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1995-20215 ~co~s~ ~o~s~ * -JflN-1995 05: 1~ · SAN nF~xn COl NTY ~'ECOROER'S ~IFFEE City of Encinitas , ~SREGORY SMITH, COUNTY ~iF: 5. O0 FEES: Attn ~ Lloyd Eolt * a~ . ;i I 0C 505 s. Vulcan Avenue * 1939 ,:. En~initas, CA 92024 * ' A.P.N. = 256-162-40 space ~ ~azs :~ zs ~oa ~co~za,s uss G~T DEED · he unde=z~gned gr~ntor(z) declare(z): Doe~ent~ry tranz~e~ tax ~z __Xcomputed on the fulX v~Xue of the ~nte~e~ o~ p~operty conveyed~ or kz ~computed on the fu~ v~lue ~ezz the v~lue of l~ena or enc~r~ncea remaining ~t the of zale. FOR V~U~LE ~0NSIDE~TION~ receipt of wh~ah ~z hereby ~cknowledged~ JOHN A. H~Y ~D DOROTHY V. ~Y~ HUmiD ~D hereby G~T (S) to CITY OF ENCINIT~ the following described real property in.the City of Encinitas County of San Diego, State of California. Lot 21 in Block "E" of Avocado Acres 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, 1978. Dated January 6t 1995 ~...~ ~ STATE OF C~IFO~IA / ~n A. Murray CO~TY OF San Diego }~q~/ iA __~ -~'~-~-- On Januar~ 9, 1995 before me, T"E UNDE~IGNED , a notary publio, ~.rao?)ly Dorothy appeared 3ohn A. Murray and Dorothy V. Murray personally kno~ to me (or proved to ~e on the basis of satisfactory evidence) to be the person(s) whose n~e(s) ~/are subscribed to the within instr~ent and acknowledged to me that ~/they executed the s~e in h~/their authorized capacity(ies), and that by ~:/hcr/their signature(s) on the instr~ent the person(s),or the entity upon behalf of which the person(s) acted, executed the instr~ent. WITNESS my hand and official seal. Signature~~~(~a~s~o~xcz~z~s~ ~IL T~ STAT~NTS TO= S~ AS ~O~ CLTA STANDARD COVERAGE Policy POLICY OF TITLE INSURANCE C 9 3 UNITED INDEPENDENT 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 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 rifle; 3. Unmarketability of the rifle; 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 unanforceability 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 ueenforceabflity 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 rifle 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 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 Tide 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 Authorized Officer or Agent CLTA Standard Coverage 1900 UIT form 5000 - FACE PAGE ORIGINAL ~Condifions and Stipulations (~ontinO withoutunreasonabledclay,shallprovideforthedef~nseofsuchinsuredinlitigation (a) To Pay or Ten~ffer Payment of the Amount of Insurance or to in which any third party asserts aclaimadverseto the title orinterest asinsured, but Purchase the Indebtedness. only as to those stated causes of action alleging a defect, lien or encumbrance or other (i) to pay or tender payment of thc amount of insurance under this policy matter insured against by this policy. The 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 insttred 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 thc 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 expanses in¢~ by aa 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 institute and prosecute attorneys' fees and expanses incurred by the insuredclaimant which wereauthorized any amion or proceeding or to do any other act which in its opinion may be necessary by the Company up to the time of purchase and which tbe Compaay 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 ff the Company offers to purchas~ the indebtedness as herein provided, the Company may take any appropriate action under the terms of this policy, whether owner of the indebtedness shall transfer, assign, and convey the indebtedness and thc 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 detemfination by a court of competent jurisdiction and obligation to defend, prosecute, or continue any litigation, and the policy 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 pormits or requires the Company to prosecute a (ii) the Company's obligation to an insured Lemier under this policy for tbe claimed orprovide for thedefens¢ofanyactionorproceedthg, aninsuredshallsecuretotbe 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 tbe Company to use, at its option.tbe name of such (b) To Pay or Otherwise Settle With Parties Other than the Insured nr insured for this purpose. Whenever requested by the Company, an insured, at the With th{: Insured Claimant. Company's expense, shall give the Company all reasonable aid (i) in any action or (i) to pay or otherwise settle with other parties for or in the name of an proceeding, securing evidence, obtaining witnesses, prosecuting or defending the insured claimant any claim insured against under this policy, together with any costs, action or proceeding, or effecting settlement, and (ii) in any other lawful act which attorneys' fees and expenses incurred by the insured claimant which were authorized in the opinion of the Company may be necessaxy or desirable to establish the title to by the Company up to the time of payment and which tbe 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)topay orntherwisesettlewiththeinsuredclaimant thelossor damage Company's obligations to such insured under the policy shall terminate, including provided for under this policy, together with any costs, attorneys' fees and expenses 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. 5. PROOF OF LOSS OR DAMAGE. Upon the exercise by the Company of either 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 Compaay within 90 shall terminate, including any liability or obligation to de fend, prosecute or conlinuc 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 tiffs policy which This policy is a contract of indemnity against actual monetary loss or damage constitutes the basis of loss or daraage and shall state, to the extent possible, the basis sustained or incurred by the insured claimant who has suffered loss or damage by ofcalculatingtheamountoftbelossordamage, lftheCompanyisprcjudic~edbythe 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 defend, prosecute or continue any litigation, with regard not exceed the least of: to the matter or matters requiting 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 amountofinsuraneeasdefinedinSection2(c)oftheseConditionsandStipulations; examination under oath by any authorized representative of the Company and shall (ii) the amount of the unpaid principal 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 thc loss or damage, interest there~m; or Further, if requested by any authorized representative of the Company. the insured (iii) the difference between the value of the insured cstato or interest as claimant shall grant its parndssion, 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 examine, inspect and copy all records, books, ledgers, checks, encumbrance insured against by this policy. cotxespomience 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 thc reasonably pertain to the loss or damage. All information 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 m 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 thc 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 necessa~ 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 difference 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 thc 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 Section4 of 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) If the Company esteblisbes the title, or removes the alleged defect, lien nr additional options: encumbrance, or cures the lack of a right of access to or from the land, or cures thc CLTA Standard Coverage 1990 UIT Form 5{~0 A COVER PAGE SCHEDULE A DATE OF POLICY: JANUARY 17, 1995 AT 3:16 P.M. AMOUNT OF INSURANCE: $205,000.00 CHARGE: $865.00 POLICY NO. C 93023715 ORDER NO. 19232-01 1. NAME OF INSURED: 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: CITY OF ENCINITAS 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: Lot 21 of Block "E" of AVOCADO ACRES NO. 4, in the City of Encinitas, 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, 1978. Q95-2 This Policy valid only if Schedule B is attached ORDER NO. 19232-01 POLICY NO. C 93023715 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. Second Installment, General and Special taxes for the fiscal year 1994-95. 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. The recital contained on the Map of said land which agrees to allow the crossarms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. ORDER NO. 19232-01 SCHEDULE B - continued 4. An easement and right of way 15 feet in width over and across the North Half of the Northwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, of which the premises herein described is a subdivision, for pipe lines and incidental purposes, as granted to the SAN DIEGUITO IRRIGATION DISTRICT, by deed recorded August 22, 1925 in Book 1122, Page 110 of Deeds. The route thereof across said land is not set forth in said land. 1114 EXHIBIT "A" That portion of the following described property, lying Northeasterly of a line 35.00 feet Southwesterly of and parallel with the centerline of Rancho Santa Fe Road as described in deed to the County of San Diego, recorded October 29, 1930 in Book 1817, Page 328 of Deeds: That portion of the Westerly 137.80 feet of Lot 81 of COLONY OLIVENMAIN, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 326, filed in the Recorder's Office of said County, on July 8, 1885, lying Northerly of the Southerly 300.00 feet of said Lot 81 and lying Southwesterly of the centerline of the County Road described in deed to the County of San Diego, recorded October 29, 1930 in Book 1817, Page 328 of Deeds. Together with that portion of "A" Street lying Northerly of the Westerly prolongation of the Northerly line of said Southerly 300.00 feet and lying Southwesterly of said centerline described in said Book 1817, Page 328 of Deeds.