HomeMy WebLinkAbout; POOLE, MERLA M. LAMPTON; 101195; Property,- 8
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Name City of Carlsbad
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'\.I Grant Deed
TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ..
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MERLA M. LAMPTON POOLE, who acquired title as Merla M. Lampton
hereby GRANT(S) to
CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation
the following described real property in the Ci ty of Carl sbad
County of San D i ego , State of California:
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All that portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County 0'
Diego, State of California, according to Map thereof No. 1661, filed in the office
County Recorder of San Diego County, March 1, 1915, described as follows:
Beginning at a point on the Northerly line of said Tract 117, distant thereon Nort
57' West 358.58 feet from the Northeasterly corner of said Tract 117; thence North 57' West, along said Northerly line 485.07 feet to the Northeasterly corner of tha
tract of land conveyed to Augusta Asmus by deed dated October 20, 1922, and records
Book 908, page 423 of Deeds; then-ce .South 34" 33' East, along the Easterly line of
Asmus' land and along the Easterly line of that certain tract of land conveyed to '
Brown and Anna Brown, husband and wife, by deed dated February 17, 1925, and recor
Book 1065, page 308 of Deeds, 465 feet; thence North 55" 27' East 399.28 feet to i
section with a line that bears South 34" 33' East, through the point of beginning;
North 34" 33' West, 189.55 feet to the point of beginning;
EXCEPTING therefrom that portion lying Southwesterly of a line beginning at a poin
the North line of the above described property, 466.58 feet from the Northeasterly
of said Tract 117, and running South 34O 33' East to a point on the Southeasterly
the above described property.
IT
Dated May 19, 1966 -2z!L&W~ Lw~7yp
Merla M. Lampton Poolk
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STATE OF CALIFORNIA
-
}ss. COUNTY OF San Di ego
On- June 6, 1966 before me, the under-
-
signed, a Notary Public in and for said State, personally appeared
Mer la M. Lampton Poole
, known to me
to be the person-whose name2 subscribed to the within
instrument and acknowledged that she executed the same. -1 WITNESS my hand and official seal.
# Signature
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.:) LALLY G. SCHRADER
Name (Typed or Printed) (This area for official notarial seal)
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CITY CY Cfm33B.D
CONDITIONS AND STIPULATIONS
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 whlch Impart constructive notice of matters relating to said land;
constructive knowledge or notice which (c) “knowledge”: actual knowledge, not
may be imputed to the Insured by reason of any public records;
(d) “date”: the effective date;
(e) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument; and
(f) “insured”: the party or parties named as Insured, and if the owner of the in- debtedness 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 indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustee’s sale,
said indebtedness, and (3) any federal
or other legal manner in satisfaction of
agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or - any part thereof, whether named as an insured herein or not, subject otherwise to the provisions hereof.
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 or interest, or any part thereof, by foreclosure, 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 guarantee- ing the indebtedness 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 reasons of the following:
(a) Any law, ordinance or governmental regulation (including but nor limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating
any improvement now or hereafter erected the character, dimensions, or location of
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 the
records at the date hereof. exercise of such rights appears in the public
(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
structure or improvement; or any rights or therein vaults, runnels. ramps or any other
ally provides that such property. rights or easements therein unless this policy specific-
easements are insured. except rhat 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 cxcluded herein.
(d) Defects, liens, encumbrances, adverse cla~ms against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) resulting in no loss to the Insured Claim- ant; 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.
4. DEFENSE AND PROSECUTION OF ACTIONS
--NOTICE OF CLAIM TO, BE GIVEN BY THE INSURED
without undue delay shall provide (1) for (a) The Company, at its own cost and
the defense of the Insured in all litigation
menced against the Insured, or defenses, consisting of actions or proceedings com-
restraining orders, or injunctions interposed against a foreclosure or sale of the mort- gage and indebtedness 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 morr- gage as insured, which litigation or action in any of such events is founded upon an
sured against by this policy, and may pur- alleged defect, lien or encumbrance in-
sue any litigation to final determination in the court of last resort.
inn shall be begun. or defense interaosed. (b) In case any such action or proceed-
fect. lien or encumbrance insured a which shall come to the knowledge Insured. or if the Insured shall n writing, promptly notify the Comp; any such rejection by reason of claim’
the Company in regard to the subject marketability of title. then all liabil
of such action, proceeding or matte] cease and terminate; provided. ho that failure to notify shall in nc prejudice the claim of any Insured the Company shall be actually prej by such failure and then or~ly to the of such prejudice.
(c) The Company shall have the at its own cost to institute and prc any action or proceeding or do any act which in its opinion may be ne’ or desirable to establish the title 1
gage as insured; and the Compan estate or inrerest or the lien of the
take any appropriate action under the of this policy whether or not it sk liable thereunder and shall nor t concede liability or waive any provis this policy.
mits or requires the Company to prl (d) In all cases where this polic
or provide for the defense of any or proceeding, the Insured shall sec it the right to so prosecute or prov. fense in such action or proceeding, , appeals therein, and permit it to use option, the name of the Insured fc purpose. Whenever requested by thr pany the Insured shall give the Cc all reasonable aid in any such act proceeding, in effecting settlement, si evidence, obtaining witnesses, or p ting or’ defending such action or p ing. and the Company shall reimbu Insured for any expense so incurrec
5. NOTICE OF LOSS - LIMITATIC ACTION
paragraph 4(b), a statement in wri In addition to the notices requirec
any loss or damage for which it is ( the Company .is liable under this shall be furnished to the Company
have been determined, and no ri sixty days after such loss or damag
this policy until thirty days aftt action shall accrue to the Insured
statement shall have been furnishe or-in case knowyedge shall come to ;he In: sured of any claim of title or interest which is adverse to the title of the estate or in- terest or lien of the mortgage as insuied, or which might cause loss or damage for
by virtue of this policy. or if the Insured shdl in good faith contract to sell the in- debtedness secured 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 sale under a mort- gage covered by this policy refuses to pur- chase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the
shall not be given to the Company within Company thereof in .writing. If such notice
ten days of the receipt of process or plead-
ings or if the Insured shall not, in writing, promptly notify the Company of any de-
which the Company shall or may be liable
(Conditions and Stipulations Continued and Concluded on Last
no recovery shall be had by the ; under this policy unless action sk commenced thereon within five yea) expiration of said thirty day period. to furnish such statement of loss or c or to commence such action wit! time hereinbefore specified, shall be clusive bar against maintenance by sured of any action under this polil
6. OPTION TO PAY, SETTLE OR CC
The Company shall have the op pay or settle or compromise for or name of the 1:nsured any claim against or to pay the full amount policy, or, in case loss is claimed unc policy by the owner of the indeb secured by a mortgage covered t
policy, the Company shall have the
to purchase said indebtedness; suc chase, payment or tender of paym
MISE CLAIM!;
Page of This Policy)
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TO 1012-1 AB C California Land Titb Associatior, Standard Coverage Policy-1963 SCHEDULE A
Premium $ 111.1
Effective
Amount $ 15,500.OQ Date June 21, 11966 at 9:QQ A,M, policy NO. 8428
INSURED
City of Carlsbad, California,
a Municipal corporation
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
City Qf Carlsbad, California, a Municipal carporatlon
2. The estate or interest in the land described or referred to in Schedule C covered by this policy
a fee.
SCHEDULE B
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 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.
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TO 1012-16 Cont. C California Land Title Association Standard Coverage Policy-1963 S C H E D U L E B - (Continued)
PART 11
1. General and special taxes of San Diego County and the City of Carlsbad for the fiscal year 1966-67, now a lien, payable in November.
2, An easement for pipe line and incidental purposes
Reserved by; E, Edward Zahler and Catherine Ann Zahler Recorded : November 30, 1927 Book 714, page 419 of
Af f ecrs : the Southerly boundary Official Records
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TO 1012-1--1056-1 C OC C American Land Title Association Loan Policy Additional Coverage-1962
California Land Title Association Standard Coverage Policy-1963
or SCHEDULE C
The land referred to in this policy is described as follows:
All that portion of Tract 117 of Carlsbad Lands, In the City of
Carlsbad, County of San Diego, State of CalSEornSa, according to Map thereof No, 1661, filed In the Office of the County Recorder of San Diego County, March 1, 1915, described as follow-si
Beginning at a point on the Northerly line of sa2d Tract 117,
distant'thereon North 89' 57' West, 358.58 feet from the North- easterly corner of said Tract 117; thence North 89* 57t. West, along said Northerly line 485.07 feet to the Northeasterly
corner of that certain tract of land conveyed to Augusta Asmus by deed dated October 20, 1922, and recorded in Book 908, page 423
of Deeds; thence South 34" 35' East, along the Easterly line of said Asmus' land and along the Easterly line of that certain trac of land conveyed to W, W. Brown and Anna Brown, husband and wife, by deed dated February 17, 1925, and recorded in Book 1065, page 308 of Deeds, 465 feet; thence North 55O 27' East, 399.28 feet ta intersection with a line that bears South 34' 33t East, through the point of beginning; thence North 34' 33t West, 189,55 feet to the point of beginning,
EXCEPTING therefrom that portion lying Southwesterly of a line beginning at a point on the North line of the above described property, 466-58 feet from the Northeasterly corner of said Tract 117, and running South 34' 33' East to a point on the Southeaster line of the above described property,
. 3
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CONDITIONS AND STIPULATIONS (Continued ond Concluded From Reverse Side of Policy Face)
rhe full amount of this policy, together lvith all costs, attorneys’ fees and expenses Ivhich the Company is obligated hereunder
to pay, shall. terminae all liability of the
Company hereunder. In the event, after
pany by the Insured, the Company offers notice of claim has been given to the Com-
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.
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, a11 costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys’ fees in litigation carried on by the Insured with the written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under this policy (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
encumbrance not excepted or excluded in unmarketable because of a defect, lien or
[his policy, until there has been a final determination-by a court of competent juris- diction sustaining such rejection.
(d) All payments under this policy, ex- cept payments made for costs, attorneys’ fees and expenses, shall reduce the amount of the insurance. pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless
case proof of such loss or destruction shall the policy be lost or destroyed, in which
pany; provided. however, if the owner of be furnished to the satisfaction of the Com-
an indebredness 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 policy 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 thirty days thereafter.
8. LIABILITY NONCUMULATIVE
It is expressly understood that the amounr of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of
any morrgage 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 described or referred to in Schedule A, and the amount so paid shall be deemed a pay-
provisions of rhis paragraph numbered 8 ment to the Insured under this policy. The
shall not apply to an Insured owner of an indebredness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT OR
SETTLEMENT
a claim under this policy, all right of sub- Whenever the Company shall have settled
rogation 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 againsr any person or prop- erty in respect to such claim had rhis policy not been issued. If the payment does not
shall be subrogated ro such rights and cover the loss of the Insured, the Company
remedies in the proportion which said pay- ment bears to the amount of said loss. If
loss should result from any act of th sured. such act shall not void this p but the Company. in that event. sh; required to pay only that part of any insured against hereunder which shal ceed the amount. if any. lost to the pany by reason of the impairment c
right of subrogation. The Insured, quested by the Company, shall trans the Company all rights and rer against any person or property necess order to perfect such right of subrog
and shall permit the Company to u name of the Insured in any rransact~ litigation involving such rights or ren
If the Insured is the owner of tl debtedness secured by a mortgage c( by this policy, such Insured may rele substitute the personal liability o debtor or guarantor, or extend or orhl modify the terms of payment, or I a portion of the estate or interest fro lien of the mortgage, or release an lateral security for the indebtedness vided such act does nor. result in an of priority of the lien of the morrga
10. POLICY ENTIRE CONTRACT
Any action or actions or rights of that the Insured may have or may againsr the Company arising out ( status of the lien of the mortgage c
interest insured herein must be bas by this policy or the tirle of the est
the provisions of this policy.
can be waived or changed except by Y
No provision or condition of this
endorsed hereon or attached hereto by the President, a Vice Presiden Secretary, an Assistant Secretary or validating officer of the Company.
11. NOTICES, WHERE SENT
All notices required to be given the pany and any statement in wririns re to be furnished the Company shall dressed to it at the office which issuj policy or to its Home Office, 433 Spring Street, Los Angeles 54. Cali
12. THE PREMIUM SPECIFIED IN SCk
A IS THE ENTIRE CHARGE FOR TITLE SI
TITLE EXAMINATION AND TITLE INSUfi
8
Title Insurance and Trust Company
FOUNDED IN 1893
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