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HomeMy WebLinkAbout; HOUSTON, ALICE S.; 25493; Property- : ,! ,k i *I id GRANT THIS FORM FURNISHED b a PLACE INTERNAL DEED p BY UNION TITLE INSURANCE AND TRUST -UJL=. LY I E -&%\!!; SPACE Jo i e.. 900H 5155' .v:: 7 / - A& I. R. S. $.?d-! FORM 533--10-58 ALKX S. HOUSTUii, a wldow, FOR A VALUABLE CONSIDERATION, do 1 GRANT to ' TIHE CIZ op cABLssAD the real property in the City Of CZW~ sbad State of California, described as: County of San Diego, 'i'l?at Dortion of Tract 117 of Carlsbed Lmds, in the City of Carls'c County of S,m Diego, Sta,te of Califomia, according to Lap thereof Nc - 1661, .. filed in the office of the County Becorder of San Diego County i'iarch 1, 1915, described- as follows : Beginning a% a point on t'e Ihortherly liine of said .Tmct 117, disi theyeon North 89O57' Nest 650.05 feet from the Northeasterly corner ( said Tract 117; thence Xort'n 89'57' West 2-1-ong said Northerly 1ixe 1: feet to the Northeasterly comer of that certain tract of land conve3 to Augusta Asmus by deed dated October 20, 1922 md recorded in Book -page 423 of Deeds; thence Sozth 34O33' Sast along the Zasterly line ( said hsmusl land md along the Zasterly line of t5at certain tract 01 conveyed to id. W, Brom and Anna Brov,m z husbmd and wife , by deed dai February 17, 1925 and recorded ix Sook 1065, page 308 of Deeds, 2L(O 1 to the true point of beginnin2 of the herein described property; the1 continue South 3&"33' East 225 feet; thence Eorth 55'27' I3as-t 159 -36 to a, point in a. line which bears Soxth 3il.033' East from the point of ginning; thence 3iorth 34O33' West 225 feet; 'chexce south 55*27' hiest 159.36 feet to the true point of begi-nning. I ." R ~ . .. I 0.: Dated: ..... F-GbXR9JT ..... Is%+ .... 1224 ............... .... w- 93. ~~ 9:. *.^ +. - .............. ............................................................................... ................................................................................ .................................................................................... I ""."""_.___""."""~~"._____._."""""""".""""""".""""."""""~." I Stat e of CALIFORNIA County of SAM DIEGO 1 ss. .. On .......... E~3. ............................................... 19 ..a"--, before me, the undersigned, a Notary Public in and for said County and State, personally appeared .~~~.~...s~..-~~~~~.~t.~~ ........................................................ I ..:LL .... :,::..> ............................................................................. . s., ,b, tS.4 i .:#";> '. i#;'~..*.:: ...... )"' ... ,.,'V u .." szw,rs7p..+.": p L d. ... 8' " .. ................................................................... ...... + ;.;&.::; ..... ?.*&..&& .............................. ...."....."".....".......".., " q " . : kwWn to ~e;~o,~~person ........ whose name ..... .AS ........ . z i )ubscribed 'to .the*&h&. instrument and acknowledged that .a . n &. . 4. ~ ii : 4 :&...She .............. ,:..?,.;..executed the same. L -3 ~;r?yIdTNESS .my$& and official seal. - .. ," .= G,. 'L' ,, i *,*. 6'' .' '." _I .Br.2......,,,.. c", *~,< .".,, "f*:J 0 k :: 'I 9;; >.I , . , I, . ,> ''*,,.,:.d m (2 /g&ZI%& (Seal) .................................................................................... ' Notary Public in and for said County and State. .. I ,. . ~. .. .. . ~ .~ J.. I v I I SPACE BELOW FOR RECORDER'S USE ON1 2 -9 ,A I: ..? .... .- I .~ '4 r*d ... :.. *_.. ,\ , 64 .-;:; . :-. f- __" e-. i' ' -. ' p '. '., *. CI ., 1 \. , /.I .. ., ,- .. ,, .. '^i . x ( . :.. <.- ., ". , ,,' :- ,, ," i- . .~ - .... ,,. "9 .:-; c; xi.; d !%; ".;i ;-<> ?.. $> \. :" 5 .>, i.4 ,.ha ?... -~~,.. *, ; ,._.: :ri .~ +:.+ '*&I,-, ."" ... - ~ .._ ,. .- , '. , ,r -~, r ., ~~ e I_ ..,,.- A:,L/. " ..* 2 glNioN 1ITE INSURBICE 81 TRUST ~~~ ! MAR 1 1954 REcoRDGL) AT REQuEsr OF Ir "' BOOK J ldj 9tOQ :I; 255 " OFFICIAL RECORDS ~~d~ a- Califomb " Fee $- F& - ROGER pI1, "E,County Remde hPUk !! v ::i *g::y: z**: ... 0. . . . 0.. 0. a: : n *'b p 33 ,s ,; .E e: e- w. d -. 1"' io. w =5 0. :5** . 0. g?g* 3: ....+g- 0 0 .e '? x ..,a ;k * 3 *** n g 'Y * "C ,: sz !-b j' E . z.rn 0. . e 3: Ev ..M.o e 0. b cin c c. 0. 0 . 0. ~ :pJ kyx; .. § ,I rt. c" "f *:F n E. - 5 E. g e CD R I . ... ~- I . .. c -a I:@ 0 r .- .g gi 0- I sg *u) 2s 4 E > tl Y.' .. I ;g%$ a z m f'i n .. W . -3 -.; -3 i . a z -3 j 4; 4°C w 2 ,,> - - i 0; =z 20 =-- z- ePPL 8 5 :-; ." 2 1 I ". *;Ea- gg u* B < !:> ,y z 3 c.. .m Y Y (3 9 :::, B .% 8 W 9 : P;-r - " 5 iT -g+ 4- gc!A. *. I c.- c = 7 < ,- I .. -. -, - ,., " x 3 .-. . . * m s< W 3'r bu 3 ,. -. - .... ~ ... . ". . . *.- . .. . ,", ,.. .. .. 5 5 m W - or- W "I 0 -. ZS ZF -.n 2. w w= 3 E$- .-% zm zz 66 =. 0. -% ss W -. em o=- %s 3. g -. .- 0 -. -7 7- n8 ~ I-=! 2: =!ET z 4. 5% 6 z- I. = -m W =. 0. 3 0 - 7 x ,.n W Ln .- W W 3 x .- 7 m - m v) 0 E. W 0 3 - -. /? ,. 11 1.' ; ,.ti ,> ,!I <; i_cJ" 4, J e " a-m 4 v) cfi> zpt-3 0 Fi (2 1 - p-! 4. E "! .z & 5' 0 (2 U>tfi? $c;; a swtes g :a 2 5 :* (3 P u :8 i: 8 z;32 'azp ?&:$ 3 ;I! su 33 =3. !zg F3 SZ $0" -cp as 0 F T m Ir -6 wm 34 I. -0 E= -, a* n- rnur rc rc rc I. c cp 1 cc IpI( 4 I 1 I # Form No. 820 8-52 lb Lailrornia Lana lltle nssoclatlo aara Loverage romy rorm Copyright l9SO w- SECOND AVENUE AT BROADWAY SAN DIEGO 12, CALIFORNIA LOS ANGELES 13, CALIFORNIA (Herein called the Companies) 7. Amount $ 3,500 9 00 For a valuable consideration, paid for this POLICY OF TITLE INSURANCE do hereby insure Fee $ 4-1.50 Number 5415 7 9 The City of Capisbad together with the persons and corporations included in the definition of “the insured” as set forth the stipulations of this policy, against loss or damage not exceeding T~w e e Thous and F? ive ISundped- - - p - - - - - - - - - dollars, which the insured shall sustain by reason ( 1. Title to the land described in SCHEDULE C being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in SCHEDULE B; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, 4. Any defect in the execution of any mortgage or deed of trust shown in SCHEDULE B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or not shown or referred to in SCHEDULE B; or _..“._.. - 5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in SCHEDULE B such mort- gage or deed of trust being shown in the order of its priority in PART TWO of SCHEDULE B; all subject, however, to SCHEDULES A, B, and C and the STIPULATIONS herein, all of wh schedules and stipulations are hereby made a part of this policy. In Witness Whereof, each of the Companies has caused its corporate name and seal to be hereunto affi: by its duly authorized officers, the dai and hour set forth in SCHEDULE A hereof. TITLE INSURANCE AND TRUST COMPANY UNION TITLE INSURANCE AND TRUST COMPANY By Bstu-e4+c~ W. HERBERT ALLEN, President Attest California Land Title Assochion Standard Coverage Policy Form Copyright 1950 W a. ..~ """ ... L. :~.:+-..., ., i '1. ., .\e/' FORM 821 10-52 II) (CLTA Standard Coverage) W' SCHEDULE A On i;?arch 1, 1954 at 9 : 0 0 o'clock, a, m., the title the land described in SCHEDULE C is vested in: ~h~ City or Carlsbad! SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule cept ro the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly sured in Paragraphs numbered 4 and 5 on page 1 of this policy. PART ONE: This part of SCHEDULE B refers to matters which, if any such exist, may affect title to said land, but which are not shown in this policy: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing agency or by the public records; and easements, liens, or encumbrances which are not shown by the public records. 2. Rights or claims of persons in possession of said land which are not shown by the public records. 3. 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 or by a correct survey. 4. Mining claims, reservations in patents, water rights, claims or title to water. 5. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of any violation of any such restrictions, regulations or prohibitions. PART TWO: This part of SCHEDULE B shows liens, encumbrances, defects and other matters af ing the title to said land or to which said title is subject: 1. Taxes GP assessments of the City of Carlsbad no examir tion having been mzde of the records of said Nunici-pality. 2, Any taxes, assessments or matters relatrve to Carltsbac Sanitary District, or any sub-district created within %he boundapies thereof, unless such matters have become of pu-b: record in the County FIecorC-s of San Diego County. Such ta: and assessrnsnts are collected at sane tlme and i_n same man1 as County taxes. SAS DIEGO w a ,,/)-<, 1 '. i \ ! i; i .: i 1 1 i !' d ".d x Form818 2-53 ~ (CLTA Standard or Extended Coverage) W' SCHEDULE B, PART TWO -Continued I)istpict 110, 1, yJh2c5 assess'~qents are included in and. made a part of' the County taxes. 4. ~ny taxes, ~ssessments o:c matters relative to Carlsbad Bublic Utility Dist.pict u-nless such matters have become of pu.%lic record in t'ne County Records of San Diego Countg. SuC taxes and- assessments are collected at same time and in same manner as County taxes. 56 A right 01 way ten fee& wi-de for xse of Carisbad Drainai Frojec'c Tor d-rain pipe li3e more ga~ticu.laPly d-@scrlPed 8s LI roliows : A strip e:? land ter? feet v6de adjacsgt to the Southwest1 bound-epy line of the propeyky herein descv)ibed throughout th entire length of' said Sou-%m~este~ly 'no-mdary line; as grante in t'ne deed from E. Edizrard Zahier and. Catherine Ann Zahler to County of San DLego, recorded in Book 261, page 219 of Official-Records, 6. The right and. ezseasnt t.3 e-nter upon the property here1 descx-ibed and. yemove therefrom the pipe line installed don@ the Southerly boundary thereof, as reserved in the deed I"P0-n E, Edward. Zahlefand. wlfe, to Grace Florer?ce s;;~lson~ and i?l the deed fyoi? G.race Florence 'ZLlson to Alice S, Eou-ston, bot filed for record November 309 1937 in Book 712; page Ljiq of 0r"s"Fcial Eecords. -"-. / /- / ''&*,)I +- \ %,/-I -\ " '"z&sz2 ." ' . SAX DIEGO Form No. 822 2-59 e (CLTA Standard or Extended Coverage) (I' SCHEDULE C Description of land, title to which is insured by this policy: That portion of Tract 117 of Carlsbad Lands, in the Cit of Carisbad, County ofSan Ciego, State of California, accord- ing to ~2-p ETereof ?Toe 1,561, filed in the office of the Coun Recorder of San DLego County !ilapch 1, 171.5, described. as fol Beginning at 2. -point on the Xortherly line of said Wac 117, distant thereon Borth 89'571 '?!est 650.05 feet fro3 the Ivortheasterlg comer of said- Track 117: ~II~MCQ M~th 69'57' l$trest, along said Northerly line 193.06 fee% to the Xortheaste copner of -that ceptaiE tract of land conveyed to Augusta Asn by deed date6 October 20, 1922 and .recorded in Book 908, pay: 4-23 of Deeds; thence South 34'337 East along the Easterly li of said hsmusl land. and. along the Easterly line of that ceyt tract OP land conveged to '.: ~ 8.'. D 3row1 and- Anna QTO~TI~ husbar and wife, by ?o,ed. d-ate6 Febru-arg 17, 1925 and Tecorded in Bc 1065, page 300 of Deeds, 2h-c) feet to the tme point of begiv ino of the here52 described property; thence continv-e South 34-'331 East 225 feet; the2ce Xorth 55"2'j" Ezst 159.,36 feet 1 a point in a line which bears South 34'33' East from the pol of beginning; thence >Tort5 34'33' ':!est 225 feet; thence Soul 55'271 Kest 159.36 feet to the tme point of beginniyg, " " :.- 1.- i f -.A /.Tik,$ a 3/-\ 7 - \ , WY SAN DIEGO v 0 A '.,-.\; i 1 i' ! t i ',:.,, ) %a \, '.-..- \, I i . m Form No. 823 3-53 Union Title Insurance and Trust Company - 1. SCOPE OF COYERAGE This policy does not insure agaiast, and the Companies wlll not be liable for loss or dam- following: (a) defects, liens, claims, encum- age created by or arising out of any of the brances, or other matters which result in no pecuniary loss to the insured; (b) defects, liens, encumbrances, or other matters created or occurring subsequent to the date hereof; (c) defects, liens, encumbrances, or other mgfters mwted or suffered by the insured claiming such loss or damage; or (d) defects, liens, claims. encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, unless such defect, lien, claim, encumbrance or other matter shall have been disclosed to the Com- panies in writing prior to the issuance of this policy or appeared at the date of this policy on the public records. Any rights or defenses of the Companies against a named insured shall be equally available against any person hereunder as successor of such named insured. or corporation who shall become an insured 2. DEFENSE OF ACTIONS. NOTICE OF AC INSVRED TIONS OR CLAWS TO BE GWEN BY THE The Companies at their own cost shall defend tions or proceedings against the insured, or the insured in all litigation consisting of ac- interposed against a foreclosure or sale of defenses, restraining orders, or injunctions said land in satisfaction of any indebtedness, the owner of which is insured by this policy, which litigation is founded upon a defect, lien, encumbrance. or other matter insured aaainst by this poliG, and may pursue such litisation to final determination in the court of last resort. In case any such litigation shall become known to any insured, or in case knowledge shall come to any insured of any claim of title or interest which is adverse to the title damage for which the Companies shall or may as insured or which might cause loss or be liable by virtue of this policy, such insured ,shall notify the Companies thereof in writing. panies at least two days before the appear- If such notice shall not be given to the Com- ance day in any such litigation, or if such insured shall not, in writing, promptly notify the Companies of any defect, lien, encum- any such adverse claim which shall come to brance, or other matter insured agcnnst, or of which loss or damage is appiehendez, then the knowledge of such insured in res ect to all liability of the Companies as to each in- sured having such knowledge shall cease and terminate; provided, however, that failure to so notify the Companies shall in no case prejudice the claim of any insured un,less the Companies shall be actually rejudlced by such failure. The Companies &a11 have the right to institute and prosecute any action or proceeding or do any other act which, in their opinion, may be necessary or desirable to establish the title, or any insured lien or charge, as insured. In all cases where this policy permits or requires the Companies to prosecute or defend any action or proceeding the right to so prosecute or defend such action fhe insured shall secure to ,them in writin; or proceeding, and all appeals therein and permit them to use at their option, the 6ame of the insured for'such purpose. Whenever requested by the Companies the insured shall assist the Companies in any such action or proceeding in effecting settlement, securing evidence, Abtaining witnesses, prosecuting or defending such action or proceeding, to such extent and in such manner as is deemed desir- able by the Companies, and the Companies shall reimburse the insured for any expense so incurred. The Companies shall be subro- gated to and be entitled to all costs and attor- neys' fees incurred or expended by the Com- panies which may be recoverable by the insured in any litigation carried on by the Companies on behalf of the insured. The word "knowledge" in this paragraph means actual STIPULATIONS knowledge, and does not refer to constructive knowledge or notice which may be imputed by the public records. 3. NOTICE OF LOSS. LIMITATION OF ACTION for which it is claimed the Companies are A statement in writing of any loss or damage liable under this policy shall be furnished to the Companies within sixty days after such loss or damage shall have been ascertained. No action or proceeding for the recovery of any such loss or damage Rho11 be mstituted or maintained against the Companies until after full compliance by the insured with all policy, nor unless commenced wlthin twelve the conditions imposed on the insured by this months after receipt by the Companies of such written statement. 4. OPTION TO PAY, SETTLE. OR WMPROMISE CLAWS The Companies reserve the option to pay, settle, or compromise for, or in the name of, the insured, any claim insured against or to pay this policy in full at any time, and pay- ment or tender of payment of the full amount of this licy together with all accrued costs which t% Cokpanies are obligated hereunder to pay, shall terminate all liability of the Com- panies hereunder, including all obligations of the Companies wlth respect to any litigation pending and subsequent costs thereof. 5. SUBROGATION UPON PAYMENT OR SET- TLEMENT Whenever the Companies shall have settled a claim under this policy, they shall be sub- rogated to and be entitled to all rights, securi- ties, and remedies which the insured would have had against any person or property in respect to such claim, had this policy not been issued. If the payment does not cover the loss of the insured, the Companies shall be subro- in the proportion which said payment bears to gated to such rights, securities, and remedies the amount of said loss. In either event the insured shall transfer, or cause to be trans- ferred, to the Companies such rights, securi- ties, and remedies, and shall permit the Com- panies to use the name of the insured in any transaction or litigation involving such rights, securities, or remedies. 8. OPTlON TO PAY INSURED OWNER OF INDEBTEDNESS AND BECOME: OWNER OF SECURITY The Companies have the right and option, in case any loss is claimed under this policy by an insured owner of an indebtedness se- cured by mortgage or deed of trust to pay such insured the indebtedness of the mort- cjagor or trustor under said mortgage or deed of trust together with all costs which the Compan>es are obligated hereunder to pay, in which case the Companies shall become the owner of and such insured shall at once assign Ad iransfer to the Com anies said mortgage or deed of trust and tEe indebted- ness thereby secured and such payment shall terminate all liability'under this policy to such insured. 7. PAYMENT OF LOSS AND COSTS OF LITI- GATION. lNDORSEMENT OF PAYMENT ON POLICY The Companies will ay, in addition to any loss insured against gy this policy, all costs imposed upon the insured in litigation car- ried on by the Com anies for the insured and in litigation carriex on by the insured'with the written authorization of the Companies, but not otherwlse. The liabihty of the Com- panies under this policy shall in no case ex- ceed, in all, the actual loss of the insured and costs which the Companies are obligated hereunder to pay, and in no case shall such California W' Land Tltle Association * Standard or Extended Coverage Policy Form - Copyright total liability exceed the amount of this p and said costs. All payments under this p shall reduce the amount of the insurancc tanto, and payment of loss or damage t insured owner of indebtedness shall re( to that extent, the liability of the Camp( may be demanded by any insured wi to the insured owner of said land. No pay producing this policy for indorsement of payment. 8, MJNNEl OF PAYMEIT OF COSS 'H SURED Loss under this policy shall be payable to any insured owner of indebtedness sc by mortgage or deed of trust shov Schedule B, in order of priority therein s and if such ownership vests in more tha payment shall be made ratably as th~ spective interests may appear, and the1 any loss shall be payable to the other in and if more than one, then to such ir ratably as their respective interests mc pear. If there be no such insured ow: indebtedness, any loss shall be paya the insured and If more than one tc insured rathbly as their respectivd in may appear. 9. DEFINITION OF TERMS mean: The following terms when used in this porations named as insured on page 1 (a) ''named insured": the persons an this policy; (b) "the insured": such named insul gether with (1) each successor in owr of any indebtedness secured by any mo or deed of trust shown in Schedule owner of which indebtedness is named as an insured, (2) any such owner or 4 sor in ownership of any such indebt who acquires the land described in Schc or any part thereof by lawful means i faction of said indehedness or any par of (3) any governmental agenc or mkntality acquirinq said land un&r a1 ance contract or guarantee insuring c anteeing said indebtedness or MY part. estate or interest in said land as an and (4) any person or corporation den. devisee of a named insured or by re the dissolution, merger, or consolidatil corporate named insured; by reference in Schedule C and imProT (c) "land": the land described specifit aifixed thereto which by law constih property; speclfled m the first line of Schedule A (d), ','date'': the exact day, hour and ing); the context clearly requires a differen county, city an8 county, city and di: (e) "taxing a ency": the State an which said land or some part thereof ated that levies taxes or assessments property. (f) "p;blic records": those public which, under the recording laws, imp structive notice of matters relating to sa IO. WRITTEN INDORSEMENf REQUJI CHANGE POLICY No provision or condition of this PO be waived or changed exce t by w dorsed hereon or attached Rereto st the President, a Vice President, the Sc or an Assistant Secretary of each of 1 panies. 11. NOTICES, WHERE SENT All notices required to be given the Cc and any statement in writing requir furnished the Companies shall be a to them at 1028 Second Avenue, Sa California. v e I B 5 i ,:>I I\ i%Jf ! m w P L AT showing location of the land described in the attached policy. C~~LSBGID . L~NDS Map No. 1661 N. 89057'UJ, 650.05' This plat is not a survey of the land and is furnished for information'cnly. No 7itk Insur; liability is assumed by this company as to the accuracy thereof. and Trust CC .UNION I ]nm.r D. ForwnJ, Prcdcnr SECOXD hVtNUF. x RROADWI SAX DJFGO I:. C.ll.if0RNi.l Tc:cnho?c Fmklin 93i! w m 1 ,) -, !/ ii i" 1; / ~.-_, 1; : 'J".