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HomeMy WebLinkAboutRP 92-09; Chiropractic Offices & Parking Lot; Redevelopment Permits (RP) (2)Issuing Office CHICAGO Title Company 925 "B" street San Diego, CA 92101 (619) 239-6081 CONTINENTAL ESCROW 5055 Avenida Encinas Suite 140 Carlsbad, California 92008 ATTN: JOAN MILLER FAX: (619) 544-6292 Your Ref: DEWHURST DEWHURST, WALTER Order No: 940518 - 02 Dated as of July 15, 1992 at 7:30 A.M. In response to the eJDOve referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shovm or referred to as an Exception in Schedule B or not excluded from coverage pursuamt to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms shouldbe read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Standard Coverage Extended Coverage California Land Title Association Standard Coverage Policy American Land Title Association Owner's Policy A.L.T.A. Residential Title Insurance Policy American Land Title Association Loan Policy Other: Title Officer, Susan Johnston 544-6223 • • • • • • • • Order No: 940518 02 SCHEDULE A 1. The estate or interest in the lamd hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: WALTER A. DEWHURST and VIRENE A. DEWHURST, as Trustees under Trust Agreement dated October 30, 1980, subject to Item No. 6 of Schedule B. 3. The land referred to in this report is situated in the State of California, County of San Diego and is described as follows: Parcel 2 of Parcel Map No. 1339, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 23, 1973 as File No. 73-048297 of Official Records. Order No: 940518 - 02 Page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions amd Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Property tauces, including any assessments collected with taxes, to be levied for the fiscal year 1992-93 which are a lien not yet payable. 2. The Lien of Supplemental Taxes, if any, assessed pursuamt to the provisions of Senate Bill No. 813 (1983) of the State of California. 3. The recital contained in the Owner's Certificate on said Map, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way of certain highways on said Map to overhang the abutting property. 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE CITY OF CARLSBAD For public street and highway purposes December 21, 1972 as File No. 339993, Official Records The Northeasterly eight feet (8') of the Southeasterly half of Lot 29 of Seaside Lands 5. A covenant and agreement Executed by: In favor of: Recorded: WALTER A. and VIRENE DEWHURST, husband and wife THE CITY OF CARLSBAD February 13, 1973 as File No. 73-038797, Official Records Which among other things provides: Public improvements 6. Any invalidity or defect in the title of the vestees in the event that the trust referred to in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms amd provisions of the trust instrument. END OF SCHEDULE B NOTE NO. 1: If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a copy of the trust instrument creating such trust, and all amendments thereto, together with a written verification by all present trustees that the copy is a true and correct copy of the trust, as it may have been Order No: 940518 Page 2 -02 SCHEDULE B (continued) amended, that it is in full force and effect and that it has not been revoked or terminated. NOTE NO. 2: Property taLxes for the fiscal year shown below are paid. For proration purposes the aunounts are: Fiscal year 1991-92 1st Installment: 2nd Installment: Homeowner's Exemption: Land: Improvements: Personal Property: Code Area: Parcel No: $260.33 $260.33 $None $30,991.00 $None $None 09098 203-181-16 NOTE: If this Company is requested to disburse funds in connection with this transaction. Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. NOTE: Any funding wires to CHICAGO TITLE COMPANY are to be directed as follows: SECURITY PACIFIC NATIONAL BANK 1200 Third Avenue San Diego, California 92101 ABA 122 000 043 Credit to CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT No. 411-263269 Further credit to Order No: 000940518 Attn Susam Johnston Title Officer gmd 0> LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location ol any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation ol these laws, ordinances or governmental regulations, except to the extent lhat a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except lo the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from ^ ; coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known lo the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of Ihe transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 (Rev. 10/91) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy power, and the existence or violation of any iaw or government regulation. This inciudes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. (9 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE The (ollowing matters are expressly excluded from the coverage of this policy and the Company wiil not pay loss or damage, costs, attorneys' (ees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited lo building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or herealter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel ol which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to lhe extent lhat a nolice of the enlorcemeni ihereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ol Policy (b) Any governmeniat police power not excluded by (a) above, except lo the extent lhat a nolice of the exercise ihereof or a nolice of a detect, lien or encumbrance resulting Irom a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy 2 Righls of eminent domain unless notice of the exercise Ihereof has been recorded in lhe public records at Date of Policy, bul nol excluding (rom coverage any laking which has occurred prior to Dale of Policy which would be binding on the righls of a purchaser (or value wilhoul knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, sutlered, assumed or agreed lo by the insured claimanl; (b) nol known to the Conipany not recorded in the public records al Dale ot Policy but known to the insured claimant and nol disclosed in writing to lhe Company Dy lhe insured claimant pnoi to the dale the insured claimanl became an insured under this policy; (c) resulting in no loss or damage lo the insured claimant; (d) aliaching or created subsequent to Dale ot Policy; or (e) resuliing in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4 Any claim, which arises oui of the transaction vesting in the insured the eslale or interesl insured by this policy, by reason ol the opeiaiion ot federal bankruptcy, slale insolvency, or similar creditors' rights laws. Thc above policy (orms may be issued to afford either Standard Coverage or Extended Coverage, in addition to the above Exclusions from Coverage, Ihe Exceptions Irom Coverage in a Standard Coverage poiicy wili aiso include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason o( 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authonty that levies taxes or assessments on rea! property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by Ihe records o( such agency or by lhe public records 2 Any lacts, rights, inleresls or claims which are not shown by the public records but which could be ascertained by an inspection o( llio land or by making inquiry ol persons in possession thereof 3. Easements, liens or encumbrances, or claims ihereof. which are not shown by the public records. '4. ^ Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any olher facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance ihereof; (c) water rights, claims or title to water, whether or not the matters excepted undor (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, iien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is nol financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against ioss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.