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HomeMy WebLinkAboutMS 550; MCDOUGAL LOT 3 PER MAP 2152; Engineering Applicationv·· ".'~'--"'--' ;n 't" • '. ," 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' , . t 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 ./'" v"" "7 V v" /" t/ ./ ./ , / , V ./ v ,./ 'v' 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.) • J;~ " ~ ...... ~-... ' "" ...... · .......... ~ ........ _ ..... ""'''''''d'i'.:,':...:·~~t,:?i!I; .. 73)& .. 't or. 0' t;tr-'i~l& .... ;;~,"",,: 6uz) s'";'.· I ., ~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. • I J , ., ,I " I ~ 'r \ I \ l r r-------'O--R-N-O--TA--R-V-S-C-A-L--O-R-S-T-A-M--P--~~~~~,~' ~nn: " .. nI.WIIII"" 1 PII \1\ III' Son Diogo , !'o'. Hu Ho(ch 17, 1980 "i,ll1',. ntf'. fI,,. tlllIl.·, _"lIll-",.t \ufln-'·ul,l{'-JfI .,,"1 tur ./lu" '"Uln IImJ ",,,II'. 1"'I··,nlltl, 1I11,1I·.th,J Adolf F. Lassen and Emma R. Sal.en • l,m_lIln lilt" 'n IIf' Ib" I,,,r-r.n 5 _Iw .. " fllIlllf' 5 are.uh ... "ltNt, •• Il,,' RI.hill 111"IHI"""11 lll .. t 1I,l.n"_'t'II}!f'.1 Ihul they r'Nuh',' Iht' IInnlr. _. (7....u.c./~~)n..: >1~a.....,( --- / ~ . Sfnattue of 'Nn1iJrr ~ ~--------------------~ ~1,\lJ, T~:< .~T~n:"r.~TS 11) r.\KTY ~1I1)~N (IN !'UI.I,!>1IT"(; l.I"t:: It' M11',\IIn' ~l ~1I{)1I'N. ",\II,,'~lJlltt:(:n:"o\nO\t: 1,1 ,0 S J "leY 4·75) ..... - j ~ O\~' ,~ '1 ' , \9~ ~~ .... ', ,~ '>., t e 2()4,3lJ, ® 1.B4AC, ........... ........... ........... • OFFER TO DEDICATE • ED. " -' ~ ... { ~ ~ , S~N DIEGo COUNTY .' " • • @)'. , 1.17 AC.: DETAIL NO SCALE PAR. I - .. ASSESSORS "'AP' , ' .L .. ~K'?QJ..PA:' 3~ .1!'PP!D TO!! __ ,:", ......... toSES "-,,,' .~ ,,.,."-.:..:1_1) .. . ' " '1 l""~---=- .. ~. rl '. ~~r.9() .-/ ' I'~" 'I@'" .. r -, . \ . ~ . 2S "':", 3.31 AC' > .. . . ", POR t" .", ~ . """ \"'" ~ ~ ~I ~~ "'" '} ~ '", 'i @ " SHT I / . ":-.., " / \ . S4/-SS'c l 1-240.~4 ~823 3 M2152 " ". " "'"', , " '@ BLK. F ~MAC.'~ 4 ~ . 1'1 -I-t..°dl'/~··UJ • C\j /00 . .-4 .-00.'-,9 SUIJIJ:' ~ ~ <~ PAR. I I" PAR. 2 .~ ~" ~ s ,@ ~ 0.62 AC. .:; ~ -'1'4 «\ ''-1' ~ '"," '",", --,~ ~'"~,-;, 207-36 . ~1~I~a ~ " E9.. J 3-24-6'1· ~tU CHANGES' BI,.·K OLD NEW 'fR C.UT 1-10 78 30 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 2'-1 zfl.J~ ~I 3rill, , PR(JII . ~ I' .~ @ ~ @). . I· ij)~~~ .~~ ~ ~t)( "io; ,l;; -.9 ~'.' ~ ~ ~It\ :. ...... ~ ~ ~,,~ ~ .. , ~ ~" ~ ." C\I 'V, 'Ii ... ~ · ~t" Cb ~ () ."'.~ Ii) "I 5Z "'n , V'b , :A~ .~ \f\ J\ !\ " ~ '~." ~ .. 'Ij:: ~. Q ~ P M \" 046 '~ c.,;. tol ~ 2'S. II /oo.o!J /00/0. ~07'" ~\ 100,35 \.... /' 4 4tt.:~~~:\.:--.---.--.----: ."i,{'~ ~""":"""":'" '-=" . 5T .?40. Z5' w.!.? _ ::: IL~:::'-?.!·~~· -4.. Sr.~ _ ,_ S.4~008'27·E. I*q, . DR, 1 50 ( ,W >' 00:: UO • t @ ~.Le th~Sp.Lat ~S bell.e •. " .. i\l \9 ect, the Company assumes no 1i~lilit or any loss 'occurring by reason of ";' ~ . eliance thereon." , .... ' ,I';. MAP B539-CARLSBAO TRACT 74-.6' ... MAP 2152 -BELLAVISTA-POR. BJ.-K: OF. ' . MAP B23-RANCHO AGU.A' Ht:DI·ON A , • ., _. +-'.~ ... _.,,1 It I. • r , .. ""tW, 1" ,,' ~ I'" .. >( \' ~... .::I<~ _ -lit -{I . ,..", '\ .... " \ .t ~\ . ~,~,\;.'\ . ,,..l'!f. ~ilt~, .... ~ ~l-'\'t)It'~ , ' .. • ! .~ • , , .t-'I'~,r."'11\ ~hrtcr~ " .... ~ . .,....,.. ~ . i W "4'\ ,. lti.l" \ tr"';" • .. " " ~' 1 ~ " \ r1 ,I J ~ t " \<1 ~ .~ e, SAFECO TITLE INSURANCE COMPANY e 'I, i « @J 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 ~'t '\.~ ~ AME.R1C ~~ First American Title Insurance Company HOM.O .... IC.: SANTA ANA CAU"ORNIA • .} J'{ ,\ , ./ [;' ! 1/ ........