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1996-343413 RECOFIOIN(3 ~QI I'~STED BYO CALIFORNIA COAST TITLE AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: City of Encinitae 505 $. Vulcan Ave. Encinitas, CA 92024 CSy & zip T 355 Legal 797 $UL-1996 08;00 RH OFFICIAL RECORDS SAN DIEGO COUMTY RECORDER'S OFFICE GREGORY SMITH, CDDHTY RECORDER FEES: 0.00 OC SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ -~fit of City of Er~initas [~ __ unincorporated area ]~t City of Encinita$ Parcel No. 256-161-40 ~¢ompEted on I~ll value of ioterest or proper~y conveyed, or [] computed on fidl value less value of liens or eneulDbtanees renlaining at thug of sale. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOCORRO S. ARELLANO, AN UNMARRIED WOMA/q hereby GRANT(S) to CITY OF ENCINITAS, A Municipal Corporation the following dcscdbcd real propc~y in thc City of Encinltas county of San Diego , state of California: Lot 21 in Block "D" of AVOCADO ACRES NO. 4, in the City of Enctnitas, 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 on July 3, 1928. Ds~I May 23, 1996 STATE OF CA RNIA } a N~ Public in and for ~Co~d $OCORRO S. ARELLANO pomona, lb/known to me (or proved to ms on the basis of satis[antory evidence) to be the person(s) whose name(s) is/are subscribad to the within instrument and acknowledged to me that he/she/they executed the same in hie/her/their anthcrlzed sapacity(ies), and that by his/her/their signature(a) on the instrument the person(s), or the entity upon behalf of which the person~) acted, $~eccted the instrument. / ~ TAX 8TATEMENIS TO PARTY SitOWN ON I~LLOWlNG lINE; IF NO CERTIFICATE OF ACCEPTANCE ?98 This is to certi~ that the intexest in real property conveyed by the Deed dated May 23, 1996 from · _S.9_c.~rr_o S: Arell_an. 0 _t_othe_C[T~_QF_~Z{C12~ITAS,...a mLmicipM ~ffpota/~l:~_is ho, reby. ace.~pte, d .... by the undersigned officer on behalf of the City of Enc'mitas pursuant to authority confirmed by City Council action on May 8, 1996 and the Grantee consents to recordation thereby its duly authorized officer. Dated: July 2, 199,6 TI-U5 C~T.Y OF ENC. I~ITAS~ a rrj,unjcipal corporation Alan D. Archibald ML5083 Policy Number FTY ' 2 6 7 g 8 6 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL ~]TLE INSURANCE COMPANY, A Minnesota 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 er lien er encumbrance on the title; 3, Unrearketabdit? of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured tender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6, The priority nf any lien or encumbrance ever the lion of the insured mortgage, said mortgage being shown in Schedule ia in the order of its priorib/; 7. The invalidity or unonf~rceability 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 Stipulations. Issued through the office of' California Coast Title Company Autl~rize~t Signature Old Republic National Title Insurance Company 4~rSeeCOnd Avenue South · EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulatinn (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice df a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any goverementel police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects, liens, encumbrances, adverse claims or other ma~ters: (a) whether ar not recorded in the public records at Date of Policy, but created, suffered, assumed ar agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date et Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy, 4. Uoenfomeability of the lien of the insured mortgage because of the inability or failure ef the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced b~ the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1, Definition of TeNs. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights er defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributaes, devisees, survivors, personal representatives, next of kin, or corporate ur fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an abligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses es to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser far value without knowledge of the asserted defect, lien, encumbrance, adverse claim er other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring ar guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; [iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss ar damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason af the public records es defined in this policy or any other records which impart constructive notice of matters affecting the land, if) "land": the land described or referred to in Schedule iA]iCI, and improvements affixed thereto which by law constitute real property, The term "land" does not include any property beyond the lines of the area described ar referred to in Schedule iA][C], nor any right, title, interest, estate or easement in abutting streets, reads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right af access to and from me land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument, (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real I~reperty to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged ar apparent matter affecting the title to the land, net excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A ar the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance. (a) AfterAcquisitionofTitleb¥tnsuredLender, lfthispolicy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in fame as of Date of Policy in favor of {i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustees sale, conveyance in lieu of foreclosure, or other legal manner which discheq]es the lien ef the insured mortgage; (ii) a transferee of the (Contieu~ on ir~ert front.) OLD REPUBLIC NATIONAL TITLE INSURANC~ 400 Second Avenue South Minneapolis, Minnesota 55401 * OLD REPUBLIC Illlllllllllllllllh other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(al (i) of these Conditions end Stipulations. 13, Arbitration, Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance er the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,0gg,0g0 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof· The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, Standard Coverage Policy A copy of the Rules may be obtained from the Company upon request. 14, Liability Limited to This Policy: Policy Entire Contract. (a) This policy together with all endorsements, if acy, attached hereto by the Company is the entire policy and contract between the insured and the Company, In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy.· (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory ef the Company. 15, SeverabilitF In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all ether previsions shall remain in full force and effect. 16, Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401 Phone [612) 371-1111 not be liable for any loss or damage caused tl~l~y. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until them has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrere, adverse to the title, ar, if applicable, to the lien of the insured mortgage, as insured. {c) The Company shall not be liable for loss or damage fo any insured for liabiliW voluntarily assumed by the insured in settling any claim er suit without the prior written consent of the Company. (d) The Company shall not be liable te an insured lender for: ii) any indebtedness created subsequent to Date of Policy except for advances mede to pretest the lien of the insured mortgage and secured thereby end reasonable amounts expended to prevent deterioration of ireprevements; or (ii) construction loan advances made subsequent to Date of Policy, except cons{ruction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement tn the land which at Date of Policy wore secured by the insured rner~age and which the insured was and continued to be obligated to advance at and after Date of Policy 9. Reduction of Insurance; Redaction or Termination of Liability la) AIl payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pre tante. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2la) of these Conditions and Stipulations shall net reduce pro tents the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage, lb) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pre rants. Tho amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A, lc) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations, 10. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien en the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage: 11. Payment of loss, la) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destTnyad, in which ~of of loss or destruction shall be furnished to the satisfaction of the Company. lb) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the less ar damage shall be payable within 30 days thereafter, 12. SubrogetionUponPaymentor'Settlement. la) The Company's Rigbt of Subregation. Whenever the Company shall have settled and paid a claim under this policy, all right of subregotion shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subregated to and be entitled to all rights and remedies which the iesumd claimant would have had against any person or property in respect te the claim had this policy not been issued, If requested by the Corepany, the insured claimant shall transfer to the Company all rights and remedies against any per~on or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claireant and to use the name of the insured claimant in any transaction or litigation iovolving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subregated (i] as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If less should result from any act of the insured claimant, as stated above, that act shell not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the company's right of subregatiun. [b) The tnsured's Rights and Lireitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enfomeability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the torres of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enfomaability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation, lc) The Company's Rights Against Non-insured Obligors. The Company's right of submgotion agaiest non-insured obligors shall exist end shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurenco or bonds, notwithstanding any terms or conditions cootained in those instruments which provide for subrogation rights by mason of this policy. The Corepany's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1la) {ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A Date of Policy: July 10, 1996 at 8:00 a,m. Amount of Insurance: $160,000.00 Order No, 60080 Policy No.: FTY-267286 Charge: $619.00 1. Name of Insured: CITY OF ENCINITAS, a municipal corporation The estate or interest in the land described herein and which is covered by this policy is: A FEE 3. The estate or interest referred to herein is at Date of Policy vested ln: CITY OF ENCINITAS, a municipal corporation Re The land referred to in this pollcy ls situated in the State of California, County of San Diego, and described as follows= SEE LEGAL DESCRIPTION ATTACHED Countersigned and Validated ~/~ ~CALIFj)i~NiA COAST TITLE AUTHORIZED REPRE~TATIVE ~ CLTA STANDARD 1990 ORDER NO. 60080-A LEGAL DESCRIPTION Lot 21 in Block "D" Of AVOCADO ACRES NO. 4, in the City of Encinitas, County of San Diego, State of California, according to Nap thereof No. 2118, filed in the Office of the County Recorder of San Diego County, on July 3, 1928. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses, which arise by reason of the following: PART 1. Taxes or assessments whlch are not shown as existing liens by the records of any taxlng 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the publlc 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. {al 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 {al, (b) or (c) as shown by the public record, CLTA STANDARD 19g0 OLD REPUBLIC NATIONAL TITLE iNSURANCE COMPANY SCHEDULEB PART II {The Specific exceptions applicable to the estate or interest covered by the policy should'be typed in this Part II.) General and Special County and City taxes for the fiscal year 1996-97, a lien not yet payable. The llen 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. "None now due and payable". CLTA STANDARD 1990 I ~-' '~L£UCADIA (WOOC(_£Y ROAD) Order: 00000060080 TOF: CS PUEOLA $'T, ~