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1955-60701 ~,AGE · o .o ..... " ~ucinitas Fire Protection ESCROW NO. ~86-322~ District c/o R. T,. B3~ck~n~taf£ S~ / Bsnk of America NT&SA P. 0. 63? Encinitas, Calif, INDMDUAL FOR A VALUABLE CONSIDERATION, race/pt o~ wh/ch/s hereby acknowledged, -~--~l'ia----L- ---D-o'L!!~--o-~,-.~n. un,~_~ried..~am~ .................................................. ............................................................................................................................................................ ~--t-a--~-~-.9-~f-.-Q-a-3./~f~A~_.]~_9~t. ed..in..Sa.o..Dieg~..fio u n~ .................................................................................. all that real property situated in the ......................................................... County State of California, described as follows: Lots 15 and 16 in Block 4 of Encinitas, in the County of San Diego~ State of California~ according to Map thereof No, 148~ filed in the office of the County Recorder of said San Diego County~ June 2~ 1883, STATE OF CAI~FORNL~ COUN~ OF S~ Die~ ss ~ ~ ~ (FOR ~ ~EK'S USB ONLY) On April 15 . 195f bdore me, the % ~ unde~ed, aNo~ryPublicinand/or~a ~un ~o~Q ~ME~ N~ .... . ~ ~CO~ED AT ~ . ~ U~N ll~E INSURANCE & TRUSt o MAY 10 1955 known to me ,o be the ~rson__ whose n=e ~, ..~]"';,~ :=' atS:00 A.M. ~ubs~ibed to the wi&in instrum~t and a&nowled~ed w me ~hat ~e executed the s~e. ' F']' ' ,' ." '" SCHEDULE A _ .~ ~v~ ~_, ;; ot :~,: O0 o clock, a. m., the title to the Iond described m SCHEDULE C is vested in: z~nc_!n~tas Fire ProtectSon D~str~c,~ a pub!~c f~re protect_-' on district of the btaLe of California SCHEDULE B This policy does not insure ogoinst loss by reason of the m~lters shown or referred to in this Schedule except to the extent that the owner ot any mort~o~e or deed of trust shown in Part Two is expressly, insured in P~roFaphs num- bered ~ and 5 on pa~e 1 of this policy. PART ONE: This part of SCHEDUL~ B refers to matters which, if any such exist, may affect the title to sold I~nd, but which ore not shown in this policy: 1. Toxes or assessments which are not shown as existing liens by the records of any ta×in~ ogenc)' or b~ the public records; ond easements, liens, or encumbrances which are not shown by the gublic records. L I~ights or cloims of persons in possession of said land which are not shown by the public records. 'L Any focts, rights, interests, or cloims which are not shown by the public records, but which could be ascertained by an inspection of said Iond, or hy.mohing inquiry of ~ersons in possession thereof or by a correct survey. 4. Mining olaims, reservations in patents, water rights, cloims or title to water. 5. Any bws, governmental acts or regulations, including but not limited to zoning ordinonces, restrict- lng,regulating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or areo, or separotion in ownership, of any lot or parcel of land; or the effect of any violation of any such restrictions, regulotinns or prohibitions. PART TWO: This part of SCHEDULE B shows liens, encumbrances, defects and other matters affecting the title to said land or fo which said title is subject: 1 County t~es for the fiscal y:~ar 12p2-;6; now a lien~ payable in November. 2. Second installment Cowry,taxes for t~e CJscal year 3. San D~egu~to Irr=satzon Dzstrict tayes for the ~ r 1;,~6 now ~ lien~ payable in ~fovember~ o~' SAN DIEGO 12 CALIFORNIA mw- o~,~er s ~6711 3 ro.M 8=8 ,f-5,* [CLTA STANDARD OR [XTENDFD COVERA6E) SCHEDULE B, PART TWO--Confinued b. Second installment San D~eg>uito Irrigation District taxes for the year 1~ no~.,~ due and payable. Any ta:~es~ assess~_ents or matters relative to Enci- nitas Sanitary District~ or any sub-d~str~ct created ~thin the boundaries thereof~ ~mtess s~_ch matters have become of Dublic record in the County Records of San Diego Co~ty. Such ta:~es an~ assessments are collected at same t~me and in sa~e manner as Co~nty ta~es. 6. Bond :'~os. 32 and ~a ~ ~ oe~zes 12[~- ~ssue~ upon as assessmant '~4.00 eaeh on~-~en~ ~he~ao~ pa;ra~e October 3.~ 19~3~ together ~rith interest at s~ per cent per ann~ payable semi-annu~l]y~ all installr~ents of Princ:]nal_ have been pa~~ to and' ' ~nc!ud~n?~ January 2 1_~"~2.. Interest hss been paid to and SAN DIEGO 12 CALIFORNIA x,c ~lI h SCHEDULE C Description of land, title to which is insured by this policy: ~,oos 1[ and 16 :in Block LI oz~ ~,mc~nntas~' ' :in trle' Coq.tory of San Dieso~ State of Ca!ifornia~ according to Nap thereof ~.o. 1>+8~ ~l].eo in the oTfice of ~' = ~ ~ecorder of Dieso Co~ty~ oune 12~ !onj. Union Title ~.~ Trns~ ~pany FORM ~ ,,-54 CALIFORNIA LANE T~fLE AS$OCATON STANDARD, EASEMENT UNION TITLE INSURANCE OR EXTENDED COVERAGE POLICY fORM COPYRIGHY 1938 AND 7RUST COMPANY STIPULATIONS 1. SCOPE OF COVENAGE shall be subrogated to and be engined to ail costs in all, the aclual loss of the insured and cosls This policy does not insure against, and the Com. and attorneys' fees incurred or expended by ~he which the Companies are obligated hereunder to ponies will no~ be liable for loss or damage cra. Companies which may be recoverable by the insured pay, and in no case shall such total liability ex ated by or arising our gL any of the following: in any litigation carried on by the Companies on be. teed the amount of this policy and said costs. Ail Lei defects, liens, claims, encumbrances, or other mat. half of the insured. The word "knowledge" in this payments under this policy shall reduce the amount created or suffered by the insured claimin0 such loss E. NOTICE OF LOSS. LIMITATION OF ACTION men[ may be demanded by any insured without pro. brances, or other mateers existing al lhe date ol which it is claimed the Companies are liable under this policy and known to the insured claiming such this policy shall be furnished to the Companies within E. MANNER OF PAYMENT OF LOSS TO INSURED loss or damage, either at the date of th~s policy or sixty days after such loss or damage shall have Loss under this policy shah be payable, first, to or interest insured by Phis policy, unless such detecL recovery ot any such ~oss or damage shall be in- gage or deed of trust shown in Schedule B, in been disclosed to the Companies in writing prior to al~er full compliance by the insured wi~h all the ship vests in more than one, paymen~ shaU be the issuance gl ~his policy or appeared aL the date conditions imposed on the insured by this policL nor made ratably as their respective interests may ap- shall be equally available against any person or 4. OPTION TO PAY. SETTLE, ON COMPROMISE CLAIMS such insured ratably as their respective interests may as successor of such named insured. The Companies reserve the option to pay, setup, or edness, any loss shall be payable to the insured, compromise for, ot in the name ot, the insured, and if more ~han one, Io such insured ratably as 2. DEFENSE Of ACTIONS. NOTICE OF ACTIONS ON any claim insured against or lo pay this policy in their respective interests may appear. CLAIMS TO IE GIVEN BY THE INSUIEU lull al any time, and payment or tender of payment The Companies at their own cost shall detend the of ~he full amount of ~his policy, together wilh all g. UEFINITION OF TERMS insured in all Ntigation consisting of actions or accrued costs which the Companies are obligated The following terms when used in this policy proceedings against the insured, or delenses, re- hereunder to pay, shall terminate aU liability gl mean: straining orders, or injunctions interposed against a the Companies hereunder, including all obligations (al "named insured": the persons and corpora. foreclosure or sale ot said land in satisfaction of of the Companies with tespect ID any litigation pond. tigris named as insured on page one of ~his policy; any indebtedness, the owner ot which is insured by ing and subsequent costs thereof, lb} "the insured": such named insured Iogether ~his policy, which litigation is founded upon a de. S. SUDOOGATIO# UPON PAYMENT OH SETTLEMENT with (1) each successor in ownership ot any in. against hy this policy, and may pursue such litigation Whenever the Companies shal~ have settled a claim [tusl shown in Schedule B, the owner gL which in- to final determination in the court of last resort, under this policy, they shall be subroga~ed to and debtedness is named herein as a~ insured, [21 any In case any such litigation shall become known to be entiYled ~o all riEhts, securities, and remedies such owner or successor in ownership of any such any insured, or in case knowledge shall come to which the insured would have had against any per. indebtedness who acquires the land described in any insured of any claim of title or interest which son or property in respect to such claim, had this Schedule C or any part thereof, by lawful means in is adverse fo the title as insured or which might policy not been issued. If ~he payment does not cover satisfaction of said indebtedness or any part there- cause loss or damage for which the Companies shall the loss of the insured, the Companies shall be of, (3) any governmental agency or instrumentality or may be liable by virtue of this policy, such in. subroga/ed to such rights, securities, and remedies acquiring said land under an insurance contracl or outed shall notify the Companies thereof in writing, in the proportion which said payment bears to the guarantee insuring or guaranteeing said indebted. If such notice shall not be given to the Companies amount of said loss. In either event the insured ness or any part thereof, and [41 any person or such litigation, or if such insured shall not, in Companies such rights, securities, and remedies, land as an heir or devisee of a named insured or writing, promptly notify the Companies of any de- and shall permit the Companies to use the name of by reason of the dissolution, merger, or consolida. against, or ot any such adverse claim which shall such rights, securities, or remedies. (cl "land": the land described specifically or by come to the knowledge of such insured, in respecl reterence in Schedule C and improvements atfixed to which loss or damage is apprehended, then all &. OPTION TO PAY INSURED OWNER OF INUEDTEU. thereto which bp law constitute real property. liability of the Companies as lo each insured having NESS ANU DECOME OWNER OV SECURITY (d) "date": the exact day, hour and minute such knowledge shall cease and terminate; provided, The Companies have ~he right and option, in case specified in the first line of Schedule A (unless however, that failure to so notify the Companies any loss is claimed under this policy by an insured the context clearly requires a differenY meaningS; shall in no case prejudice the claim ot any insured owner gL an indebtedness secured by mortgage or (e) "taxing agency'*: the S~ate and each county. unless the Companies shall be actually prejudiced deed gl ~rusY, Yo pay such insured the indebtedness city and counYy, city and districl in which said land or do any o~her act which, in their opinion, may be Companies are obligated hereunder to pay, in which (fl "public records": those public records which. insured lien or charge, as insured. In all cases such insured shall at once assign and transter to of matters rela~ing to said land. where thi~ policy permits or requires the Companies the Companies, said mortgage or deed of trust and to prosecute or delend any action or proceeding, Ihe the indebtedness thereby secured, and such payment 10. WRITTEN INDORSEMENT REQUIUEO TO CHANGE ;nsured shall secure to them in writing the right to shall terminate all liability under this policy rD POLICY their option, the name of the insured for such pur. Y. PAYMENT OF LOSS ANU COSTS OF LITIGATION. or attached hereto signed by the President, a Vice pose. Whenever requested by ~he Companies the in. INDORSEMENT OF PAYMENT ON POLICY President, the Secretary, or an Assislanr Eecretary sured shall assist the Companies in any such action The Companies will pay, in addition to any loss in. of each ot the Companies. or proceeding, in elfecting seUlement, securing evi. sured against by this policy, all costs imposed upon dance, obtaining witnesses, prosecuting or defending the insured in litigatlon carried on by the Com. 11. NOTICES. WNERE SENT panieSr and the Companies shall reimburse the ~n. Companies, bu~ nor otherwise. The liability of the the Companies shall be addressed to them at 1028 P L A 1 showin~ location of rile land de_scribed in the attached policy. is assumed by this company as to the accuracy thereof. UNION TITLE!! iNSURANCE COMPANY April',29,' 1960 Map 1680 Lot "A"~ Block 2 Fire department to Gregory Ms. Mae R. Perry 910 South Highway ~O1 Encinitas~ California Dear Ms. Perry: These descriptions and plats are enclosed as per your request. In placing an order~ please make reference to "Engineer's Description" as stated above. Should there be any questions~ or if we can be of any further assistance~ please call upon us. Sincerely~ Robert E. Silvers Engineering Department RES/mp Enclosures MEF&BER: A~[RICAH TITLE ASSOCIATION plat ~s not a sur~cy ol the land a~d ,s tum/~h{d for informaHon only It ~s cumpiKd t~om dat,t ,~b, tain, [ frm~ r('l ablesourtes b t noliab ty s~sumcdbythis~ompanyastuthe at,unity I ~ D F / Order No. 89816~P 912 .o. - ____ 86].002676 Loan ~o. E~COF{OEO WHE~ RECORDED MAIL TO: I~E JAN -3 ~ 12:58 415-2nd I C~NTY RECORD[R, I Encini~s, ~lifo~ia 92024 NO FEE MAIL TAX STATEMENTS TO: 0 NO CONSIDERATION DOCUMENTARY TRANSFER TAX ~..~...~.. ...................................... ...... Computed on the consideration or value of property conveyed; OR ...... Comput on the co $ideration or v liens or encumbrances GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to ~CINITAS FIRE PROTECTION DISTRZC~ the real property in the ~]~// County of SAN DIEG~ , State of California, described as That portion of Lot 239 of SU~4ERFIET.D ENCINITAS UNIT NO. 6, in the County of San Diego, State of California, according to Map thereof No. 8098, filed in the Office of the County Recorder of San Diego County, April 9, 1975, lying East of the Northerly prolongation of the West Sideline of Berchview Drive (56.00 feet wide) as shown on said Map No. 8098. AN EASEMENT FOR INGRESS AND EGRESS FOR FIRE FIGHTING VEHICLES ONLY OVER A 1:00 FOOT WIDE STRIP OF LAND AS DESCRIBED ABOVE. Dated Mav 16, 1985 . __ evidence) to ~ the person(s) whose name(s) is/are su~cribed to the '~ [}~ ~A~ PUB~ - ~h ~ WITNESS my h n ~cial seal. Signature ~/~~~ (This area for official notarial s.i) 1002 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE DEED OR GRANT DATED MAY 16, 1985, FROM JOHN S. SMEKEL TO ENCINITAS FIRE PROTECTION DIST~!CT, A POLITICAL CORPORATION AND/OR GOVERNMENTAL AGENCY IS HEREBY ACCEPTED AND THE GRANTEE CONSENTS TO RECORDATION THEREOF BY Escrow .o. ~98160P Loan No. WHEN RECORDED MAIL TO: 1986 JA~I -3 P~ t2:58 415 - 2nd ~,NT ~cinitas, ~lifo~ia 92024 NO MAIL lAX STAIEMENIS TO: ~E~ARY ~FE~ T~ ~ -0- NO ~nsid~a~on mai inga imeof - GRANT DEED FO~ A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ~a O~e, a hereby GflANT(S) ~o the real property in th~/C/~//f County of Sail DiE. jo , State of California, described as That portion of Lot 238 of SL~4EP~IW.T.n ENCINITAS UNIT NO 6, in the County of San Diego, State of California, according to Map thereof No. 8098, filed in the Office of the County Recorder of San Diego County, April 9, 1975, lying West of the Northerly prolongation of the East sideline of Birchview Drive (56.00 feet wide) as shown on said Map No. 8098. AN EASemENT FOR INGRESS AND EGRESS FOR FIRE FIGHTING VEHICLES ONLY OVER A 1.00 FOOT WIDE STRIP OF LAND AS DESCP~IBED ABOVE. STATE OF CALl .ORNIA )ss. o. ~ .~-"/ 3- ~, I~. before me, the undersigned, a Nota~ Public in and for said State, per- sonally appeared ~ ~ ~.~ evidence) to ~ the pe~on(s) wh~e name(s) Is/are su~cri~d to the within instrument and acknowledged to me that he/she/they executed % ;~;; 'TA: 1002 (6,82) STATEMENTS AS DIRECTED ABOVE THIS IS TO CEKTIFY THAT THE IN'~'~EST IN REAL PROPERTY CONVEYED BY THE DR~D OR GRANT Dkl'~3 MAY 21, 1985, FROM BARBARA OHRE TO ENCINITAS FIRE PROTECTION DISTRICT, A POLITICAL CORI~ORATION AND/OR GOVEI~'~4ENTAL AGENCY IS HEREBY ACCEPI'~3 AND THE GRANT~ CONSENTS TO R~CORDATION THEREOF BY ITS DULY AUTHOP~IZ~ OFFICER. 1479 Notice of Completion NOTICE is hereby given that: 1. A work of improvement on the hereinafter described property was actually COMPLETED on the ............ .~'/~.~ ........... · ffoueaber , 9...... 6.0 day ct ....... . ....................... 2. The name of the CONTRACTOR, if any, for such work of improvement as a whole s B~:Pd Broao ~o~ 3. The kind of work done or materials furnished was ~ncr~e Bloc~ ~nd ~o od 4. The property on which said work of improvemen[ was completed is in the City of ................... ~m.m ......................... . ~an D~e Count~ of .................................~ .............................. S)ate of California· and is described as follows: Lot ~" ~n Block 2 o~: Oard~ Acres. ~ecord~n t . , ............................................................................................................. ~ P ~ ...................... thereo~ ......... 1/o, .......... 1680 ~led ~n the g~ce o~ the CountU Recorder o~ ~a~ Di¢.~ ~. I~e FUJI S~NE of the o~ner ~ho cause~ [he ~ork of improvemem to 5e ma~e s. Eno ¢n itas Fire Protect ion con~rad of purchase," or "lessee.") .... r Mb In 8. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, who hold such interest or estate with such owner as JOINT TENANTS or as TENANTS IN CO~ON are: 9 Thcs eetaddresso sadpropert s ~ Ill no~,~,~f address has b~"~iii'ci~'il~"~i~;~J'~'i~;~o'~;;')' ............................... State of California J ~~. %eh recorded, this instrument is to be mailed being first duly~deposes and say);~..~:~: is the ~C in ita~ Fire Protect ion owner of the property describe foregoing notice, t~at ......... lhere~nheS readstatedthe s~me,tru~/and kno~rents~thereof~ and tha~the facts,~ .......................................................................................................................... ~15 ~nd St.~ ~ ~n ~tas~ Col ~. .................. ~... /~ubscribed and sworn ~o ~fore me ~his......~ ........... 5PAC~ BELOW FOR RECOROER'5 US~ ONLY State ,of California ~G 774 S S. FILE/PAGE NO ............. REOORg[D AT REQUEST OF ;: That he is an officer, to wit, "~'-:-~-~-~--~'~ property described in the within S~RI~, ~ ~ ~ ~ ~i~ corporation; )her he has read [he ~. Subscribe to before me Ibis_ ..10 ........ < ~ "' ~oTemb. e~ ...... 19..60 FORM R/W-1 ACCT. DIST. COUtlTY ROUTE SEC1108 ALLOT. ...................................... California xx aD a A llVllm 8(a) S atio _ ..... to i S? DISTBI~T __ __~t,~/P._t ............... Side of Highway. RIGHT OF WAY CONTRACT~TATE HIGH~AY Document No._ _9~}!~ ............. in the form of a_______~(~_~__~)~_tl[~ ................................................ , covering the following described property: A portion of Lot "A", Block 2 of Cardiff Acres, as more particularly described in Grant Deed No. 9168, h~ been executed md de~vered to RALPH ¢. BROW~N ~t of W~ Agar of the Sta~ of C~fomla. ~ consecration of which, md tbe other consi~rations hereMafter set £or~, it ~ mutu~ly agreed as/ollowa: 1. The p~ties have herein ~t forth ~e whole of t4~ agreement. The perform~ce of this agreemmt cons~mte$ the ent~. consideration for sa~ document md s~R ~ve the Sta~ of all f~th~ oblation or claims on this account, or on account of the Bcat~n, grade or construction of the pro~sed pubic improvement. 2. The Sta~ ~ffi: OO for the property as conveyed by Grant Deed No. 916~ within sixty (60) days after date title to said property vests in, or is in escrow for, the State free and clear of all liens,,encumbrances, assessments, easements and leases (recorded and/or unrecorded~, except: 1. Taxes for the Fiscal Year in which this escrow closes shall be cleared and paid in the manner required by ~ection ~R86 of the Revenue and Taxation Code. (As used above, the te~m "grantor" shall include the plural as well as the singular number). I~¢ Wrm~ss WHEreOF, the parties have executed this agreement the day and year first above written. ? Kecommended/or Approval, STATE OF CALIFOKNIA Kecommended for Approval, By ............................................. B~ No Obligation Other ~ Those Set Forth Here~ Will Be ~eco~ized DIVISION OF HIGHWAYS DISTRICT Xl October 18, 1961 XI-SD-2-A R/W 9168 Encinitas Local Fire District 186T MacKinnon Avenue Cardiff, California Gentlemen: The Right of Way Contract signed by you, covering your right of way transaction with the State of California, has now been approved and an executed copy is being returned to you for your files. We appreciate your cooperation in this matter. ~V~ tr~ y0t:s Encl. ~ Right of Way Agent ~. ~,n-delinquent t,A...~B ~ assessments of the · m DAel~tt~ Z~r~at~c~ Dis~Aot, if arQ'. IN WITNESS WHEILEOF, the parties have executed this agreement the day and year first above written. MN~INITa$ LOCAL FIRi DI2$TRIG ' / a ol ' · ~ g · . i i o lvi~ ~cimitas. Gardiff amd Leuc,ad~ ~~ ;).~,o~ Recommej~d for Approval, ~. STATE OF CALIFORNIA 820 ~.o,~8 vs-~Owners-6~ '~6-1 CALIFORNIA LAND TITL ~ClATION STANDARD COVERAGE POLICY FORH COPYRIGHT 1950 Policy of Title Insurance UNION TITLE INSURANCE COMPANY SAN DIEGO 12, CAlifORNIA Title Insurance and Trust Company LOS ANGELES 54, CALIFORNIA (HEREIN CALLED THE COMPANIES) FO~ A VALUABLE CONSIDE~ATIOH, PAID FO~ THIS POLICY OF TITLE INSURANCE, THE NUMBER, DATE, Al, ID AMOUNT OF WHICH ARE SHOWN IH SCHEDULE A, do hereby insure the parties named as Insured in Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A, which the insured shall sustain by reason of: 1. Title lo the land described in SCHEDULE C being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in SCHEDULE B; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in SCHEDULE B; or 4. Any defect in the execution of any mortgage or deed of trust shown in SCHEDULE B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or S. Priority, at the date hereof, over any such mortgage or deed of trust, of an)' lien or encumbrance upon said land, except as shown in SCHEDULE D such mortgage or deed of trust being shown in the order of its priority in PART TWO of SCHEDULE D; all subj"ct, however, to SCHEDULES A, B, and C and the STIPULATIONS herein, afl of which schedules and stipulations are hereby made a part of this policy. IN WITNESS WHEREOF, each of the Companies has caused its corporate name and seal to be hereunto affixed by its duly author- ized officers, the day and hour set forth in SCHEDULE A hereof. TITLE INSURANCE AND TRUST COMPANY UNION TITLE INSURAHCE COMPANY ~zJERNEST"J. LOEBBECK~E, President F.G. FORWARU, President CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM COPYRIGHT 1950 ...... ,9 vs-682036-3 ICLTA STANDARD COVERAGEI SCHEDULE B--Continued PART TWO: This part of SCHEDULE B shows liens, encumbrances, defects, and other matters affecti,ng the title to said land or to which said title is subject: 1. County taxes for the fiscal year 1959-60~ now a lien~ payable in November. 2. Any taxes or assessments levied upon the herein described property to pay its portion of the maintenance of the Cardiff Public Highway Lighting District. Such taxes and assessments are included in and made a part of the County taxes. 3. Bond No. 715 Series 165 issued January 2, 1959 upon an assessment for constructing sewers~ Area 30. Original amount of Bond $370.90~ one-tenth thereof payable annually together with interest at six per cent per annum~ payable semi-annually. No installment of principal has been paid. Interest has been paid to and including July 2~ 1959. Irrigation District taxes for the year 1960~ levied by San Dieguito Irrigation District~ now a lien~ payable in November, 1959. 5- The recital contained on the Map of said land which agrees to allow the cross-arms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 6. Conditions and restrictions set forth in a Declaration of Restrictions~ executed by Union Title Insurance and Trust Company and recorded in Book 1241~ page 200 of Official Records. Said conditions and restrictions contain no subordination clause. The conditions and restrictions referred to above do not include restrictions upon the sale or occupancy of said land on the basis of race~ color or creed. 7. An easement for a line of poles and wires for the transmission and distribution of electricity and incidental purposes~ as granted to San Diego Gas & Electric Company~ by Deed recorded January 18~ 1957 in Book 6423~ page 525 of Official Records. The route thereof across said land shall be as follows: Beginning at a point on the Easterly line of said Lot "A"~ said point being also on the ~esterly line of said Lot "S": distant thereon 11.63 feet Northerly from the Southeast corner of said Lot'%"; thence from said point of beginning North 74°20~ West 69.~1 feet. ~ INSURANCE COMPANY UNION TITLE 3 ~-oR~ ~,,8 .-54'V,~-68201 [CLE,& STANDARO OR EXTENDED COVERAGEI 5CflEDULE B, PART TWO-Continued North 74°20' West 69.41 feet. It is also understood and agreed by the parties hereto that the right of way herein conveyed shall be 12 feet in width~ being o feet measured at right angles on each side of the above described right of said line of poles and wires. It is also understood and agreed by the parties hereto that the Grantee may place, erect and maintain on the lands of the Grantor adjacent to the above described right of way such anchorage as may be necessary to properly guy the power pole line erected over said right of way. The Grantee is also hereby granted the right to trim any trees along or adjacent to said line of poles and wires whenever considered by it necessary for the proper operation and use of the rights hereby granted. UNION TITLE ~ INSURANCE COMPANY ..... "vs.-682036-5 (A~A ADDITIONAl COVERAGE EORMI (CLTA STANDARD OR EXTENDED COVERAGE) SCHEDULE C The land referred to in this policy is described as follows: Lot "A" in Block 2 of Cardiff Acres~ in the County of San Diego~ State of California, according to Map No. 1680: filed in the office of the County Recorder of said County~ December 9~ 1915. EXCEPTING therefrom the Easterly 56.00 feet thereof. ALSO EXCEPTING therefrom the Westerly ll. O0 feet of the Easterly 67.00 feet of the Northerly 20.00 feet thereof. NOTE: Said land lies within the boundaries of the San Dieguito Irrigation District. UNION TITLE ~ INSURANCE COMPANY 823 ?-sa C, MIA LAND TITLE ASSOCIATION STANDARD, EASEMENT UNION TITLE OR EXTENDED COVERAGE POLICY FORM, COPYRIGRT 1951 INSURANCE COMPANY STIPULATIONS 1. SCOPE Of COVERAUE shall be subrogared to and be enfftled to all costs Jn all, the actual loss af the insured and costs This policy does not insure against, and the Com. and a~torneys' fees incurred or expended by the which the Companies are obligated hereunder ~o ponies win not be liable for loss or damage cra- Companies which may be recoverable by the insured pay, and in no case shall such to~a~ liability, ex. aled bt or arising out of any of the following: in any litigation carried on by the Companies on be- teed the amount of this policy and said costs. All la) defects, liens, claims, encumbrances, or other half of the insured. The word "knowledge" in Ibis payments under this policy shall reduce the amount molters which resul~ in no pecuniary ~oss to the paragraph means actual hnowledge, and does no~ of the insurance pro torito, and payment of loss or insured; (bi defects, liens, encumbrances, or other refer to constructive knowledge or nolice which damage to an insured owner of indebtedness shall matters created or occurring subsequent to the date may be imputed by the public records, reduce, to that extent, the liability of the Com- hereot; {c) defects, liens, encumbrances, or other 3. NOTICE OF LOSS. LIMITATION OF ACTION ponies to the insured owner of said land. No pay- maUers created or suf[ered by the insured.claiming merit may be demanded by any insured without pro- such loss or damage; or (d) defects, liens, claims, A stalement in wrTting of any loss or damage for ducing this policy for indorsement of such payment. encumbrances, or other matters existing at the dale which it is claimed the Companies are liable under of Ihis policy and hnown to the insured claiming such this policy shall be furnished to the Companies within B. MANNER of PAYMENT OF LOSS TO INSONED loss or damage, either at the date of this policy or sixty days after such loss or damage shall have Loss under this policy shall be payable, first, to at the date such insured claimant acquired an estate been ascertained. No action or proceeding for the any insured owner of indebtedness secured by aort. or interest insured by this policy, unless such defect, recovery of any such loss or damage sha~l be in- gage or deed of trust shown in Schedule B, in Uen, claim, encumbrance or other matter shalt have stituted or mainlained against the Companies until order of priority therein shown, and if such owner- been disclosed to the Companies in writing prior to after full compliance by the insured with all the ship vests in more than one, payment shall be the issuance of this policy or appeared at lhe date conditions imposed on the insured by this policy, nor made ratably as their respective interests may ap- of this policy on the public records. Any rights or unless commenced within twelve months after receipt pear, and thereafter any loss shall be payable lo defenses of lhe Companies against a named insured by the Companies of such written statement, the other insured, and if more than one, then to such insured ratably as their respective interests may shall be equally available against any person or 4. OPTION TOPAY, SETTLE, ON COMPROMISE CLAIMS appear. If there be no such insured owner of in- corporation who shaU become an insured hereunder as successor of such named insured. The Companies reserve the option to pay, settle, or deb~edness, any loss shall be payable to the insured, compromise far, or in the name of, the insured, and if more than one, to such insured ratably as 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS OR any claim insured against or to pay this policy in their respective interests may appear. CLAIMS TO BE GIVEN BY THE INSURED full at any time, and payment or tender of payment The Companies ar their own cost shall defend the of the fun amount of th?s policy, logether with all 9. DEFINITION OF TERMS insured in all litigation consisting of actions or accrued costs which the Companies are obligated The following terms when used in Ibis policy proceedings against the insured, or defenses, re- hereunder to gay, shall lermina~e all liability of mean: straining orders, or iniunctions interposed againsl a the Companies hereunder, including all obligations (a) "named insured": lhe persons and corpora- foreclosure or sale of said land in satisfaction of of the Companies with respect to any litigation pond- lions named as insured in Schedule A of this policy; any indebtedness, the owner of which is insured by ing and subsequent costs thereof. {b) "the insured": such named insured logether this policy, which litigation is founded upon a de- with (1) each successor in ownership of any in- fect, lien. encumbrance, or other matter Tnsured 5. 5UDROGATION UPON PAYMENT OR SETTLEMENT debtedness secured by any mortgage or deed of against by lhis policy, and may pursue such litigation Whenever the Companies shah have settled a claim trust shown in Schedule B, the owner of which in- to final determinalion in lhe court of last resort, under this policy, they shall be subrogated Io and debledness is named herein as an insured, (2) any In case any such litigation shall become known to be entitled to all rights, securities, and remedies such owner or successor in ownership of any such any insured, or in case knowledge shall come to which the insured would have had againsl any per. indebtedness who acquires the land described in any insured of any claim of title or interest which son or property in respect to such claim, had this Schedule C or any part thereof, by lawful means in is adverse to the title as insured or which mighl policy nor been issued. If the payment does nol satisfaction of said indebtedness or any part Ihere- cause loss or damage for which the Companies shall cover the loss of the insured, the Companies shall of, 13) any governmental agency or inslrumentalily or may be liable by virtue of this policy, such in- be subrogaled to such rights, securities, and reme- acquiring said land under an insurance contract or sured shall notify the Companies thereof in writing, dies in the proportion which said payment bears to guarantee insuring or guaranteeing said indebled- II such notice shall not be given 1o the Companies the amount of said loss. In either event the in- ness or any part thereof, and (d) any person or at least two days before lhe appearance day in any sured shall transfer, or cause to be transferred, to corporation deriving an eslate or interesl Jn said such Urigation, or if such insured shall not, in the Companies such righls, securities, and remedies, land as an heir or devisee of a named insured or writing, promplly nolify the Companies of any de- and shall permi~ the Companies to use the name of by reason of the dissolution, merger, or consolida. feet, lien, encumbrance, or other matter insured the insured in any transaction or litigation involving lion of a corporate named insured; against, or of any such adverse claim which shall such rights, securities, or remedies, lc) "land": the land described specifically o~ by come to the knowledge of such insured, in resgec~ re[erence in Schedule C and improvements affixed to which Joss or damage is apprehended, then all A. OPTION TO PAY INSUNEO OWNER OF INDEBTED. thereto which by law constitute real property. liability of the Companies as to each insured having NESS AND BECOME OWNER Of SECURITY (d) "dale": the exact day. hour and minute such knowledge shaU cease and terminate; provided, The Companies have the r?ght and option, in case specified in the first line of Schedule A (unless however, that failure to so notify the Companies any toss is claimed under this policy by an insured lhe context clearly requires a differenl meaningl; shall in no case prejudice the claim of any insured owner of an indebtedness secured by mortgage or (e) "taxing agency": the State and each county, unless the Companies shall be actually prejudiced deed of trust, to pay such insured the indebtedness city and county, oily and district in which said laed by such failure. The Companies shall have the right of the mortgagor or ~rustor under said mortgage or some part thereof is situated that levies taxes or to institute and prosecute any action or proceeding or deed of trust, togelher with all costs which the assessments on real property; or do any other act which, in their opinion, may be CompanTes are obligated hereunder to pay, in which {fl "public records": those public records which, necessary or desirable to establish the title, or any case the Companies shall become lhe owner of, and under the recording laws, impart conslructive notice insured lien or charge, as insured. In all cases such insured shall at once assign and transfer to of mailers relating to said land. where this policy permits or requires the Companies the Companies, said mortgage or deed of ~rus~ and I0. WRITTEN INDORSEMENT REOUlREO TO CHANGE to prosecute or defend any action or proceeding, the the Tedebtedness thereby secured, and such payment insured shall secure to them in writing the right to shall terminate all liability under this poUcy to POLICY so prosecute or defend such action or proceeding, such insured. No provision or condition at this policy can be and all appeals therein, and permit them to use, at waived or changed except by writing indorsed hereon their option, the name of the insured for such put- 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. or atlached hereto signed by the President, a Vice pose. Whenever requested by the Companies the in- INDONSEMENT OF PAYMENT ON POLICY President, the Secretary, or an Assistant Secretary sured shatl assist the Companies in any such action The Companies will pay. in addition to any loss in- of each of the Companies. or proceeding, ~n effecting settlement, securing evi. sured agaTnst by this policy, all cos~s imposed upon dence, obtaining w~tnesses, prosecuting or defending the insured in litigation carried on by the Com- 11. NOTICES, WHERE SENT such action or proceeding, to such extent and in ponies for the insured, and in litigation carried on All notices required to be given the Companies and such manner as is deemed desirable by the Com- by the insured w~th the written authorization of the any statement in writing required to be furnished panics, and the Companies shall reimburse the in- Companies, but not otherwise. The liability of the the Companies shall be addressed to them a~ San sured for any expense so incurred. The Companies Companies under this policy shall in no case exceed, Diego, California. AL REVENUE STAMPS IN THIS SPACE GRAHT -: ~T'~'NIS FOR~ FURNISUED BY U ~ Escrow ~ 3029 Affix I. R. L $_.6,.0~ ................... MAE R. PERRY FOR A VALUABLE CONSIDERATION, do hereby GRANT to ENCINITAS LOCAL FIRE DISTRICT, a ~oZitical Subdivtelon of Encinitas, Cardiff ~d Leucadia, the real property in the County of San Diego, State of California, described as: Lot "A", Block 2 of Cardiff Acres according to Map thereof No. 1680 filed in the office of the County Recorder, San Diego County, State of California December 9, 1915; EXCEPTING THEREFROM the Easterly 56 feet thereof; also excepting therefrom the Westerly ll feet of the Easterly 67 feet of the Northerly 20 feet thereof. .... Mae R. Perry / ~ ............ After ~ecordln~.mff to: , State of california I ~'~~ ~':~:~'""'~; SS. ' ............. ' ................... Eount~ .of ~ ~:.~o .~/..Z,~:;.J~ ......... ~.:.~~.........~ , / 3 Order Ho ..................................... ~sc ow No ............................ ~ ...................... On ...: ............ : ..~......~ .................... : ............... ~ .......... 19 ...... before me, the undersigned, ~ Notary Public in and for said SPACE BELOW FOR RECORDER'S USE ONLY County and State, personally appeared ................... :..: ................. - '~, 3' ~ ................. Mae....R.....Pe~P.~ ....................................... 8~:'.'/" "'~s .......................................................................................... Oe8UtY kno,n ,t~ ~o be Ihe per~oa ........ ~ho~e n~me ............ ~ ......... ~O~g~ ' ,.'~scribe~.~t~ within instrument and acknowledged that UREcOROEO~ o~ litte R~'~lnsu~anCe ~ ~ ..-..j~.,,..~......~ ........executed the same. ~ .. ., ~ . - SEP2~19599 ." .~ ~SS m) 6~ a~'~ffmcial seal. Nolar7 Public in and for said County and Stale Station ............................ to C. O. Schedule No DEPARTMENT OF PUBLIC STATE OF CALIFORNIA DIVISION OF HIGHWAYS G NT DEED (CO~O~TION) ~ATE oF CALIFORNIA R~orded at requ~t of ............................................................... o'cl~k .......... M., ~ Vol .............................................................. ~en re~rd~ remm ~o .................................... Fa~ ................................. By .................................. Emci~ .a~ Local Flre Dlstrlot On motion o? Co~ls~ion.r Bltcken~taff. secon~ by Co~l~toner W~terOe~, the followl~ resolution lb ~opt~ ~S, ~ae ~e R. Perry has ~el%ver~ to this Bo~ ef Oe~taslon- era of the ~oinltaa ~ Fire District for accept~ce a ~ee~ ---~-~ ........... eonvey~ to the ~c~ita Fire District the fellow~ deaorib~ real ProPe~y~ ~t "A", Block 2 of Ca. iff Acres aceordl~ to ~p the~of No. 16~ fll~ In the offloe of the Co~ty Reo~er, DteKo C~ty, 8tats of Oalifo~la, DeoeBbe~ ~, 1~1~ exoe~- ~g therefr~ the ~terly ~ feet thereof, also exoe~ln~ there- fr~ the ~eaterly 11 feet o~ the ~aterly 67 feet of the No--h- otly ~ feet thereof. NOV ~R, IT X~ ~L~ ~ O~ that said ~eed be follow~ vo~e~ ~ erberr2. NO~ ~ None ~B~T ~ STATE OF CALXFO~NXS ) COUNTY OF l, ~oseph F. Grady, Secretary to the Board of Fire Commissioners of the Enoinitas Local Fire District, hereby certify that ! hay com- pared the fore~oin~ copy with the original resolution passed an~ ~opted by aai~ Boa~ at a re~lar meet~n~ thereof, at the time ~ by the vste therein atat~, which orX6~al resolution Is now on file In my office; that the fore6ol~ copy la a ~11, t~e ~ co--ct tr~sort~ of said orX~lnal resolution ~ of the whole thereof. . . .' ~ ts 12th day of September, 19590 *oae~ F. Orady, S~retar~ . / /Jo~n A. Van ~sk~.r~, e~s.~man RECORDING REQUESTED BY Rg¢ORDED RI~UF~qT 0r LAND TITLE INSU NCE CO. WHEN RECORDED MAIL TO OCT 2 1 AM' S~IES 5 EncinJtas Fi~ Protection District OFFIO~ ,INE FOR RECORDER'S USE I. R. S. $ 2h. Yg S NG~ ASSOCIkIION ~I~DUAL FOR A VALUABLE CONSIDE~TION, re~ipt of wMch is hereby acknowledged, do ........ hereby GRANT to all that real property situated in the ............................................................. County of ._...~.~B...~.~g~ ............................................ State of California, d~cribed ~ follows: tll of ~ot~ 5 and 15 in Block ~ of AVOCgDO gCC, in the County of San Diego, State of California, according go ~p thereof No. 1791, filed i~ the office of ~he Co~ty ~coffier off San Diego County, tpril 29, 192h~ EXC~ING that portion of Lot ~ l~ng Easterly of the following described bounda~ line: Beginning at ~e Northwesterly comer off said gVOC~O ICES, said co,er being mrked by a 2~ by 2~ Hub and Tack; thence along the following nmbe~d (1) along the Westerly line of ~id AVOC~O AC~S South 4029,30" West, 59.33 feet; (2) leaving ~id Westerly line South 85o30,30" East, 20.00 feet ~ the Westerly line of ~id Block 2; (3) North 76o21,00, East, 43.~ feet; (4) South 70°32,18. ~st, 137.30 feet; (5) South 27o55,53. East, 283.77 feet; (6) So~th 20o04'07" East, 402.52 feet; (7) South 15o26,24" East, 205.76 feet to the Westerly line of Lot 19 in Block 1 of ~id AVOC~O AC~S; (8) along the Westerly line of said Lot 19 South 17o16,18" West, 64.22 feet to the southwesterly corner or,id Lot 19. STATE OF CALIFORNIA .................................................................................................... .................................................. County of .............. S.a~..Die. go ................ f ss. On ............ ,q~p.t~mher...]_6?...l~6~ ....... 19 ........ , before me, the undersigned, a Notary PuSlie in and for said .............. County and State, personally appeared ................. ~/.ern--Lea~aer. bery..and..klildr~d..Le.~.therbe, ry ............ ::::::::::::::::::::::::: known to me to be the person ~ whose name S are ' ~o me that .~.. he.~., executed the same. - ............................................. subscribed to the within inslrument and acknowledged )[ 7¢- LiADAL5 N PLANK I Not~ry Publ e in and for sa d ............ County and State. l: ,'(; ~or,,.ay r~:~;::: C.x~,FOR~I~ ~[ My Commission expores ............................................................. 19 ....... RECORO~"6 RE~UESTEO0 '0-- ~ ... .o JULg 8 9:00 Af '72 ~NCINI~S FI~ PROTECTION DISTR]~ o;~:c~d. ~ ......... 415 SECO~ STREET ~ ~'~",' "'C": ~CI~I~S, ~LIFOR~ 92024 ~ ~ Documentary transfer tax $ ENCINI~S FI~ PROTECTION DISTRICT ~ Computed on full value of property conveyed, or 415 SECOND STREET ~ Computed o, full value less liens & encumbrances ENClNITAS, ~LIFO~ 92024 B~ ~f~ t~2 ~. ~ S.A., ENCINITAS B~NCH L_ ~ ............. /~ ......... ~.,, %~ER...ES. QgOW OFFICER ~ Unln~orporated area City o[ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IiELEN R. MOUNT, A WIDOW hereby GRANT(S) to ENCINITAS FIRE PROTECTION DISTRICT the following described real property in the county of SAN :DIEGO , state of California: LOT 6 IN BLOCK 2 OF AVO(L&DO ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNL&, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924. EXCEPTING THEREFROM THE WESTERLY 128.00 FEET MEASURED AT RIGHT ANGLES. ALSO EXCEPTING THEREFROM THE INTEREST OF THE STATE OF CALIFORNIA CONVEYED BY DEED RECORDED FEBRUARY 5, 1962 AS DOCUMENT NO. 20343 OF OFFICIAL RECORDS. Dated FEBRUARY 29, 1972 ,~;~2~,c.~..~tCq >ff¢.~...~~ - (HELEN R. MOUNT) STATE OF CALIFORNIA COUNTY OF___ SAN DIEGO~ SS. On__ MAR. CH 10, 1972 before me, the under signed, a Notary Public in and for said County and State, personally appearedl"~LF.N R, MOUNT FOR NOTARY SEAL OR STAMP to be the person __.whose name J.S subscribed to the within instrumen~,C.~acknowledged that shL executed the same. Signature of Notary ~-~// MyO0mmissio. ExpiresFeb. I5,1976 ESTHER H. TRAER Title Order No._. ' ~ ~//,/_~ ~__ Escrow No. 986-7231 L 1 (GS) (~ev. 5-67) 8 pt. RESOLUTION NO. 1-64 RESOLUTIO~ AUTH~R1-ZING ACCEPTANCE OF ~L~RFD L~'ff~R~!~Y A~D V~RN t~TH~RB~RY ~HEREAS, it is necessary for the Enclnitas Fire Protection District to acquire fee o~nership to certain real property in the Ccunty of San Diego, State of California, for the use, construction, and operation of a fire station, and ali structures incidental WHEREAS, for valuable con~ideration, Mildred Leatherbery and Vern Leatherbery have executed a grant deed dated August 31, 1964, ccnveying to the Encinitas Fiz~ Protection District fee title to certain real property, as hereinbelow described; and WHF~EAS, the Encinltas Fire Protection District is desirous of accepting said grant deed; NO~, TH~EFCRE, BE _TTRESOLVED that the Governing Board of the Encinita~ Fire Protection Dis" £ict of the County of San Diego, State of California, does hereby accept the full interest tn real property conveyed by the grant deed dated August 31, 1964, from Mildred Leatherbery and Vern Leatherbery to the Encir,~tas Fire Protection District, a political corporation. Said property interest is described as follows= All of L~ts 5 an~ 15 in Block 2 of AVOCADO ACR£S, in the County of San Diego, State of California, according to [J~p thereof No. 1791, fit~d in the Office of the County RecordEr of San Diego County, April 29, 1924, EXCE?T. ING that portion of Lot lying Easterly of the following described boundary Beginning at the Nozthweaterly corner of said AVOCADO AC~ES, said corner being marked by a 2" x 2' Hub and Tack{ thence along the follow[n~ numbered courses; (1} along the ~esterly line of said AVOCADO AC~ES South ~ 29' 30" West, 59.33 feet; (2) leaving said Westerly line South ~5~ 30~ 30" East, 20.00 feet to the ~eatezly line of said Block 2; {3) Morth 76~ 21' 00" Easl, 43.36 feet; {m) South 70° 32' 18' F-est, 137.30 feet; (5} South 27= 55~ 53' East, 283.77 fe~t; (6) South 20° 04' 07~ E~st, ~02.52 feet; {7} South 15~ 26' 2~" East, 205.7C feet to the Westerly lime of r * 19 in Block ~ of said AVO~AZO ACRES; {~) slon2 the Westerly lime of Lot 19 South 17° 16' 18" '~est, 64.?2 feet !o ihe Southwesterly corner of said Lot 19. B£ IT FL~THE~{ RESOLVED that the Goverqing Board does request and direct the C~unty Recorder of the County of San Diego, State of California, to cause each of said deeds to be recorded upon the request of the sec-etary of said Enclnitas Fire Protection District. BE IT F~RTH~R RESOLVED that this re~olution shall be numbered ]-64. PASSED AND ADOPTED by the Governing Board of the Encinitas Fire ~o%ectlon Distr~ct on the /~ ~ay of ~tober, !96~, by the foll~ing vote: A~: ~ Director~ Barbre, Blickensta~f, Ea'3b, Van Ruskirk. and ~eston ~SE~: ~ ~ o~"ATE OF County of San Diego I, H. A. ~artin, Secretary of the Encinita~ Fire Protection District, do hereby certify t;,~t the above and forego!ng is a full, true, and correct copy cf Resolution ~o. !-~ , as the same appears upon the minutes of the regular meeting of the Governing 5oard ef the 5ncinitas Flre Pxctection D[strict dated October 14 , !9(~, n~ on file in my Dated %ki~ /~f day of C~tcber, 19£~. H. A% :.'ARIAN, Secretam! Encinitas Fire Protection District -2- 5~e of C~ktfocnia, accor,~ln~ co ~ thereof No~ ~" flied (n thc po:'t~or~ of Lc~ 3 ~]in¥, ,&:~u~!/ of the folI~t~ ~e~crib~d bo~adary ~ ~ ~n~ oo;~L ~;5 30'30' , ~ ,, >~ i~ ~s~, 137,,30 = .~; (5) 'c,a_' 2755'53" ~:~c, 2:53.77 ~ect: (6) 9R:3RW 2(~04'67 ,mst, 402. ;~ fgat; (7) ' ~" ,.. -- aeu.:: 15~26'24~ ~sat, ~O= 7b feet ~o -n .;us~r~ ll:~c of Lot !9 i. Bio k [ c~ said .VO~,DO z,CR~.,, (d) alon~3 ta~ ~c~tcrly 9/~!/',4 lxnc of 3a[J Lot l~ :" 17'[:~'ld' 64.22 5oa~,~ ',~zst~ fe~t tc ~he Southwust~rlv CLTA 1963 SCHEDULE A STANDARD COVERAGE I',,li,, N,~: _~! ~]77-A C,,.-hh,, ni,,n i,;nd ~ , i , Ihl~ pcli,~: S 136~00 t']Tt'(lti~t! date: October 21, 1964 al 9.00 ,,',h.kA ''~1[ ~!TII'I'III ''t liahilit;: S 22~500.00 'ibc c~-Iatc ,,i intcn'q ill th,. I..,l des, ]ihcd ,,~ it f,ql,ll h, ill thi~ ~chcd.h, ,,,,~,,i, d I,~ this i,,,li~.~ is: ' a fee Title to Ih{. estate ~,r interest c*,..czcd },? thi> p,,In~ ;il lhc ,hn,'Mqc*,fis~.*tcd in; and is d,'s~ibed as follows: SEE AT?ACIU]D J5~-141-S&27 Code 7309 Page ~o J1 9 ~-A SCHEDULE B This policy docs not insure against loss or &~Inage by reason of the following: PART ONE: or assessments on real property or by the public records 2 Any facts, riOlls, lntl'rests, ~r /]aims ,xlmh rte not shown by the public retards but which could be ascertained PART Two: 1. County and special district taxes ~ud assessments for the fiscal year 196~-1965, a lien not yet payable. 2. Taxes or assessments levied by the San Dieguito Irrigation District, a lien not yet payable. 3. Racial restrictions as imposed by deed recorded February ?0, 1930 in Book 1750, page 3( of Deeds. An easement for highway purposes over the %~est 20 feet of t~t 5~ as reserved in deed recorded February 20, 1930 in Book 1750, page 36 of Deeds. 5. A right of way across said land for the installation and maintenance of sewer, water ~*d gas mains, polos and wires, for the conveyance of electricity, with the right of ingress and egress for the maintenance and operation thereof, ~s reserved in deed recorded February 20, 1930 in Book 1750, page 36 of Deeds~ 6. The fact that the ownership of said land does not include any abutter'e rights, including access rights, in and %o the freeway adjoining said la~d on the East, said rights having been released and relinquished to the State of California, in deed recorded December 12, 1961 as File No. 214065 of Official Records° 7. An exclusive and permanent easement of right of way in, upon, over and across the Easterly 15 feet of said land for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes lines, and all fixtures and appurtenemces incidental thereto for use in connection therewith, for the transmission and distribution o£ water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said right of way, together with the right to clear and keep clear said right of %~ay l'rom buildings, structures, explosive, trees, and other material or growths detrimental to the uses granted, as gr~ted to the San Dieguito Irrigation District in deed recorded March 28, 1962 as File No. 522~3 of Official Records. Ps4~e Three 218977-A Schedule B - Continued Item No. 7 Grantor therein a~rees not to place or maintain any building or structure on said easement. Page Four P~218 ST (GS) (Rev 1-63) CONDITIONS AND STIPULATIONS 1. Definition of Terms (b) In case any such action or proceedin shall in removes such defect, lien or encumbrance within ESCROW/ RECEIPT ...... BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION le~_~_4_v_~_~ Branch To: Date: August 14, 1972 En~initas Fi~e Protection District cio Bill Ruseh Escrow No. 9~-7231 Po O. Box 382 Encinttas · C~lifornt,: 92024 De~r C, ent lemen: We endose: ( Escrow Statement ( Cashier's Check #. payable to your order for $ (X Policy of T/ftc Insurance No* ~A]?AS.~ for $ 6,0_~0_o~ , dated .T~I~ P~ , 19 72 issued by: ~ Title I~ ( Note for $. ., dated 19 , ex~ted by_ in favor of ; interst adjured to: 19 ( Insurance policies as follows: Amount Company Numar Expiration date $ $ $ ( ) Other Ite~: The County Recorder's Office will mall you: ( ) Deed ( ) Deed of Trust ( ) V~ry (ruly yours, ~ . __ - Escrow Department Receipt of the a~ve enclosures is hereby a&nowledged. Please return the signed copy of this form to the Escrow Department of this branch and retain the other copy. 12opyrlght 1962 281765-K ENCINITAS FIRE PROTECTION DISTRICT Policy No: 281765-K Consideration paid for this policy: $ 80.00 E-ff;cti~,'~a~e:'-O~t~.~-28, 1972 al: 9,00 A.M. X~uoun~of-liai)ili~v: $ 6,~00.00 The estate or interest in the land described or referred to in this schedule covered by this policy is: A FEE Title to thc estate nr intercst covered by this policy at the date hereof is vested in: ~ ENCINITAS lrfRE PROTECTION DISTRICT The land referred to in this .policy is described as follows: SEE ATTACHED 256-121-09 Code 73009 Page Two (!,,pyrlght 19~2 281765-K SCHEDULE B This policy does not insure against loss or damage hy reason of the following: PART ONE: 2. ~ny facts, rights, interests, or claims which sro not shown ]~y the puhlit rc(ord~ but wlfich co,~ld bo ascertained by an inspechon of said land or by making inquiry of person~ in possess/on thcrvrff 4. Discrepancies, conflicts in bom~dary lines, shortage in area, encroachments, or any other facts ,ahich a correct sur- ~ey would disclose, and which are not shown by thc public records. 5. Unpatented minhlg claims; reservations or exceptions in pat:nra or in Acts authorizing the issuance thereof; water rights, claims or title to water. PA!aT Two: 1. County and special district taxes, a lien not yet payable, for the fiscal year 1972-1973. 2. A right of way across said premises for the installation and maintenance of sewer, water and gas mains, poles and wires for the conveyance of electricity, with the right of ingress and egress for the maintenance and operation thereof, as reserved by Ed Fletcher and ,.t~ry C. B. Fletcher, in deed recorded October 29, 1946, as Document No. 116668. 3. The fact that the ownership of said land does not include any rights~ of ingress or egress to or from the freeway adjoining said rights having been relinquished by deed recorded February 5, 1962, as Document No. 20343. 4. An easement and right of way for water pipelines and appurtenances thereto as granted to the San Dieguito Water District by deed recorded February 25, 1963, as File No. 32052. The route thereof across said land is more particularly described as follows ~ That portion of said Lot 6 which lies within a strip of land 15 feet wide, the Northeasterly lines of which are described as follows: Beginning at the Northwesterly corner of said Avocado Acres, said corner being marked by a 2" x 2" Hub and Tack; thence along the follow- ing numbered courses~ (1) along the Westerly line of said Avocado Acres South 04~29'30'' West, 59.33 feet; (2) leaving said Westerly line South 85~30'30'' East, 20.00 feet to the Westerly line of said Block 2; (3) North 76~21'00'' East, 43.36 feet; (4) South 70~32'18'' East, 137.30 feet; (5) South 27~55'53'' East, 283.77 feet; (6) South 20~04'07" East, 402.52 feet; (7) South 15~26'24'' East, 205.76 feet to the Westerly line of Lot 19 in Block 1 of said Avocado Acres. The Southwesterly lines of said strip of land shall be prolonged or shortened at their angle points so as to terminate at their points of intersection. Page ~.ree TYPED:CS Lot 6 in Block 2 of Avocado Acres, in the County of San Diego, State PA-32 of California, according to Map thereof No. 1791, filed in the Office of the County Recorder of San Diego County, April 29, 1924. EXCEPTING therefrom the Westerly 128.00 feet measured at right angles. DR:WC ALSO EXCEPTING therefrom the interest of the State of Californfa conyeyed 3-1-72 by deed recorded February 5, 1962 as Document No. 20343 of Official T-6867 Records. 281765-K RECORDING REQUESTED my Ca~ WeSt Escrow Co. ,. amlno Del Mar, ~ D~i Mar, ~ 92014 FILE/PA ......... A~D W~ RECORDED MAlL THiS DEED AND, UNLESS OTHEF ~OK 1977 '~'~ SHOWN S~OW, ~A~L TAX STAT~NTS TO= RE~RDED REQUE~ OF ~ ~ O~ CALIFORNIA-WORLD TITLE COMPANY "*"' Encinigas Fire Protection DisC. DEC23 S:00AM'77 ~"""~" Attn: B~ll Rusch OFFICIAL c,.. · P.O. Box 464 SAN DIEGO C~N~, z,. ~ EHcln~tas~ CA 92024 HARLEY F. REORDER Title Order No~11208- 04 Escro~ No. 2-3408-J /~ ~ ~¢. SPACE ABOVE THIS LINE OR RECORDER'S USE GBANT DEED T~ER T~ PAID /~//.~ ~ F. BLOOM, The undersigned declares tbat the documentary transfer tax is ~/~( ~' ~ computed on the full value of the interest or property conveyed, or is ~ computed on the full value less the value of liens or encmnbrances remaining thereon at the time of sale. The land,  ements or realty is located in unincorporated area ~ city of .......... . ........................................ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, P~LL~S D. HERSOHs a married ~n and ~Y g. a married ~mn and Sandra D. Ja~ques~ a mrr~ed ~n hereby GRANT(S) to EHCZHIT~ FI~ PROTEGTION DZSTR~CT thefollowing described realpropertyinthe county of San Diego ,state of California: That portion of the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 14, Township 13 South, Range 4 West~ San Bernardino Base and Meridian, accord- ing to U. S. Government Survey approved April 19, 1881 as more particularily set forth in Exhibit "A" comprising one page. Sandra D./~acq~s STATE OF CALIFORNIA COUNTY OF ,O~a. nc~e? ss. o, Dec. 16, 1977 hefore me, the unde,'- siened, a Notary Public in and for said County and State, personally appeared M~r~ D Owens aa~ ,~ ~ FOR NOTARY S~AL OR ~TAM~ San~a ~ gacque~ to I>c thc per ...... ;ho ....... ~ subs, Hhedtothewlthin a ~y? -"~'~/ LIkA LOZ/~J~ they inst rume'nt acknowledged that executed the { ~Y COrem s~on Ex ..... MAIL 'FAX STATEMENTS TO PAIITY SIIOWN ON FOIl,OWING lANE; IF NO PARTY SO,SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L-I(G.S.) (Rev. 4-75) 8 pt. PARCEL 1: THE WESTERLY 31.00 FEET OF THAT PORTION OF THE SOU, THWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERI~HI~T SURVEY, APPROVED APRIL 19, 1881, THAT LIES NORTHERLY OF THE COUNTY ROAD AS SAId) ROAD IS DESCRIBED IN DEED FROM M. A. PRINCEHOUSE, ET AL, TO THE COUNTY OF SAN DIEGO, DATED FEBRUARY 28, 1930 ~ RECORDED IN BOOK 1764, PAGE 57 OF DEEDS. ALSO THE EASTERLY 90.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOb'THI~ST QUARTER OF ~tE NORTHWEST QUARTER OF SAID SECTION 14, LYING NORTHEASTERLY OF ~AId) COUNTY ROAD. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE COUNTY OF SAN DIEGO FOR STREET PURPOSES IN MAY 23, 1969, DOCUME~IT NO. 96110, AND JUNE 5, 1969 AS DO~ NO. 101186 OF OFFICIAL RECORDS · PARCEL 2: THAT PORTION OF THE SOuIhWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOU'£~, RANGE 4 WEST, SAN BERNARDINO BASE ~ MERIDL~N, IN TH~ COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881 THAT LIES NORTHERLY OF THE COUNTY ROAD AS SAId) ROAD IS DESCRIBED IN DEED FROM M. A. PRINCEHOUSE, ET AL, TO THE COUNTY OF sAN DIEGO, DATED FEBRUARY 28, 1930 AND RECORDED IN BOOK 1764, PAGE 57 OF DEEDS. EXCEPTING THEREFROM THE WESTERLY 31.00 FEET. ALSO EXCEPTING TH]~HEEROM THAT PORTION. GRAIq*£~O TO THE COUNTY OF SAN DIEGO FOR STREET PURPOSES IN MAY, 1969. STATE OF CALIFORNIA COUNTY OF ORAi~GE ~ SS. On DECEMBER 17, 1977 before me, the undersigned, a Notary Public in and for said County and State, personally appeared FOR NOTARY SEAL OR STAMP PHYLLIS D, HERSOM ., known to me to be th~.l~rson whose name ~]q~subscribed to the · ~fle ut ~ent and acknowledged that exec ed the ...... 8?3 · '~ECO~)ING REQUESTED BY ~'~ I~A~-ONAL TITLE MAIL TA~ ~ATEMENT TO ~~ Ci~ of ~ci~s *"~' 527 ~c~s Blvd., ' MG / ~ci~s, ~ 92024 UF /~ LAt~: ~b ~sh TXPD ~, SPACE ABOVE RECORDER'S USE ONLY o.~ No 8818649-G GRANT DEED (INDIVIDUAL) The undersigned grantor(s) declare~6. 85 Documentary transfer tax is $ ~ ) Computed on full value of property conveyed, or ( ) Computed on full value less value of liens and encumbrances remaining at time of sale. ~ ) Unincorporated area ( _ ~CB~of Tax Parcel NO. 257-050-70 ~O ~ ~ FI~ P~ON DIS~CT, a ~lic ~s~ict FOR A VALUABLE CONSIDERATION, HEREBY GRANT TO CITY OF ENSINI~AS, a municipal corporation the real property in the County of San Dieg~ , State of California, described as; All that portion of Parcel Map ~,b. 1122, in the County of San Diego, State o¢ California, a copy of which was recorded November 22, 1972 as Recorder's File No. 313547 of Official l~cords, in the Office of County Recorder of San Diego County, being a division of a partion of Lots 20 and 23 of l~ancho Las Encinitas, according tD Map thereof No. 848, filed June 27, 1898, in the Office of County Recorder of San Diego County; more particularly described as per E~{IBIT "A" attached hereto and ~de a part hereof by this reference. TO ~,. FE F/t~E PBOTECTION DISTRICT Dated February 2, 1989 BY.. ~ ¢-/~z~d¢ ' (Individual Acknowledgment) STATE OF CALIFORNIA County of ~ ~: u nt y a ~ ~, pa r s o nallyd~p::r ;~'~ ~~;h~:~9 ~ bef°re me the unders'gned a N°tary Public in and f°r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name subscribed to this instrument and acknowledged that ~ executed it. WITNESS, / my hand and off~ea,.~ ~~~~~ _ ~A "ANNALS ~ ' * ~N DIEGO ~.;,;TYI' 1¢ Notar~ Public in and for said County and State (Notary Seal) DIRECTED ABOVE FD-13B 1467 RESOLUTION NO. 89-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AT3THORIZING ACCEPTANCE OF PROPERTY LOCATED AT 2011 VILLAGE PARKWAY BE IT RESOLVED by the City Council of the City of Encinitas, california, that James F. Benson is authorized to execute a certificate of acceptance and consent to the recordation of a deed in accordance with Government Code Section 27281 regarding a conveyance by the Rancho Santa Fe Fire Protection District of real property located at 2011 Village Park Way, Encinitas, California 92024. PASSED AND ADOPTED by the City Council of the City of Encinitas this 22nd day of February, 1989, by the following vote, to wit: AYES: Gaines, Hano, 0msted, Shea, Slater NAYS: None ABSENT: None ANNE OMSTED, Mayor of the city of Encinitas, California ATTEST: E. JA~ City Clerk I, E, JANE POOL, City Clerk of the City of Encinlta$. California do hereby certify under penalty of gerjury that the above end foregoing is · true end Correct cepy of this document on file in my office. In witness wftu'eof ! have ~et my hand end the Seal of the City of Encinitee this ~/Osn~ Pool. City Clerk EXHIBIT "A" All that ~rt/c~ of Parcel Nap No. 1122, in the County of San Diego, State of Califu~La, a co~y of ~i~h was re~u~Ged ~ 22, 1972 as ~orc~r,s File No. 313547 of Official Re~d~, in the Office of Co~tf ~ of San Diego O0~ty, be/~g a d~visio~ of a portio~ of Lots 20 E~c~tas, acoord~ to ~ t~er~of No. 848, filed Ju~e 27, 1898, in the Office of County Reco ~r~e~r of San Diego County, ~ibed as follows= ~eginning at the m0~t Scutk~e~rly ~r of Parcel_! 3 of said Parcel Map No. 1122; thence al~ ~ Westerly b~r~ry of said Parcel 3, North 23°04,30'' ~t 150.00 feet; ~ leav~r~ ~ bc~w~f South 66'55'30,, East 166.26 feet to a ~oint of ~c~ with a line parallel to and 70.00 feet Westerly of the Easterly boundary of said ~ 3; thence along said pa~-ullel llne South 26'30'00" West 1/2.73 feet to a poirfc of inter~ectio~ with the ~mfcherly bour~ary of said Paroel 3; thence alc~z3 said Southerly bc~r~y North 80°08,35'' We~t 163.87 feet to the POINT OF ~G]/qNING. EXCitiNG ~ an undivid~ 25 peruent ~ in all minerals, oil, gas and other hydrocarbon substances in and urger or that my be produced f~. a depth below 500 feet f~. the surface without rights of surface entry, as set out in deed ~reog~D4~ September 21, 1967 as Reoorder's File No. 144559 of Official 1/17/89 lc 1469 ) STATE OF CAT.TVORNIA ) ) ss O3UNTY OF SAN DIEO9 ) ) On this 3rd day of February , 19 89 , before me, the ~rsigned, a Notary Public in and for said State, personally ap~ r~d Ray Griset ~ tO I~ tO be t~e Vice-Preside~t forthe Board of Directors of RANCHO SANT~ FE FIRE PBOT~CTION DISTRICT, and known to me to be the person who executed the within instr~nent on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such RANCHO SANS~ FE FIRE PNOT~CI~ON DISTRICT, executed the same. a~d State of California ~~- - - - 1470 ) STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) ) O~ this 3rd day of February , 19 89 , before mm, the undersigned, a Notary Public in and for said State, bersonally appeared A.L. Pedersen known to r~ to be the Fire Chief of RANCHO SANTA FE FIRE Pt~DT~CTION DISTRICT, and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such PANCHO SABUIA FE FIRE PROTECTION DISTRICT, executed the same. WITNESS rmf hand and official sea%. ~~ NOTARY PUBLIC - CALIFORNIA Enclnltas, CA 92024 Date: 3-2-1989 ezg/~=~3*eo, 4es.~oeo Escrow No. 10556-F YOUR 2011 VZLLAGE PARK t~AY, ENC. WE ENCLOSE THE FOLLOWING: ( ) Copy of Escrow Instructions ( ) Copy of Escrow Amendment(s) ( ) Commission order - ;)lease sign & return 1 copy ( ) Preliminary Title Report CITY OF ENCINITAS 627 FNCINITAS BLVD. Copy of Closing Statement of Buyer & Seller £flCINITAS, CA. 92024 Commission Check ( XXXX Policy of Title Insurance Certified copy RESPA '):inal Settlement State- ~ ~Je C~ #MMIMS have been provided CLTA Standard Coverage Pohcy of Title Insurance Fidelity National Title Insurance Company Policy Number A Stock Company 135- 58054 3-1989 CLTA STANDARD COVERAGE POLICY OFTITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a 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, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipula- tions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company gnature Form T-135 California Land Title Association Standard Coverage Policy Form - 1988 FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company 2100 S.E. Main St., Suite 400, Irvine, CA 92714 1ueu~jel:~ paJnsu! aq ;~o sa!pa~uaJ pue s qSu lie o~ 'JapuaI pa nsu] ue o 's so3 Jo~ape~ s uauJAed da~xa %}qod slq~ Japun s]uauJAed [IV (e) SNOIIV'II*IdlIS ONV SNOIIlONO:) PllfF~-GM $1,318.00 POLICY NO. 135-58054 135-5 Amount of Insurance Data of Policy Case No. $433,273.00 Febln~ry 23, 1989 at 3:58 P.M. 8818649-G 1. Name of Insured: ci'i¥ OF t~gCllgITAS, a Municipal corporation 2. The estate or interest in the land which is covered by this policy is: 3. Title to the estate or interest in the land is vested Ln. Ci'i'~ OF t~CINi'i~S, a Municipal corporation 4. The land referred to in this policy is situated in the County of San Diego, Stata of California, and is described as follows: SEE ATTACHED DESCRIPTION This policy valid only if Schedule B is attached. Form T-350 (Revised 4-15-88) LEGAL DESC~qlFI'iON ORDER NO. 8818649-G Ail that portion of Parcel Map No. 1122, in the County of San Diego, State of California, a copy of which w~s recorded November 22, 1972 as Recor~er's File No. 313547 of Official Records, in the Office of County l~cor~er of San Diego County, being a division of a portion of Lots 20 and 23 of P~q_ncho Ta~ Encinitas, according to Map thereof No. 848, filed June 27, 1898, in the Office of County Recorder of San Diego County, described as follows: Beginning at the most Southwesterly corner of Parcel 3 of said Parcel Map No. 1122; thence along the Westerly bouDd~y of said Parcel 3, North 23°04,30'' East 150.00 feet; thence leaving said boundary South 66°55'30'' East 166.26 feet to a point of intersection with a line parallel to and 70.00 feet Westerly of the Easterly bour~a~y of said Parcel 3; thence along said parallel line South 26°30'00'' West 112.73 feet to a point of intersection with the Southerly boundary of said Parcel 3; thence along said Southerly bouDda~y North 80°08'35'' West 163.87 feet to the POINT OF ~GINNING. EMC~TING THERefrOM an undivided 25 percent interest in all minerals, oil, gas and other hydrocarbon substances in and under or that may be produced frc~ a depth below 500 feet frcm the surface without rights of surface entry, as set out in deed recorded September 21, 1967 as R~corder's File No. 144559 of Official R~cords. 1/17/89 lc SC~IEEULE "B" EXCEPTIONS FRf~ COVERAGE POLICY NO. 135-58054 ~nis Policy does not insure against loss or damage, (and the C~t~any will not pay cx:~ts, at'~rno~' foos or ext:~J~_~) whiO1 aris~ ~ reason of; PJ~IY I 1. All matters set forth in paragraphs 1 through 5 inclusive on the inside of the cover of this policy under the caption Part I of Schedule B. PAR~ II 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (c~uL~ncing with Section 75) of the Revenue and Taxation Code of the Stats of California. 2. An ease~nent for a drainage channel and p~ incidental thereto, in favor of the Sen Diego County Flood Control District Zone 1, recorded March 14, 1972 as File No. 60991 of Official Records. Affects as shown on Parcel Map 1122. R~ference is hereby made to said document for full particulars. Said instrument additionally grants the privilege and right of to extend drainage structures and excavation and embankment slopes beyond the limits of the above described right of w~y, where required for the construction and maintenance thereof. A Wavier and R~lsase recorded ~ 19, 1977 as File No. 77-523954 of Official Records, which, in part rel~m~=_s the County of San Diego, a political subdivision of the State of California, frc~ its responsibilities, if any, to maintain said Drainage Ditch. 3. The privilege and right to extend drainage structures and excavation and em~mm~kment slopes beyond the limits of the right of way granted therein, where required for the construction and maintenance thereof, as granted to County of San Diego, in deed recorded October 18, 1972 as File No. 279857 of Official Records. 4. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon, race, color, religion or national origin, as contained in instrument recorded November 22, 1972 as File No. 313576 of Official R~cords. Said instrum~t provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. An instrument declaring a modification thereof, recorded December 11, 1972 as File No. 329916 of Official Records. ~mA Standard Coverage Policy Schedule B - Form T-352 (Revised 4-15-88) SCR~tAfLE B PART II CONTINUED POLICY NO. 135-58054 5. Slope and drainage ~ments together with access rights for tb~ maintenance thereof, as provided for in that Declaration of R~strictions recorded November 22, 1972 as File No. 313576 of Official Records. 6. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon, race, color, religion or national origin, as c~ntained in instrument recorded December 2, 1976 as File No. 76-404064 of Official Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any moth,age or deed of trust made in good faith and for value. 7. The privilege and right to extend drainage structures and excavation and embankment slcpes beyond the limits of Village Park Way, where required for the construction and maintenance thereof, as granted to County of San Diego, in deed recorded October 28, 1972 as File No. 279857 of Official Records. 8. Slope and drainage easements together with a~cess rights for the maintenance thereof, as provided for in that Declaration of P~strictions recorded Dec~nber 2, 1976 as File No. 76-404064 of official Records. 9. Covem~nts, conditions and restrictions, but deleting restrictions, if any, based upon, z-ace, color, or national origin, as contained in instrument recorded Feb~sry 22, 1978 as File No. 78-068964 of Official iRecor~s. 10. The effect of the following: An easement for unde~wz~und facilities and above ground structures and incidental purposes, in favor of San Diego Gas and Electric Cc~pany, by document recorded August 28, 1984 as File No. 84-327717 of Official R~cords. P~ference is hereby made to said document for full particulars. The exact location thereof cannot be determined fz~, the record. NOTE: The grantor of said easement was not the record owner of said land. 11. Any boundary discrepancies or rights which may exist or arise by reason of Record of Survey No. 10047, which purports to set out various boundaries and dimensions of said land. NOTE: The following endorsements Validating Signature appearing after Schedule "B" are an intewz=l part of this Policy. Schedule "B Part II" of this Policy consist of 2 page(s).