2008-592076Recording Requested By:
San Dieguito Water District
When Recorded Mail to:
San Dieguito Water District
P.O. Box 231010
Encinitas, CA 92023-1010
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON NOV 14.2008
DOCUMENT NUMBER 2008-0592076
GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
TIME: 9:09 AM
1 SPACE ABOVE FOR RECORDER'S USE
AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES
AGREEMENT NO. A-0083
Assessor's Parcel
Nos. 266-053-26
THIS AGREEMENT is made and entered into this '7 TH day
of" N0✓eM3ER 2008, by and between San
Dieguito Water District, hereinafter called District, and Patricia
K. Applegate, as to a 500 ownership interest, and Brion B.
Applegate, as to a 50% ownership interest, as tenants in common,
hereinafter called Owner. Whereas the Owner owns the property
described in Exhibit `A' attached herein. Furthermore, an
agreement is made by and between Owner and Chicago Title
Insurance Company, hereinafter called CTIC, in order to establish
fiduciary responsibility for installation of the project
described herein.
A. In the near future, Owner desires to relocate an existing
water main which transverses his property.
B. District will own and operate such facilities, if
constructed in the manner set forth herein.
C. The parties desire, by this Agreement, to provide for the
construction and completion of such facilities.
NOW THEREFORE,. it is agreed:
NOTE: ALL REFERENCES TO "OWNER" WITH REGARDS TO INSTALLATION AND
COST OF INSTALLATION OF THIS PROJECT, SHALL BE THE RESPONSIBILITY
OF CTIC.
1
1. Owner hereby agrees, at his own cost and expense, to
furnish all labor, equipment, and material to perform and
complete, and within 365 days from the date of this Agreement by
District, to perform and complete in a good workmanlike manner,
according to the plans SDWD Improvement Plan No. W07-280 and made
a part of this Agreement, and in accordance with other special
conditions noted in District Exhibit "B" on file at the office of
District an any other plans or specifications referred to in this
Agreement, the following subdivision improvements; water
facilities as shown on the plans and in accordance with District's
standard specifications and any other plans or specifications
referred to by this Agreement or referred to in the attachments.
(Exhibit "B")
2. Owner agrees that the work shall be done by a Class "A"
or "C-34" licensed contractor, and that the work shall be subject
to inspection by and to the satisfaction of District and the
improvement shall not be deemed complete until approved and
accepted in writing by the District. The estimated cost of said
water facilities in the sum of Forty-seven Thousand Eight Hundred
and Ninety-four Dollars ($47,894.00) Owner's obligation under
this Agreement extends to the completion of improvements, as
hereinabove set forth, and is not limited by the amount of the
cost estimate. Owner further agrees that the cost estimate is an
estimate only, not intended to constitute liquidated damages or a
limitation on the obligations of Owner. District shall be allowed
to inspect the facilities during all stages of construction.
District shall be notified a minimum, of 48 hours prior to the
commencement of construction. After completion of the facilities
in accordance with the approved plans and specifications, and not
less than 35 days after the filing of a "Notice of Completion" by
District; the facilities shall he considered as donated to
District and shall be owned and operated by District, if accepted
by District. District will not file a Notice of Completion unless
they are free of mechanic's liens. Owner shall furnish to
District satisfactory proof (ordinarily in the form of a title
company report) that no liens were filed against the project prior
to the expiration of the lien period.
3. Monuments and stakes previously installed which are
removed, altered, or destroyed prior to the completion of the
improvements and their acceptance by District shall be installed
by Owner within 30 days after such acceptance by District.
4. Owner shall convey to District easements, using the
District Form of Easement covering the property in which the water
facilities are located at all instances where the facilities are
2
not located in a dedicated street. Owner shall have his Engineer
provide District with a legal description and an 8 1/2" x 11" plat
of easements. The plat shall be a reproducible transparency with
District's title block and shall fully locate and describe the
easement.
5. Owner shall pay to District
Agreement and prior to commencement of
amount of the cash deposit set forth in
engineering, construction inspection,
materials furnished and for other Di
charges.
upon execution of this
any work hereunder, the
District Exhibit "B" for
right-of-way expenses,
strict work and special
6. Owner shall, at Owner's expense, obtain all necessary
permits and licenses for the construction of the water
improvements and give all necessary notices and pay all fees and
taxes required by law.
7. The water facilities constructed by Owner shall be
connected by Owner to the existing water lines of District in a
manner approved by District. If water facilities are constructed
in private streets, the streets shall be curbed and/or constructed
such that no damage to paving, structures or landscaping will
result from full flow fire hydrant testing or from failure of
District's water facilities. The developer and/or contractor
shall submit a shutdown request to the San Dieguito Water District
at least seven (7) calendar days in advance of a shutdown. A
detailed written procedure including a list of personnel, name of
supervisors and equipment to be used shall also be submitted to
the San Dieguito Water District. The procedure, including
personnel, supervisors and equipment, must be approved by the San
Dieguito Water District prior to scheduling the shutdown. The
District can cancel any previously approved shutdown due to the
weather and/or system operation considerations. Filing of a
Notice of Completion shall net he accomplished tintil, the following
requirements have been complied with:
a.) All work has been completed in accordance with the
plans and specifications, all gate wells have been set flush
with the street surface, and meter boxes set to finish grade;
b.) A set of original plans (Mylar prints), corrected to
conform with the work as constructed, has been submitted to
the District.
8. The water facilities shall be operated by District in
accordance with the rules and regulations of the District. Meter
3
costs are not included in the estimated cost of water facilities
and shall be paid by Owner, in accordance with District's rate
schedule, as it from time-to-time exists. Water for construction
purposes will be provided in accordance with District's Rates and
Rules and Standard Practices.
9. District shall not, nor shall any officer or employee
of District be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements
specified in this Agreement prior to the completion and acceptance
of the same, nor shall District, nor any officer or employee of
District, be liable for any persons or property injured by reason
of said work or improvements, but all of said liabilities shall be
assumed by Owner, who agrees to indemnify and save harmless
District and the officers and employees of District from and
against any and all claims, demands, losses, costs, and causes of
action of any nature, and any expense incident to defense thereof
(including attorney's fees), for injury to or death of persons or
damage to property arising out of the construction of the water
facilities. Owner further agrees to protect District and the
officers and employees of District from all liability or claims
because of, or arising out of, the use of any patent or patented
article in the construction of said improvements. The Owner shall
cause the contractor to file with the District "Certificates of
Insurance" indicating that the following coverage is in effect:
a.) An original certificate of insurance naming the San
Dieguito Water District as certificate holder and
additionally insured with a minimum public liability limit of
$1,000,000 for each occurrence and aggregate for combined
bodily injury and property damage.
10. District shall not, nor shall any officer or employee
of District, be liable for any portion of the expense of the
aforesaid work or for the payment of any labor or materials
furnished in connection therewith.
11. Owner shall furnish to District good and sufficient
security in the form of cash deposit, a letter of credit or other
security as approved by the District in the amount of 100% of the
estimated costs of improvements, to assure faithful performance of
this Agreement in regards to said improvements.
12. District may make changes, alterations or additions to
the improvement plans and specifications, not-to-exceed 10% of the
original estimated costs of the improvements. Owner shall provide
additional security in a form satisfactory to the District, in an
4
amount equal to 1000 of the total estimated cost of the
improvements, as changed, altered or amended; this amount may be
adjusted by the amount of work completed and any partial releases
already made. All such changes, alterations, or additions shall
not relieve the Owner of his improvement security given for the
faithful performance of this Agreement.
13. In the event it is deemed necessary to extend the time
of completion of the work contemplated to be done under this
Agreement, said extension may be granted by District-and shall in
no way affect the validity of this Agreement or release the
improvement security given for the faithful performance of this
Agreement.
14. Owner shall, and hereby does guarantee all work for a
period of one year after date of filing of a Notice of Completion
by District, and shall repair or replace any and all such work,
together with any other work which may be displaced in so doing,
that may prove defective in workmanship and/or materials within a
one-year period from date of filing of a Notice of Completion by
District without expense whatsoever to District, ordinary wear and
tear, unusual abuse or neglect excepted. District will give
notice of observed defects with reasonable promptness.
Owner shall notify District upon completion of repairs.
In the event of an emergency, District may make the repairs and
Owner shall be liable for expenses incurred. In the event Owner
fails to comply with District's request for correction within one
week after being notified in writing by District, District is
hereby authorized to proceed to have the defects repaired and make
good at the expense of Owner, who hereby agrees to pay the cost
and charges therefore, immediately upon demand. In the event
District elects to repair the defective work, such action by
District will not relieve Owner of the guarantees provided in this
paragraph.
15. Owner shall furnish to District good and suffic-:iPnt
security, in the form of cash deposit, letter of credit or other
security as approved by the District, in the amount of 250 of the
estimated total cost of the improvements, to secure Owner's
guarantee and warranty for a period of one year following the
acceptance by District against any defective design work or labor
done or defective materials furnished.
16. The plans provided for in this contract conform to the
current standards of the San Dieguito Water District. The
developer will be required to conform to the standards applicable
5
on the date upon which construction is commenced on the
development if construction is not commenced within six months of
the date of the execution hereof by the San Dieguito Water
District.
17. The water meter fees including installation and
capacity, are established from time-to-time by the Board of
'Directors of San Dieguito Water District and San Diego County
Water Authority. The developer will be required to conform to the
installation and capacity fees, which are applicable on date of
payment. Construction will not be allowed to commence until all
water fees have been received'.
18. Owner agrees to install water facilities as called for
on s ned improvement plans.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day first above written.
SAN DIEGUITO WATER DISTRICT
w~
teneral- Manager 11 .7 _ 08
Lawrence A. Watt
OWNER/DEVELOPER
atricia K. Ap legat
. 4
Bri n pplegate
- Z U
v ~sf~
Representa ive of
Chicago Title Insurance Company
NOTARIZATION REQUIRED
6
EXHIBIT "A"
LEGAL DESCRIPTION
Page 1
Order No. 48010609A
ALL THAT PORTION OF LOT 9 IN BLOCK 24 OF RANCHO SANTA FE, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742 FILED IN THE -
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1922 DESCRIBED
AS FOLLOWS,
BEGINNING AT. THE MOST EASTERLY CORNER OF SAID LOT 9; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT SOUTH 370 27' 20" WEST 525.57 FEET TO AN ANGLE
POINT IN THE NORTHERLY BOUNDARY LINE OF LAND DESCRIBED IN DEED TO FRANCES NOYES
HART;,- RECORDED APRIL 27, 1942 IN BOOK 1344, PAGE 108 OF OFFICIAL RECORDS; THENCE
ALONG THE BOUNDARY OF SAID LAND NORTH 869 26' 40" WEST 293.52 FEET (RECORD NORTH
860 30' 53" WEST 293.80 FEET) AND SOUTH 460 54' 10" WEST 150.08 FEET (RECORD
SOUTH 460 50' WEST) TO THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN DEED
TO CARL D. VIENNA,-ET UX, RECORDED OCTOBER 8, 1963 AS FILE NO, 179628 OF
OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 46° 54' 10" WEST
268.45 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN DEED
TO J. E. COBERLY, INC., RECORDED OCTOBER 4, 1972 AS FILE NO. 266049 OF OFFICIAL
RECORDS, SAID POINT DISTANT THEREON 129.86 FEET NORTHWESTERLY OF THE MOST
SOUTHERLY. CORNER THEREOF; THENCE NORTH 640 43' 17" WEST 456.30 FEET TO A POINT ON
THE NORTHWESTERLY LINE OF SAID LOT 9 AND BEING ON THE TERMINUS OF A 1020.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 70 50' AS SHOWN AND
DELINEATED ON THE MAP OF SAID RANCHO SANTA FE;. THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE AND THE NORTHWESTERLY LINE OF SAID LOT 9 A DISTANCE OF 139.45
FEET; THENCE TANGENT TO SAID CURVE NORTH 46" 50' 00" EAST ALONG THE NORTHWESTERLY
LINE OF SAID LOT 9 A DISTANCE OF 260.00 FEET MORE OR LESS TO THE MOST WESTERLY
CORNER OF SAID VIENNA'S LAND; THENCE SOUTH 489 16' 09" EAST ALONG THE
SOUTHWESTERLY LINE OF SAID VIENNA'S LAND A DISTANCE OF 416.85 FEET TO THE TRUE
POINT OF BEGINNING.
7
EXHIBIT "B"
1. The Owner/Developer to provide for the installation of the
below listed water facilities.
2. No facilities will be installed prior to the execution of
Agreement to Improve Development Water Facilities.
3. No facilities will be installed prior to the acceptance by
the District of: (a.) Good and Sufficient Security (b.)
Certificate of Insurance.
4. Improvement plans shall not be signed as approved by the
District, prior to the stipulations spelled out in
Paragraphs 1 through 4, with the exception of fees and
deposits designated by the asterisk which are required
prior to installation/construction.
5. Developer to provide for compaction testing per
requirements of San Dieguito Water District.
6. Developer to provide for construction staking and surveying
for the proposed water facilities.
7. Owner to install the water facilities listed in Paragraph 8.
8. INSTALLATIONS:
a.) 16" PVC C-905 DR-25 $ 36,490
b.) 30''x1611 Reducer $ 1,050
c.) Concrete Thrust Block $ 6,000
d.) 10% Contingency $ 4,354
e.) $
f.) $
g-) $
h.) $
i.) $
Total Estimate: $ 47,894
9. IMPROVEMENT SECURITY:
a.) Improvement of Security, 100% $ 47,894.00
10. INSPECTION DEPOSIT:
a.) Inspection drawdown fund, 7.5% of ACE $ 3,600.00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo
County of
before me,
personally appeared < C
BRM MONIICA WK
CommWOon # 16"'M
Notary NrWc - Ga11oift
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Mlt►Gaere-i~lr~0ief t,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) as are subscribed to the
within instrument and acknowledged to me that
he/they executed the same in his/ heir authorized
capacity(ies), and that by his/Qheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct"
WITN
Place Notary Seal Above
i
Here Insert Name and Title o the Officer
Name(s) of Signer(s)
Signatu
OPTIONAL
seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
Title or Type of Document: T TO /P~P0 VC ~-C VC( 0~ P E/~,7 - 6¢7E/4 7-,N f ~rTi
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Document Date: Number of Pages:
Signer(s) Other Than Named Above: Z { JPL-C C f{ 1
Capacity(ies) Claimed by Signer(s)
Signer's Name: fT (C i
X Individual
❑ Corporate Officer -Title(s): -
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
'4L-'✓_64 / Signer's Name:
❑ Individual
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❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91 31 3-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
govt M (4 ~w
On « q b before me,
Date
nPrsonally anneared
I)I~lu 10 L G DO
am m mn t 1629831
"OkX f P We - CaMomld _
fan mcfto Counil!y
&*Comm. FxpMSi Jan 11.201
Place Notary Seal Above
Here Insert Name and Title ot the Officer
who proved to me on the basis of satisfactory evidence to
be the persons} whose name{s} is/ace subscribed to the
within instrument and acknowledged to me that
he/shetthey executed the same in hisfliefAkeir authorized
capacity(ies), and that by hisAier/t#eir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y and official seal.
Signature
U Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~ '1MID~/B`1~i1 ' INiOWy Aejl ~ro /k Mk NO. ok -ftf$
Document Date: fl$n Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: WVIA t W"& Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of C
On Gnu before me, Z_ -5:J4 ,
(Here insert name and title of the officer)
personally appeared 24L1y
who 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
L. A. WEIAND KOLESA
Commission # 1719916
Notary Public - CaltIonoo
Contra Cotta County
W CORM &PW Jul 7, 2011 +
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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(Title or description of attached document)
(Title or description of attached document continued)
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Number of Pages b Document Date ~ /
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(Additional information) ✓~~X~IGT
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3
CAPACITY CLAIMED BY THE SIGNER
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Individual (s)
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Corporate Officer
(Title)
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Partner(s)
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Attorney-in-Fact
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Trustee(s)
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Other
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2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
CHICAGO TITLE COMPANY
PRELIMINARY REPORT
Dated as of: April 6, 2006 at 7:30 AM
Reference: 29040095-DV Order No.: 48010609A - P05
Regarding: LA NORIA
RANCHO SANTA FE, CALIFORNIA
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as
of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of title Insurance policy and should be carefully considered. It Is Important to
note that this preliminary report is not a written representation as to the condition of title and may not list all liens,
defects and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR
COMMITMENT SHOULD BE REQUESTED
The form of policy of title insurance contemplated by this report is:
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98)
Visit Us On The Web: chicagotitle. com
Title Department:
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #600
SAN DIEGO, CA 92108
(619)521-3448 fax: (619)521-3629
Sheila Hollander
TITLE OFFICER
HollanderS@CTT.com
PFP --08/05/99bk
SCHEDULE A
Order No: 48010609A POS Your Ref: 29040095-DV
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
PATRICIA K. APPLEGATE, AS TO A 50% OWNERSHIP INTEREST, AND BRION B.
APPLEGATE, AS TO A 50% OWNERSHIP INTEREST, AS TENANTS IN COMMON
3. The land referred to in this report is situated in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
PREA -10/31/97bk
Page 1 DESCRIPTION
Order No. 48010609A
ALL THAT PORTION OF LOT 9 IN BLOCK 24 OF RANCHO SANTA FE, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1922 DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 9; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT SOUTH 370 27' 20" WEST 525.57 FEET TO AN ANGLE
POINT IN THE NORTHERLY BOUNDARY LINE OF LAND DESCRIBED IN DEED TO FRANCES NOYES
HART, RECORDED APRIL 27, 1942 IN BOOK 1344, PAGE 108 OF OFFICIAL RECORDS; THENCE
ALONG THE BOUNDARY OF SAID LAND NORTH 860 26' 40" WEST 293.52 FEET (RECORD NORTH
860 30' 53" WEST 293.80 FEET) AND SOUTH 460 54' 10" WEST 150.08 FEET (RECORD
SOUTH 460 50' WEST) TO THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN DEED
TO CARL D. VIENNA, ET UX, RECORDED OCTOBER 8, 1963 AS FILE NO. 179628 OF
OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 460 54' 10" WEST
268.45 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN DEED
TO J. E. COBERLY, INC., RECORDED OCTOBER 4, 1972 AS FILE NO. 266049 OF OFFICIAL
RECORDS, SAID POINT DISTANT THEREON 129.86 FEET NORTHWESTERLY OF THE MOST
SOUTHERLY CORNER THEREOF; THENCE NORTH 640 43' 17" WEST 456.30 FEET TO A POINT ON
THE NORTHWESTERLY LINE OF SAID LOT 9 AND BEING ON THE TERMINUS OF A 1020.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 70 50' AS SHOWN AND
DELINEATED ON THE MAP OF SAID RANCHO SANTA FE; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE AND THE NORTHWESTERLY LINE OF SAID LOT 9 A DISTANCE OF 139.45
FEET; THENCE TANGENT TO SAID CURVE NORTH 460 50' 00" EAST ALONG THE NORTHWESTERLY
LINE OF SAID LOT 9 A DISTANCE OF 260.00 FEET MORE OR LESS TO THE MOST WESTERLY
CORNER OF SAID VIENNA'S LAND; THENCE SOUTH 480 16' 09" EAST ALONG THE
SOUTHWESTERLY LINE OF SAID VIENNA'S LAND A DISTANCE OF 416.85 FEET TO THE TRUE
POINT OF BEGINNING.
SCHEDULE B
Page 1
Order No: 48010609A P05 Your Ref: 29040095-DV
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2006-2007 THAT ARE A LIEN NOT YET DUE.
B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2005-2006
1ST INSTALLMENT: $8,515.43 (PAID)
2ND INSTALLMENT: $8,515.43, OPEN
PENALTY AND COST: $861.54 (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: $NONE
CODE AREA: 71080
ASSESSMENT NO: 266-053-26
C 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
D 4. COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATIONS AS CONTAINED IN
THE RANCHO SANTA FE PROTECTIVE COVENANT NO. 1 RECORDED FEBRUARY 9, 1928
IN BOOK 1412, PAGE 436 OF DEEDS AND IN AMENDMENTS THEREOF AND SUPPLEMENTS
THERETO OF RECORD, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL
ORIGIN.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT NOR
RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD
FAITH AND FOR VALUE.
SAID INSTRUMENT ALSO PROVIDES FOR ASSESSMENTS LEVIED BY THE RANCHO SANTA
FE PROTECTIVE ASSOCIATION WHICH ASSESSMENTS SHALL BE SUBORDINATE TO THE
LIEN OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
E NOTE: IF YOU SHOULD REQUEST A COPY OF THE DOCUMENT REFERRED TO ABOVE,
CALIFORNIA LAW REQUIRES THAT A COUNTY RECORDER, TITLE INSURANCE COMPANY,
ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT, OR ASSOCIATION
THAT PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT, OR DEED TO ANY
PERSON SHALL PLACE A COVER PAGE OVER, OR STAMP ON THE FIRST PAGE OF THE
PREVIOUSLY RECORDED DOCUMENT OR DOCUMENTS A STATEMENT, IN AT LEAST
14-POINT BOLDFACE TYPE, RELATING TO UNLAWFUL RESTRICTIONS.
PREB -10/31/97bk
SCHEDULE B
Page 2 (continued)
Order No: 48010609A P05 Your Ref: 29040095-DV
F EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SANTA FE IRRIGATION DISTRICT
PURPOSE: WATER PIPELINES, TOGETHER WJTH THE R~ T OF INGRF~$S
AND EGRESS
RECORDED: JUNE 26, 1924 IN BOOK 65, PAGE 341 OF MISCELLANEOUS
RECORDS
c THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
H 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGUITO IRRIGATION DISTRICT
PURPOSE: A PIPE LINE OR/PIPE LINES
RECORDED: APRIL 14, 1950, IN BOOK 3581, PAGE 282, OFFICIAL
RECORDS ~AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
r 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS & EL CTRIC COMPANY /
PURPOSE: PUBLIC UTILITIES, NGRESS AND EGRESS
RECORDED: NOVEMBER 1, 1982 AS FILE NO. 82-335905, OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
s 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: THE PACIFIC TELERHONE AND TELEGRAPH CO/PANY
PURPOSE: PUBLIC UTILITIE , INGRESS AND EGRESS /
RECORDED: APRIL 25, 1983 AS FILE NO. 83-132338, OFFICIAL RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
K 9. THE TERMS, CONDITIONS AND EASEMENTS, IF ANY, SET FORTH IN A ROAD
MAINTENANCE AGREEMENT RECORDED JANUARY 19, 1990 AS FILE NO. 90-032465, OF
OFFICIAL RECORDS.
r, 10. A COVENANT AND AGREEMENT
PRELIMBC-9/23/93bk
SCHEDULE B
Page 3 (continued)
Order No: 48010609A P05 Your Ref: 29040095-DV
EXECUTED BY: JOSEPH E. COBERLY JR., J. E. COBERLY, INC., CHARLES H.
BRANDES AND LINDA F. BRANDES
IN FAVOR OF: RANCHO SANTA FE ASSOCIATION
RECORDED: JANUARY 19, 1990 AS FILE NO. 90-032466, OFFICIAL
RECORDS
rr 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED T0: RANCHO SANTA FE AS CIATION
PURPOSE: HORSEBACK RIDING D HIKING TRAIL
RECORDED: JANUARY 19, 1990 S FILE NO. 90-032467, OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
rr 12. RECORD OF SURVEY MAP NO. 13555, RECORDED DECEMBER 5, 1991, AS FILE NO.
1991-628131 OFFICIAL RECORDS WHICH DISCLOSES VARIANCES FROM THE RECORD
LEGAL DESCRIPTION OF SAID LAND.
REFERENCE IS MADE TO SAID MAP FOR FURTHER PARTICULARS.
0 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: J.E. COBERLY, JR., RUSTEE UNDER TRUST DATED piARCH 24,
1975
PURPOSE: SEWERLINE PURPOS
RECORDED: DECEMBER 2, 1992 AS FILE NO. 1992-0772851, OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
P 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: J.E. COBERLY, JR., TRUSTEE UNDER TRUST DATED/~ RCH 24,
1975 / /
PURPOSE: SEWERLINE
RECORDED: OCTOBER 14, 1993, AS FILE NO. 1993-0686466 OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
PREIIMBC-9/23/93bk
Page 4 SCHEDULE B
(continued)
Order No: 48010609A P05 Your Ref: 29040095-DV
0 15. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW.
VESTEE: PATRICIA K. APPLEGATE
R 16. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW.
VESTEE: BRION B. APPLEGATE
Y 17. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
s END OF SCHEDULE B
T NOTE NO. 1 : THE LAND REFERRED TO IN THIS PRELIMINARY REPORT WAS
IDENTIFIED IN THE ORDER APPLICATION ONLY BY STREET ADDRESS OR ASSESSOR'S
PARCEL NUMBER. THIS LAND HAS BEEN LOCATED ON THE ATTACHED MAP. THE USE OF
A STREET ADDRESS OR ASSESSOR'S PARCEL NUMBER CREATES AN UNCERTAINTY AS TO
THE'CORRECT LEGAL DESCRIPTION FOR THE LAND INVOLVED IN YOUR TRANSACTION.
PLEASE REVIEW THE MAP. IS THE CORRECT LAND LOCATED ON THE MAP? IF YOUR
TRANSACTION INVOLVES OTHER LAND OR MORE LAND OR LESS LAND THAN THAT LOCATED
ON THE MAP YOU SHOULD IMMEDIATELY ADVISE YOUR TITLE OFFICER OR ESCROW
OFFICER.
U NOTE NO. 2: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF
DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT
SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE
TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON.
PARTIES: BUYERS
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH
AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES
MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH
APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE
SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS
ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
v NOTE NO. 3: THE CURRENT OWNER DOES NOT QUALIFY FOR THE $20.00 DISCOUNT
PURSUANT TO THE COORDINATED STIPULATED JUDGMENTS ENTERED IN ACTIONS FILED
BY BOTH THE ATTORNEY GENERAL AND PRIVATE CLASS ACTION PLAINTIFFS FOR THE
HEREIN DESCRIBED PROPERTY.
w NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH
THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR
CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD
PRELIMBC-9/23/93bk
SCHEDULE B
Page 5 (continued)
Order No: 48010609A P05 Your Ref: 29040095-DV
PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE
BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD
FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED.
NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS
FOLLOWS:
BANK OF AMERICA
1850 GATEWAY BOULEVARD
CONCORD, CALIFORNIA
ABA 0260-0959-3
CREDIT TO CHICAGO TITLE DEPOSITORY ACCOUNT
NO. 12351-50751
FURTHER CREDIT TO ORDER NO: 48010609A
ATTN: SHEILA HOLLANDER
TITLE OFFICER
JN
PRELIMBC-9/23/93bk
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential
property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you do not
have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in
this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must inform the Company of the earlier transaction, provide the address of the property involved
in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide
the Company information concerning a prior transaction, the Company is required to determine if you qualify for
a discount.
AGN 11 /22/04 AA
CHICAGO TITLE INSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others;
* From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
* to agents, brokers or representatives to provide you with services you have requested;
* to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
* to others with whom we enter into joint marketing agreements for products or services that we
believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right To Access Your Personal Information And Ablllty To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.
We apologize for any inconvenience this may cause you.
PRIVACVT 10/21 /03 AA
~'MISCELLANEOUS BOOK ~
HgM 57
TUTS Il1DWITURS made and enterad tnto'thlo :10th day of JUuG, IM, M
by and between the OASTA rLAND COICPARY, a Callfornla, oarporatinn, Iirnt party VOW
hereinafter called the Land Company, and the SANTA PA IRRIOATIC3 DISTRICT, n body palltio rip
a
ai,~~QerCenly org~niesd
un er trio awe of the State of Calltarnia, second party, horalnnftcr sailed i ~ , _
the Dit triat, - ,
A.RTIL`I,H f.
IN 0ORSIDIC4A=0:I of the atim of 7'a!t (16) Dollars, lxwtal money of the
United Stataa, to It In hand pnld by tho Di■triat, the rooolpt whereof is hereby aak,ew- N
x
lodged. the Tani OotDanY hsreb ~ r,
y grafts, oa,veyS, sells and transfers, unto the Dlatrlat r"
its su00044oro and aisI na W.4 ~
~ g . property and rights ieacribod as follows; fq
_ FIHIM All those certain water plpo linen shown upon the map or plat '
ly hereto attached marked Rxhibit A, hereby refet•red to and made a part hereof., oxuopt the pipe A
1 lino ohoxn In red thereon dosignata4 upon Said mar or plat and commonly known nu "The Old .
Gravity Line.* rt .
SSCMIM The right-of-say and easement necessary to maintain and operate O
each at the pipe linen above mentloned, exoapt eald OraTity Liao, together with the right p '
Of Ingreda end egress to and from said pLpo linen to such an extent as may be ndoesaary to a
;parmlt the District. Its agents and a awloy_gj.eagagedr, In the meiatsnanos, operation and 'v
tvpsir-of sa13.•pips.lines, to maintain, operate and repair the same, provided, however, that
IsL zight'of b4ress and egress must at all times be o,!orcise3 In such way ae to do the !oast..';''
oselblo;'dam4q o ths,land, plantings, and improvements thoreupon, mercas and error whioti .aid '
{rights-of-ki~j eztond,.%hotber said land. plantings end dmprovemorite be the property of the
Ea>sd Cam,raiij2fc Ita,euooessors or assigns.
4; ;7 THIRDf The water pips lines shown in red upon the map or plat hsrrto
atteph*-4L` d Rshibit'B. hereby referrid to and made a part hereof. ti
' TO H,l7S A= TO HOLD the sold pipe lines above deoarlbsd onto the District,
StaSUaoesaore•'.'aud assigns-forever. and the rights-of-woy hereby convoyed so long no the . V'!•
p.ljis.=li!}'e'p:,npw~'.lnata d thereon-shall be maintained and used by the District. Its auuOnes-
A-RTICLB I I. yi
r . +'~%r,~p ~y•;~,.'.~.•: ,",•:..IK CONS '
f•:.i; ,N~ V ID=Rd.ICII of the property and rights hereby conveyed and given It y;
;jp4apax 'tlie 'District hereby agrees Sp: the benefit of the Laid Company, its
+bs ai;
Art.
g`ns;'and the tutus, owners or ocoupanta of ary of tho lends upon and
:a34a.4imlvwd
svoig lyIRWh ,i-of=
way desordbed in Paragraph Second of Article I hereof Ile or a s
^'1. ' 'ti.;',.• 1. To• maintain .aa_& of s lines so as to do the lenot possible &&= So
to jh p•,npph'-whi'ch.`.the.Y re°psotively are locr,tad or installed.
•-`J:•w~.^' . . All work of trench {;,,•i
Jr K µ-;Ty(iiig back tilling dahe In colntootion with the maintenance and f or ti as
d3N:xXAed 'er„any.ot them/ must be done as oxpedttiously and In such manner and
+t; o?}; Les 'a :`te lltt~rterq' as. little. as possible with 'tbe.use,'of the land adjacent there-
S' 1 to ft oibr' actor 1 ,a ins tai
tree! o~'oiatsiia P L latlen'.::':
oY bpiilri~iilllib'iism tl
Y::~,;:r• _ P R 7~d troai:thi'pzemSaasVattb:itileOr3eos
earth loft over eftcr`.v
d"omplated'•sil tba:romD 1
it ' and: eve s roe or.sratt r
F, ..-7 ?17, P sod over tla ouri
%
' Sea sdoh `mom,oi si i. to' be'. ugob ji6ti'onibli.' .tA
71~ 7.
.S: Ttiat all:taplfe..,chloh occur is a
?..a mV ■14•Dlpe line e
r t,
o;tir~j':ot,them;.'pr,omDtly aFurrsnqa!',17 ,~d tw T I>
• t'~j'.y,~.r .A
'wher S-1i0. 't-4r''`ar~:..v':
.T ;dorii' to~Y
e.+diarlr gi;'SsriQ,oa$t•impr.o►e
aoato..ifhorec -ores i`
'a~tii~;41 ~lrart a+:a•~ '!-."~3~ra ;7t+.ucr (+'Rl1e.:ew.: !:4>:.
o.
.atiy.
seid'yFlps;linoi..,"os ' •'of,, t ee• -s .;%l n odmioatrou':.
: t
a.,~,.y
'ia`+vJ• _W1
-•ea-~iK 47a'!• ""q.Y-rrrrh• Y, iik.rskr W -t .,..w.,.