HomeMy WebLinkAboutCT 90-07; ST. TROPEZ WEST; Engineering ApplicationSUBDIVISION LOG 4K
SIM.r
SUBDIVISION NAME,
1.
g'r-:1e.c*5E Ug—
P&i Fce4 P. ILc —
5UBDIV!SON NO. ilO-U1-
OWNER/DEvcLop(R $
ADDRESS, ZCf
PHONE:44-3ith
ENGINEER OF WORK, 1P
ADDRESS, 2(00 'zr<n 'ri -iT
Jll'LI4
TENTATIVE NAP APPROVAL: (C-l1--1.(- 1Sf EXTENSION, 2ND EXTENSIONs__________
IMPROVEMENT PLAN NO.,_____ GRADING PLAN NO.:
A5 UUIUS" APPROVED, GRADING PERMIT NO.,_____________________
EROSION CONTROL PLAN
BONDS AND AGREEMENTS
AGREEMENT TITLE EXPIRATION
DATE
FAITHFUL
PERFORMANCE
BOND ANT.
LABOR &
MATERIALS
BOND ANT.
HONUHtN
TAVION
BOND ANT.
5EcURUy
TYPE (CASH,
SURETY, LOC)
'COMMENTS
SURETY COMPANY:
ADDRESS:
CONTACT: PHONE:
EASEMENTS
REPORTS
rvc OF REPORT STATUS (IN, N/A) CHECKED BY
Title Report
ubd1vtsion_Uusrsntee
Traverse Cslce
Hy.driulic Cues:
Hydrolo9y dice
Sew er Ceics
WItP
SoI1Tliport
WATER DISTRICf,CPt.j SEWER DISTRICT:
SCHOOL DISTRICT,
DRAINAGE AREA, )4 -
PLANNING ACTION: 1mPcjr)_51vco—(TJzJ'pjIiD-
COMMENTS:
P1 A N N I NC AREAS =
SPECIAL ZON(Ss(ASSESSMENT, THOROUCHFARC,
BRIDGE DISTRICTS:
CITY OF CARLSBAD
Engineering Department
WORKSHEET F FEES, DEPOSITS AND SECURI S REQUIRED
DURING MAP CHECK AND PIANCHECK PERIOD
'Project Name: i1ecE2E Prepared By: Date___________
A. FEES AND DEPOSITS REQUIRED WITH FINAL MAP AND PLANS SUBMITTAL (UNLESS OTHERWISE SHOWN
ON THE CONDITIONS OF APPROVAL)
Computations Amount
Final Parcel/Tract Map Fee ......?C(2t (3 97 •- $ Grading & Erosion Control Plancheck Fee..............( -i-- -I--ic 1,4c7 Landscape & Irrigation Plancheck Fee
Improvement Plancheck Fee ............
CMWD Plancheck Fee . ........................
Other_____________________________________
B. FEES REQUIRED 'PRIOR TO FINAL MAP AND PLANS APPROVAL (UNLESS OTHERWISE SHOWN ON THE
CONDITIONS OF APPROVAL)
/Th Final Parcel/Tract Map Fee Balance ............... Pe r1 - $ Z4a32 Q)
Grading & Erosion 'Control ?Iancheck Fee Balance ... / _____________ Landscape & Irrigation Plan-check fee Balance ......./ b1..33 -> 'Improvement Plancheck Fee Balance
Landscape & Irrigation Inspection Fee .............. Improvement Inspection, Fee . ................... 'v.- Lj CR -
Duplicate Tracing Fee ...........................
Street Light Energizing Fee .......................
'9. Street Light Connection Fee ......................
Street Sign Deposit ...............................
Drainage Area Fee ..............................p/p...
Park-in-Lieu Fee ................................("( 1 cc'O P.O
Other
C. SECURITIES REQUIRED PRIOR TO FINAL MAP AND PLANS APPROVAL (UNLESS OTHERWISE SHOWN ON
THE CONDITIONS OF APPROVAL)
1. Grading & Erosion Control Security r,. 1'7 ' 101000 $ C4
2.. Grading & Erosion Control Cash Security ...............'12VV '
3. Improvement Faithful Performance/Warranty Security , 11'
4. Improvement Improvement Labor & Materials Security .............. - Jo?5 7&j75 j
5. Subdivision Monumentation Security ............... , -V-/ - -?-q- 5. Other Other_______________________________________
D. FEES REQUIRED PRIOR TO GRADING PERMIT ISSUANCE (UNLESS OTHERWISE SHOWN ON THE
CONDITIONS OF APPROVAL);
Grading Permit Fee ...........................
'Other'
E. FEES REQUIRED PRIOR TO RIGHT-OF-WAY PERMIT ISSUANCE (UNLESS OTHERWISE SHOWN ON' THE
CONDITIONS OF APPROVAL)
Right-of-Way Permit Fee .......................
Other_______________________________________
F. "FEES REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE (UNLESS OTHERWISE SHOWN ON THE
CONDITIONS OF APPROVAL) '
1 Bridge & Thoroughfare Fee
2 Public tFacilities Fee -'
School Fee ...................................
Traffic Impact Fee .................................
Facilities Management Fee .....................
Sewer Benefit Area Fee ........................
Sewer Service Connection Fee '
Sewer Lateral Fee ............................
Fire Hydrant Fee ..............................
Other
NOTE: SOME FEES SHOWN HEREON ARE ESTIMATES OF FUTURE FEES: 'FEE ARE SUBJECT TO CHANGE. IN SOME INSTANCES, DEVELOPER
WILL BE REQUIRED TO PAY NEW FEE AT TIME OF COLLECTION.
P:\DOCS\MISFORMS\FRM00025.FRM Rev. 01/14/92
CITY OF CARLSBAD
EI6IIEERII6 DEP
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FEES AIIDEPQSITS VOIiJIEE11
PREPARED BY;
PROJECT RAM I
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DATE;______________
TENTATIVE PARCEL RAP P
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, NAP PIE (_I LOT$)(PARCEL MAP/FINAL
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(EXPEDITED/NOT 'EXPEDI
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PARCEL NAP EXTENSION Fig IMPROVEMENT PLAN CHICK FE
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L
DEPOSIT WITH SUBMITTAL
_____
____ RECEIPT NO.
IMPROVIRINt flEICRIPTION
BONDED VALUE
TOTAL;
'
*
PERCENTAGE
IMPROVEMENT, INSPECTION
P
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E
:
ITEM
VALUE.
TOTAL:
X - PERCENTAGE PARK-IN-LIEU FEE (CIRCLE ONE)
:
DWELLING TYPE: SF OR D
U
P
L
E
X
MF ((4 UNITS) NP (> 14 UNITS) MN
ARIA: 1 2 3 4
NUMBER OF UNITS:
x
AREA FEE/UNIT
STREET LIGHT ENERGIZI
N
G
;
'V
5.800 LUMEN
'AT 81.00 0 9.500 LUMEN AT 111.06 •
16.000 LUMEN AT 152.10 a 20.000 LUMEN AT 169.38 a
TOTAL;
a
GRADING PLAN CHECK FEE
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P
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RECEIPT NO.
(EXPEDITED/NOT EXPEDIT
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F
GRADING PLAN CHECK PIE CU YARDS) . . . . .
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GRADING CASH DEPOSIT
• • . •. . .. • . . . . • •
. . . . • .
.
_____________
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DUPLICATE TRACING FEE ',,' • . . . • , , • , • , • *5 • • • • • • •
________________
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STREET SIGN DEPOSIT:
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AT
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TREET STRIPING DEPO
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_______
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PRONT LINE ORAREA FEE
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(
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P
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) • , . . . . • . • .
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DRAINAGE AREAFU(ARIA
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TOTAL ACRES!
_ X
AREA PEE
IALUE' O nA3TIR DRAINA
.... AS NOTED 4$ NstM DRAINAGE PLAN DOCUMENTS
V
. MULTIPLIED BY CURRENT
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--LINE VALUE. X FACTOR
AMOUNT•--
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X
x
TOTAL;
V
DRAINAGE FEE DUE;
DI T I ONAL FEES: ai'p- (tZ6t I eaipt
.• TYPE: ______
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TYPE; ___________________________
_
_
_
_
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_
_
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_
_
_
. . . . . . . . . . . • • • .
V TOTAL FEES AND DEPOSITS:
• • • •-
V
(IN ADDITION, A GRADIN
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SUBDIVISION GUARANTEE
Tract No Carlsbad Tract 90-7
0 Order No. 934803
Consisting of 2
Sheets
0
Issued for the benefit and protection of the County of
San Diego and any City within which said subdivision'is
located. 0•
After an examination of the official records of the County
of San Diego,. State of California, which records impart
constructive notice of matters relating to the title to
the land hereinafter described. -
COMMONWEALTH LAND TITLE COMPANY
a California corporation 0
hereby guarantees, in a sum not exceeding $1,000.00, that
as appears from said records, the only parties having any
record interest in said land; and whose signatures are
necessary, under the provisions of the California Subdivision
Map Act, to entitle saidSubdivision Map to be filed and
0 to effect the dedication of:said Subdivision Map are the 0
following
0
0
0
• (1)
0 St., Tropez West, a -General Partnership as OWNER
0 (2)
0 Capital B4nk: of Carlsbad, as Trustee under those certain
Deeds of Trust recorded June 28, 1991 as File No.s 1991-0316174
and 1991-0316175 of Official Records.
0 •
• (3) i •
- 0
Joseph M. & Sally Ann Vigil Trustee's UDT 12-5-86 Vigil
Family Trust, as Trustee under that certain Deed of Trust
recorded October 31, 1991 as File No. 1991-0563686 of Official
Records. 0 0 - • , - 0
0 •: -
0
, (4)
The signature of The California Coastal Commission holder 0
0 of an Irrevocable Offer of Dedication as disclosed by Instrument
recorded April 18, 1991 as File No 1991-0176161 of Official
- 0 • 0 ReCords has been ommitted under -the provisions of Section
66436 Subsection (a)(3)(A)(i) of the Subdivision Map Act,'
0 inasmuch as 'such interest cannot ripen into a fee and said 0
signature is not required by the government body.
. . The picoperty referenced by this Guarantee is.described
as follows:
Lot 1 of Block "B't of The Hays Land company Addition, in.th,e
City of Carlsbad, County of -San Diego,. State of California,
according to Map thereof No. 1221, filed in the Office
of the County Recorder of San Diego County, November 4,
1909. -
In witness whereof Commonwealth Land Title Company, a California
corporation, has caused its corporate seal to be affixed
hereto, and has caused to be affixed the signature of its
Assistant Secretary, thereunto duly -authorized. •
Dated at San Diego this 27th day of November, 1991.
15
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS
The following terms when used in this Guarantee mean:
"land": The land described, specifically or by reference, in this
Guarantee and improvements affixed thereto which by law
constitute real property;
"public records": Those records which impart constructive notice
of matters relating to said land;
(C) "date": the effective date;
"the Assured": the party or parties named as the Assured in this
Guarantee, or in a supplemental writing executed by the Com-
pany;
"mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of the
following:
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.
Unpatented mining claims; reservations or exceptions in patents or
in Acts authorizing the issuance thereof; water rights, claims or title to water.
Title to any property beyond the lines of the land expressly
described in the description set forth in this Guarantee, or title to
streets, roads, avenues, lanes, ways or waterways on which such
land abuts, or the right to maintain therein vaults, tunnels, ramps
or any other structure or improvement; or any rights or
easements therein unless such property, rights or easements ar
expressly and specifically set forth in said description.
Defects, liens, encumbrances, adverse claims against the title as
guaranteed or other matters (1) created, suffered, assumed or
agreed to by one or more of the Assured; or (2) resulting in no
loss to the Assured. -
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost to institute and
prosecute any action or proceeding or do any other act which in
its opinion may be necessary or desirable to establish or confirm
the matters herein guaranteed; and the Company may take any
appropriate action under the terms of this Guarantee whether or
not it shall be liable thereunder and shall not thereby concede
- liability or waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute
any action or proceeding, the Assured shall permit the Company
to use, at its option, the name of the Assured for such purpose.
Whenever requested by the Company, the Assured shall give the
Company all reasonable aid in prosecuting such action or
proceeding, and the Company shall reimburse the Assured for any
expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed
the Company is liable under this Guarantee shall be furnished to the
Company within sixty days after, such loss or damage shall have been
determined, and no right of action shall accrue to the Assured under this
Guarantee until thirty days after such statement shall have been furnished,
and no recovery shall be had by the Assured under this Guarantee unless
action shall be commenced thereon within two years after expiration of
said thirty day period. Failure to furnish such statement of loss or damage
or to commence such action within the time herembefore specified, shall
be a conclusive bar against maintenance by the Assured of any action under
this Guarantee.
5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS
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 covera this Guarantee, or to pay the full amount
of this Guarantee or, if this uarantee is issued for the benefit of a holder
of a mortgage, the Company shall have the option to purchase the
indebtedness secured by said mortgage. 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 and the mortgage securing the same to the Company upon
payment of the purchase price.
6. LIMITATION OF LIABILITY - PAYMENT OF LOSS
The liability of the Company under this Guarantee shall be limited
to the amount of actual loss sustained by the Assured because of
reliance upon the assurances herein set forth, but in no event shall
such liability exceed the amount of the liability stated on the face page hereof.
The Company will pay all costs imposed upon the Assured in
litigation carried on by the Company for the Assured, and all costs
and attorney's fees in litigation carried on by the Assured with the
written authorization of the Company.
No claim for damages shall arise or be maintainable under this
Guarantee (1) if the Company after having received notice of an
alleged defect, lien or encumbrance not shown as an Exception or
excluded herein removes such defect, lien or encumbrance within
a reasonable time after receipt of such notice, or (2) for liability
voluntarily assumed by the Assured in settling any claim or suit
without written consent of the Company.
All payments under this Guarantee, except for attorneys' fees as
provided for in paragraph 6(b) hereof, shall reduce the amount of
the liability hereunder pro tanto, and no payment shall be made
without producing this Guarantee for indorsement of such
payment unless the Guarantee be lost or destroyed, in which case
proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
When liability has been defmitely fixed in accordance with the
conditions of this Guarantee, the loss or damage shall be payable
within thirty days thereafter.
.7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever, the Company shall have settled a claim under this
Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured, and it 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 such claim had this Guarantee not been issued. If
the payment does not cover the loss of the Assured, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said toss. The Assured if requested by the
Company, shall transfer to the Company all rights and remedies against any
person or property necessary in order to. perfect such right of subrogation,
and shall permit the Company to use the name of the Assured in, any
transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT
Any action or actions or rights of action that the Assured may have or
may bring against the-Company arising out of the subject matter hereof
must be based on the provisions of this Guarantee.
No provision or condition of this Guarantee can be waived or changed
except by a writing endursed or attached hereto signed by the President, a
Vice President, the Secretary, an Assistant Secretary or other validating
officer of the Company.
9.. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to the
Home Office, Commonwealth Land Title Insurance Company, 8 Penn
Center, Philadelphia, Pennsylvania 19103.
10. FEES
The fee specified on the face of this Guarantee is the total fee for
title search and examination and for this Guarantee.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused, its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: By
Secretary President
CLTA GUARANTEE CONDITIONS AND STIPULATIONS
FORM 2015-1
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SUBDIVISION GUARANTEE
Tract No. 90-7 . 0
Order.No. .934803
Consisting of
.Sheets 2
Issued for the benefit and protection of the County of
San Diego,and any City within which said subdivision is
located
After anexaminationof the officia1recôrds of the County
ofSan Diego, State of ,.California, which records impart
constructive.notice of matters relating to the, title to
the land hereinafter, described. .
ALTH LAND TITLE WANY.
A' CALIFORNIA aiai
herebyguarartees;sin'a sum not exceeding$'lOOO.00, that•
asappears front said'recods,the only parties having any
record interestin said land, and whose signatures.are
necessary, under the provisions of the California Subdivision
Map Act; toentit1esaid,,Subdivisiofl Map to be filed :and
toeffect the dedicatnion of said Subdivision Map are the
following: . • . •.• ': .
0•, .
.
S r '• ,. tO 0
St Tropez West, ';a California General Partnershi.p, as miner
(2)
The signature of California Coástal'CorrunissiOn as holder of easement--rights.-_.'
recorded April. 18, 1991 as file page No. 91-0176161 of Official Record
0 has beèn omitted under throvisions of Section 66436 Subáection (a)(3)(A)(i)
of the Subdivision Map Act, inasmuch,aâ such interest cannot ripen into a fee
and said signature is not required by the government body.
0 - , 0 - 0
0 • 0
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The property referenced by this Guarantee is described
as follows:
SEE ATTACHED LEGAL
In witness 'whereof COO24ONNEALTS LAND TITLE OOMANY
a California corporation, has caused its corporate seal
to 'be affixed hereto, and has. caused to be affixed the
signature of its Assistant Secretary, thereinto duly authorized.
Dated at San Diego this 18th day of-APRIL-'21 1- l9i
--." -.--
TLE'OOM .
' PANY,
A rl UA cdoiraticn An
.•..
:
Exhibit ç '!A"
LOT 'l OF BLOCK "B" OF THE .HAYS LAND COMPANY ADDITION, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF.NO. 12211 FILED IN THE OFFICE -OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909. • •
- • - ..•
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• 10 * - ¶ ••
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS
The following terms when used in this Guarantee mean:
"land": The land described, specifically or by reference; in this
Guarantee and improvements affixed thereto which by law con-
stitute real property;
'public records": Those records which impart constructive no-
tice of matters relating to said land;
"date": The effective date;
"the Assured": The party or parties named as the Assured in
this Guarantee, or in a supplemental writing executed by the
Company;
"mortgage": Mortgage, deed of trust, trust deed, or other secur-
ity instrument.
EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of
the following:
Taxes or assessments which are not shown as existing liens by
the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing the issuance thereof; water rights, claims
or title to water.
Title to any property beyond the lines of the land expressly
described, in the description set forth in the Guarantee, or title
to streets, roads, avenues, lanes, ways or waterways on which
such land abuts, or the right to maintain therein vaults, tunnels,
ramps or any other structure or improvement; 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 against the title as
guaranteed or other matters (1) created, suffered, assumed or
agreed to by one or more of the Assured; or (2) resulting in no
loss to the Assured.
3. PROSECUTION OF ACTIONS
The Company shall have the right at its own cost to institute
and prosecute any action or proceeding or do any other act which
in its opinion may be necessary or desirable to establish or con-
firm the matters herein guaranteed; and the Company may take
any appropriate action under the terms of this Guarantee whether
or not it shall be liable thereunder and shall not thereby concede
liability or waive any provision hereof.
In all cases where the Company does so institute and prosecute
any action or proceeding, the Assured shall permit the Company
to use, at its option, the name of the Assured for such purpose.
Whenever requested by the.Company, the Assured shall give the
Company all reasonable aid in prosecuting such action or pro-
ceeding, and the Company shall reimburse the Assured for any
expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed
the Company is liable under this Guarantee shall be furnished to the
Company within sity days after such loss or damage shall have been
determined, and no right of action shall accrue to the Assured under this
Guarantee until thirty days after such statement shall have been fur-
nished, and no recovery shall be had by the Assured under this Guarantee
unless action shall be commenced thereon within two years after expira-
tion of said thirty day period. Failure to furnish such statement of loss
or damage or to commence such action within the time hereinbefore
specified, shall be a conclusive bar against maintenance by the Assured
of any action under this Guarantee.
5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS
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 lull
amount of this Guarantee or, if this Guarantee is issued for the benefit
of a holder of a mortgage, the Company shall have the option to purchase
the indebtedness secured by said mortgage. 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 and the mortgage securing the same to the
Company upon payment of the purchase price.
6. LIMITATION OF LIABILITY— PAYMENT OF LOSS
The liability of the Company under this Guarantee shall be lim-
ited to the amount of actual loss sustained by the Assured because
of reliance upon the assurances herein set forth, but in no event
shall such liability exceed the amount of the liability stated on
the face page hereof.
The Company will pay all costs imposEd upon the Assured in
litigation carried on by the Company for the Assured, and all
costs and attorney's fees in litigation carried on by the Assured
with the written authorization of the Company.
No claim for damages shall arise or be maintainable under this
Guarantee (1) if the Company after having received notice of
an alleged defect, lien or encumbrance not shown as an Excep-
tion or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice, or ( 2 ) for
liability voluntarily assumed by the Assured in settling any claim
or suit without written consent of the Company.
All payments under this Guarantee, except for attorneys' fees as
provided for in paragraph 6(b) hereof, shall reduce the amount
of the liability hereunder pro tanto, and no payment shall be
made without producing this Guarantee for indorsement of such
payment unless the Guarantee be lost or destroyed, in which
case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
When liability has been definitely fixed in accordance with the
conditions of this Guarantee, the loss or damage shall be payable
within thirty days thereafter.
SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee.
all right of subrogation shall vest in the Company unaffected by any act
of the Assured, and it 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 such claim had this Guarantee not been issued.
If the payment does not cover the loss of the Assured, the Company shall
be subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. The Assured if requested by
the Company, shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect such right
of subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
GUARANTEE ENTIRE CONTRACT
Any action or actions or rights of action that the Assured may have or
may bring against the Company arising out of the subject matter hereof
must be 6ased on the provisions of this Guarantee.
No provision or condition of this Guarantee can be waived or changed
except by a writing endorsed or attached hereto signed by the President,
a Vice President, the Secretary, an Assistant Secretary or other validating
officer of the Company.
NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shallbe addressed to it,
at the office which issued this Guarantee.
The fee specified on the face of this Guarantee is the total fee for uric
search and examination and for this Guarantee.
i'.rm N.. It,, i,v,l 2 S
Exhibit "A"
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ui
LOT 1 OF BLOCK "B" OF THE HAYS LAND. COMPANY ADDITION, IN THE CITY OF
TATE OF CALIEORNIA,,.ACCORDING TO MAP-COUNTY "OF SAN.. DIEGO',' STATE,
THEREOF NO. 122-1; FILED IN THE OFFICE.F OTHE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 4, 1909
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14
-
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in thisGuarantee mean:
"land": The land described, specifically or by reference, in this
Guarantee and improvements affixed thereto which bylaw con-
stitute real property;
"public records': Those records which impart constructive no-
tice of matters relating to said land;
(C) "date": The effective date;
"the Assured": The party or parties named as the Assured in
this Guarantee, or in a supplemental writing executed by the
Company;
"mortgage": Mortgage, deed of trust, trust deed, or other secur-
ity instrument,
2. EXCLUSIONS FROM COVERAGE OF TI-ItS GUARANTEE
The Company assumes no liability for loss or damage by reason of
the following:
Taxes or assessments which are not shown as existing liens by
the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing the issuance thereof; water rights, claims
or title to water.
(C) Title to any property beyond the lines of the land expressly
described in the description set forth in the Guarantee, or title
to streets, roads, avenues, lanes, ways or waterways on which
such land abuts, or the right to maintain therein vaults, tunnels,
ramps or any other Structure or improvement; or any rights or
easements therein unless such property, rights or easements are
expressly and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title as
guaranteed or other matters ( I ) created, suffered, assumed or
agreed to by one or more of the Assured; or (2) resulting in no
loss to the Assured.
3. PROSECUTION. OF ACTIONS
The Company shall have the right at its own cost to institute
and prosecute any action or proceeding or do any other act which
in its opinion may be necessary or desirable to establish or con-
firm the matters herein guaranteed; and the Company may take
any appropriate action under the terms of this Guarantee whether
or not it shall be liable thereunder and shall not thereby concede
liability or waive any provision hereof.
In all cases where the Company does so institute and prosecute
any action or proceeding, the Assured shall permit the Company
to use, at its option, the name of the Assured for such purpose.
Whenever requested by the Company, the Assured shall give thr
Company all reasonable aid in prosecuting such action or pro-
ceeding, and the Company shall reimburse the Assured for any
expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed
the Company is liable under this Guarantee shall be furnished to the
Company within sixty days after such loss or damage shall have been
determined, and no right of action shall accrue to the Assured under this
Guarantee until thirty days after such statement shall have been fur-
nished, and no recovery shall be had by the Assured under this Guarantee
unless action shall be commenced thereon within two years after expira-
tion of said thirty day period. Failure to furnish such statement of loss
or damage or to commence such action within the time hereinbefore
spectuied, shall be a conclusive bar against maintenance by the Assured
of any action under this Guarantee.
5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS
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 lull
amount of this Guarantee or, if this Guarantee is issued for the benefit
of a holder of a mortgage, the Company shall have the option to purchase
the indebtedness secured by said mortgage. Such purchase, payment or
tender of payment of the lull amount of the Guarantee shall terminate
all liability of the Company hereunder. In the event alter notice of claim
has been given to tJe Company by the Assured 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.
6. LIMITATION OF LIABILITY— PAYMENT OF LOSS
The liability of the Company under this Guarantee shall be lim-
ited to the amount of actual loss sustained by the Assured because
of reliance upon the assurances herein set forth, but in no event
shall such liability exceed the amount of the liability stated on
the face page hereof.
The Company will pay all costs imposed upon the Assured in
litigation carried on by the Company for the Assured, and all
costs and attorneys fees in litigation carried on by the Assured
with the written authorization of the Company.
No claim for damages shall arise or be maintainable under this
Guarantee (1) if the Company after having received notice of
an alleged defect, lien or encumbrance not shown as an Excep-
tion or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice, or ( 2 ) for
liability voluntarily assumed by the Assured in settling any claim
or Suit without written consent of the Company.
All payments under this Guarantee, except for attorneys' fees as
provided for in paragraph 6(b) hereof, shall reduce the amount
of the liability hereunder pro tanto, and no payment shall be
made without producing this Guarantee for indorsement of such
payment unless the Guarantee be lost or destroyed, in which
case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
When liability has been definitely fixed in accordance with the
conditions of this Guarantee, the loss or damage shall be payable
within thirty days thereafter.
SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee,
all right of subrogation shall vest in the Company unaffected by any act
of the Assured, and it 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 such claim had this Guarantee not been issued.
If the payment does not cover the loss of the Assured, the Company shall
be subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. The Assured if requested by
the Company, shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect such right
of subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
GUARANTEE ENTIRE CONTRACT
Any action or actions or rights of action that the Assured may have or
may brinc against the Company arising out of the subject matter hereof
must be based on the provisions of this Guarantee.
No provision or condition of this Guarantee can be waived or changed
except by a writing endorsed or attached hereto signed by the President,
a Vice President, the Secretary, an Assistant Secretary or other validating
officer of the Company.
NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to it,
at the office which issued this Guarantee.
The fee specified on the lace of this Guarantee is the total lee for title
search and examination and for this Guarantee.
to:ni N,'. ', 2.10