HomeMy WebLinkAbout1979-09-18; City Council; 5983; ACCEPTANCE OF DEED - FOR STREET PURPOSES‘\ Initial:
Dept.Hd. &
C . Atty .d&f -
C. Mgr. $
0 . CITY OF CARLSBAD 0
AGENDA BILL NO. - 57’83
DATE : - September 18, 1979
DEPARTMENT: C i ty C 1 e r k
Sub j ect :
-3-
ACCEPTANCE OF DEED - For Street Purposes -
Statement of the Matter
As a requirement for obtaining a building permit to build a greenhouse, Herman E. and Lois M. May are required to dedicate property for street purposes,
Therefore, pursuant to Resolution No. 5546, the following deed is offered for Council acceptance:
From: Herman E. May and Lois M. May To : City of Carlsbad For : Public Street Purposes
Location: S.E. corner of Park Avenue and Monroe
Exhibits : -
1. Copy of Deed
2. Resolution No. 4926 .
Recommendation:
Adopt Resolution No. \F9.J&, accepting the deed and authorizing recordation of same.
Council Action:
9-18-79 Council adopted Resolution 5926, accepting a Grant Deed fi Herman E. and Lois M. May for public street purposes.
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TO: -.,; T-;~ _- . .r .- .<A; . , ,;/ . ' OFFICE:
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POLICY OF TlTEE INSURANCE
ISSUED BY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIOXS HEREOF, LA1
TITLE INSURANCE COMPANY AND LAWYERS TITLE INSURANCE CORPORATION, Corpc
tions of California and Virginia, respectively, herein called the Companies, insure the insured, as of the 0
oE Policy, against loss or damage, not exceeding the amount of insurance- stated in Schedule A, and co attorneys' fees and expenses, which the Companies may become obligated &payy-. hgreuhder, -, .,.,> sustained or
curred by said insured by reason of: J-' I--..A,.,
1.
2.
3. Unmarketability of such title; or ,
4.
Title to the estate or interest described in Schedule/i being veste
Any defect in or lien or encumbrance on such title;
other than as stated therein;
,/
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/-- '\ ,' Any lack of the ordinary ri@' of an abutting owner-for access to at least one physically open
street or highway if the land, in fact, abuts upon one,or more such streets or highways; -:-.
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and in addition, as to an insured lender only:
5. invaiiciitv-.o'r~hb~~~n of the insured mortgage u or. szid estare or interegt except to the exrent
that such invdidity, or claim thereof, arises ,out of the transaction evidenced by the insured
rnor[&e, and is based upor&,_.
a. : usury, or
b.: any consumer credit protection or truth in lending law;
Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown ,in Schedule B)n' the order of its priority; or
Invalidity of any assignment of the insured mortgage, provided such assignment is shown in
Schedde B.
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IN WITNESS WHEREOF, the Companies have caused this Policy to be signed and sealed, to become T
when countersigned by an authorized signatory of the Companies, as of Date of Policy shown in Schedule A;
bayers ?;tk Insurance Corporation
President.
8&e- D -
AITEST : Presidrnl
(-LQ$%& Secretary . ,A1testw7 /& Secrerary Conntersigned for the Companies:
. . . . . . . . . . . . -. ...-. . . .. . . . .. __ . i3 J'
A !I!! I: x::<d Siptat 11 rt'
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STA-~AR~ ~,>v. CLTA-1973 SCHEDULE A - -____ --___ - NJrne of Insured:
HERi*IAN EetU3Y AND LOIS PI. NAY
Husband and Wife
~~ -
Charge: $ 692.70 (4. 304994-K POllC! No .
___- -- Amount of Insurance: $ 168,000 - o( D1:tofPolicy: Septeinber 10, 1976 at 8:OO AM
-_ The estate or interest rn the land described or referred to in this schedde covered by this poitcy is:
A FEE.
___ - . __ _- -- 7.. 1 kc p,!jte 01 interest referred to herein is at the Date of Policy vested in:
HEE" E. MAY AXD LOIS M. MAY
HusSand and Wife as Joint Tenants
__ _- -rhc I~nd referred to in this policy is descrlbed as fo!lows:
SEE ATTACHED *
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Our No. 304994-K Page Three
Schedule B, Part 11, continued.
1. County, City and special district taxes, a lien not yet payable,
for the fiscal year 1976-1977.
2, City OE Carlsbad Bond No. 95, Series 27, issued November 21, 1969,
in the original amount of $1,736.91, for streets.
Principal paid through December, 1975.
Interest paid through June, 1976.
Unpaid balance of principal $694.76.
Interest through December, 1976, $20.84.
3. Easements over, under, and across said land for rights of way for
telephone and electric poles and lines and for sewer, water and/or gas
mains and pipe lines, with right to enter upon herein described property
for purpose of construction, repairs and alterations of same, as reserved
by \dm. G. Kerckhoff Company, in deed recorded July 26, 1941 in Book
1221, page 14 of Official Records of said San Diego County.
The route thereof across said land is not set forth in said deed.
4. A right of way for road and public utility purposes over and acrcss
the Northwesterly 25 feet of the herein described property as reser’ired
by the Wm. G. Rerckhoff Company in deed recorded July 26, 1941 in Book
1221, page l4 of Official Records of San Diego County.
5. An easement for poles, wires and incidental purposes as granted to
the San Diego Gas & Electric Company, by deed recorded January 18, 1945
in Book 1801, page 70 of Official Records, over the Northwesterly 25.00
feet.
6. An easement for poles, wires and incidental purposes as granted to
the San Diego Gas €X Electric Company, by deed recorded January 18, 1945 - -
in Book 1801., page 313 of Official Records, over the Northwesterly 25.00
feet.
7. A right of way and incidents thereto for public road purposes, as
conveyed to the County of San Diego by deed recorded December 14, 1944
in Book 1795, page 66 of Official Records and particularly described as
Park Drive.
Said instriirnent additionally grants the privilege and right to extend
drainage structures and escavation and embankment slopes beyond the
limits of the above described right of way where required for the con-
struction and maintenance thereof.
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ENDORSEMENT
The Companies hereby insure the owner of the indebtedness secured 1
mortgage referred to in'schedule A against loss which said insured
sus t s2n
as a result of any exercise of the right of use or maintenanc
the easement referred to in paragraph of Schedule B ove
through said land.
7
The total liability of the Companies under said policy and ar
endorsements therein shall not exceed, in the aggregate, the face
0.f s3j.d policy and costs which the Companies are obligated under t
conditions and stipulations thereof to pay.
This endorsement is made a part of said policy and is subject
the sched~1es, conditions and stipulations therein, except as mod:
by the provisions hereof.
Dated:
Policy No. 304994-K
September 10, 1976 at 8:OO AM
IN WITNESS WHEREOF, the Companies have caused this endorsement to
signed and sealed, to become valid when countersigned by an autho
signatory of the Companies, as of Date shown above.
1ayyer-s 3 t le 1 ns u ra nce (j~r porn t ion
AI TEST : ! 1.
Countersigfied By ................................................................................
Authorized Signature
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T'i13t portion of Lot ''I" of Rancho Agus Ilcdionda, it2 the County of San ~te:
State of California, according to tbc Ilap thereof I?o. 523, fifcd in the
office of the Pkcorder 04 said San Diego County, >?ovenbet 16, 1836, dcscg
Q', follows:
Comicncino, at the intersection 02 the h'estctly Line of safd Lot "f" with
the center Line of Flonroe Street as shown on the Flap 130. 1681 of Thum lar
on file in the office of the Recorder of said San Diego County, December
1315, being the most Westerly corner of land described in deed to R, W.
Poindcxter dated June 30, 1941 and recorded in Cook 1221, page 14 of Offi
IZecords, said point of cor;pnencmcnt being also the ROS~ Uortherly corner
Della Vista according to the trap thereof No. 2152 OR file in the office o
tIie 1:ccordcr of said san Dicso COQR~~ Narc11 7, 2929; thence along the
Plortlieasterly boundary of Gelta Vista, being also the Southwesterly Line
Eoad Survey 110. 975, according to the ?.Lap thereof on file in the office q
the County Enzinecr of said San Diego County as fo1lows: South 25"39'00"
I,ast, 397.70 feat (Kecord - 397.56 feet) to an angle point bn said bounda,
thence South 2G011'00" l!est, aloq said boundary, 40.00 feet, mre or les6
to an intersection with the EJortlmesterly prolongation of the Southwester1
line of Xonroe Street as sho~m on Nap Mo. 2647 of Carlsbad &.&Lands filec
in the office of the Recorder ~f Sac Diego County, April IS, 1350, and be3
the TRUE POINT OF GCGIPX'LI'IC:; thence continuing along the Easterly boundar)
said Bella Vista and the I:esreriy Line of Eoad Survey Uo. 975, South 26'11
It'cst, &79 .I3 feet to the Soutlz~~esterly corner of said land'hf Poindcxter;
thcnoe along the Southwesterly line of said 1and South'~,'63"49'00'' Cast, 425
feet to the Souclieasterly corner of said land, bein2 a paint on the South-
westerly prolonzation oi the Nort'nr?esterly Lint- of Lot 36 er^ soid Cnrlabad
Ili~hiands; tlicncc along s3id prolongation and along the Northresterly line
C0;IPlLCD: of said Lo? 3G, North 26"11'00'' Cast, 479.L3 feet to the llortln\resterIy :.; c: corner of said Lot, bein2 ~l point on the aforcncntinned Southwesterly ~inc
cv : LET, oZ ?Ionroe Street as shown on Pkp 110. 2647; thence alonz said SoutIiwesterLy
5-27-75 and the Northves tcrly prolongation thereof, PIorth G3"49 '00" West, 425 .OO fc
to the TRUE POINT 01: BCGLKXNG.
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i I is on file ir, tl-ie office cf the cjty Clex-L, and is il~corp~rat
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i j refer-&. once herein; and.
WFERE,&S, 'the Cit17 CoiJncil of the City of CarlSbad has
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1 of sa7 niego Coanty, State of California, with the approFri
I Certificate of Aczeptance attached. i PASSED, APPRGVED AT:D ADOPTED at a regular meetil?g of
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- Carlsbad City Council held on the 18thday ofsmber r^ 13
the following vote I ko ydi-k:
AYES : Councilmen Skotnicki 9 ARearS Lewis and
NOES : >!one Co2nci lwoman Cas? er
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A.BSENT : Counci 1ma.n Packarj 7) / 6-3 <.*A pi?/-.-/ (&,Lv4&,&<\- 52,- __.-.__ "k.z=r;4---l---- i-l"_y<,$--P2t-E,r, LA -.
I j . ga~q~~ij i_: :/ /Pk?;(p~?.i.n, / ( r'iayor
AHTl-!ONY J ,(-'S~!t'cTNICKI 'I ?'ice-Fii I ATTEST:
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