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, ~