1995-199926AND WHEN RECORDED, MAIL TO:
City of ~neinitas//Lauren Wasserman
505 S. Vulcan Avenue
Zn¢initae, C4~ 92024
TITLE ORDER NO.: 3.3.3.5739-4
ESCROW NO,: 9E?SS.8-DJ
GRANT DEED
337
SPACE FOR RECORDER'S USE ONLY
The undersigned Grantor(s) declare(s) that the DOCUMENT TRANSFER
TAX iS:~
$ ~ County $ City
×._~_x computed on the full value of the interest of property conveyed, or
__ computed on the full value lees the value of liens or encumbrances
remaining thereon at the time of sale
, OR transfer is EXEMPT from tax for the following 'eason:
FOR A VALUABLE CONSIDERATION, receipt of which Is herabv acknowledged,
Jori N. ~arey, '(who acquired title as Jori Mor~&n Carey) successor Trustee of the Alma R. Carey
Trust, dated October 6, 1987.
hereby GRANT(S) to
City of Eneinitas , a Municipal Corporation
all that real property situated In the City of Encinitas
County of san Diec~o , State of California, described as:
see' Exhibit A for complete ~gal Description
Dated .%~ril 18, 1995
STATE OF CALIFORNIA,
COUNTY OF San O~9~
On Aprl.1 28. 1995
~parhawk.
Jon.~. Carey~
Carey Trust
}
, before me Cher~bka
, Notary Public, personally app~arad
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
Is/ara subscflbed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity(lee), and that,by his/her/the~ signature(s)
on the instrument the person(s), or the .entity upon behalf of
which the person(s) acted, executed the Instrument.
WITNESS my ~t~and_offlol,al seal. , / ,,/)
MAILTAX STATEMENTS TO:
SAM~ AS A~OV~-
338
RESOLUTION 95-53
A RESOLUTION OF TI{E CITY COUNCIL OF
THE CITY OF ENCINITAS, CALIFORNIA,
ACCEPTING THAT PROPERTY LOCATED
AT 540 BALOUR DRIVE, ENCINITAS, CA.
WHEREAS, the City Council, sitting as the Directors of the Encinitas Fke Protection
District, approved on April 26, 1995, the purchase of the real property located at 540 Balour
Drive; and
WHEREAS, the Local Agency Formation Commission approved on May 1, 1995 the
merger of the Eneinitas Fire Protection District with the 'City of Encinitas; and
WHEREAS, Government Code Section 27281 requires that the deeding of any real estate
to a political corporation or governmental agency requires the consent of the public entity
through a resolution of acceptance;
NOW, THEREFORE, BE IT RESOLVED, that the City Council does accept for
recordation the 'ownership of that real property located at 540'Balour Drive, Encinitas, and more
completely described by the attached legal description of the property.
PASSED AND ADOPTED THIS 10th day of May, 1995, by the following vote to wit:
AYES:
Aspell, Bond, DuVivier, Hano
NAYS: None
ABSTAIN: None
ABSENT: Davis
Mayor of the City of Encinitas
ATTEST:
Deborah Cervone, City Clerk
acm\pd\agenda\reso
OEDER NO. 1115739-4
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTN,
RANGE 4 WEST, SAN BEP. NARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY,
APPROVED APRIL 19, 1931, DESCRIBED AS FOLLOWS;
EXCEPTING THEREFROM THAT PORTIONS GPJtNTED TO THE COUNTY OF SAN DIEGO
IN DEED RECORDED MARCH 12, 1968 AS FILE NO. 41268 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER WHICH IS NORTH 89~38'59" WEST 195 FEET FROM THE SOUTHEAST
CORNER THEREOF; THENCE PARALLEL WITH THE EAST LINE THEREOF, NORTH
0°42'38'' EAST 264 FEET; THENCE SOUTH 89°38'59'' EAST 165 FEET TO THE
WEST LINE OF THE EAST 30 FEET OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG SAID WEST LINE, NORTH 0°42'38" EAST
107.23 FEET TO A TANGENT 25.00 FOOT RADIAL CURVE CONCAVE
SOUTHWESTERLY; THENCE COUNTERCLOCKWISE ALONG SAID CURVE 54.09 FEET TO
AN 851 FOOT RADIAL REVERSED CURVE IN THE SOUTHERLY LINE OF THE
RELOCATION OF COUNTY ROAD SURVEY NO. 458, KNOWN AS SAN MARCOS ROAD,
102 FEET WIDE; THENCE ALONG SAID SOUTHERLY LINE WESTERLY ALONG SAID
CURVE, 275.20 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, SOUTH 0°44'46'' WEST 314.22 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH
LINE THEREOF, SOUTH 89°38'59" EAST 134.94 FEET TO THE POINT OF
BEGINNING.
T!04/19/9~ 11!03,2~ V: / / JL 00 PAGE 5
Form No. 134137 Policy Page 1
I~LTA-87)
Plain L~nguage Policy
POLICY OF TITLE INSURANCE
ISSUED UY
First American Title Insurance Company
RESIDENTIAL TITLE INSURANCE One-To-Four Family Residences
OWNER'S COVERAGE STATEMENT
This policyinsuras your titletothe land described in ScheduleA
-- il that land is a one-to-four family residential lot or con-
dominium unit,
Your insurance, as described in this Coverage Statement, is
effective on the Policy Date shown in Schedule A,
Your insurance Is limited by the following:
· Exclusions on page 2 · Exceptions in Schedule S
· Conditions on pages 2 and 3
We insure you against actual loss resulting from:
,~ any title risks covered by this Policy -- up to the
Policy Amount
and
· any costs, attorneys' fees and expenses we have to pay
under this Policy
COVERED TITLE RISKS
This Policy covers the following title risks, it they affect your title on the Policy Date.
1. Someone else owns an interest In your title,
2. A document is not properly signe~, sealed, acknowledged,
or delivered.
3. Forgery, fraud, duresS, incompetency, incapacity or
impersonation,
4. Defective recording of any document.
5, You do not have any legal right of access to and from
the land.
6, There are restrictive covenants limiting your use of the land_
7, There is a lien on your title because of:
· a mortgage or deed of trust
· a judgment, tax, or special assessment
· a charge by a homeowner's or condominium
association
S, There are liens on your title, arising now or later, for labor
an(I material furnished before the Policy Date-- unless you
agreed to pay for the labor and material.
g. Others have rights arising ~t of le~.,.,~s, contracts, or optian.~
10. Someone else has an easement on ycor land.
11. Your title is unmarketable, which allows another person fo
refuse to perform a contract to purchase, to lease or to make a
mortgage loan,
12. You are forced to remove your existing structure -- other
than a boundary wall or fence -- because:
· it extends un te adjoining land ur on to any easement
· it violates a restriction shown in Schedule $
· it violates an existing zoning law
13. You cannot use the land because use as a single-family
residence violates a restriction shown in Schedule B or an
existing zoning law.
14. Other defects, liens, or encumbrances.
COMPANY'S DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in any court case as to that part of the case that is based on a Covered Title Risk insured against by this
Policy. We will pay the costs, attorneys' fees, and expenses we incur in that defense,
We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions,
This Policy is not complete without Schedules A and B.
389608
First American Titk Insurance Company
EXCLUSIONS
In addition to the Exceptions in Schedule Bi you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police pownr, and the existence or violation of any law er government regulation. This includes build.lng and zoning
ordinances and also laws and regulations concerning:
· land use
· improvements on the land
· land division
· environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
· a notice of exercising the right appears in the public records on the Policy Date
· the taking happen~ prior to the Policy Date and is binding an you if you bought the land without knowing of the taking
3. Title Risks
· that are creatu~, allowed, or agreed to by you
· that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records
· that result in no loss to you - .......
· that first affect your title after the Policy Date-- this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack ut a right:
· to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
· in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks,
CONDITIONS
1. DEFiNiTIONS 3.
a_ Easement -- the right of someone else to use your land for a
special purpose.
b. Land-- the land or condominium unit described in Schedule A
and any Improvements on the land which are real property.
~ Mortgage -- a mortgage, deed of trust, trust deed er ether
security instrument.
d. Public Reoords-- title records that give constructive notice of
matters affecting your title -- according to the state statutes
where your land is located.
e~ TINe-- the ownership of your interest in the land, as shown in
Schedule A,
2. CONTINUATION OF COVERAGE
This Policy protects you as long as you:
· own your title
or
· own a mortgage from anyone who buys your land
or
· are liable for any title warranties you make
This Policy protects anyone who receives your title because of
your death.
HOW TO MAKE A CLAIM
a- You Must Give The Company Notice of Your Claim
If anyone claims a right against your insured title, you must
notify us promptly in writing,
Send the notice to First American Title Insurance Company,
114 East Fifth Street, Santa Ana, CA 92701. Please include
the Policy number shown in Schedule A, and the county and
state where the land is located.
Our obligation to you could be reduced if:
· you fail to give prompt notice
and
· your failure affects our ability to dispose of or to defend
you against the claim
b. Proof Of Your Lass Must Be Given TO The Company
You must give us a written statement to prove your claim of
less, This statement must be given to us not later than 90 days
after you know the facts which will let you establish the
amount of your loss.
The statement must have the following facts:
· the Covered Title Risks which resulted in your loss
· the dollar amount of your loss
· the method you used to compute the amount of your loss
on page 3)
Policy Page 2
LEGAL DESCRIPTION
339
OEDER NO.
THE LAND REFERRED TO HEREIN IS SITUATED IN T~.E STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED A~ FOLLOWS:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF TH" SOUTHWEST
Q[~RTER OF THE NORTHWEST QUARTER OF SECTION 1 i, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNI' D STATES GOVERNMENT SURVEY,
APPROVED APRIL 19, 1931, DESCRIBED AS
EXCEPTING THEREFROM TI~T PORTIONS GRA/gTED TO TRE COUNTY O~ SAN DIEGO
IN DEED RECORDED MARCH 12, 1968 A~ FILE NO. 41268 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM T}LAT PORTION DESCRIBED AS FOLLOWS:
~.~;NN~NG AT A POI. ON THE SOUTi/ LINE OF SAID NORTHEAST QUARTER OF
THE SOUTHEAST 'QuA iER oF: THE $6~ST QUOTER 0F T~E NORTHWEST
QUARTER ~ICH IS NORTN B9~38'59. WEST 195 FEET FROM THE SOUTHEAST
CO~NER THEREOF; THENCE P~LEL WITH THE ~ST LiNE ~REOF, NORTH
0~42'38'' EAST 264 FEET; THENCE SO~H 89"38'59" ~RT 1~5 FEET TO THE
WEST LINE OF THE ~T 30 FE~T: OF ~ID SOUTHWEST: QUOTER: OF THE
NORTHWEST QUOTER, ~ENCE ~S~ID[~ST LINE~ EAST
~ 0 ~. 23 FEET TO A :, ~T ~ I~ ~NCAVE
SOUTHWEST~RLY;.~ENCE CO~RC~C~.~ ~NG SAID ~4 ~09 FEET TO
AN 851 FOOT ~IAL RE~S~D ~ IN ~E SO.~ERLY LI~ OF THE
~ELOCATION OF CO~Y RO~ S~Y NO. 4S8, ~O~_' ~ S~ ~COS RO~,
lo2 FEET WIDE; THENCE ~ONG SAID SO~HERLY LINL WESTERLY A~NG SAID
CURVE, 275.20 FEET TO TNE WEST LINE OF ~E NORTH~ST QUOTER OF THE
SOUTHEAST ~J~TER OF TNE SO~EST QU~R OF THE NORT~ST QUOTER;
THENCE ALONG SAID WEST LINE, SOUTH 0"44'46" WEST 314.22 FEET TO TH~
~:;OUTHWEgT CORNER OF THE ~ORTHEAST QUOTER OF THE SO--EAST QUOTER OF
THE SOU~,[WEST QUARTER OF ~JE NCRr~EST QUOTER; THENCE ALONG THE SOUTH
I,iNE THF. EEOF, SOdTH 89~38'59- E~7 134.94 FEE'. TO THE POi'4T OF
~F,<; l NNING.
PAGE 5
City of Encinitas//Lauren Wasserman
505 S. Vulcan Avenue
Encinitas, CA 92024
5050 Avenida Encinas, Suite 100
Cadsbad. CA 92008
Re: Escrow No.: 957818-DJ
In connection with the closing of your escrow, we enclose the following items:
X COPY OF TITL~ POLICY FROM FIRST AMERICAN FOR YOUR RECORDS.
Any documents recorded through this escrow will be mailed direct from county recorder's
office. All other papers or documents not enclosed herein will be forwarded to you later.
We appreciate having had the opportunity to serve you and trust that in the future,
should you need the service of an Escrow company, please allow us to be of service to you.
Should you have any questions, please call us.
Sincerely,
Douglas G. Jones
Escrow Officer
ALTA PLAIN LANGUAGE POLICY
LM SCHEDULE A
ORDER NO.
1115739-4
POLICY NO.: 1115739-4
POLICY AMOUNT $199,000.00
PREMIUM $707.48
POLICY DATE: r4AY 11, 1995 AT 3:28 P.M.
1. NAME OF INSURED:
CITY OF ENCINITAS, A MUNICIPAL CORPORATION
2. YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE
3. THE LAND REFERRED TO IN THIS POLICY iS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE
~~. 1341.87
ALTA PLAIN LANGUAGE POLICY
ORDER NO.
1115739-4
SCHEDULE B
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:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1995-96, A LIEN,
NOT YET PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY,
ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF
THE CALIFORNIA REVENUE AND TAI~ATION CODE AND ANY OTHER
APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
AN EASEMENT FOR USE AND MAINTENANCE THEREON AND ON ANY PART
THEREOF, OF NECESSARY OR CONVENIENT WATER PIPE LINES FOR THE
WATER SERVICE OF SAID ARHAORADJACENTAREAS AND SUPPORTS A/ND
APPURTENANCES OF SAID WATER PIPE LINES CONVENIENT ~
NECESSARY FOR THE PURPOSES AND USES OF SAID IRRIGATION
DISTRICT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGUITO
IRRIGATION DISTRICT, RECORDED JUNE 7, 1937 IN BOOK 660, PAGE
181 OF OFFICIAL RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID
INSTRUMENT.
THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES,
EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF RIGHT OF
WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF
SAID RIGHT OF WAY AS GRANTED IN DEED RECORDED MARCH 12, 1968
AS FILE NO. 41268 OF OFFICIAL RECORDS.
RESERVING UNTO THE OWNER OR ASSIGNS, THE RIGHT AT ANY TIME TO
REMOVE SUCH SLOPES OR PORTIONS THEREOF UPON REMOVING THE
NECESSITY FOR MAINTENANCE OF SUCH SLOPES OR PORTIONS THEREOF,
OR UPON PROVIDING IN PLACE THEREOF OTHER ADEQUATE LATERAL
SUPPORT THE DESIGN A/9'D CONSTRUCTION OF WHICH SHALL BE FIRST
APPROVED BY THE COUNTY ENGINEER OF THE COUNTY OF SANDIEGO FOR
THE FHOTECTIONAND SUPPORT OF SAID HIGHWAY.
SAID DOCUMENT FURTHER RECITES:
PAGE 2
~i. 134'1.87
ALTA PLA'rll' LANGUAGE po'r.'rC¥
OR.DER NO.
1115739-4
"THE GRANTOR FURTHER UNDERSTANDS THAT THE PRESENT INTENTION OF
THE GRANTEE IS TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON
THE LANDS HEREBY CONVEYED IN FEE ANDTHE GRANTOR, FOR HIMSELF,
HIS SUCCESSORS AND ASSIGNS, HEREBY WAIVES ANY CLAIMS FOR ANY
AND ALL DAMAGESTO GR.A.NTOR'S REMAINING PROPERTY CONTIGUOUS TO
THE PROPERTY HEREBY CONVEYED BY R~ASON OF THE LOCATION,
CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF SAID HIGHWAY."
PAGE 3
~ 1341, ~7
~6-87)
ALTA PLAIN LANGUAGE POLICY
ORDZR NO. 1115739-4
EXHIBZT #1#
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TOUNITED STATES GOVERRMENT SURVEY,
APPROVED APRIL 19, 1931, DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM THAT PORTIONS GRANTED TO THE COUNTY OF SAN
DIEGO IN DEED RECORDED MARCH 12, 1968 AS FILE NO. 41268 OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER WHICH IS NORTH 89°38'59" WEST 195 FEET FROM THE SOU/TqEAST
CORNER THEREOF; THENCE PARALLEL WITH THE EAST LINE THEREOF, NORTH
0o42'38'' EAST 264 FEET; THENCE SOUTH 89°38'59" EAST 165 FEET TO THE
WEST LINE OF THE EAST 30 FEET OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG SAID WEST LINE, NORTH 0°42'38" EAST
107.23 FEET TO A TANGENT 25.00 FOOT RADIAL CURVE CONCAVE
SOUTHWESTERLY; THENCE COUlgTERCLOCKWISE ALONG SAID CURVE 54.09 FEET
TO AN 851 FOOT RADIAL REVERSED CURVE IN THE SOUTHERLY LINE OF THE
RELOCATION OF COUNTY ROAD SURVEY NO. 458, KNOWN AS S~ MARCOS ROAD,
102 FEET WIDE; THENCE ALONG SAID SOUT}{ERLY LINE WESTERLY ALONG SAID
CURVE, 275.20 FEET TOT HE WEST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG SAID WEST LINE, SOUTH 0o44'46'' WEST 314.22
FEET TO THE SOUTHWEST CORNER OF THE NORTNEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 89°38'59'' EAST
134.94 FEET TO THE POINT OF BEGINNING.
PAGE 4
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