0,8 .; ..'$ ;.- I , -,,:.: .,. . ?> : 4 _" ;" y>,, ;,-::. \<.. j32t . .< r \ *. .\ / I 0 I CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used ‘in this policy mean: (a) *‘land’: the land described, specific- ally or by reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) “public records”: those records which impart constructive notice of matters relating to said land; constructive knowledge or notice which (c) “knowledge”: actual knowledge, not may be imputed to the Insured by reason of any public records; (d) “date”: the effective date; (e) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument; and (f) “insured”: the party or parties named as Insured, and if the owner of the in- debtedness secured by a mortgage shown in Schedule B is named as .an Insured in Schedule A, the Insured shall include (1) each successor in interest in ,ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustee’s sale, said indebtedness, and (3) any federal or other legal manner in satisfaction of agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or . any part thereof, whether named as an insured herein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee’s sale, or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or, guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipula- tions hereof. such land abuts, or the right to maintain structure or improvement; or any rights or therein vaults, tunnels. ramps or any other ally provides that such property. rights or easements therein unless rhis policy specific- easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of su‘ch streets or highways. unless otherwise excepted or cxcluded herein. claims against rhe title as insured or other (d) Defects, liens, encumbrances, adverse matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- ort knowledge. 4. DEFENSE AND PROSECUTION OF ACTIONS --NOTICE OF CLAIM TO. BE GIVEN BY THE INSURED without undue delay shall provide (1) for (a) The Company, at its own cost and the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured. or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mort- gage and indebtedness covered by this policy land; or (2) for such action as may be or a sale of the estate or interest in said appropriate to establish the title of the gage as insured, which litigation or action estate or interest or the lien of the mort- in any of such events is founded upon an alleged defect, lien or encumbrance in- sured against by this policy, and may pur- sue any litigation to final determination in the court of last resort. (b) In case any such action or Droceed- fect. lien or encumbrance insured < which shall come to the knowledge Insured. or if the Insured shall n writing. promptly notify the Comp; any such rejection by reason of claim the Company in regard to the subject marketability of title. then all liabi of such action, proceeding or matte that failure to notify shall in n( cease and terminare; provided. hc prejudice the claim of any Insured the Company shall be actually prel by such failure and then only to the of such prejudice. (c) The Company shall have thc at its own cosl: to insritute and prl any action or proceeding or do any act which in its opinion may be ne or desirable to establish the ride gage as insured; and the Compan estate or interest or the lien of the rake any appropriate action under th{ of this policy whether or not it SI 1ia.ble thereunder and shall not concede liability or waive any provi’ this policy. (d) In all cases where this pol: mits or requires the Company to p or provide for the defense of an) or proceeding. the Insured shall S< it the right to so prosecute or proT fense in such action or proceeding, appeals therein, and permit it to US option, the name of the Insured f purpose. Whenever requested by th pany the Insured shall give the C all reasonable aid in any such a( proceeding, in effecting settlement. evidence, obtaining witnesses, or ting or. defendhng such action or : ing, and the Company shall reimb. Insured for any expense so incurre 5. NOTICE OF LOSS - LlMlTATl ACTION paragraph 4(b), a statement in WI In addition to the notices require any loss or damage for which it is the Company is liable under thi’ shall be furnished to the Compan! sixty days after such loss or dama have been determined, and no I this DOliCV until thirtv daw aft action shall accrue to the Insurec 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY or damage by reasons of the following: This policy does nor insure against loss regulation (including but not limited to (a) Any law, ordinance or governmental building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating any improvement now or hereafter erected the character, dimensions, or location of on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights.of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. lines of the land expressly described in (c) Title to any property beyond the Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which ing ;hall be begin, or defense in<erp&ed, or in case knowledge shall come to the In- sured of any claim of title or interest which is adverse to the title of the estate or in- terest or lien of the mortgage as insuied, or which nighr cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the in- debtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful gage covered by this policy refuses to pur- bidder at a foreclosure sale under a mort- chase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in .writing. If such notice shall not be given to the Company within ten days of the receipt of process or plead- ings or if the Insured shal! not, in writing, promptly notify rhe Compmy of any de- statement ’shall have been iurnish no recovery shall be had by the under this policy unless action : commenced thereon within five ye: expiration of said thirty day period or to commence such action wi to furnish such Statement of loss or time hereinbefore specified, shall t clusive bar against maintenance b] sured of any action under this PO 6. OPTION TO PAY, SETTLE OR ( MISE CLAIMS The Company shall have the c pay or setrle or compromise for c name of the Insured any claim against or to pay the full amoun policy, or, in case loss is claimed II policy by the owner of the indc secured by a mortgage covered policy, the Company shall have th to purchase :;aid indebtedness; SI chase, payment or tender of pay (Conditions and Stipulotions Continued ond Concluded on Lost Page of This Policy) 5- I L (I) * ._ amm-841534 L - Owners * *. TO 1012-1 AB C California Wnd Title Association Standard Coverage Policy-1963 SCHEDULE A Premium $ 99. I Am0unt $ 12,500.00 Date June 21, 1966 at 9:00 A.M. Policy No. 841: Effective INSURED City of Carlsbad, California, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: City of Carlsbad, California, a municipal corporation. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART 1 1. Taxes or assessments which are not shown as existing Liens by the records of any taxing authority that levies taxes or assesments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. -amm-8415su " . I) e- 70 1012-14056-1BC OC American Land Title Assoclation Loan Policy Additional Coverage-I962 Califomla Land Title Associatlon Standard Coverage Policy--1963 or SCHEDULE B-Continued Part 11 0 Ir General anc;t special taxes of San Diego County and the City of Carlsbad for %he fiscal year 1966-67, now a Iien, payable in November. SCHEDULE C The land referred to in this policy is described as follows: That portion of Tract 117 of Carlsbad Lands, in the 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 said County, March 1, 1915 more fully described as follows: Beginning at a point on the Northerly line of said Tract 117, distant thereon North 89"56' West, 358.58 feet from the Northeaz corner of said Tract 117; thence South 89'56' East 118.58 feet; thence South 0°04' West, 127.00 feet; thence .South 81°27r32" We! 27.09 feet to a point in the Southwesterly line of that certain parcel of land retained by Edward Zahler in deed to Grace Flore~ Wilson, recorded November 30, 1937 in Book 714, page 414 and in deed to James A. and Alice Greenwood, recorded December 22, 194! and in Book 2008, page 481; thence North 34"56*5Zr' West, 160.00 feet along said Southwesterly line to the true point of beginnil EXCEPTING therefrom that portion, if any, lying Southwesterly o line bearing South 34O33' East from a point in the Northerly li of said Tract 117, distant thereon North 89'57' West, 358.58 fe from the Northeasterly corner of said Tract., . 3 xch *z k \ \ * # . .c . ._ ~ - I - -" .". - % / / / \ \ , c * I. ’ _. . .- % 0 * ~. * -~- C’ CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side Of Policy Face) the full amount of this policy, together lvith all costs, attorneys’ fees and expenses n.hich the Company is obligated hereunder to pay, shall. terminae all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys’ fees which the Company lnay be obligated hereunder to pay. to any loss insured against by this policy, (b) The Company will pay, in addition .dl costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys’ fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (I ) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice. the Insured in settling any claim or suit or ‘(2) for liability voluntarily assumed by without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination- by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys’ fees and expenses, shall reduce the amount of the insurance. pro tanto and no payment shall be made without producing this policy the policy be lost or destroyed, in which for endorsement of such payment unless case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- shall terminate all liability of the Company sured of a mortgage covered by this policy to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely this policy the loss or damage shall be pay- fixed in accordance with the conditions of able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR a claim under this policy. all right of sub- Whenever the Company shall have settled rogation shall vest in the Company un- shall be subrogated to and be entitled to affected by any act of the Insured, and it would have had against any person or prop- all rights and remedies which the Insured erty in respect to such claim had this policy not been issued. If the payment does not shall be subrogated to such rights and cover the loss of the Insured, the Company remedies in the proportion which said pay- ment bears to the amount of said loss. If SETTLEMENT loss should result from any act of tl. sured. such acr shall not void this p but the Conlpany. in that event. sha required to pay only that part of any ’ insured against hereunder which shal ceed the amount. if any, lost to the pany by reason of the impairment o right of subrogation. The Insured, I quested by the Company, shall transf the. Company all rights and rem agalnst any person or property necess; order to perfecr such right of subrog; and shall permit the Company to us name of the Insured in any transacric litigation involving such rights or rmc If the Insured is the owner of th( debtedness secured by a mortgage COT by this policy, such Insured may relea substitute the personal liability of debtor or guarantor, or extend or othe~ modify the terms of payment, or re a portion of the estate or interest fron lien of the mortgage, or release any lateral security for the indebtedness, vided such act does not result in any of priority of the lien of the mortgagc 10. POLICY ENTIRE CONTRACT Any action or actions or rights of a< that the Insured may have or may t against the Company arising out oF status of the lien of the mortgage cox interest insured herein must be basec by this policy or the title of the estat the provisions of this policy. can be waived or changed except by wr No provision or condition of this p endorsed hereon or attached hereto si€ Secretary, an Assistant Secretary or o by the President, a Vice President, validating officer of the Company. 1 1. NOTICES, WHERE SENT All notices required to be given the C pany and any statement in writins rrqu to be furnished the Company shall be dressed to it at the office which issued policy or to its Home Office. 433 Sc Spring Street, Los Angeles 54, Califot 12. THE PREMIUM SPECIFIED IN SCHED A IS THE ENTIRE CHARGE FOR TITLE SEAR TITLE EXAMINATION AND TITLE INSURAN 8 Title Insurance and Trust Company FOUNDED IN 1894 AI * 0 e e kW b* I(?3 .. .. J cxX"Ip:,;)'sg 67 t?;C?pTdP:X "" ~."__ 7 Th4g 5-s Jco nm-~-'-:-". "C- ;*i.y -- Ihzt -khc in-;;nr33t :in rsal proneutg " c,-l-.re-$ea 2T.T v Cr,.mT Dez:d &-:?id ;\TTil 11 196.6$ :?::?3:;51.~;~ i'lyglL~a Rei:mox-ic!. ,- ~ * Z." .{j - c5::;j c,:,: :;a::7.3::,22.* 3. !>9;.:.<;-!..?2,?. "0"D- A\ ~a", St>, da,y of April 1966 f ?.?.:? ~. ' '. 3 *r- ..-?.'.'>.'> c'r., :?"2.bvJ .r. . . 1 :- ~, cr2>;icn 31.,3-/cy =~-:.~.~--~-~-,-.'-~l a,- ~ ...". . ,_-..- ,C"L -r"--."-) LL,. ~: ~ f$; :?-?;,.(!l.j-, n,,.li,"" T:! 'c3 ol;G-2r cf -$"L2 CL.k.- ,'2.2y32.1 c_' JLY.? :+:: :: - op t': ,,:.:: .'q,,, .. J ~., ,I ' t.7 , ,~, - . , I i, to recordation '&eraof ~TJ its 2~1;~ :Lz;.2gxi2;z& of-fic~r. I .. DATEDzJ ,,~Q:~S ,&s 8, 196 5 3 CITY GF CAELSSAD BY ,\.