1995-528523 · RECORDING REQUESTED BY:
CALIFORNIA COAST TITLE
When Recorded Mail Document
and Tax Statement To:
CITY OF ENCINITAS
505 S. Vulcan Ave.
Encinitas, CA 92024
Escrow No, 10978-A
Title Order No..~'-~(i~ ~"/~
APN: _~.~-z/__~G~ -._~oC,
734
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
The undersigned grantor(sD declare?)
Documentary transfer tax is $ ,-"-~ City tax
' I computed on full value of property conveyed, or
r ) computed on f~JII value less value o~,liens .or e.ncumbrances remaining at time of sale,
[ ] Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GERALD W. BELEW AND BEATRICE M. BELEW, HUSBAND AND WIFE
hereby GRANT(S) to
CITY OF ENCINITAS
the following described real property in the City of Eeciaitas
County of San Diego State of California:
Lot 15 of Hillside Acres according to Map thereof No. 1992, filed in the Office of
the County Recorder of San Diego County, January 25, 1927, EXCEPTING therefrom the
Easterly 100 feet thereof, ALSO excepting therefrom the Northerly 374.50 feet.
DATED: October 23, 1995
STATE OF CALIFORNIA
COUNTY OF
ON before me,
personally sppeared
personally known to mo (or proved to me on the
basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized
capacity(les), and that by his/her/their signature(s) on
the instroment the person(s), or thc entity upon
.behalf of which tho person(s) acted, executed the
instrument.
Witness my hand and official seal.
Signature
ALYD W. BEDEW~ / ~
BEATRICE M. BELEW
~NNE'rH E. MARTONE, Cle~
t~e Superior Court in and tot
the Co~y ot San D~eOo, State
In the
......
MAIL TAX STATEMENT AS DIRECTED ABOVE
FD-13 (Rev 4/94)
GRANT DEED
:CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
· , STATE OF CALIFO.RNIA
COUNTY OF, SAN DIEGO )
On ,//_~>,c,~/~f beforeme, SHERILYN B. ROSE, NOTARY PUBLIC
DATE NAJ~IE, 'rlTI.E OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared ....... J,.~,,~:,S ,.~'f~EP. kS ELISOP. FOR ~u~-~l~/ ~ ~:. [~
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(~')-whose name~,) is/~
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ll~ authorized
capacity ,(l~-and that by his/h~11'reir signature(~,on the instrument the pemon'~ or the entity upon behalf of which the
pemon('~acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT .._.~-~'-~,,~ ~'~'~'~ ~ ~'=~
UATE OF DOCUMENT /~O.r~ -- ~'~ NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE JA~E$ RYDER AS [L[SOR YO[
~TATE OF OALIFORNIA, '
co ,w o. /?ICY& ................ }
?36
appeared ...
before me. ~__ ......... ' ....
a Notary Public in and for said County and Slate, personally'
personally known tO me (or proved to rTle on
the basis of satisfactory evidence) io be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/hertthmr
authorized capacity(les), and thal by his/her/their
signature(s) on the instrument 1he person(s), or
the entity upon behalf of which the porsonls)
acted, executed the instrument,
..'/I I.,/..Z/ /
FOR NOTARY SEAL OR STAMP
JEFFREY NOVACK
,SAN DIEGO COUNTY
~oomm e~EB 13,t~
STATE OF CALIFORNIA,
COUNTy OF .__
apPeared ___
, before me ....
, e, Notary Public in and for said County and Slate, personsfly
personally known to me (er proved to me on
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the wilhin Instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacily(ies), and thai by his/her/their
signature(si on the instrument the person(S), Or
lhe entity upon behalf of which the person(si
acted, executed the instrument,
WITNESS my hand and official seal.
Signature
FOe NOTARY SEAL OR STAMP
737
CERTIFICATE OF ACCEPTANCE
BTeiS is to oer~ify tha.t the interest in real property conveyed by
e Deed dated ~d~ 10/2~ 1995 from Gerald W. a~d Beatrice M.
lew to the CITY OF ENCINITAS, a municipal corporation, Ks hereby
accepted by the undersigned officer of behalf of the City of
Enoinitas pursuant to authority confirmed by City Council action on
November 8, 1995 and the Grantee consents to recordation thereby
its duly authorized officer.
Dated:
THE C~,O.;F j~N~N~I_T~Sp3~nicipal corporation
m14810
Coverage
CLTA Standard Coverage -1990
Pe,cy Numb,r FTY 2 6 7 0 3 9
10978-A
Policy shown
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, A Minnesota corporation, herein called the Company, insures, as of Date of
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 ether than as stated therein;
2, Any defect in or lien ur encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as tc an insured lender only:
5. The invalidity er unenforceabiliW of the lien of the insured mortgage upon the title;
6. The priority ef any lien or encumbrance over the lien of the insured mortgage, said mortgage being shewn in Schedule B in the order of its
priority:
7. The invalidity or unenforceabilit7 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 mertgage in the named insured assignee free and clear of all liens.
The Cempany will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the
lien of the insured mertgage, as insured, but only tu the extent provided in the Conditions and Stipulations,
Issued through the office of:
California Coast
Title Company
Aer/~fiz~d Signature
CLTA SLafldard Coverage Policy 1990
Old Republic National Title Insurance Company
;Oi~nSeeaCOo;~ Avenue South ~
' p ', Minq~.~o~rS'~ .?
EXCLUSIONS FROM COVERAGE
The following matters am 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) Anylaw, ordinance or governmental regulation
(including but not limited tn building or zoning laws, ordinances, ar
regulations) restricting, regulating, prohibiting or relating to Ii) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions
or lacation of any improvement new er hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of
the land or any parcel ef 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 of a defect, lien er
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power net excluded by (a)
above, except to the extent that a notice ef the exercise thereof or a
notice of a defect, lien er encumbrance resulting from a violation er
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,
net excluding from coverage any taking which has occurred prior to
Date of Policy which would be binding en the rights of a purchaser for
value without knowledge.
3, Defects, liens, encumbrances, adverse claims or other
matters:
(a) whether or net recorded in the public records at Date of
Policy, but created, suffered, assumed or agreed to by the insured
claimant:
(b) not known to the Company, nnt 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 irrsured claimant prior to
the date the insured claimant became an insured under this policy:
(c) resulting in ne loss er damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss er 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. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date ef Policy, or
the inability or failure of any subsequent owner of the indebtedness, te
comply with the applicable doing business laws of the state in which
the land is situated.
5. Invalidity or unenfomeabibty of the lien ef the insured
mortgage, or claim thereof, which arises out of the transaction
evidenced by 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 Terms.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A. and.
subject to any rights or 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, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or 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 succassur who is an obligor under the
provisions of Section 12(c) of these Conditions and Stipulations
(reserving, however, all rights and defenses as to any successor that
the Company woutd have had against any predecessor insured, unless
the successor acquired the indebtedness as a purchaser for value
without kaowledge of the asserted defect, lien. encumbrance, adverse
claim or 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 er guarantor under
an insurance contract or guarant~ insuring or 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 or damage.
(c) "insured lender": the owner ef 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 er notice which may be imputed to an insured
by reason of the public records as defined in this policy or any other
records which impart constructive notice of matters affecting the land.
(f) "land": the land described or referred to in Schedule
rAJ[C J, and improvements affixed thereto which by law constitute real
property. The term "lend" does not include any property beyond the
lines of the area described or referred to in Schedule lA]lC J, nor any
right, title, interest, estate or easement in abutting streets, roads.
avenues, alleys, lanes, ways or waterways, but nothing herein shall
modifl/or limit the extent to which a right of access to and from the
land is insured by this policy,
(g) "mortgage": mortgage, deed of trust, trust deed. or
other security instrument.
(hi "public records": records established under state
statutes at Date of Policy for the purpose of imparting constructive
notice of matters relating to real I~roperty to purchasers for value and
without knowledge.
(i} "unmarketebgity of the title": an alleged or apparent
matter affecting the title tn the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A or 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) AfterAcquisitionefTitlebylnsuredLender. lfthispolicy
insures the owner of the indebtedness secured by the insured
mortgage, the coverage of this policy shall continue in force as of Date
of Policy in favor of Ii) 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
discharges the lien of the insured mortgage; (ii) a transferee of the
(Continued on insert
OLD REPUBLIC NATIONAL TITLE INSURAN~
400 Second Avenue South
Minneapolis, Minnesota 55401
MPANY
I,]'- * OLD REPUBLIC
13. Arbitration.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant te 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 or the breach
of a policy provision or other obligation. All arbitrable matters when
the Amount of Insurance is $1,00g,rlg0 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 $I,000,000 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 tn 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 tho 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, Liabih'ry Limited to This Policy: Policy Entire Contract.
(a) This policy together with all endorsements, if any,
attached hereto by the Company is the entire policy and contract
be~een 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 of the Company.
15. Severabili~
In the event any provision of the policy is held invalid or unenferceable
under applicable law, the policy shall be deemed not to include that
provision and all other previsions shall remain in full force and effect.
16. Notices, Where Sent.
All notices required to be given the Cnmpany and any statement in
writing required to be furnished the Company shall include the number
of this policy and shall be addressed tn the Company at:
400 Second Avenue South, Minneapolis, Minnesota 55401
Phone (612) 371.1111
not be liable for any loss er damag~
lb) In tbe event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no
liability for lass or damage until tbere has been a final determination
by a court of competent jurisdiction, and disposition of all appeals
therefram, adverse to the title, ar, if applicable, ta the lien of the
insured mortgage, as insured.
(c) The Company shall not be liable for lass or damage to
any insured for liability voluntarily assumed by the insured in settling
any claim or suit without the prior written consent of the Company.
(d) The Company shall not be liable to an insured lender
for:
(i) any indebtedness created subsequent to Date of Policy
except for advances made to protect the lien o¢ the insured mortgage
and secured thereby and reasonable amounts expended to prevent
deterioration of improvements; or
(ii) construction loan advances made subsequent to Date
of Policy, except construction loan advances made subsequent to Date
of Policy for the purpose of financing in whole or in part the
construction of an improvement to the land which at Date of Policy
were secured by the insured mortgage and which the insured was and
continued to be obligated to advance at and after Date of Policy.
9. Reduction of lnsuraeee; Reduction ar Termination of
Liabili~/
la) AIl payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the amount of
insurance pro tanto. However, as to an insured lender, any payments
made prior to the acquisition of title to the estate or interest as
provided in Section 2(a) of these Conditions and Stipulations shall not
reduce pro tante 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.
(b) Payment in part by any person of the principal of the
indebtedness, or any other obligation secured by the insured mortgage,
ar any voluntary partial satisfaction or release of the insured mortgage,
to the extent of the payment, satisfaction ar release, shall reduce the
amount of insurance pro tanto. The 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.
(c) 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, LiabilityNoncumulative.
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, ar taken subjecL or
which is hereafter executed by an insured and which is a charge ar
lien an the estate or interest described ar 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, PaymentofLoss.
(a) No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which ca~ loss or destruction shall be furnished
to the satisfaction of the Company,
Ibl When liability and the extent of loss or damage has
been definitely fixed in accordance with these Conditions and
Stipulations. the loss or damage shall be payable within 30 days
thereafter,
12. Subrog¢tiooUponPaymentar'Sett/ement,
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect te the claim had this policy
not been issued. If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation, The insured claimant shall permit the Company to sue,
corepromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation
involving 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 subrogated (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 loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, in
that event, shall be required to pay only that part of any tosses insured
against by this policy which shall e~ceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the
company's right of subrogation.
(b) The Insured's Rights and Limitations.
No~ithstandiog the foregoing, the owner of the indebtedness secured
by an insured mortgage, provided the priority of the lien of the insured
mortgage er its enforceability is not affected, may release or substitute
the personal liability of any debtor or guarantor, or extend or otherwise
modif~ the terms 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 permkted acts ef the insured claimant occur and
the insured has knowledge of any claim of title or interest adverse to
the title to the e,ctate or interest or the priority or enforceability 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,
(c) The Company's Rights Against Non,insured Obligers.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those
instruments which provide for subrogation rights by reason of this
policy.
The Company's right of subrogation shall not be avoided by
acquisition of an insured mortgage by an obligor (except an obliger
described in Section l(a)(ii) of these Conditions and Stipulations)who
acquires the insured mortgage as a result of an indemnity, guarantee,
(£omioood on b~clr c~ve~)
OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY
SCHEDULE A
Date of Policy: November 21, lgg5
at 8:00 a.m.
Amount of Insurance: $180,000.00
Order No. 5666[
Policy No.: FTY-267039
Charge: $663.00
1. Name of Insured:
CITY OF ENCINITAS
m)
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 in:
CITY OF ENCINITAS
The land referred to in this policy is sltuated in the State of California,
County of San Diego, and described as follows:
SEE LEGAL DESCRIPTION ATTACHED
Countersigned and Validated
~./~..~_~~ ~ Z~ALIFORNIA CO.,~.,AS.T TITLE
AUTHORIZED(BEPRES£NTAT[VE ........
CLTA STANDARD 1990
ORDER NO. 56661-A
LEGAL DESCRIPTION
Lot 15 of Hillside Acres, in the County of San Diego, State of California
according to Map thereof No. 1992, filed in the Office of the County Recorder of
San Diego County, January 25, 1927.
EXCEPTING THEREFROM the Easterly 100.00 feet.
ALSO EXCEPTING THEREFROM the Northerly 374.50 feet.
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 I
1. Taxes or essessments 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 by making
inquiry of 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, (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 1990
OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY
SCHEDULE B
PART II
(The specific exceptions applicable to the estate or interest covered by the
policy should be typed in this Part II.)
General and
Installment
Delinquent.
special County and City taxes for the fiscal year 199S-96, First
PAID, Second Installment OPEN, a lien now payable, but not yet
Any unpaid and/or delinquent bond or assessment amounts due which may have
been removed from the rolls of the County Tax Assessor and which may have
been removed from tax bills and tax default redemption amounts.
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. "None now due and payable".
The recital contained on the map of said land which agrees to allow the
cross-arms of poles or similar structures placed along the right of way of
certain highways to hang over the abutting land.
An easement affecting the portion of sald land and for the purposes stated
herein and incidental purposes for ingress and egrress for road purposes and
for pipelines and utilities, in common with others, granted in deed,
recorded February 27, 1953 in Book 4763. page Bll of Official Records.
Affects over the Westerly 14 feet of the Easterly 114 feet of the South half
of said Lot 15.
An easement for poles, wires, and anchorage for the transmission and
distribution of electricity and incidental purposes, as granted to San Diego
Gas and Electric Company, by deed recorded January 26, 1960 as File No.
16510 of Official Records. Affects as follows:
The centerline of said 12 foot right of way is particularly described as
follows: Beginning at a Point on the Southerly line of said Lot 15, distant
thereon South 89°54'30" East 78.38 feet from the Southwest corner thereof;
thence from said POINT DF BEGINNING, North 20049'30'' East, 24.56 feet;
thence North 3°42' East 188.38 feet; thence North D°36' East to the Easterly
line of the above described property.
Grantor therein covenants for himself, successors and assigns not to place
or maintain any building or structure on said easement.
An easement for gas pipe lines and Incidental purposes as granted to San
Diego Gas and Electric Company by deed recorded January 26, 196D as File No.
16517 of Official Records. Affects over the Easterly 14 feet of the
Southerly 265 feet of said land.
Grantor therein covenants for himself, successors and assigns not to place
or maintain any building or structure on said easement.
CLTA STANDARD 1990
OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY
ATTACHED TO AND FORMING A PART OF POLICY NO, FTY-267039
ENDORSEMENT
1. This endorsement shall be effective only if at Date of Policy there is
located on the land described in said Policy a single family residential
structure, in which the Insured Owner resides or intends to reside, For the
purpose of this Endorsement the term "residential structure" is defined as
including the principal dwelling structure located on said land together with
all improvements thereon related to residential use of the property, except
plantings of any nature, perimeter fences and perimeter walls, and the term
"insured Owner" is defined as any insured named in paragraph 3 of Schedule A
and. subject to any rights or defensed the Company may have had under said
Policy and all indorsements, such insured's heirs, distributees, devisees,
survivors, personal representatives or next of kin.
2. The Company hereby insures the Insured Owner of the estate or interest
described in Schedule A against loss or damage which the Insured Owner shall
sustain by reason of:
a. the existence at Date of Policy of any of the following matters:
{1) lack of a right of access from said land to a public street
{2) any statutory lien for labor or material attaching to said estate
arising out of any construction or improvement on said land in progress or
completed at Date of Policy, except those liens arising out of a work of
improvements for which the insured has agreed to be responsible.
b. the removal of the residential structure or interference with the use
thereof for ordinary residential purposes as the result of a final Court Order
or Judgment, based upon the existence at the Date of Policy of:
{1) any encroachment of said residential structure or any part thereof
onto adjoining lands, or onto any easement shown as an exception in Part II of
Schedule B of said policy, or onto any unrecorded subsurface easement:
{2) any violation on the land of any enforceable covenants, conditions or
restrictions, provided that this coverage shall not refer to or include the
terms, covenants and conditions contained in any lease, sub-lease, or contract
of sale referred to in this Policy:
{3) any violation of applicable zoning ordinances to the extent that
such ordinances regulate {al area, width or depth of the land as a building site
for the residential structure from the property lines of the land; or (d) height
of the residential structure.
c. damage to the residential structure resulting from the exercise of any
right to use the surface of said land for the extraction or development of ' .......
minerals, if minerals are excepted from the description of said land or shown as
a reservation in Schedule B.
The total liability of the Company under said Policy and all Endorsements
attached thereto shall not exceed, in the aggregate, the amount of said Policy
and costs which the Company is obligated under the conditions and stipulations
thereof to pay; and nothing contained herein shall be construed as extending or
changing the effective date of said Policy,
This Endorsement is made a part of said Policy and is subject to the
schedules, conditions and stipulations therein, except as modified by the
provisions hereof.
Signed and sealed this 21st day of November, 95.
Countersigned: CALIFORNIA COAST TITLE
By~ . .. ~ ~ R.L. MONTGOMERY
Author{~F/ed S~natory
CLTA Form 126-Single Family {6-5-75)
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