HomeMy WebLinkAboutMS 550; MCDOUGAL LOT 3 PER MAP 2152; Engineering Applicationv·· ".'~'--"'--' ;n
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CITY OF CARLSBAD
APPLICATION FOR APPROVAL OF A~TENTATrVE PARCEL MAP
FOR A t--1INOR SUBIDIVISION OF LAND-(INT04 OR LESS PARCELS)
AS ~ROVIDED FOR IN CHAPTER 20.24 OF THE
CARLSBAD MUN! C IPAL CODE
F I LING FEE:, ,~p300. 80 "r Lf:.Ck..2, FILING FEE RECEIPT NO. ~r ~o -~=---.:...::= MI~OR SUBDIVISION NO. MS
I' 'f 01.". q -(for office use)-' ---,
fp-$';.81 r'::l .H·
TO THE CITY ENGINEER OF THE
CITY OF CARLSBAD:
DATE May 5,-1981'
, .
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I. Request is hereby made for approval of Ten1ftbve Parcel t~ap of Minot
Subdivision No., consisting of _ .3 .___ gross
acres, having 3. lots, be-ing a proposed subdivision of land for
property described as :' '
(Exact Lega 1 'Descdpt ion)
, Lot 3 and the Northerly J 0 feet of Lot ~~Gek F, of BellaVia t:a
, Subdivision Map 2152, in the City of Carlsbad, County of San Diego,
filed March 7, 1929
gene r all y 1 oc fl ted 0 nth e --r--:-:-:---:-'-;,----,.,---:--,=Fa.:;::s:.,.:t:---:--~,.,-.-__._--------_.,... ......... -(Ndrth, South, East, W~st)
5 i de of Park -Drive
. (Nam~ ~f St~eet) between Halls;:Lq;~De..)lT.e
(Name of Street) and ,,~. Adams Street
(Name of Street ).
ASSESSORS PARCEL NO. 2'06 i91 16 & '25
-=--~~=~--~~--~-------Book Pa'ge Parce 1
J Y,P E OF SUB D I V I S ION _-r::::-_R;-es,...' i_d-:-en-;:t_i-;-al_~_~-...--,:;---;---..---,-:--;--;~ __ _
( R e ~ j den t i a 1, C omm e r cia 1, I n d u 5 t ria 1.)
Are the existing or proposed parcels or l·ots in this ri1inorsubdivision
subject to other discretionary approval (for example, a variance or con-
ditional use permit)? Yes No 'x
~ ~
" Ii'~
.. , .. _ ...... ~~ .... ~ . .' • '. PRESENT ZONE R -.1 15,000
we the unders i gned state that we ~e --.T(~I~am--,~Wn-e-a--r-eT) the
of the property described her~in and hereby --row'---'-~ -e-r-, -;::Ow-n-e-r-'s",)--r(":AA-u-:"t'h-o-r-.'j zed A g en t )
give our ... 1 '. aut,horization to the filing of this proposed tract
~~Yaf-e Ou r ).. map.
(I am, We are)
aware of and have had an opportunity to read
~~--~--~~----
Titre 20 (Subdivision Ordinance) 'of the Carlsbad Municipal Code.
/,'~
Name '. Allan K. MacDougall
. (Ty~~~¥ ~~{ja~~n on Recorded
Slg·nature ~7a!l..R/"
Peed)
Na me . ~ J),O}lJ.).l1 M.·. l1acDouga:\t1: ~ ,
( T ipe---P r i n t ed-------'------;R"e-c-o-r-.d-e·d~D-e-e-;q"')----:--------------.,-
Signature~,~~"~~~~~w-~~~~~~~~~~~~ __________ ~ __ . ______ ~ __ ~
Name, --~(~T~y-p-e-d~o-r~P~r-;i~n~t-e-d'-a-s--s-;h-o-w-n-o--n-R~'-e-c~o-r~d-e~d-=D-e-e~d~)~'~-~--~~--~---
Signature ______________ ~ _____________________ ~ __ ~~ ____________ ~
Name " , ~(~T~y~p-e-d.-o-r---;P~r7in-t~e-d.-a--s--s .. h-o-w-n-o-n~R-e-c-o-r-d'e-d·.~D~e-e~'d~)r---------~---~--
Signature ________________________ ~ __ ---~~ __ --------------~--~---
Name and Address of Subdivider:
Allan K. & Donna M. MacDougall
4620 Park Drive, Carlsbad Ca 92008
Name, address and phone number pf Engineer or Licensed Land Surveyor:
N RdE10163 o.
Alton L: Ruden.
2733 Mesa i);ive Oceanside Ca' 92054 757-3112
•
TENTATIVE PARCEL MAP
C'H ECK LIST
•
INFORMATION ON MAP: Each tentativa parcel map shall contain"the
following infor~ation: (Sec. 20.24.040)
v
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1. Name and address ·of the owner whose property is pro-
posed to be subdivided and the name and address .of
3 .
4.
5 .
6 .
7 .
8.
9 .
10.
11-
12.
13.
14.
15.
16.
17.
18.
the subdivider;
N am e and ad d res s 0 f reg i s t ere d c i v i 1 e ng i ne e r, ..
licensed surveyor, or other person who pr~pared the
tentative parcel map; (Note: Final parcel map must
be prepared by a registered engineer or licensed
land surveyor.) .
North point;
Scale;
Date of preparation;
The.location, wi·dth and names of all streets adjacent
to the bou~daries of the proposed minor s~bdivisions;
Location and width of alleys;
Origirral boundary delineated by heavy blue border;
Lot lines and approximate dimensions and n~mbets of'
each lot;
Approximate 10cation and width of watercourses or
areas subject to inundati~n from floods, and location
of structures, irrigation ditches and other' permanent
physi·cal features; "
,Approximate contours at two-foot intervals;
Approximate location of buildi!1g s and permanent
structures;
Location of trees within proposed rights of way to
be ded1.cated;
Legal description of th~ exterior boundaries of t~e
subdivision;
Width and location of all existing or propGsed publiC
or private easements; .
Methpd of sBwering each lot ('existing and proposed
laterals and existing sewer mains shown);
Method of draining each lot;
Existing street, sewer, water~ and. storm drainage
improvements along the subdivision frontage,
including street lights and fire hydrants on 'both
sid e s 0 f the s t r e e t ·w i t hi n 300 fee t 0 f t h,e sub d i vis;,o n .
-~ 'rl:~' ~"~' ;~'~~-.' • • ~ ",( ,
TENTAtIVE PARCEL MAP -CHECK lIST Page -2-
OTHER REQUIREMENTS:
v 1., Prelim'inary Title Report (Sec. 20.24.060);
--y 2. Grading Plan, incl~ding approximate earihwork'volumes
or statement on map that no grading is p-roposed.
3 .. Council Policy No. 17 (public facilities letter)*,
;/ 4.
V 5.
V" 6.
Seven copies of,tentative parcel map (Sec. 20.24.030).
300' Radiu:s M'ap - A ma,p to scale not less than 111 = 200'
sho0ing each' lot within 300' of the exterior bound~ries
of the ~ubject propeFty. Each of these,lots shall be
consecuti vely numbered an'd correspond wi th property
own e r s I 1 i's t . '
Property Owners' List - A ty~ewtittenlist,on self-
adhesive (Avery) labels of the n~me and add~ess of all
persQns owning property (as shown 6n the 'lastest Equalizerl
Assessment Roll) and persons in possession, if different,
within a 300' Radius of the exterior boundaries of the
subject property.
* A'letter is required from the appropriate sewer and
school district (or districts) certifying that
satisfactory facilities exist or arrangements have
been made to the satisfaction of th~ district to
provide said facilities.
PLEASE NOTEd"CAREFULLAE LIABILITY EXCLUSIONS AN~MllATIONS'ANri THE
SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IFYOU WISH ADDlflONAL
LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT
THI; COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND "tHE COST .
. ~ .
. NO·P..,36222
Li~bility $1.00 • 00
Fee $ 20.00
Dated:8-5 .... 81
SAFECO TITLE INSURANCE· CQ,MPANY
a corporation, herein called the Company,
GUARANTEES
County of San Diego
herein called the Assured, ~gainst actual loss not exceeding the liability amoulit stated abQve which,the
Assured shall sustain by reason of any incorrectness in the assurances set forth inSche(iule A .. ,
LlABILllY E;XCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or
referred to· in Schedule A or with respect to the validity, legal effect or priority of any, matter
shown therein. '
2. The Company's liability hereundershall'be limited to the amount of actual loss sustained by the
Assured because of reliance upon the assurance$ he'reinset forth, but in no eveht .l?hall the
CO/Tlpany's liability exceed the liability amount set fortli above.
Secretary President '.
• ; ...... ,.' •• e' ••• ! •••••• ~ ••• ' ••••••••• 00 ••• ' ••••
AuthoriZed Signature ~.
SAFECD,
"-."'" GUARANTEE
-'" CL TA Guarantee Face Page (Rev. 6-8-71)
-28 (Rev.6-80)
,
/
-' SCHEDULE A
P-.36222 NO. .
The assurances referred to on the face page are: . ,
That, according to the Company's property records relative to the following described real
property ('but without examination of thdse Company records maintained and indexed by
name) :
See photo copy of Deed attached.
The last recorded instrument purporting to transfer title to said real property is:
Grant De~d ~ated 2-12-80 from Lassen & Sa1s~n to MacDougall et ux
and recorded 3-21-80 as file #80-096549
99.00 on full value Documentary Transfer Tax $, ____________ ~ ___ -_----~-
If information was requested by reference to a street address, no guarantee is made that said real property
is the same as said address.
Tax Parcel # 207-.360-16
RECORD OWNER GUARANTEE
CLTA Guarantee Form No. 15 (9-12-68)
P-36 (G.S.)
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~I;1DIN"
San Dle~
,,\UESTEO 8Y
,dera I
r I H.... Mr. and Mr.s. A II'an MacOouga II
A.D .... 5005 TIerra del Oro c.,.. Carlsbad, CII. 92008 ., .. ~ . z,. L .-l
Tit .. Orolrr :'\0i)/(l72fV'"~''' :';n, 80435
0-09G5'4C) f},,'tJri\~l NO _. __ ..... _ .. ___ ""
. BOOK 1980 -
R£COROCO krqu(S1 OF WeCO TIlLE INSUnA.~Ct CO~.IPAl/y
MAR 2 1 8:00 AM 'SO
OffiCIAL RECORDS "
SAIi DIEGO COUNTY. CAliF. VERA l. lYLE ~ECORDEII
SPACE ABOVE THIS LINE ~o" "~CORDE"'5 USE
GHANT DEED AfJi-die 7-3f:'C -/ fo
TRANSFER TAX PAlO
The u",I<r'i~nrcl ,I •• ln,., Ihnl Ih •• lor""""lo,, I,,,,,,r., In' i; S 99,.QQ .... ~ DI[~(), COV.!IJ:t,J~,~!!!lD~R .• , ......... "n" j.
i](: ('flUlIIUI('(1 on Ihr luJl HI)II" of 'he ;nlf'rt':'1 or pWl'rrl)' ('\)11\('),('«1. or i" n fIlI1lJUlh"" nU Ilw ruIJ ,,,111(' II.'''' Ih(" \'<1Jut" or lim~ or (,lIf'uft1hrDhC r ... rrmllininr; ,herron 01 tilt" timf' or ",ale. Th(' Innd~
)c·flt·rnrUI" or ((, .. llr i .. Irw.-If'tl in o unillrorpo:atr,1 ar("a ~ f"il)' or C,~r I sbad .. . ,._ ,".,. . ..•.. ~ ..... : ..... , .......... -" uOII
nm A "AI.I'ABl.E (:n:,\Slm:UATIO:-', reCOil'1 or "hieh j, hrrthy n<kno~lrd~cd.
ADOLF F, LASSEN, A SINGLE MAN AND EMMA R. SAlSEN, A WIDOW
h~rrhy GIIA:';T,S) I.
ALLAN MAC DOUGAll AND DONNA H. M~C DOUGALL, HUSBAND ANO WIFE AS JOINT TEN~TS
the' f(l1lowinj: (J~,.('ritlt"fl rt",tI prtfltrrt)' in lin" City of Car 1 sbad
('olml1'of San OJ ego • ~Intr iJ( (:t.lIf.,-n'iOl!
lot 3' In B-Iock "F" of BElLAVISTA, In the Cfty
Stote of Callfornlll, according to Map thereof
the County Rel;order of San ,Diego County. Mal'c
D.tr,L_ • .!ebruaryJ2, 1989 ~ -I
" .
o 'Carlsbad" County or'Ssn Diego,
o. 2152. fl\ed In the office of
7. 1929.
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PII \1\ III' Son Diogo , !'o'.
Hu Ho(ch 17, 1980 "i,ll1',. ntf'. fI,,. tlllIl.·,
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1I11,1I·.th,J
Adolf F. Lassen and Emma R. Sal.en
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• OFFER TO DEDICATE
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, S~N DIEGo COUNTY
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DETAIL
NO SCALE
PAR. I
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CHANGES'
BI,.·K OLD NEW 'fR C.UT
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ICJO'3~ /I 78 IOcStf
~~~~. /2-/4 78 ~O42
?,Ofll·"I-3-5.9' /I /5-/9 78 101'8
15 AC· 79 5520 C1ol6.
2{3 to ('ZI 7CfJ t~3'
/7 Ir:t% 71 ~c1~
4tZI ~2(23 79 41&8
I 18 ,</ n~f" 80 557~
1$;:';0 24/25 1$0 ~ID
/6 i~~. 81 4~
I /B(19 2~-28 8( 2259
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ect, the Company assumes no 1i~lilit
or any loss 'occurring by reason of ";' ~ .
eliance thereon."
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MAP B539-CARLSBAO TRACT 74-.6' ...
MAP 2152 -BELLAVISTA-POR. BJ.-K: OF. '
. MAP B23-RANCHO AGU.A' Ht:DI·ON A
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SAFECO TITLE
INSURANCE COMPANY e
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SAFECD
SAFECO TITLE
INSURANCE COMPANY
HOME OFFICE
13640 ROSCOE BOULEVARD
PANORAMA CITY. CALIFORNIA 91409
SAFECO TITLE
INSURANCE COMPANY
Form No. 1~'_(:1noi,J
ALTA Loan Policy -1970 with
ALTA In~orsement -Form 1 cover.
(Amended 1()'17-70)
•
POLICY OF TITLE INSURANCE
ISSUED BY
E' 'at American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE
INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,
attorneys' fees and expen!ies which tlJe Company may become obligated to pay hereunder, sustained or incurred by
the insured by reason of: r'\
1. title to the estate or _interes~bed in Schedule A being vested otherwise than as stated therein;
2. any defect in or li!,n or encumbrance on such title;
3. lack of a right of access to and from the land;
4. unmarketability of such title;'
5, the invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest
except to the extent that such invalidity or unenforceability, or claim thereof, arises out of the
tranSliction evic:ienced by the insured mortgage-and is based upon . p a. usury, or
b. any consumer credit protection 6r truth In lending law;
6. the priority of any lien or encumbrance over the lien of the insured mortgage;
7. any statutory lien for labor or material which now has gained or hereafter may gain priority over
the lien of the insured mortgage, exc;ept any such lien arising from an improvement on the land
contrected for and commenced subsequent to Date of Policy not 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;
8. any assessments for street improvements under construction or completed at Date of Policy
which now have gained or hereafter may gain priority over the insured mortgage; or y
9. the invalidity or unenforceability of any assigl)ment, shown in Schedule A, of the insured mortgage -
or the failure of said assignment to vest title to the insured mortgage in the named insured
assignee free and clear of all liens.
IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be !iigned and sealed
by its duly authorized officers as of Date of Poiicy shown in Schedule A.
First A·merica,n Title Insura,nce Company
BY PRESIDENT
SECRETARY
':'1
SCHEDULE OF EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY:
1. 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 CHAR-
ACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND, OR PROHIBITING A
SEPARATION IN OWNERSHIP OR A REDUCTION IN THE DIMENSIONS OR AREA OF THE LAND, OR THE EFFECT OF ANY VIOLATION
OF ANY SUCH LAW, ORDINANCE OR GOVERNMENTAL REGULATION.
2. RIGHTS OF EMINENT DOMAIN OR GOVERNMENTAL RIGHTS OF POLICE POWER UNLESS NOTICE OF THE EXERCISE OF SUCH RIGHTS
APPEARS IN THE PUBLIC RECORDS AT DATE OF POLICY.
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 AND NOT SHOWN BY THE PUBLIC RECORDS BUT KNOWN TO THE
INSURED CLAIMANT EITHER AT DATE OF POLICY OR AT THE DATE SUCH CLAIMANT ACQUIRED AN ESTATE OR INTEREST
INSURED BY THIS POLICY OR ACQUIRED THE INSURED MORTGAGE AND NOT DISCLOSED IN WRITING BY THE INSURED CLAIMANT
TO THE COMPANY PRIOR TO THE DATE SUCH INSURED CLAIMANT BECAME AN INSURED HEREUNDER; (c) RESULTING IN NO LOSS
OR DAMAGE TO THE INSURED CLAIMANT; (d) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (EXCEPT TO THE EX-
TENT INSURANCE IS AFFORDED HEREIN AS TO ANY STATUTORY LIEN FOR LABOR OR MATERIAL OR THE EXTENT INSURANCE IS
AFFORDED HEREIN AS TO ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT DATE OF POLICY).
4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF FAILURE OF THE INSURED AT DATE OF POLICY OR
OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS TO COMPLY WITH APPLICABLE "DOING BUSINESS" LAWS OF THE STATE IN
WHICH THE LAND IS SITUATED.
1. DEFINITION OF TERMS
The following terms when used in this
policy mean:
(a) "insured": the insured named in
Schedule A. The term "insured" also includes (j)
the owner of the indebtedness secured by the in-
sured mortgage and each successor in ownership of
such indebtedness (reserving, however, all rights and
defenses as to any such successor who acquires the
indebtedness by operation of law as distinguished
from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representa-
gives, next of kin or corporate or fiduciary succes-
sors that the Company would have had against the
successor's transferor), and further includes (ij) any
governmental agency or instrumentalitv which is
an insurer or guarantor under an insurance contract
or guaranty insuring or guaranteeing said indebted-
ness, or any part thereof, whether named as an in-
sured herein or not, and (iii) the parties designated
in paragraph 2(a) of these Conditions and Stipu-
lations.
(b) "insured claimant": an insured
claiming loss or damage hereunder.
(c) "knowledge": actual knowledge,
not constructive knowledge or notice which may be
imputed to an insured by reason of any public
records.
(d) "Iand": the land described, speci-
fically or by reference in Schedule C, and improve-
ments affixed thereto which by law constitute real
property; provided, however, the term "Iand" does
not include any property beyond the lines of the
area specifically described or referred to in Schedule
C, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modi-
fy or limit the extent to which a right of access to
and from theJand is insured by this policy.
(e) "mortgage": mortgage, deed of
trust, trust deed, or other security instrument.
(f) "public records": those records
which by law impart constructive notice of matters
relating to said land.
2. (a) CONTINUATION OF INSURANCE
AFTER ACQUISITION OF TITLE
This policy shall continue in force as of Date
of Policy in favor of an insured who acquires all or
any part of !he estate or interest in the land de-
scribed in Schedule C by foreclosure, trustee's sale,
conveyance in .lieu of foreclosure, or other legal
manner which .discharges .the lien of the insured
mortgage, and if the in~r4ld is _--,~brporation, its
transferee of the estate ~f-mteT""t so ecquired,
CONDITIONS AND STIPULATIONS
provided the transferee is the parent or wholly
owned subsidiary of the insured; and in favor of
any governmental agency or instrumentality which
acquires all or any part of the estate or interest
pursuant to a contract of insuraoce or guaranty
insuring or guaranteeing the indebtedness secured
by the insured mortgage; provided that the amount
of insurance hereunder after ~uch acquisition, ex-
clusive of costs, attorneys' fees and expenses which
the Company may become obligated to pay, sliall
not exceed the least of:
(j) the amount of insurance stated in
Schedule A;
(ij) the amount of the unpaid princi-
pal of the indebtedness as defined in. paragraph 8
hereof, plus interest thereon, expenses of fore-
closure and amounts advanced to protect the. lien
of the insured mortgage and secured' by said in-
sured mortgage at the time of acquisition of
such estate or interest in the land; or
(iii) the amount paid by any govern-
mental agency or instrumentality, if such agency
or instrumentality is the insured claimant, in the
acquisition of such estate or interest in satisfaction
of its insurance contract or guaranty.
(b) CONTINUATION OF INSURANCE AF-
TER CONVEYANCE OF TITLE
The coverage of this policy shall continue
in force as of Date of Policy in favor of an insured
so long as such insured retains an estate or interest
in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser
from such insured, or so long as such insured shall
have liabi,ity by reason of covenants qf warranty
made by such insured in any transfer or convey-
ance of such estate or interest; provided, however,
this policy shall not continue in force in favor of
any purchaser from such insured of either said
estate or interest or the indebtedness secured by a
purchase money mortgage given to such insured.
defect, lien, encumbrance, or other matter insured
against by this policy. .
(b) The insured shall notify the Company
promptly in writing (j) in case any action or pro-
ceeding is begun or defense or restraining order or
injunction is interposed as set forth in (a) above,
(iii in case knowledge shall come to an insured
hereunder of any claim of title or interest which is
adverse to the title to the estate or interest or the
lien of the insured mortgage, as insured, and which
might cause loss or damage for which the Company
may be liable.by virtue of this policy, or (iii) if title
to the estate or interest or the lien of the insured
mortgage, as insured, is rejected as unmarketable.
If such prompt notice shall not be given to the
Company, then as to such insured all liability of
the Company shallceese and·terminate in regard to
the matter or matters for whiCh such prompt
notice is required; provided, however, that failure
to notify shall in no case prejudice the rights of
any such insured under this policy unless the
Company shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Company shall have the right at
its own cost to institute and without undue delay
prosecute any action or proceeding or to do any
other act which in its opinion may be necessary or
desirable to establish the title to the estate or
interest or the lien of the insured mortgage, as in-
sured, and the Company may take any appropriate
action under the terms of this policy, whether or
not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision
of this policy.
(d) Whenever the Company shall have
brought any action or interposed a defense as re-
quired or permitted by the provisions of this policy,
the Company may pursue aoy such litigation to
final determination by a court of competent juris-
diction and expressly reserves the right, in its. sole
discretion, to appeal from any adverse judgment or
order.
3. DEFENSE AND PROSECUTION OF AC·(e) In all ceses where this policy per~its
TIONS -NOTICE OF CL.AIM TO BE or requires the Company. to prosecute !,r provl~e
GIVEN BY AN INSURED CLAIMANT for the defense of any action or proceedlOg, the 10-
. sured hereunder shall secure to the Company the (a) The Company, at. Its own cost and right to so prosecute or provide defense. in such ac-
without undue. delay,. ~hal! provld,: f~r the def~nse tion or proceeding, and all appeals therelO, and per-
of an insured 10 all litigation cO~slstlOg Of. actions mit the Company to use, at its option, the name of
or proceedings c~.menced agal~s~ suc~ lO~red, such insured for such purpose. Whenever r~uested or defenses, restrain 109 orders or .IOJ~nctlons IOter-by the Company, such insured shall give the
posed against a foreclosure of the IOsured m0':1-Company all reasonable aid in any such action or
gage or a defense interposed against an insured.1O proceeding in effecting settlement, securing evi-
an action to enforce a contrect for a sale of the 10-dence, obtaining witnesses, or prosecuting or de-
debtedness secured by the insured mortgage, or a fending such action or proceeding, and the Company
sale of the estate or interest in said land, to the ex-shall reimbu,... such i!,!sured fo~ a.nv expense 10)
.• that such litigation is founded upon a~ alleged .. i.ed. (ContlOued on IOslde beck cover
_ 17 $' -.~
(Continued from inside front cover)
4~ NOTICE OF LOSS -LIMITATION OF AC-
TION
In addition to the notices required under para-
graph 3(b) of these Conditions and Stipulations, a
statement in writing of any loss or damage for
which it is claimed the Company is liable under
this policy shall be furnished to the Company
within 90 days after such loss or damage shall have
been determined and no right of action shall accrue
to an insured claimant until 30 days after such
statement shall have been furnished. Failure to
furnish such statement of loss or damage shall
terminate any liability of the Company under this
policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS
The Company shall have the option to pay or
otherwise settle for or in the name of an insured
claimant any claim insured against or to terminate
all' liability and obligations of the Company here-
under by paying or tendering payment of the
amount of insurance under this policy together
with any costs, attorneys' fees and expenses in-
c!Jrred up to the time of such·payment or tender of
payment by the insur~ claimant and authorized
by the Company. In case loss or damage is claimed
under this policy by an insured, the Company
shall have the further option to purchase such in-
debtedness for the amount owing thereon together
with all costs, attornays' fees and expenses which
the Company is obligated hereunder to pay. If the
Company offers to purchase said indebtedness as
herein provided, the owner of such indebtedness
shall transfer and assign said indebtedness and the
mortgage and any collateral securing the same to
the Company upon payment therefor as herein
provided.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this
policy shall in no case exceed the least of:
(j) the actual lOss of the insured
claimant; or
(ij) the amount of insurance stated in
Schedule A, or, if applicable, the amount of insur-
ance as de.fined in paragraph 2(a) hereof; or
(iii) the amount of the indebtedness
secured by the insured mortgage as determined
under paragraph 8 hereof, at the time the loss or
damage insured against hereunder occurs, together
with interast thereon.
(b) The Company will pay, in addition to
any loss insured against by this policy, all costs im-
posed upon an insured in litigation carried on by
the Comp!lfly for such insured, and all costs,
attorneys' fees and expenses .in litigation carried
on by such insured with the written authorization
oNhe Company.
• CONDITIONS AND STIPULATIONS
(c) When liability has been definitely fixed
in accordance with the conditions of this policy,
the loss or damage shall be payable within 30 days
thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under
this policy (a)·if the Company, after having received
notice of an alleged defect, lien or encumbrance
insured against hereunder, by litigation or otherwise,
removes such defect, lien or encumbrance or es-tablishes the title, or the lien of the insured mort-
gage, as insured, within a reasonable time after re-
ceipt of such notice; (b) in the event of litigation
until 'there has been a final determination by a
court of competent jurisdiction, and disposition
of all appeals therefrom, adverse to the title or
to the lien of the insured mortgage, as insured, as
provided in paragraph. 3 hereof; or (c) for liability
voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the
Company.
8. REDUCTION OF LIABILITY
(a) All payments under this policy, except
payments made for costs, attorneys' fees and ex-
penses, shall reduce the amount of the irisurance
pro tanto; provided, however, such payments,
prior to the acquisition of title to said estate or
interest as provided in paragraph 2(a) of these
Conditions and Stipulations, shall not reduce pro
tanto the amount of the insurance afforded here-
under except to the extent that such payments re-
duce the amount of the indebtedness secured by
the insured mortgage.
Payment in full by any person or voluntary
satisfaction or release of the jnsurlC! mortgage
shall terminate all liability of the Company except as provided in paragraph 2(a) hereof. ,
(b) The liability of the Company shall not
be increased by additional principal indebtedness
created subsequent to Date of Policy, except as to
amounts advanced to protect the lien of the in-
sured mortgage and secured thereby.
No payment shall be made without producing
this policy for endorsement of such payment un-
less the policy be lost or destroyed, in which case
proof of loss or destruction shall be furnished to
the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
If the insured acquires title to the estate or
interest in satisfaction of the indebtedness secured
by the insured mortgage, or any part thereof, it is
expressly understood that the amount of insurance
under this policy shall be reduced by any amount
the Company may pay under any policy insuring a
mortgage hereafter executed by an insured which
is a charge or lien on the estllte or interest described
or referred to in Schedule A, and the amount so
paid shall be deemed a payment under this policy.
. ~ .' \.
10. SUBROGATION UPON PAYMENT OR SET-
TLEMENT
Whenever the Company shall have settled a
claim under this policy, all right of subrogatio.n
shall vest in the Company unaffected by' any act of
the insured claimant, except that the owner' of the
indebtedneSs secured by the insured' mortgage may
release or substitute the personal liability of any
debtor or guarantor, or'extend or otherwise.modify
the terrils of payment, or release a portion of the
estate· or interest from the lien of the insured mort-
gage, or release any collateral security for the in-
debtedness, provided such act occurs prior to.
receipt by the insured of notice of any c;!aim of
title or interest adverse to the title to the estate or
interest or the priority of the lien of the insured
mortgage and does not result in any loss of priority of the lien of.the insured mortgage. The Company
shall'be subrogated to Ilnd be entitled' to all rights
and remedies which such insured claimant would have had against any person or property in respect
to such claim had this policy not been issued, and
if requested by the Company, such insured claim-
ant shall transfer to the COmpany all rights and
remedies against any person or property 'nec;essary
in order to perfect such right of subrogation and
sh'all permit the·Company to use the name of such
insured claimant in any transection or litigation in-
volving such rights or remedies. If ,the payment
does not cover the loss of such insu red claimant,
the Company shall be subrogated to such rights and
remedies in the proportion which said payment
bears to the amount of seid loss, but such subroga-
tion shall be in subordination to the insured mort-
gage. If loss of priority should result from any act
of such insured claimant, such act shall not void
this policy, but the Company, in that event, shall
be required to pay only that part,of any losses in-
sured against hereunder which shall exceed the
amount, if any, lost to the Company by reason of
the impairment of the right of subrogation.
11. LIABILITY LIMITED TO THIS POLICY
This instrument together with-afle.ndors-:8menu-·
and other instruments, if any,attached hereto by
the Company is the entire policy and contract be-
tween the insured and the Company.
Any claim of loss or damage, whether 'or not
based on negligence, and .which arises. out of the
status of the lien of the insured mortgage or of the
title to the estate or interest covered hereby or any
action asserting such claim, shall be restricted to
the provisions and conditions and stipulations
of this policy.
No amendment of or endorsement to this policy
'can be made except by writing endorsed'he,reon or
attached hereto signed by either the President, a
Vice President, the Secretary .. an Assistant Secre-
tary, or validating officer or authorized signatory
of the Company.'
12. NOTICES, WHERE SENT
All notices required to be given the Company
and any statement in writing required to be fur-
nished the Company shall be addressed to it at its
main office at 421 Norih Main Street, Santa Ana,
Ca,lifornia, or to the office which issued this policy •
POLICY OF TITLE INSURANCE
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First American Title Insurance Company
HOM.O .... IC.: SANTA ANA CAU"ORNIA
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