HomeMy WebLinkAboutCT 06-27; MUROYA SUBDIVISION; Engineering Application(city of
Carlsbad
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate information. Write N/A when not applicable.
Project Name: fl o '-'8 DI vl5io,-i Date:
Project Description: i'/30/ V/i /c*1 /Dt t'PO-f/ ,4' / L'.'f /( .'Q P'/ $
Project Address: til-Ack 114/1- iQe'cD
LotNo(s).: Map No.: 1r 9 V'6 APN(s):2If/- Y
Number of Lots: f Number of Acres: 20 Miles of Trails:________________________
Owner: rkYA' 'A*1/PL" Applicant: L.*,'$ 04 PAe',)
Mailing Address: V /e'ç /Av'p r 0/i Mailing Address: Z1$ P.), tFvrR If V t'-'f
/,i'i ,-'e eA 92.'/ C4
Phone Number: 9'19 39/ / 2 0c, Phone Number: 7O R417
Fax Number: 9W 0 3 4VI IVOO Fax Number: 710 71/5 78Y
E-mail: E-mail: (piNEd. &Ecffs')rAij /v 'Y,
I certify that I am the legal owner and that all the above 4'
information is true and correct to the best of my knowledge. Iv
Signature: Date: Signature: / '*" _- Date:
Civil Engineer: 40_rL P4Ie"-' Soils Engineer: 4,/A.
Firm: /oC-E'r4iC. I-4A)jD /t/9446Y/*I. Firm:
Mailing Address: (bL. €A1tRE /)Y /°gWY Mailing Address:
Ec*-J/Db, 4 9204
Phone Number: 70 ?7 7 ØV Phone Number:
Fax Number: 71 o " 707-Y Fax Number:
E-mail: 4o1w 9 & 6 sôe ffA..yiQ/ JtiAV Y CDPI E-mail:
State Registration Number: PIJ 7 0 2-4' State Registration Number:
Additional Comments:
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
f5-Carlsbad Municipal Water District D Olivenhain fl Vallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
GRADING QUANTITIES
cut cy fill cy remedial _______ cy import _______ cy export cy
E-23 J Page 1 of 2 NOV 20 2014 REV 07/14
LAL I
F II'1F
City Of
Carlsbad.
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate information. Write N/A when not applicable.
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY
Project
ID.
Drawing
Number
Deposit /Fees
Paid
Comments
El Adjustment Plat (ADJ)
El Certificate of Compliance (CE)
El Dedication of Easement (PR)
Type:
Type:
El Encroachment Permit (PR)
El Final Map (FM)
El Grading Plancheck (DWG)
El Improvement Plancheck (DWG)
El Parcel Map (PM)
El Quitclaim of Easement (PR)
Type:
El Reversion to Acreage (RA)
El Street Vacation (STy)
El Tentative Parcel Map (MS)
Certificate of Correction (CCOR)
El Covenant of Easement (PR)
El Substantial Conformance
Exhibit (SCE)
El Trails El <mile El > mile
El Other
APPLICATION ACCEPTED BY: DATE STAMP
APPLICATION RECEIVED
E-23 Page 2 of 2 REV 07/14
APPLICATION 4
4N
Development Services
044k ENGINEERING Land Development Engineering
CITY OF PLANCHECK 1635 Faraday Avenue
760-602-2750 CARLSD/-%D E-23
Complete all appropriate information. Write N/A when not applicable.
Project Name:Murova Subdivision Date: 2-2+--261+ /2J 3/13
Project Description: 38 detached condominium units oer TM CT 06-27
Project Address:West of Black Rail Road, North of Aviara Parkway, East of Towhee Lane
Lot No(s).: Map No.:CT 06-27 APN(s):215-040-03
Number of Lots:5 Number of Acres:20.28 Acres Miles of Trails:________________________
Owner: Akira Murova & Toshiko Murova Applicant: Taylor Morrison
Mailing Address: P.s. Box 131016 Mailing Address: 15 Cushing
Carlsbad, CA 92013 Irvine, CA 92618
Phone Number: Phone Number: 949-341-1289
Fax Number: Fax Number:
E-mail: E-mail: atornillo(tavIormorrison.com
I certify that I am the legal owner and that all the above
information is true and correct to the best of my knowledge.
Signature: Date: Signature: Date:
Civil Engineer: Richard C. Brasher Soils Engineer: Shawn Weedon
Firm: Panqaea Land Consultants Firm: Geocon Inc.
Mailing Address: 2834 La Mirada Drive, Suite H Mailing Address: 6960 Flanders Drive
Vista, CA 92081 San Diego, CA 92121
Phone Number: 760-726-4232 Phone Number: 858-558-6900
Fax Number: 760-727-1405 Fax Number: 858-558-6159
E-mail: rich. brasherranaaealandconsult E-mail:
State Registration Number: C43819 State Registration Number: '14
Additional Comments:
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
] Carlsbad Municipal Water District [0 Olivenhain [0Vallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
GRADING QUANTITIES
cut cy fill _______ cy remedial _______ cy import _______ cy export cy
E-23 Page 1 of 2 REV 4/30/10
APPLICATION Development Services
let!h> ENGINEERING Land Development Engineering
CITY OF PLANCHECK 1635 Faraday Avenue
760-602-2750
CARLSBAD E-23 www.carlsbadca.gov
Complete all appropriate information. Write N/A when not applicable.
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY
Project
I.D.
_________ Drawing
Number
Deposit /Fees
Paid
Comments
13 Adjustment Plat (ADJ)
Lii Certificate of Compliance (CE)
DI Dedication of Easement (PR)
Type:
Type:
Encroachment Permit (PR)
Di Final Map (FM)
Lii Grading Plancheck (DWG)
Lii Improvement Plancheck (DWG)
Lii Parcel Map (PM)
Di Quitclaim of Easement (PR)
Type:
Lii Reversion to Acreage (RA)
Lii Street Vacation (STy)
Di Tentative Parcel Map (MS)
1'13
Certificate of Correction (CCOR)
Covenant of Easement (PR)
DI Substantial Conformance
Exhibit (SCE)
LII Trails Di < mile LII > mile
LII Other
APPLICATION ACCEPTED BY: PJItiN RECEIVED
t1 ?c?J
e~404'e?'\t4
E-23 Page 2 of 2 REV 4/30/10
ci- O(cZ7
'A
\. CITY OF
CAR LSBAD
APPLICATION
ENGINEERING
PLANCHECK
Development Services
Land Development Engineering
1635 Faraday Avenue
7611602-2750
www.carlsbadca.gov
CemniAte all annrnnrlatn lnfnrmatItn Writ NIA whn nnt nnIIehIa
Project Name: Murova Development Date:6-28-11
Project Description: Easement for Public Sower and Water servinq Murova Development
Tentative Tract Map number CT 06-27 located In Lot 87 of Carlsbad Tr 90-15 Unit 03
Project Address: East of Nightshade, North of Aviara Parkway
Lot No(s).:Portion of Lot 87 Map No.;90-15 APN(s):215.641-33
Number of Lots:I Number of Acres:.029 (easmt) Miles of Trails:_______________________
Owner: Aviara Master HOA Applicant: Taylor Morrison of CA. LLC
Mailing Address: do A. Mcklbbln Mailing Address: 15 Cushing, Irvine, CA 92618
7529 Draper Ave. Suite D
Phone Number: La Jolla, CA 92037 Phone Number: 949-341-1289
Fax Number: Fax Number 949-341-1400
E-mail: adrlan(ämckibbin.com E-mail: atornlllo(ärtavlormorrison.com
all the above I certify thaiEsiE
Information of my kfowIdge.
Signature: e: 4'jj./,7 Signature: Date: 6-28-11
Civil Engineer Richard C. Brasher Soils Engineer. Shawn Weedon
Firm: Panqaea Land Consultants Firm: Geocon Inc.
Mailing Address: 2834 La Mirada Drive. Suite H Mailing Address: 6960 Flanders Drive
Vista, CA 92081 San Diepo, CA 92121
Phone Number 760-726-4232 Phone Number: 858-558-6900
Fax Number: 760-727-1405 Fax Number 858-558-6159
E-mail: rlch.brasherpangaealandconsult E-mail: weedon(peoconInc.com State Registration Number C43819 State Registration Number Additional Comments:
IMPROVEMENT VALUATION
I. What water district Is the proposed project located In? (check one)
Eli Carlsbad Municipal Water District ID Olivenhain ID Vallecitos
2. If In the Carlsbad Municipal Water District, what Is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and Irrigation, and drainage improvements (if applicable)? $
GRADING QUANTITIES
cut 0 cy fill 0 cy remedial 0 1cy import 0 - cy export 5so011s cy
E-23 Page 1 of 2 REV 4/30/10
oh x- 'goo— >
CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadcagov
Complete all appropriate Information. Write N/A when not anolicable
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY
Project
I.D.
Drawing
Number
Deposit /Fees
Paid
Comments
D Adjustment Plat (ADJ)
13 Certificate of Compliance (CE)
Dedication of Easement (PR) Type: Public Sewer & Water
Type:
DI Encroachment Permit (PR)
DI Final Map (FM)
U Grading Plancheck (DWG)
DI Improvement Plancheck (DWG)
DI Parcel Map (PM)
13 Quitclaim of Easement (PR)
Type:
DI Reversion to Acreage (RA)
O Street Vacation (SW)
O Tentative Parcel Map (MS)
Di Certificate of Correction (CCOR)
Covenant of Easement (PR)
Di Substantial Conformance
Exhibit _(SCE)
Dl Trails DI <mile D > mile
Di Other
APPLICATION ACEJYFED BY: DATE STAMP
fVJD
JUL 19 2011
LAND DEVELOPMENT
ENGINEERING
E-23 Page 2 of 2 REV 4/30/10
4
^,A, APPLICATION Development Services
04 h> ENGINEERING Land Development Engineering
CITY OF PLANCHECK 1635 Faraday Avenue
CARLSBAD E-23 760-602-2750
www.carlsbadca.gov
Complete all appropriate information. Write NIA when not applicable.
Project Name:Murova Subdivision Date:2-21-2011
Project Description: detached condominium units per TM CT 06-27
Project Address:West of Black Rail Road, North of Aviara Parkway, East of Towhee Lane
Lot No(s).: Map No.:CT 06-27 APN(s):215-040-03
Number of Lots:5 Number of Acres. 20.28 Acres Miles of Trails:________________________
Owner: Akira Murova & Toshiko Murova Applicant: Taylor Morrison
Mailing Address: P.o. Box 131016 Mailing Address: 15 Gushing
Carlsbad, CA 92013 Irvine, CA 92618
Phone Number: Phone Number: 949-341-1289
Fax Number: Fax Number:
E-mail: E-mail: atornillotavIormorrison.com
I certify that I am the legal owner and that all the above
information is true and correct to the best of my knowledge.
______Date:2.\2.4\ t _,,j Signature:
Civil Engineer: Richard C. BAsher Soils Engineer: Shawn Weedon
Firm: Pan iaea Land Consultants Firm: Geocon Inc.
Mailing Address: 2834 La Mirada Drive, Suite H Mailing Address: 6960 Flanders Drive
Vista, CA 92081 San Diego, CA 92121
Phone Number: 760-726-4232 Phone Number: 858-558-6900
Fax Number: 760-727-1405 Fax Number: 858-558-6159
E-mail: rich.brasher(äpangaealandconsult E-mail:
State Registration Number: C43819 State Registration Number: '14
Additional Comments:
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
Carlsbad Municipal Water District ED Olivenhain ID Vallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
GRADING QUANTITIES
cut ________cy fill cy remedial cy import cy export cy
E-23 Page 1 of 2 REV 4/30/10
CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Engineering Departmçnt
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Comnlate all annmnriata infrirmatinn Writh sJIA whon nnt 2nniii-2hia
APPLICATION FOR
(check all that apply) 1, r
ONje&
Set .
Difl
O Adjustment Plat (ADJ)
EJ Certificate of Compliance (CE)
O Dedication of Easement (PR)
Type:
Type:
O E9çroachment Permit (PR)
F3aI Map (FM) CtO6L1 t 7
\216rajng Plancheck (DWG) J3- LH (_L7/-
E4fprovement Plancheck (DWG)
El Parcel Map (PM)
El Quitclaim of Easement (PR)
Type: t
O Reversion to Acreage (RA)
O Street Vacation (STy)
O Tentative,Parcel Map (MS)
El Certificate of Correction (CCOR)
O Covenant of Easement (PR)
El Substantial Conformance
Exhibit (SCE)
El Trails 0 <mile El > mile
El Other
Page 2 of 2 REV 7/7/09
4
^'A1 APPLICATION Development Services
04h> ENGINEERING Land Development Engineering
CITY OF PLANCHECK 1635 Faraday Avenue
760-602-2750 CARLSDDA E23
Complete all appropriate information. Write N/A when not applicable.
Project Name:Murova Subdivision Date:2-21-2011
Project Description: 2 detached condominium units per TM CT 06-27
Project Address- West of Black Rail Road. North of Aviara Parkway, East of Towhee Lane
Lot No(s).: Map No.:CT 06-27 APN(s):215-040-03
Number of Lots:5 Number of Acres:20.28 Acres Miles of Trails:_________________________
Owner: Akira Murova & Toshiko Murova Applicant: Taylor Morrison
Mailing Address: P.o. Box 131016 Mailing Address: 15 Cushing
Carlsbad, CA 92013 Irvine, CA 92618
Phone Number: Phone Number: 949-341-1289
Fax Number: Fax Number:
E-mail: E-mail: atornilIo(ätavlormorrison.com
I certify that I am the legal owner and that all the above
information JrLIe and correct to the best of my knowledge.
Signature ~Date:-.201 / Signature: Date:
Civil Engineer: Richard C'iher Soils Engineer: Shawn Weedon
Firm: Pan iaea Land Consultants Firm: Geocon Inc.
Mailing Address: 2834 La Mirada Drive, Suite H Mailing Address: 6960 Flanders Drive
Vista, CA 92081 San Diego, CA 92121
Phone Number: 760-726-4232 Phone Number: 858-558-6900
Fax Number: 760-727-1405 Fax Number: 858-558-6159
E-mail: rich. brasherpanqaeaIandconsult E-mail:
State Registration Number: C43819 State Registration Number: U14
Additional Comments:
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
DI Carlsbad Municipal Water District ED Olivenhain ED Vallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
GRADING QUANTITIES
cut _______ cy fill cy remedial cy import cy export cy
E-23 Page 1 of 2 REV 4/30/10
CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
- Engineering Department
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Comnlate all annmnrinip infrrmfinn Writ MIA whAn nnt 2nnljr2hIo
APPLICATION FOR P tojomysDrawin
(check all that apply)pgi U.
Commën 0,21
=Adjustment Plat (ADJ)
Certificate of Compliance (CE) -.
LJ Dedication of Easement (PR)
Type:
Type:
El Encroachment Permit (PR)
0 Final Map (FM)
O Grading Plancheck (DWG)
0 Improvement Plancheck (DWG)
0 Parcel Map (PM) S
0 Quitclaim of Easement (PR)
Type:
El Reversion to Acreage (RA)
0 Street Vacation (STy)
0 Tentative Parcel Map (MS)
0 Certificate of Correction (CCOR)
O Cyn-ant of Easement (PR)
U4ubstantial Conformance
Exhibit (SCE)
er
'0 Trails 0 < mile 0 > mile
OOther
Page 2 of 2 REV 7/7/09
FfrstAmerican Title
First American Title Company
4380 La Jolla-Village Drive, #200
San Diego, CA 92122
October 06, 2011
April Tornillo
Taylor Morrison California, LLC
8105 Irvine Center Drive, Suite 1450
Irvine, CA 92618
Phone: (949)341-1361
Fax: (866)379-4399
Customer Reference: Muroya
Title Officer: Hugo Tello
Phone: (909)257-3956
Order Number: 3696727 (29)
Escrow Number: 3696727
Property: 6697 Black Rail Road
City Carlsbad, CA
Attached please find the following item(s):
Guarantee
Thank You for your confidence and support. We at First American Title Companymaintain the
fundamental principle:
Customer First!
First American Title Company
S
Form No. 14 Order Number: 3696727
CLTA Subdivision Guarantee (410-75) Page Number: 1
SUBDIVISION GUARANTEE
Fee: $150.00
No.:
Subdivision: City of Carlsbad Tract No. 06-27 Muroya Subdivison
First American Title Insurance Company
a corporation
GUARANTEES
The County of San Diego and any City within which said subdivision is located in a sum not exceeding
$1,000.00.
That, according to those public records which, under the recording laws, impart constructive notice of
matters affecting the title to the land included within the exterior boundary shown on the map of the
above referenced subdivision, the only parties having any record title interest in said land whose
signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates
consenting to the recordation of said map and offering for dedication any streets, roads, avenues and
other easements offered for dedication by said map are:
Akira Muroya and Toshiko Muroya, Trustee of the Muroya Family Trust dated May 18, 1998, as owner, as
Owner
The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3)(A) (i) of the
Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not required by the
Governing body:
San Diego Gas and Electric Company, as holder of an easement for public utilities and incidental purposes
recorded February 28, 1957, in Book 6475, Page 552 of Official Records.
Frank H. Ayres and Son, a Corporation, as holder of an easement for roadway purposes and right of way for
installation of public utilities and pipelines and incidental purposes recorded August 26, 1960, as Instrument
No. 174500, of Official Records.
Carlsbad Municipal Water District, as holder of an easement for a pipeline or pipelines for any and all
purposes, together with their necessary fixtures and appurtenances including but not limited to conduits,
and cables for power transmission and communication purposes, together with the right of ingress thereto
and egress therefrom, to and along said right of way by a practical route or routes and incidental purposes
recorded August 14, 1961, as Instrument No. 139572, of Official Records.
San Diego Gas and Electric Company, as holder of an easement for public utilities and incidental purposes
recorded June 24, 1965, as Instrument No. 113006, of Official Records.
First American Title Company
Form No. 14
CLTA Subdivision Guarantee (4-10-75)
Order Number: 3696727
Page Number: 2
San Diego Gas and Electric Company, as holder of an easement for public utilities and incidental purposes
recorded June 16, 1966, as Instrument No. 99308, of Official Records.
Carlsbad Municipal Water District, as holder of an easement for a pipeline or pipelines for any and all
purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and
cables for power transmission and communication purposes, together with the right of ingress thereto and
egress therefrom to and along said right of way by a practical route or routes and incidental purposes
recorded January 5, 1977, as Instrument No. 77-003537, of Official Records.
City of Carlsbad, a municipal corporation , as holder of an easement for public street and public utility and
incidental purposes recorded March 2, 1998, as Instrument No. 1998-0107903, of Official Records.
The map hereinbefore referred to is a subdivision of:
BEING A SUBDIVISION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO UNITED STATES GOVERNMENT SURVEY.
Dated: 10/03/2011
•
I '4I
UP?(IStIZL:
I1Ld_• •e•... ..s•
First American Title Company
S
Form No. 14 Order Number: 3696727
CLTA Subdivision Guarantee (4-10-75) Page Number: 3
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of
the taxing authority or by the public records.
(1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title
to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in
the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such
land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such
property, rights or easements are expressly and specifically set forth in said description.
Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
the "Assured': the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
"land: the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
"mortgage": mortgage, deed of trust, trust deed, or other security instrument.
"public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
'date": the effective date.
2. Notice of Claim to be Given by Assured Claimant
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or
matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in
(b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to
establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under
the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters
not covered by this Guarantee.
Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an
adverse judgment or order.
In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give
the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the
lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to
the Assured under the Guarantee shall terminate.
First American Title Company
I I
Form No. 14 Order Number: 3696727
CLTA Subdivision Guarantee (4-10-75) Page Number: 4
S. Proof of Loss Damage.
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss
or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate.
In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks,
correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as
confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably
requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured
within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a
mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing
thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the
Company for cancellation.
To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with
any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which
the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions
From Coverage of This Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
the amount of liability stated in Schedule A or in Part 2;
the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this
Guarantee occurs, together with interest thereon; or
the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defect, lien or encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein.
The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss.
No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any
act of the Assured claimant.
First American Title Company
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Form No. 14 Order Number: 3696727
CLTA Subdivision Guarantee (4-10-75) Page Number: 5
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in
respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breath of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or
the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if
the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract
This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured
and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company.
14. Notices, Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ma, California, 92707.
First American Title Company