Loading...
HomeMy WebLinkAbout; HUNTLEY, EDWARD & MAXINE; 180094; EasementL 'I &-der ' ' '1L' v -N+nbk. ...... .d.: .................... ~r..!!~2.~~ ......... cl ( 'RECORDING REQUESTED BY ................................................................................................ WHEN RECORDED. PLEASE MAIL TO ..c.~t~...of...carlsb.~d ................................................. ......................... Carlsbad J ...................................................................... California .. ?g&Q...lilio..P-tco .......................................................... I _7 ** /e- ,:: ::;;& * . SPACE ABOVE THIS LINE FOR RECORDE ................................................................................................................................................................................... ...................................................................................................... Edward Paul Huntley and Maxine Edith Huntley -2 ........................................................................................ husband and wife For a Valuable Consideration, the receipt of which is hereby acknowledged, do ........ h ............................................................... GRANT to ........... ci.. .. ..* f...c.l.sbad....a....iC.i...c.O.r&ti.On...... ...................................................................................................................................................................................................... f I ;! !I Thrrt p&aa sf Tract II 3 of Carlobard Lmda accsrang to &p t.h&teof I; No. I6C1 fib4 in th!a 6pfIye:e of the County Recorder of 5aa Diego COUA~, more I' podhatarb bsrrePt~ ss ~OUOWS: I! I! ii aaigixdag at am angle poht in the must Easterly hine of said Tract 11 3 D j being thrt &uthrusfaoly corner of Land conveyed to Robert $. Tilmaxm by Dee1 I j recordled ia Book 1071, page 436 af keds; thence South 55 27' Rad abng tpU 8' thutheriby bs thrrrwf, a distance of 67-22 fed mare or lass to a pfat OP UM 1 ' Eaakrlg LinQ of the Stotct Highway right of way as deeded to the State of 6d.i- fornia by d8td recoldad in Baok 4331 I page 487 of Officbd hcordrp thnca Nsrtbw~~~terlgr dong said Kasdcriy Une cbf tb Isah Highway right ob way o distance ,af 135.00 feet; thence Kart9 64 Sb3 East a dl&an$a of 11 1. SB fwt b the Eaakrly line of said Tlllmmn land; tbrs~cc ;%t;at)s 34 33' Ea& d.oag saic Easterly line a dietrace of 9.63 feet d ore or teas %o a point aa the Easbriy ' be 0% add Tract 113; thence South 0 %!a East a dbashrnce sP 125.35 feat to oht point of beginning. EXCEPTING therefrom, that portion Df the laad described in dated to the Shta Records filed in the office of the Cooxiy 'i;Cecorder of $an Diego Gtmty. ,. of California ibhy a, 1952 and recordad in Book 4462, page '61 of Uffidal I: PARCEL 2. I, L &ot 13 sf 0ptina0 Tract in the Cuuaiy of 59in Diego, hate of Calif5sda. ~ according; bo MAP thcruol Ms. 1805 filtd in the .Recorder's ~fd~a 0% §an Dhgga l' County ticeptrrnbcs 4, 1924. 1' ! i i 5 i! ( // /I I: I! c II _, I I ,.. .. .sQ;* -;; . ,*,,< k.L .... cv lllc cu uc ~~~~,r.=~~~nH.-.~. .... WIIU~G I~~ILLG-~LX~~ ........... C~U ............................. ....subscribed to the within instrun acknowledged that .............. executed the same. WITNESS my hand a J official seal. (Seal) & "", .y ........ ............... ~,~-~.-~~",~~-~~-~"~ otar Public's Signature eF< -i;: -:;-,. '.,? ".. :l;5;;c :n and 3423 ESC 2564 5-60* P.S. Bo: +he Col;n:y CT C.3: 7': ;:., 5+,-:.p r.f P I. My Cornmisria.. 5.~i:.:: 3 5:;; 75, : 963 *,r . I - ( qrnk .' ...... .... .... U . . 0. ...... . ... . 0. ..sa.. . .... . e.** 0o.8 . .* . .* ..... rn.h . . . ...... ...... ...... . . . 0 . .. ...... .... ...... . . .... ...... .... . .r 1) a 9 ... *e ' , x,. 1 .. .. . . ... . . ... ... . .... ... 0. .V 0.. 0. .... . . 0 e* ... ... ... 3 d Q :%I..* ,i:', .".< {5e1"3.,?&.' .II 2 , , #?.,'..; ' .v: .I, .;.. s.*'.:, ,*a*, ~~~~~,.,~.~.,'~.~~,.~~~~~? . .:: 5, ,, .;< . ' i . ;': , . .. :. .1 ..... . ,;,; "i AT-.?; ... :''.:;*+.$$. : '., .. a&,, &: -@-;.'.:$ .* a:: .,; ~j :!; ? .%y*:!;;$; :;:.t:&!.a?;;?{y, ~..~,~..~~S.pV;.~~~~r.4.~~~~~~ i .*. . 'L~ .; ..-.: - .. i "r ,~~*',*...'P:.~,-~~?~.: ,kc. 2 Td c;l B io 3 2 % ', ( .i; ;.:* , , 'a; e.. ....: ::.; . ..y ~.~.?,~~~~.~..~~~~~~a~.~.~~~ .i: e G is., 3,) i ..., f>:';2;mL?:<;: ;::::,. a* tR .. ...... ..... . .... .. ... .... , > cr3 e.. ,.I,. y. ,, , ' ' ... I ;-. '. ; I 1 It * Fr; Ld a i Q e / i /7 i,", , ,I L>.:' I .. Subject, to : L, Gemraf arid special taxes for the fiscal ;rezr ~342-1$.62 ~ 2. Rights, righ?;s of 7m.y wd easerr;ect.s for p;Jd:Lc utllf"o:tes3 m;t.er comp~:!.ies, all sad s.tre&s; arid. co.vezz&s, ccg.d.itior?_~ end ~@s-!&c-Lj-tzr,s, 2:~y 00 rz.zgrd, if a2.y Dated _________ %?P.%e&e.r..!!., ____ J2g62 ___________ /-"- )p ~,~ #k-.-<-;;;..-; i /, "C.. ol,b ...... -2.. /"S . CZYLdC.. /I/ .................. CY&, :,..f!.ydd&:2d . /+y&- &&7g"Tc"iy&LL .......... AL&Z&.< '-?" / /i -. $Dt?A?D PALTJL 3%T JF' " py< $ 2 X%Yl.NA d A'S. CLSrLU& / ............................................................................................. .............................................................................................. STATE OF CALIFOB-XIA, COUNTY OF.,. ..d.?z-:e. ..4?$~~.2:.d.. .... f 1 ss. California,. personally appeared ....... ~~~~~..~~.,.~~.,;~~~~.,~.-.~~~~~~~~ / .... ~~.~~~i:~~~'.~~~-..~~~~.~~~~~~.~~~..~~~ 1" 4. /> /),, ........ /, L<.d:c..c:' acknowledged that.: .-~~~~~.~..~,i ...... executed the same. on ... ~~~~~~:~~?~~~-.~~~~.~~~~~~., before me: the unde+gned, a Nptery Public for.,*../=";,:.^^^^^^^ /' .......... c ."* ~, ./' ................ ...> ;'.~~.-~i.,?. 3_............ ........................................................................................ ~ ............................................................. known to me to be the,perso/t.-.whose name ...::% ............. d<<-<L2t.-.,/: ................................. subscribed to the avlthln lnstrulne ... ,I WITNESS my hand arpd&cial seal. (Seal) ,,- j -// ',> , y L' .\" ,/y -, ................. -"..SL< _I -L- __", < -..~.,=~~~~.::~~.~,"~~.~~~" ... 1". .......... I( ,:- - - . p Y Public's ..... Signature)/ / .. ... .... , ....... c ::q <::q jr ><. ,. , - ...... 3423 It 9 1 P q SECURITY FIRST NATIONAL BANK Carlsbad Carlsbad, Address P. 0. BOX 158 Date October 26, 1962 r 1 Escrow No. 422-2363 City of Carlsbad Carlsbad, California 2960 EO pic0 L J - In accordance with our previous letter we enclose the following: Title Policy HO. 760293 issued by Title Insurance and Trust Company. - /. .X\ i, \y.- b; =! .- .. ., e, .... P . .. 1.- ; sf; j. . . . ;iau *e@(*+ 4". , '+ 4* -.h.b- 6. * -. * - * ."-,,.. 4 " %i . I *D &+ ' z & u:&,.a"d dlp ..r%*:: 982 4): c *le -., , Again we express our appreciation for the opportunity to serve you, and we shall welcome other opp~ tunities, whether for escrow service, or any of our many banking services which are always at yc disposal. Yours very truly, SECURITY FIRST NATIONAL BANK Received the enclosures: By 7?7 /& ,& /! ,JJ/O"&&7&; " Bertha Magana, (Es Date IF A COPY of this letter is enclosed, please receipt for the enclosures on the copy and return it to us. 539s ESC 2584 11-60* so loy letter Transmitting Additional Documents F T "r * 'I' .. .* - , . . . , , , . . , ,' . , '"*^ .,. ,- 1. . , .. '*... , ~* . *, .. "&* . * .&.,." w ,.... , . . *. ,. "* .j.&:.*.r:"*"'" , . -, "& *;; .u;; -.& i;i"" . . +*,"I, . -.- . .... - ...- ..-_.. . ..^. . .. _.".I, 1 *rl ,*:** %.W*M.~:~G i I, 1 b a. 'i' .; .. . 'LL.7~."..ei;',';~., - .. 5b I. . lroa -owner-7 w3 e TO 1012 AB C ‘ - Stondard Coveroae Polio Form California Land Title Association Co-pyiight 1961 - SCHEDULE A Premium $ 92 . OC Amount $ 11,65’0000 Date October 19, 1962 at 9:OO A.M. policy No. 76025 Effective INSURED City of CarZsbad, a Plunicipa1 Corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: City of Carlsbad, a Municipal Corporation. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy a fee. SCHEDULE I3 This policy does not insure against loss or damage by reason of the following: PART r 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. , ma -owner -./ w3 m TO 101 ZB Cant.' c . Glifornia Land Title Association Standard Coverage Palicy Form Gpyright 1961 S C H E D U L E B - (Continued) PART I1 . 5, General and Special taxes of San Diego County and the City of Carlsbad, for the fiscal year 1962-63, now a lien, payable in November . 2. The release and relinquishment 0% aSIk abutter's rights, including access right, to the state of California, in and to the freeway along the Westerly line of said land, as contained in deed. to said State of California, recorded December 31, 1951 in Book 4331, page 427 Of officia 1 R@CQI'dS. NOTE: Said item affects PaarceJ, 1 herein describedi, 3. An easement over the Easterly 6 feet of Parcel 1 herein described said land, for poxes, wires, and incldental purposes9 as grznted to the San Ciego Gas & Electric Company, by Geed recorded March 14, 1952 in Book 4403, page 599 of O'fficia'E Records, 0 3 W rn /i' -.#-I x- lma -owner-760" iy 0 m American Title Association Loan Policy TO 1'012C Oc"i096EOC C Additional Coverage-October, 1960 California Land Title Association Standard Coverage Policy-I961 OF SCHEDULE C The land referred to in this policy is described as follows: PARCEL 1: That portion of Tract Sl3 of Carlsbad Lands in the City of to Map thereof NO, 1661, fi5ed in the nffice of the County Recorder of San Diego County, more particularly described as fBlJows : Beginning at an angle point in the most Easterly line of said Tract 113, being the goutheasterly corner of land conveyed to Robert C. Tillmann by Deed recorded in Book 1071, page 4-36 of Deeds; thence South 55"27' W@st along the Southerly line thereof, a distance of 67.22 feet more 01' less to a point on the Easterly line of the state Highway sight of way as deeded to the State of California by deed recorded in Book 433S, pag 427 of official Records ; thence Northwesterly a long sa id Ea st erly line of the state Highway right of way a distance of' 535 feet; thence North 643% East a distance of lll.30 feet to the Eastesly line of said TiLinaann lar~d; therice South 34°33E East along said Easterly line a distance of 9*65 feet moTe ox less to a point on the Easterly line of said Tract 113; thenc South O052' East a distance of 125.35 feet to the point of beginning. EXCEFTIXG THEREFROM, that portion of tte land described in de to the State of California May 8, 1952 an6 recorded in Book 4462, page 71 of Official Records, filed in the office of the County Recorder of San Diego County. PARCEL 2: Lot S3 of Optimo Tract in the City of Carlsbad, County of Sari Diego, State 02 California, according to Map thereof No, 1805 filed in the Office of the County Recorder of San Diego County September 4, 1924. Ca.rbSl;ladj Coun$y Q$ 5an Diego, 5tate of Galifornia, accordljr;nir il 4 m I) " .I 'j ., '\ >. ,- s\ .., - .\ - 7 .: j' *r f ; 3; L .Pi X,-"" I r -t - - 0 0 CONDITIONS AND STIPULATIONS [Includes those in the American Title Association-Owner‘s Policy-Standard Form 6-1960) 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) “land’: the land described, specific- ally or by reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) “public records”: those records which impart constructive notice of matters relating to said land; (c) “knowledge”: actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) “date”: the effect.ive date; (e) “mortgage”: mortgage, deed of trust, trust deed, or other security instru- ment; and (f) “insured”: the party or parties herein designated as Insured, and if the owner of the indebtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebt’zdness, (2) any such owner who acquires the estate or in- reresr referred to in this policy by fore- closure, trustee’s sale, or other legal man- ner in satisfaction of said indebtedness, and (3) any federal agency 01: instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as z:n insured herein or not. judicial action to exercise such rights ag pears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule C, or title to streets, roads, ave- nues, 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 this policy spe- cifically provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, ad- verse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured; or (2) known to the Insured either at the date of this policy or at the date such Insured acquired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by rhe Insured shall have been made to the Company prior to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge. .~ .” . 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate 0.1 interest, or any part thereof, by foreclosur’e, trustee’s sale, or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guaranteeing the in- debtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or herea.fter erected on said land, or prohibiting :a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of (Conditions and Stipl ‘.* ._ ** 1 4. DEFENSE AND PROSECUTION OF ACTIONS “NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the indebted- ness secured by a mortgage covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mort- gage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in case knowledge shall come to the In- sured of any claim of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness se- cured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure ulations Continued and Concluded on Last sale under a mortgage covered by refuses to purchase and in any I the title to said estate or interest as unmarketable, the Insured shall Company thereof in writing. If s shall not be given to the Compi ten days of the receipt of process ings or if the Insured shall not, I promptly notify the Company of i lien or encumbrance insured aga~ shall come to the knowledge of tl- or if the Insured shall not, il promptly notify the Company of rejection by reason of claimed ability of title, then all liability of pany in regard to the subject matt( action, proceeding or matter shall terminate; provided, however, that notify shall in no case prejudice of any Insured unless the Compan actually prejudiced by such failure only to the extent of such prejuc (c) The Company shall have at its own cost to institute and any action or proceeding or do act which in its opinion may be ne desirable to establish the title of or interest or the lien of the mc insured; and the Company may appropriate action under the tern policy whether or not it shall be li: under and shall not thereby conced or waive any provision of this PO (d) In all cases where this p mits or requires the Company to or provide-for the defense of any proceeding, the Insured shall secur right to so prosecute or provide d such action or proceeding, and a1 therein, and permit it to use, at ii the name of the Insured for such Whenever requested by the Com Insured shall give the Company i ance in any such action or proce’ effecting settlement, securing evid taining witnesses, or prosecuting o ing such action or proceeding, and pany shall reimburse the Insured expense so incurred. 5. NOTICE OF LOSS - LlMlTAl ACTION In addition to the notices requir paragraph 4(b), a statement in w any loss or damage for which it i: the Company is liable under th shall be furnished to the Compan sixty days after such loss or dam; have been determined and no right shall accrue to the Insured under th until thirty days after such statem1 have been furnished, and no recovl be had by the Insured under thi unless action shall be commenced within five years after expiration thirty day period. Failure to furn statement of loss or damage, or mence such action within the time before specified, shall be a conch against maintenance by the Insure< action under this policy. Page of This Policy) CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) 6. OPTlON TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full :amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by thii policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys’ fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In rhe event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said indebtedness, the own.er of such in- debtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys’ fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litiga- tion carried on by the Company for the In- sured, and all costs and attorneys’ fees in litigation carried on by the IInsured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this poliq (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final de- termination by a court of competent juris- d&ion sustaining such rejection. (d) All payments under this poliq, ex- cept payments made for costs, attorneys’ fees and expenses, shall reduce the amount of the insurance pro taoto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the COIXI- pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this poliq shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thii days thereafter. date of this policy, unless a liability or value has otherwise been agreed upon a~ to each such parcel by the Company and the Insured at the time of the issuance of thii policy and shown by an express statement herein or by an endorsement attached hereto. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest de- scribed or referred to in Schedule A. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfac- tion of said indebtedness or any part thereof. 9. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss oc- curs after an alteration or improvement sub- sequent to rhe date of this poliq, and only in that event, the Insured becomes a co- insurer to the extent hereinafter set forth. If the cost of the alteration or improve- ment exceeds twenty per centurn of the amount of tbis policy, such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. The foregoing provisions shall not apply to costs and attorneys’ fees incurred by the Company in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pur- suant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall not apply to losses which do not exceed, in the aggregate, an amount equal to one per centum of the face amount of this poliq. Whenever the Company shall have set- tled a claim under this policy, all right of subrogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop erty in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and WIX- dies in the proportion which said payment bears to the amount of said loss. If 10s~ should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, 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 shal1 pm- mit the Company to use the name of the Insured in any transaction or litigation in- volving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or other+ise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any CO]- lateral security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mortgage. 7 1. POLICY ENTIRE CONTRACT Provided, however, that the foregoing coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed the amount of this policy, and provided further that the foregoing coinsurance provisions shall not apply to an insured owner of an in- debtedness secured by a mortgage shown in Schedule B prior to acquisition of title to said estate or interest in satisfaction of said indebtedness or any part thereof. Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this poliq or the title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this poliq can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Set- retary, an Assistant Secretary or other vali- dating officer of the Company. (b) If the land described or referred to in Schedule C is divisible into separate and noncontiguous parcels, or if contiguous and such parcels are not used as one single site, and a loss is established &ecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the face amount of the policy was divided pro rata as to the value on the date of this policy of each separate inde- pendent parcel to the whole, exclusive of any improvements made subsequent to the 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall be addressed to if at the office which issued this policy or to its Home Office, 433 South Spring Street, Los Angeles 54, California. INSURANCE. 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE . I. e 0 n -, Car @ This is not a survey of the land but is compiled for information by the Title Insurance and Trust Company from data shown by the official records. " " >+ .I . e 0 .I *r e* *a SECURITY FIRST NATIONAL BANK r- Carlsbad- Carlsbad, Address P. 0. BOX 158 Date- October 26, 1962 1 Escrow No. 422-2371 " . - ". City of Carlsbad Carlsbad, California 2960 SO pic0 L -I In accordance with our previous letter we enclose the following : Title Policy No. 761671 issued by Title Insurance and Trust Company. Again we express our appreciation for the opportunity to serve you, and we shall welcome other oppor- tunities, whether for escrow service, or any of our many banking services which are always at your disposal. Yours very truly, SECURITY FIRST NATIONAL BANK Received the enclosures: Date IF A COPY of this letter is enclosed, please receipt for the enclosures on the copy and return it to us. 5395 ESC 2584 II-BO* so TOY Letter Transmitting Additional Documents * m TO PO12 AB C - Cdifprnia Land Title Association Standard Coverage Policy Form Go-opyrisht 1961 SCHEDULE A Premium $ 7 8. O Effective krnount $ 8,580 eQ0 Date C)CtCJb€r 22, 1952 at 9:00 h .2<f1. policy No, 7616 INSURED City of Caz.lsba2, a municipal corporation 1. Title .to the estate or interest covered by this policy at the date hereof is vested in: City of Carlsbad, a mucicipal. eorporatlon, 2. The estate or interest in the land described or referred to in Schedule C covered by this policy a fee. SCHEDULE 13 This policy does not insure against loss or damage by reason of the following: PART I 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but wkich could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. i. .-b I -A"( "-3 TO 17x28 Cont.'C . Culifornia Land Title Association Standard Coverage Policy Forrn Copyright 1961 Bc % SCHEDULE B- (Continued) . PART I1 1. General ana' Special taxes of San Diego Cou~~ty and the City of Carlsbad for the fiscal gear 1962-63, ~OI)J a lien, payable in " ~\ove~ber e * 3 --a -* s TO 1012C O~lOSsC OC C American Title Association loan Policy Additional Coverage-October, 1960 California Land Title Association Standad Coverage Policy-I 961 Or SCHEDULE C The land referred to in this policy is described as follows: m Ahat portion ol Lot 29 3: Optizio Tract KO* 2, in the City of Carlsbad, Colxty of Sa.n Diego, State of California, according to i.1a.p No. 215'1 filed; in the oi"fice of the County Recorder of San Diego County on xar;ch 4., ~929~ described as follows: Beginning at the Southweste~ly ccrner of said Lot 29; thence North Oo52l West along the h'esterly line of' said Lot, 50.0 feet; thence South 89O0gf East parallel with the Southerly line of said Optirrio Tract No. 2, a dis- tance of 78.14 feet to the center line of Eureka Place as shown on said Map; tnence Southerly along said ce.nter line 50 feet, more or less, to the Southerly line of said Optino Tract Uo, 2; thence North 8S0O5' \Jest along said Southerly line 83.01 feet to the point of beginning. Also all that portion of Block I of Mv.13"~ AdditioE to Carlsbad, ir?, the County of San Dlegc, State of California., according to ?"lap No, 5'14 filed in the office of the County liecorder of Sac aiego Colmty on March 22, 1888, and of the Korth Ka.lf of First Avenxe a6 joining said Block 1 on the Smth, as vacated by oPder of the Board of Supervisors of sa.id an Diego County 2am.ar-y 7: 1914, described as ~~~LoPJs: ConxencLng at the intezsection of the Westerly prolonga- tion of the Northerly line of said Block 1, and the West- erly line of that wmamed street Imaediately Westerly of said Black 1, sald point being the Xorthwesterly corner OS that tract of land as conveyed by the South Coast Land Company to Bartley 3ooney by Ceed dzted August 2b, 1921 and pecorded ir, Book 863 page 189 of Deeds, records of said County; thence along tne Xortherly line of said Koo.ney tyact, South 8y0G5' Zast, a distance of 90.0 ieet to the Northezsterly corner thereof; thence aiong the Easteriy line of said Zooneg L Lract, South 0'52' ",st, a dista.nee of 4.15.26 feet (Deed record kl.s.0 feet) to a point bearing North 0052' hiest, a distance of 50.0 feet from the Southeasterly corner of said Rooneg tract, said point being the txe 23h~'i; of Segii-mi.ng; thence o.n a line ,paralie1 with the center lice of ?irst Avenue, as show.n . 4 ,". .- * a r ; SL e j' * * 4. SCp;EyJLE ti c II Ccnt Inv.ed 02 sai2 Map NO, )- ', and vacated by O~der of the 3oard CI: ii of Supe~viso~s of said San Oiego County, and recorded il?n Book 34. page 106 3f ?lirxtss 04 said Scpervlsors, Smth 890;251 East, a. distznce of 90 ieet to a p=i.nt on the gesteriy iine ci LG~ 29 of Gpti~o Tz.a.ct No, 2, J4a.p KO. 2151, records of said San Diego county; thence along the sal4 WesterLy line of LO^ 29, Sou'ch 0052' East a distance of 50 feet to the Southwesterly co~ner of said Lot 29; thence along the center line of said First Avenue, Morth 89O5r Xest, a c'istance of 90 feet to the Seutheasterly cocenez; of said Roomy tract; thence aim2 the said Ea.sterly line oi Rsoney tract? North 0O5.2' West 2 distance of 50 feet to the tme point of begiraing. " 5 ./ / /' //. .. /' /- / / / I2 ~. "_"" . .. ""- " - . - ". .-&*a +np infnmation only- ~t~~m~~~t~,~~ 73 71 bo'K '30" q \3 ;i ,i i -\<-: ,- 'd , i !\ Office solutions . Ld\/ 301 - c u& qQ.- 5 9 II iqcjd \ k2 fic 115 b\ Odi 5 rF- c fu &e 5 Jr p wl . t .L.: i r "~ LlG,?iSI ,\!GjCxT\q PJYJ.,l+ C:. J :--y 1