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No Recording Information (2) POLICY OF TITLE INSURANCE Issued By Commonwealth, Land Title Insurance Company SCHEDULE A Policy/File Number: 966392-4 Amount of Insurance: $1,400,000.00 Premium: $2,738.00 Date of Policy: August 31, 1994 at 8:00 a.m. 1. Name of Insured: City of Encinitas 2. The estate or interest in the land described herein and which is covered by this policy is: A FF, E 3. The estate or interest referred to herein is at Date of Policy vested in: City of Encinitas, a municipal corporation 4. The land referred to in this policy is situated in the County of San Diego, State of California, and is more particularly described in Exhibit "A" attached hereto and made a part hereof. CLTA St~mdard Coverage Policy 966392 EXHIBIT "A" Lots 1 through 56 inclusive of County of San Diego Tract No. 3526, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 10901, fried in the Office of the County Recorder of San Diego County, April 11, 1984. CLTA Standard Covemgo Policy 966392 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGES, NOR AGAINST COSTS, ATTORNEYS' FEES OR EXPENSES, ANY OR ALL OF WHICH ARISE BY REASONS OF THE FOLLOWING: PARTI ALL MATTERSSETFORTHIN PARAGRAPHS NUMBERED 1TO 61NCLUSIVE, ON THE FRONT COVERS OF THIS PO~CY UNDER THE HEADING-EXCLUSIONSFROM COVERAGE. PART II EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATI'ORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 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; Co) 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), Co) or (c) are shown by the public records. CLTA Standard Coverage Policy 966392 SCHEDULE B PART III A. General and special taxes, including any assessments collected with taxes, to be levied for the fiscal year 1994-1995, which are a lien not yet payable. Parcel: 254-581-15 Parcel: 254-582-02 Parcel: 254-581-13 Parcel: 254-582-01 Parcel: 254-581 - 14 Parcel: 254-581-01 Parcel: 254-581 - 12 Parcel: 254-581-02 Parcel: 254-581 - 11 Parcel: 254-581-03 Parcel: 254-581-04 Parcel: 254-581-05 Parcel: 254-581-06 Parcel: 254-581-07 Parcel: 254-581-08 Parcel: 254-581-09 Parcel: 254-581 - 10 Parcel: 254-581-17 Parcel: 254-581-18 Parcel: 254-581-19 Parcel: 254-582-03 Parcel: 254-582-04 Parcel: 254-582-05 Parcel: 254-581-20 Parcel: 254-582-14 Parcel: 254-582-13 Parcel: 254-582-06 Parcel: 254-582-07 Parcel: 254-582-08 Parcel: 254-582-12 Parcel: 254-582-11 Parcel: 254-582-10 Parcel: 254-582 -09 Parcel: 254-581 - 16 B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. CLTA Standard Coverage Policy 966392 1. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Olivenhain Municipal water District, a Public corporation Purpose: pipeline or pipelines for any and all purposes, together with the right of ingress, egress and incidental purposes Recorded: September 8, 1983 as File No. 83-318950 of Official Records Affects: Lots 1 through 6, 8 through 10, 13 through 22, 24, 25, 26, 28, 30 through 43, 45, 47, 48, 50, 53 and 54 as shown on said Map attached to said document. Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Leucadia County Water District Purpose: sewer pipeline or pipelines, manholes, laterals and appurtenances, together with the right of ingress, egress and incidental purposes Recorded: November 3, 1983 as File No. 83-398389 of Official Records Affects: lots 18, 19, 31, 32, 33, 35 and 48, 53 as shown on said Map Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below Map No.: 10901 Purpose: open space Affects: Lots 24, 29, 41, 42, 43, 49, 50, 51, 52, 54, 55 and 56 A portion of said easement within said Lot 54 was vacated by Instrument recorded March 21, 1985 as File No. 85-094568 of Official Records. Purpose: drainage maintenance access Affects: Lots 2, 4, 5, 6, 8, 9, 18, 22, 30, 31, 32, 35 and 53 Purpose: drainage Affects: Lots 1, 2, 18, 19, 23 and 53 Purpose: private road and public utility Affects: Lots 4 thru 10, 17 thru 21, 30 thru 34, 47 and 48 CLTA Standard Cowrago Policy 966392 Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document 4. The fact that the owners of said land have no rights of vehicular access to the street or highway abutting said land, except the public right to travel on same. Said rights have been relinquished by the dedication provision on the map of the Tract referred to below. Tract No: 10901 Affects: Lots 11, 13, 15, 24, 28, 29, 35, 41 and 53 5. Provisions of the dedication statement on the map shown below, which offer the land herein described for future street or alley and restrict the use thereof Map of: 10901 Affects: Lots 41, 42, 43, 49, 50, 51, 52, 54 and 55 6. An offer and the rejection of said offer subject to the Provisions of Section 66477.2 of the Government Code of the state of California for the dedication of abutters rights of access appurtenant to Lots 29, 41, 42, 43, 49, 50, 51, 52, 54 and 55, as shown on the Map of said tract, which provides that a rejected Offer of Dedication shall remain open and subject to future acceptance by the County of San Diego. 7. An offer and the rejection of said offer subject to the Provisions of Section 66477.2 of the Government code of the State of Califomia for the dedication of easement for slope rights lying within Lots 41, 42, 43, 49, 50, 51, 52, 54, 55 and 56, as shown on the Map of said tract, which provides that a rejected Offer of Dedication shall remain open and subject to future acceptance by the County of San Diego. A portion of said easement within said Lot 54 was vacated by Instrument recorded March 21, 1985 as File No. 85-094568 of Official Records. 8. An irrevocable offer to dedicate a portion of said land for the purposes stated herein In favor of: County of San Diego For: open space Recorded: April 12, 1984 as File No. 84-133584 of Official Records Affects: Lots 29, 54, 55 and 56 Said offer was accepted for public use by a resolution Executed by: City of Encinitas Recorded: June 30, 1987 as File No. 87-367087 of Official Records CLTA Standard Coverage Policy 966392 9. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Carltas Co., Paul Ecke m, Paul Ecke, Sr., Trustee under will of Magdalena Ecke, deceased, Ray Winter, Barbara Winter, William C. Dealy, Jr. and Ruth Dealy ("Ecke") Purpose: ingress, egress and incidental purposes Recorded: April 13, 1984 as File No. 84-135697 of Official Records Affects: Lots 18, 19 and 23 as shown on said map attached to said document Reference is made to said document for full particulars. 10. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: San Diego Gas and Electric Company Purpose: public utilities, ingress and egress Recorded: July 17, 1984 as File No. 84-268448 of Official Records Affects: within that portion of said Lot 55, shown and delineated as "Portion of Lot 55 Reserved for Future Street", on said Map No. 10901 Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document CLTA Standard Coverage Policy ~0 ~Z ~- = - O0