HomeMy WebLinkAboutMS 02-10; ROBERTSON RANCH OPTIONAL PIECE PAR; Engineering ApplicationI ;•• - jITF CARL
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Complete all appropriate information N/A when not apphcab!e 4 .,Write
PROJECT NAME: ;24 6 e 2c4 M -/ DATE: 2 o 4.
PROJECT DESCRIPTION:
2)zy;Ic 74vi4/ I'Fp 7/41 2. 7Zay.ie!rZJ3 t r'e/.
PROJECT ADDRESS: Cq',nn Zq1 a' I C JJy
LOT NO(S).: MAP NO.:MS o-io APN(S).: -4-8
NUMBER OF LOTS: 2 4 p. NUMBER OF ACRES:•
OWN ER: ,4X APPLICANT:
Mailing Address:; 21 2 Mailing Address:
Phone Number: 3 .- 373 Phone Number:-
Fax Number: Fax Number:
E-Mail: - E-Mail:
I certify that I am the legal owner and thatall the above
information is true and correct to the best of my knowledge.
Signature'),.-.. s74Z .'Date: 2-)-4 Signature:'4' ,—. Date: a-/J-o4
CIVIL ENGINEER: lee ,,I,4 L).Q SOILS ENGINEER: /Zi&D€i 5frA*)
FIRM: _ FIRM
Mailing Address: £Vo'LokrAv&. j'Vd.,r/ Mailing Address:
Phone Number: Phone Number:
Fax Number: 744 -;• AR484 Fax Number:
E-Mail: E-Mail:
State Registration Number: R ef 6,d State Registration Number:
ADDITIONAL COMMENTS:
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
'Carlsbad Municipal Water District DOlivenhain UVallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15%
contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal
Water District only), street, public (median) landscape and irrigation, and drainage improvements
(if applicable)? $ j'jq
GRADING QUANTITIES M4
cut _______ cy fill _______ cy remedial _______ cy import _______ cy export cy
SEE REVERSE SIDE /t43 02-/0 ocoIIrcIs.4CvcocIA..,ii.'4;,n 1.. Cnninrinn PIn r1..-v Revised 1/14/02
71 .CIT FCARLSBADtENGI.NEERINGDEP. -.
APPLICATION
:
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I Cotipt,çll apopr nfQr!tio appJe.
APi'LiCATIcN FOR bRAWNLG! E.It/FEES4 CM[N
( / all that apply) IDJ 4 NUMBERJ
U AdjustmenPlat.AD3) . . c. r'. . •
El Certificate of Compliance (CE)
Dedication of Easement (PR
Type:__________________
Type:
Type:__________________
O Encorachment Permit (PR)
Final Map (FM) .
El Grading Plahcheck (DWG)
Improvement Plancheck (DWG)
5iO .'.
Quitclaim of Easement (PR)
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Type:
••
\•• •
Type: •
Type:
El Reversion to. Acreage (RA) • • '
El Street Vacation (STV)
Tentative Parcel Map (MS)
_________ _________
. • .•.
O Certificate of Correction
(CCOR)
O Covenant of Easement (PR)
Substantial Conformance
Exhibit (SCE)
Other -
VW
APPLICATION ACC DB .o 1.7 1
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A. MARU 9 tit;4
H
EEGlNEERiNG
, DEPARTMENT
DATE STAMP
.AP.PLiCATON:RECEIVED
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u•in*,I r*D,I*Jy Qi(IhAQTQ*A fn nninI1nn PIn (hk Pana 2 Revispd 1114/02
ENGI lEERING DEPAEN F AR BAD 1
••• • •.• .ENGINEERINGPNGHECK, • •. i ••..••. , *Vt'W
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PROJECT NAME: Robertson Ranch Option Piece Parcel Map DATE: Sept. 5, 2002
PROJECT DESCRIPTION: Subdivision of a portion of Robertson Ranch East Ranch into four
lots to allow transfer of the option piece to Rancho Carlsbad Mobile Home Park when
PROJECTADDRESS: East side of El Camino Real south of Tamarack. purchased.
LOTNO(S).: Parcel 3 MAP NO.: ADJ 01-13 APN(S).: 168-040-30, 168-050-17
NUMBEROFLOTS: Four plus remainder NUMBEROFACRES: 67.4
OWNER: Calavera Hills II L.L.C. APPLICANT: Calavera Hills II L.L.C.
Mailing Address: 2727 Hoover Avenue Mailing Address: 2727 Hoover Avenue
National City CA 91950 National City CA 911C150
Phone Number: (619) 336-3673 Phone Number: (619) 336-3673
Fax Number: (619) 336-3010 Fax Number: 333010
E-Mail: DMitchell@mcmillin .com E-Mail: DMitchell@mcmillon.com
I certify that I am the legal owner and that all the above
Information is true and correct to the best of my knowledge.
Signatu[ )... Date:
Signaturl) Date:
CIVIL ENGINEER:A/7i/ 11AN5EN SOILS ENGINEER: / <5P45MA14
FIRM: O'Day Consultants Inc. FIRM: 0--4/46 #JC.
Mailing Address: 5900 Pasteur Ct. #100 Mailing Address: .57L// PAZAfge LJAY
Carlsbad CA 92008 A€LSØAI CA 2CO8
Phone Number: (760) 931-7700 Phone Number: (7i q38 -3/55
Fax Number: (760) 931-8680 Fax Number: (71,0) 31 O,I
E-Mail: oday@odayconsultants .com E-Mail:
State Registration Number: ,'CI6 0223 State Registration Number: /351
ADDITIONAL COMMENTS: Lot creation I separation only no development proposed at
this time.
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
$Carlsbad Municipal Water District DOlivenhain OVallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15%
contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal
Water District only), street, public (median) landscape and irrigation, and drainage improvements
(if applicable)? S $
GRADING QUANTITIES
cut k cy fill t4A cy remedial 0 k cy import cy export 4 I 0'. cy
SEE REVERSE SIDE
C OF CARLSBAD -ENGINEERING DEP ENT
APPLICATION '
ENGINEERINGPLAN CHECK
I complete all Ppropa bnnaii~ when not appl ab!e.
Iwo
APPLICATION FOR
v' all that apply)
ffPCT .f :DRAWJNG.
;NUMBER
DEPOSIT/FEES
.PAID
I. COMMENTS
[] Adjustment Plat (AD))
_t.10• I.f.
-.•
O Certificate of Compliance (CE)
J Dedication of Easement (PR)
Type:_________________
Type:_________________
Type:______________
O Encorachment Permit (PR)
O Final Map (FM)
O Grading Plancheck (DWG)
O Improvement Plancheck (DWG)
Parcel Map (PM)
O Quitclaim of. Easement (PR).
I. (, - ,.j•* -
Type: • ,j••••A•-
I • Type: ''' •k..-:\
Type: :.
0
..
O Reversion to Acreage (RA)'
O Street Vacation (Sly)
Tentative Parcel Map (MS) 6)2.-(b
0 Certificate of Correction
(CCOR)
.
O Covenant of Easement (PR)
O Substantial Conformance
Exhibit (SCE)
O Other
4
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APPL.ICATIONACCEPTEDBY,
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DATE STAMP
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W•!flFI I1PUJT S vIrS,uAsrSp.qlAnnhII-tInn fm Fn,,InrInn Plan (.h,w* PnR7 1 Revised 1114102
STATEMENT OF AGREEMENT
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty. (50) day time
restriction on Engineering Department processing. This time limit can only be extended
by the mutual concurrence of the Applicant and the City. By accepting applications for
Tentative Parcel maps concurrently with applications for other approvals which are
prerequisites to the Map (i.e., Environmental . Assessment, Environmental Impact
Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) daytime
limits are often exceeded. If you wish to have your application processed concurrently,
this agreement must be signed by the Applicant or his agent. If you choose not to sign
the statement, the City will not accept your application for the Tentative Parcel Map until
all prior necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may
exceed the time limits; therefore, the Undersigned agrees to extend the time limits for
City Engineer action and fully concurs with any extensions of time up to one (1) year
from the date the application was accepted as complete to properly review all of the
applications.
7 .2 -ciZ
Signature Date
H I TT
Name (please print) Relationship to Application
(Property Owner/Agent)
Statement-of Agreement Tentative Parcel Map
~j
RECEIVED
SEt u
ENGINEERING
DEPARTMENT
a
PROJECT MAP REVIEW COMPLETION
The following project maps have been reviewed and are recommended for approval:
Project Name: 9V\ b43
Project No.: S OZ f 0
Map No.: S
OZ.11)
Sheets. No.: __through________________________
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the map review of
this project as defined in Section 8703 of the Business and Professions Code to
determine that the maps are found to be in substantial compliance with applicable
codes'and standards. S
Map review of these project maps does not relieve the Land.Surveyoror Engineer of
Work of the responsibilities of compliancewith state and local ordinances.
Berryman & Henigar
11 590 West Bernardo Court
San Diego, CA 92127
%619) 451-6100
Signed
Michael L. Fo
t
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
_-ç AMCj1
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE
CONDITIONS AND STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability
amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the
assurances set forth in Schedule A.
First American Title Insurance Company IN
BY
4T - 4z 00
PRESIDENT
BY ?11Z1L AUTHORIZED SIGNATORY LIFO
\iu1, (... 1
ORDER NO 160124-M
I FW
SCHEDULE A
PROPERTY OWNER'S NOTICE GUARANTEE -
LIABILITY $200.00
I. NAME OF ASSURED: THE CITY OF CARLSBAD
2. DATE OF GUARANTEE: 06-28-02
THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE:
THAT, ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL ("ASSESSMENT ROLL") IN
THE OFFICE OF SAN DIEGO COUNTY ASSESSOR'S OFFICE
THE PERSONS LISTED BELOW AS "ASSESSED OWNER" ARE SHOWN ON THE
ASSESSMENT ROLL AS OWNING REAL PROPERTY WITHIN 300 FEET OF THE
LAND IDENTIFIED ON THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL
NUMBER(S):
168-050-48
THE ASSESSOR'S PARCEL NUMBER (APN) AND ANY ADDRESSES SHOWN
BELOW ARE AS SHOWN ON THE ASSESSMENT ROLL
Form No. 14 Order Number: DIV-616160
CLTA Subdivision Guarantee (4-10-75) Page Number: 1
SUBDIVISION GUARANTEE
Fee: $100.00 Subdivision: Carlsbad Minor Subdivision No. MS
02-10 Robertson Ranch
First American Title Insurance Company,
a California corporation
GUARANTEES
The County of San Diego and any City within which said subdivision is located in a sum not exceeding
$1,000.00.
That, according to those public records which, under the recording laws, impart constructive notice of
matters affecting the title to the land included within the exterior boundary shown on the map of the
above referenced subdivision, the only parties having any record title interest in said land whose
signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates
consenting to the recordation of said map and offering for dedication any streets, roads, avenues and
other easements offered for dedication by said map are:
Calavera Hills II, LLC, a California limited liability company, as Owner
First American Title Insurance Company, as Trustee under Deed of Trust recorded November 30, 2001 as
instrument no. 2001-0876729 of Official Records.
The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3)
(A) (I) of the Subdivision Map Act. Their interest is such that it cannot ripen into Fee Title and said
signature is not required by the Governing body:
Oceanside Mutual Water Company, holder of an easement recorded July 11, 1930 in Book 1796, page
142 of Deeds.
The County of San Diego, holder of easements recorded June 12, 1936 in Book 521, page 230, March 12,
1970 as instrument no. 44687, both of Official Records.
William S. Kelly also known as W.S. Kelly and Lavinia J. Kelly, holders of an easement recorded March 31,
1945 in Book 1843, page 398 of Official Records
San Diego Gas and Electric Company, holder of easement recorded October 20, 1948 in Book 2988, page
458 of Official Records.
>
George and Edwina Tarry, holders of an easement recorded September 10, 1957 in Book 6740, page 102
of Official Records.
Lido Land Company, holder of an easement recorded April 1, 1958 in Book 7016, page 536 of Official
Records.
First American Title Company 0
Form No. 14 Order Number: DIV-616160
CLTA Subdivision Guarantee (4-10-75) Page Number: 2
Carlsbad Municipal Water District, holder of easements recorded January 4, 1963 as instrument no. 1852;
December 11, 1998 as instrument no. 1998-0805494, both of Official Records.
The City of Carlsbad, holder of easements recorded December 11, 1998 as instrument no. 1998-0805493;
November 25, 2003 as instrument no. 2003-1414299; November 25, 2003 as instrument no. 2003-
1414301; November 25, 2003 as instrument no. 2003-1414303; June 23, 2004 as instrument no. 2004-
0586673, all of Official Records.
Rancho Carlsbad Owners' Association, Inc., holder of an easement recorded January 11, 2005 as
instrument no. 2005-0027023 of Official Records.
The map hereinbefore referred to is a subdivision of:
That portion of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, described as follows:
Beginning at the Southwest corner of Record of Survey 16661, being also the Southeast corner of CI 76-
12 per Map 9935 filed in the Office of the County Recorder of said County on July 14, 2000 and
December 16, 1980 respectively; Thence, along the Southerly Line of said Record of Survey South 89
degrees 25'37" East 1950.97 feet to the True Point of Beginning; Thence continuing along the Southerly
and Easterly Line of said Record of Survey South 89 degrees 25'37" East 129.11 feet, North 13 degrees
44'27" East 781.66 feet, North 21 degrees 34'15" East 189.90 feet, North 14 degrees 47'00" East 160.15
feet, North 11 degrees 3422" East 65.17 feet, North 7 degrees 12'14" East 135.30 feet, North 14 degrees
4508" East 57.12 feet, North 20 degrees 50'34" East 126.05 feet, North 9 degrees 43'14" East 112.86
feet, North 1 degrees 15' 18" East 150.28 feet, South 89 degrees 37'14" East 355.61 feet to a point of
Record of Survey 14818 filed in the Office of the County Recorder on March 16, 1995; Thence, leaving
said Record of Survey 16661 and continuing Southerly along the West Line of Record of Survey 14818,
South 1 degrees 15'25" East 304.47 feet (South 1 degrees 11'30" East 305.18' R), South 18 degrees
25'38" East, 694.08 feet (South 18 degrees 19'26" East 694.27' R), Thence, leaving said Record of Survey
14818 and continuing Southerly along the West Line of that 363.14 acres Parcel as shown on Record of
Survey 6616 filed in the Office of the County Recorder of said County on November 4, 1965; Thence,
South 1 degrees 05'41" west 1271.23 feet (South 1 degrees 12'02" West 1271.40' R), South 4 degrees
13'22" West 963.76 feet (South 4 degrees 2050" West 963.88' R), South 51 degrees 39'15" West
1165.94 feet (South 51 degrees 4748" West 1165.49' R), South 48 degrees 19'13" West 404.31 feet
(South 48 degrees 19'29" West 404.15' R), South 65 degrees 09'20" West 386.97 feet (South 65 degrees
1432" West 387.06' R), North 77 degrees 55'34" West 635.12 feet (North 77 degrees 4820" West
635.06'R), South 65 degrees 35'13" West 494.30 feet (South 65 degrees 42'27" West 494.30' R), South
39 degrees 37'39" West 339.77 feet (South 39 degrees 44'53" West 339.77' R), South 30 degrees 38'52"
West 266.73 feet (South 30 degrees 46'06" West 331.55' to the centerline of RS 682 R) to a point in a
line that is parallel to and 63.00 feet Northerly of the centerline of County Road Survey No. 1800-1
(known as El Camino Real) according to Official Plat thereof on file in the Office if the County Engineer of
San Diego County; Thence, Westerly along said Northerly Line, North 66 degrees 4210" West 13.53 feet;
Thence, South 23 degrees 1750" West 18.00 feet along the radial line of a curve concave to the North
and having a radius of 6,855.31 feet, said point being also on the North Line of that 90 foot wide strip of
land shown on Road Survey No. 1800-1; Thence, Westerly along said North Line, and curve through a
central angle of 2 degrees 10'51" 260.94 feet; Thence, leaving said North Line, North 32 degrees 4407"
East 16.78 feet, South 82 degrees 4822" East 72.17 feet, North 23 degrees 3132" East 109.80 feet,
North 25 degrees 3831" East 100.08 feet, North 29 degrees 0738" East 77.37 feet, North 31 degrees
48'12" East 60.19 feet, North 42 degrees 2717" East 23.56 feet, North 37 degrees 4623" East 139.56
feet, North 24 degrees 02'16" East 40.09 feet, North 46 degrees 3258" East 281.65 feet, North 53
First Amer/can Title Company
Form No. 14 Order Number: DIV-616160
CLTA Subdivision Guarantee (4-10-75) Page Number: 3
degrees 49'59" East 241.03 feet, North 67 degrees 15'16" East 15.60 feet, South 4 degrees 56'41" East
44.65 feet to a point on a curve concave to the South and having a radius of 1451.00 feet, a radial line to
said curve bears South 28 degrees 58t39!1 East; Thence, Northeasterly along said curve 519.94 feet
through a central angle of 20 degrees 31'52"; Thence, tangent to said curve North 81 degrees 33'13"
East 648.89 feet to a tangent curve concave to the North and having a radius of 1349.00 feet; Thence,
Easterly along said curve 666.28 feet through a central angle of 28 degrees 1756"; Thence, tangent to
said curve North 53 degrees 15'17" East 461.71 feet to a tangent curve concave to the North and having
a radius of 990.00 feet; Thence, Northeasterly along said curve 32.06 feet through a central angle of 1
degrees 51'19"; Thence, tangent to said curve North 51 degrees 23'58" East 60.28 feet to a tangent
curve concave to the South and having a radius of 1010.00 feet; Thence, Northeasterly along said curve
32.70 feet through a central angle of 1 degrees 51'19"; Thence, tangent to said curve North 53 degrees
15'17" East 336.29 feet to a tangent curve concave to the West and having a radius of 25.00 feet;
Thence, Northerly along said curve 39.80 feet through a central angle of 91 degrees 12'49"; Thence,
tangent to said curve North 37 degrees 5732" West 300.00 feet to a tangent curve concave to the East
and having a radius of 210.00 feet; Thence, Northerly along said curve 20.92 feet through a central angle
of 5 degrees 42'26"; thence tangent to said curve North 32 degrees 15'06" West 80.62 feet to a tangent
curve concave to the West and having a radius of 190.00 feet; Thence, Northerly along said curve 18.93
feet through a central angle of 5 degrees 42'26; Thence, tangent to said curve North 37 degrees 57'32"
West 310.22 feet to a tangent curve concave to the Southwest and having a radius of 1349.00 feet;
Thence, Northwesterly along said curve 288.52 feet through a central angle of 12 degrees 15'16";
Thence, tangent to said curve North 50 degrees 12'48" West 100.00 feet to a tangent curve concave to
the Northeast and having a radius of 1451.00 feet; Thence Northwesterly along said curve 480.31 feet
through a central angle of 18 degrees 57'58" to a point in the South Line of said Record of Survey 16661,
said point being the True Point of Beginning, a radial line to said curve at the True Point of Beginning
bears South 58 degrees 45'10" West.
Said land being described as Parcel 3 on Certificate of Compliance recorded November 28, 2001 as File
No. 2001-0865066 of Official Records.
Dated: April 27, 2005 at 7:30 A.M.
FirstAmefican Title Insurance Company
C2 4
44
First American Title Company
Form No. 14 Order Number: DIV-616160
CLTA Subdivision Guarantee (4-10-75) Page Number: 4
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of
the taxing authority or by the public records.
(1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title
to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in
the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such
land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such
property, rights or easements are expressly and specifically set forth in said description.
Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
the Assured': the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
land': the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property.
The term 'land does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
"mortgage": mortgage, deed of trust, trust deed, or other security instrument.
'public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
"date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or
matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in
(b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to
establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under
the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action Mich allege matters
not covered by this Guarantee.
Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an
adverse judgment or order.
In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give
the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated he-em, or to establish the
lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to
the Assured under the Guarantee shall terminate.
S. Proof of Loss Damage.
First American Title Company
Form No. 14 Order Number: DXV-616160
CLTA Subdivision Guarantee (4-10-75) Page Number: 5
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss
or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate.
In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks,
correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as
confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably
requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured
within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a
mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing
thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the
Company for cancellation.
To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with
any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which
the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions
From Coverage of This Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
the amount of liability stated in Schedule A or in Part 2;
the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this
Guarantee occurs, together with interest thereon; or
the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defect, lien or encumbrance Assured against by this Guarantee.
S. Limitation of Liability.
If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein.
The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit
without the prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss.
No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any
act of the Assured claimant.
First American Title Company
Form No. 14 Order Number: DIV-616160
CLTA Subdivision Guarantee (4-10-75) Page Number: 6
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in
respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or
the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys fees only if
the laws of the state in which the land is located permits a court to award attorneys fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract
This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured
and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company.
14. Notices, Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ana, California, 92707.
First Amer/can Title Company
RE V T'I £1.)
MAY 02 2005
ENGINEERING
DEPARTMENT
n