1995-469193 ., ~CORDI~O R~_.g~ By 17-0CT-1995 03'-43 PM
SAN I)I~GO COUNT'/
· AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE
S..OWN BELOW. MA,L TAX STATEMENT TO: J- ? ~[ OFFICIAL RL,~RD$
S~N DIEGO COUNTY RECORDER'$ OFFICE
,am~ ne City of Encinitas GREGORY SIIITH, COUNTY RECORDE~;
Street .505 S. Vulcan ,Ave., FEES: 209.00
,' 0C
Address Enclnltas, CA 9202/+ ,: /
city &
State
Zip
~ TAX: 20~.00
'fmc Order No--~ ~:)~ '75'"CP/~ ..... No. 10854--A
T 355 Legal (2-94) SPACE ABOVE THIS LINE FOR RECORDER'S USE
grant Deed
T~E UNDERSIGNED GRANTOR(s) DECLARE(s)
[] uninco~orated,area ~ City
,~"~computed on ~ull v~u¢ of interest or property conveyed, or
[] computed on full value less v~lue of liens o~' encumbrances remaining at time of sale, and
]FOR A VALUABLE, CON$IDE,RATION, receipt of which is hereby acknowledBed,
CAR.MEN i'~J'NOZ
hereby GRANT(S)to THE CITY OF ENCINITAS
the following described real property in the
county of San Diego , state of California:
Lot 21 in Block G of AVOCADO ACRES UNIT NO. 4,
according to Map thereof No. 2118, filed in the
Office of the County Recorder of San Diego County,
July 3, 1928.
STATE OF CALIFORNIA ~ ( ~
a~~a~ for said County and State, per~nally appeared
~~e (or proved to me on the basis of satisfamow
within instrument and acknowledg~ to me t~he/she/they execut~ ~~ Comm. ~94207
the ~me in high, heir authoriz~ c~ci~ies), and {~t by hi~heir t~7 ~;[INOTARY PUBLIC - CALIFORNI~I
signature(s) on the in~rument the person(s), or the entity upon behalf ~~ SAN DIEGO COUNTY
of which the ~rson(s) acted, executed the inmrument. ~_ _ Comm. Expires May 9, 1997
WITNESS~/n~d and official sea~
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by
the Deed dated September 7, 1995 from Carmen Munoz to the CITY OF
ENCINITAS, a municipal corporation, is hereby accepted by the
undersigned officer on behalf of the City of Encinitas pursuant to
authority confirmed by City Council action on August 16, 1995 and
the Grantee consents to recordation thereby its duly authorized
officer.
THE CITY OF ENCINITAS, a municipal corporation
CA'i, IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~ L~ ~ ,,'t/Y~
1723
County of -~ ~ ~ /~.l
On C)~c''~' J'- '~,
personally appeared
monally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s)
whose name(~re subscrib~ the within instrument
and ack.edged to me th~/she/they executed the
~ ink.her/their authorized capaci~(ies), and that by
.... ~t:: ~:: ::::: ~ ~:: ~ ~:::: :: ~, ~ ~i~/~dtheir signature(s) on the instrument the person(s),
Randa G. MilljoMr ~ or the entity upon behalf of which the person(s) acted,
~ C~m. ~1038151
~ ~ ~T~~ ~ executed the instrument.
~. ~ ~ ~. 6. ~f~ WITNESS my hand and official seal.
OPTIONAL
~escriptio. of ~acked Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capa~ity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
~ Individual ~ Individual
D Corporate Officer D Corporate Officer
~tle(s): Title(s):
~ Pa~ner-- ~ Limited $ General ~ Pa~ner-- D Limited ~ General
~ A~orney-in-Fact ~ A~orney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Consewator ~ Guardian or Oonsewator
Signer Is Representing: Signer Is Representing:
CLTA STAND,~RD COVERAGE Policy
POLICY OF TITLE INSURANCE C No. 9 319 410 5
UNITED INDEPENDENT ~ 9 ~ G0 ~1 ~
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, United General Title Insurance Company, a Louisiana corporation
doing business in California as UNITED INDEPENDENT TITLE INSURANCE COMPANY, 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 mason of:
1. Title to the estate or interest described in Schedule A being vested other than as staW, d therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the tide;
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 unanforeeability 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 uncnforceability 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 thc title or the lien of the insured
mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
This policy shall not be valid or binding until countersigned by either a duly authorized agent or representative of the
Company and Schedule A and B have been attached hereto.
In Witness Whereof, United Independent Title Insurance Company has caused its corporate name be hereunto affixed by its
authorized officers as of Date of Policy shown in Schedule A.
UNITED INDEPENDENT TITLE INSURANCE COMPANY
President Secretary
CLTA Standard Coverage 1990
U1T form 5000
SCHEDU~ A
DATE OF POLICY: OCTOBER 17, 1995 AT 8:00 A.M.
AMOUNT OF INSURANCE: $190,000.00
CHARGE: $827.50
POLICY NO. C 93194105
ORDER NO. 30073-01
1. NAME OF INSURED:
THE CITY OF ENCINITAS
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY
IS:
A FEE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
THE CITY OF ENCINITAS
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Lot 21 in Block G of AVOCADO ACRES UNIT NO. 4, in the County of San
Diego, State of California, according to Map thereof No. 2118, filed
in the Office of the County Recorder of San Diego County, July 3,
1928.
Q95-22
This Policy valid only if Schedule B is attached
ORDeR, NO. 30073-01
POLICY NO. C 93194105
SCHEDULE B
CLTA STANDARD COVERAGE 1990
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will
not pay costs, attorneys' fees or expenses) which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public
agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by
the public records.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted
under (a), (b), or (c) are shown by the public records.
PART II
1. General and Special taxes for the fiscal year 1995-96, a lien, not
yet payable.
2. The lien of supplemental taxes, if any, assessed as a result of
transfer of interest and/or new construction, said supplemented taxes
being assessed pursuant to Chapter 3.5 commencing with Section 75 of
the California Revenue and Taxation Code.
3. An easement for either or both pole lines, underground conduits and
incidental purposes in favor of SAN DIEGO GAS AND ELECTRIC COMPANY by
instrument recorded August 14, 1936 in Book 539, Page 353 of Official
Records.
Said easement is described as follows:
Within 6.00 feet of the North line of said Lot 21 at a point
approximately 28.90 feet East of the West line thereof.
ORDER'NO. 30073-01
SCHEDULE B - continued
4. An easement for public utilities, ingress and egress and incidental
purposes in favor of SAN DIEGO GAS & ELECTRIC COMPANY, recorded in
Book 2526, Page 228 of Deeds.
The location of said easement is more fully described in said
document.
5. An easement for public road and incidental purposes in favor of THE
COUNTY OF SAN DIEGO, recorded April 6, 1948 in Book 2744, Page 447 of
Official Records.
The location of said easement is more fully described in said
document.
6. Covenants, conditions and restrictions, but deleting restrictions, if
any, based on race, color, religion or national origin, in an
instrument recorded September 21, 1953 in Book 4989, Page 469 of
Official Records.
7. An Agreement relating to the installation, maintenance and possible
removal of an encroachment, subject to the terms, covenants and
conditions contained therein.
BETWEEN: THE CITY OF ENCINITAS
AND: CARMEN MUNOZ, owner(s)
RECORDED: July 13, 1990 as File No. 90-381295 of
Official Records
.Conditions and Stipulations (Continu~lllk
with~ut-unrea~nab~ede~ay~sha~pr~videf~rt~ede~l~'fi~se~fsuchinsuredin~itigati~n ~(a) To Pay or Te~l~'r Payment of the Amount of Insurance or to
in which an~ third paxt~ asserts a claim adverse to the title or interest as insured, but Purchase the Indebtedness.
only astothose statedcausesofactionallegingadefect, lienorcncumbranceorothet (i) to pay or tender payment of the amount of insurance unde~ this policy
matter insured against by this policy. 'Uae Company shall have the right to select together with any costs, attorneys' fees and expenses incurred by the insured
counsel of its choice (subject to the right of such insured to object for reasonable claimant, which were authorized by the Company, up to the time of payment or
cause) to represent the insured as to those stated causes of action and shall not be tender of payment and which the Company is obliged to pay; or
liable for and will not pay the fees of any other counsel. The Company will not pay (ii) in case loss or damage is claimed under this policy by the owner of the
any fees, costs or expenses incurred by an insured in the defense of those causes of indebtedness secured by the insured mortgage, to purchase the indebtedness secured
action which allege matters not insured against by this policy, by the insured mortgage for the amount owing thereon together with any costs,
(b) The Company shall have the right, at its own cost, to institate and prosecute attorneys' fees and expenses incurred by the insured claimant which were authorized
any action or proceeding or to do any other act which in its opinion may be necessary by the Company up to the time of purchase aad which the Company is obligated to
or desirable to establish the title to the estate or interest or the lien of the insured pay.
mortgage, as insured, or to prevent or reduce loss or damage to an insured. The If the Company offers to purchase the indebtedness as herein provided, the
Company may take any appropriate action under the terms of this policy, whether owneroftheindebtedness shall transfer, assign,andconvey the indebtedness and the
or not it shall be liable hereunder, and shall not thereby concede liability or waive insured mortgage, together with any collateral security, to the Company upon
any provision of this policy. If the Company shall exercise its rights under this payment therefor.
paragraph, it shall do so diligently. Upon the exercise by the Company of the option provided for in paragraph
(c) Whenever the Company shall have brought an action or interposed a defense a (i), all liability and obligations to the insured under this policy, other than to make
as required or permitted by the provisions of this policy, the Company may pursue the payment required in that paragraph, shall terminate, including any liability or
any litigation to final determination by a court of competent jurisdiction and obligation todefend, prosecute, orconfinue any litigation, andthe pdiicy shall be
expressly reserves the right, in its sole discretion, to appeal from any adverse surrendered to the Company for cancellation.
judgment or order. Upon the exercise by the Company of the option provided for in paragraph
(d) In all cases where this policy permits or requires the Company to prosecute a (ii) the Company's obligation to an insured Lender under this policy for the claimed
orprovide forthedefenseofanyactionorproceeding, aninsuredshallsecuretothe loss or damage, other than the payment required to be made, shall terminate,
Company the right to so prosecute or provide defense in the action or proceeding, including any liability or obligation to defend, prosecute or continue any litigation.
and all appeals therein, and permit the Company to use. at its option, the name of such (b) To Pay or Otherwise Settle With Parties Other than the Insured or
insured for this purpose. Whenever requested by the Company, an insured, at the With the Insured Claimant.
Company's expense, shall give the Company ail reasonable aid (i) in any action or (i) to pay or otherwise settle with other parties for or in the narae of an
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the insured claimant any claim in sured against under this policy, together with any costs,
action or proceeding, or effecting settlement, and (ii) in any other lawful act which attorneys' fees andexpenses incurred by the insuredclaimant which were authorized
in the opinion of the Company may be necessary or desirable to establish the title to by the Company up to the time of payment and which the Company is obligated to
the estate or interest or the lien of the insured mortgage, as insured. If the Company pay;or
is prejudiced by the failure of an insured to furnish the required cooperation, the (ii)topayorotherwisesettlewith theinsuredclaimantthelossordamage
Company's obligations to such insured under the policy shall terminate, including provided for under this policy, together with any costs, attorneys' fees andexpenses
any liability or obligation to defend, prosecute, or continue any litigation, with incurred by the insured claimant which were authorized by the Company up to the
regard to the matter or matters requiring such cooperation, time of payment and which the Company is obligated to pay.
S. PROOF OF LOSS OR DAMAGE. Upon the exercise by the Company of eitber of the options provided for
In addition to and after the notices required under Section 3 of these Conditions in paragraphs b (i) or b (ii), the Company's obligations to the insured under this
and Stipulations have been provided the Company, a proof of loss or damage signed policy for the claimed loss or damage, other than the payments required to be made,
and sworn to by each insured claimant shall be furnished to the Company within 90 shall terminate, including any liability or obligation to defend, prosecute or continue
days after the insured claimant shall ascertain the facts giving rise to the loss or any litigation.
damage. The proof of loss or damage shall describe the defect in. or lien or 7. DETERMINATION AND EXTENT OF LIABILITY.
encumbrance on the title, or other matter insured against by this policy which This policy is a contract of indemnity against actual monetary loss or damage
constitotes the baals of loss or damage and shall state, to the extent possible, the basis sustained or incurred by the insured claimant who has suffered loss or damage by
ofcalcaiatingtheamountofthelossordamage, lftheCompanyisprejudicedbythe reason of matters insured against by this policy and only to the extent herein
failure of an insured claimant to provide the required proof of loss or damage, the described.
Company's obligations to such insured under the policy shall terminate, including (a) The liability of the Company under this policy to an insured Lender shall
any liability or obligation to de fend. prosecute or continue any litigation, with regard not exceed the least of:
to the matter or matters requiring such proof of loss or damage. (i) the Amount of Insurance stated in Schedule A, or, if applicable, the
In addition, an insured claimant may reasonably be required to submit to amountofinsuranceasdefinedinSection2(c)oftheseConditionsandStipulafions;
examination under oath by any authorized representative of the Company and shall (ii) the amount of the unpaid pfincipal indebtedness secured by the
produce for examination, inspection and copying, at such reasonable times and insured mortgage as limited or provided under Section 8 of these Conditions and
places as may be designated by any authorized representative of the Company, all Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at
records, books, ledgers, checks, correspondence and memoranda, whether bearing the time the loss or damage insured against by this policy occurs, together with
a date before or after Date of Policy, which reasonably pertain to the loss or damage, interest thereon; or
Further. if requested by any authorized representative of the Company, the insured (iii) the difference between the value of the insured estate or interest as
claimant shall grant its permission, in writing, for any authorized representative of insured and the value of the insured estate or interest subject to the defect, lien or
the Company to exanrine, inspect and copy all records, books, ledgers, checks, encumbrance insured against by this policy.
correspondence and memoranda in the custody or control of a third party, which (b) In the event the insured lender has acquired the estate or interest in the
reasonably pertain to the loss or damage. Allinformation designated as confidential manner described in Section 2(a) of these Conditions and Stipulations or has
by an insured claimant provided to the Company pursuant to this Section shall not conveyed the title, then the liability of the Company shall continue as set forth in
be disclosed to others unless, in the reasonable judgment of the Company, it is Section 7(a) of these Conditions and Stipulations.
necessary in the administration of the claim. Failure of an insured claimant to submit (c) The liability of the Company under this policy to an insured owner of the
for examination under oath, produce other reasonably requested information or estate or interest in the land described in Schedule A shall not exceed the least of:
grant permission to secure reasonably requested necessar~ information from third (i) the Amount of Insurance stated in Schedule A; or
parties as required in this paragraph, unless prohibited by law or governmental (ii) the dift~rence between the value of the insured estate or interest as
regulation, shall terminate any liability of the Company under this policy as to that insured and the value of the insured estate or interest subject to the defect, lien or
insured for that claim, encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; incurredin accordance with Section 4of these Conditions and Stipulations.
TERMINATION OF LIABILITY. 8. LIMITATION OF LIABILITY.
In the case of a claim under this policy, the Company shall have the following (a) lftbe Company establishes the title, or removes the alleged defect, lien or
additional options: encumbrance, or cures the lack of a right of access to or from the land, or cures the