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1976-0204_KINOSHITA PROPERTIES_Agreement AGREEMENT FOR THE ACQUISITION OF A RIGHT OF WAY FOR ALIPAZ STREET THIS AGREEMENT is made as of this 4th day of February , 1976 , by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City ," of 32400 Paseo Adelanto , San Juan Capistrano, California, and KINOSHITA PROPERTIES , a California partnership, hereinafter called "Owner. " WITNESSETH: WHEREAS , the City requires the acquisition of certain property for the widening of Alipaz Street ; and WHEREAS , City and Owner have reached an agreement as to the acquisition of the necessary right of 'way and the compensation, including severance and other related damages , to be paid to Owner. NOW, THEREFORE , in consideration of the foregoing premises and the promises hereinafter contained , City and Owner agree as follows: 1. Owner shall by Easement Deed, a copy of which is attached hereto and by this reference made a part hereof, grant , transfer, and convey the real property described therein, to the City of San Juan Capistrano. 2 . City shall in full compensation for the aforesaid acquisition, including the cost of the land , severance damages , relocation costs and any and all damages incident thereto, pay to Owner the total sum of $39 ,625 .00 , computed as follows : Land acquisition 0.533 acres at $37 ,645 . 83 = $20,065 .00 Severance damages 0.122 acres at $37 ,645. 83 = $ 4 ,594.00 Storage shed $ 1,200.00 Packing shed $13 ,766 . 00 Total $39 ,625 .00 3 . City further agrees to: (a) In connection with the improvement of Alipaz Street , relocate the three (3) ornamental stone pillars to a location to be designated by Owner ; (b) Replace that portion of the water pipe located beneath the newly aligned and improved Alipaz Street and maintain such portion of the pipeline so long as Owner shall require irrigation water for agricultural purposes upon the adjoining premises ; (c) Replace that portion of the irrigation pipeline which will lie below Owner' s new shed to be constructed upon his premises ; (d) Supply Owner with adequate irrigation water from alternate sources should water not be available for forty- eight (48) hours to Owner from its wells due to City' s replacement of the pipelines as aforesaid ; (e) To further relocate any other water lines , electrical lines or facilities or other utilities lying within the right of way herein acquired ; (f) Pay additional costs , other than building or other permits customarily required by the City or other public agencies , which are expended by the Owner above and beyond the normal construction costs of a packing shed and load- ing dock. It is the intention of the parties hereto that such additional expenditures would result from construction, site plan or other improvement requirements which may be imposed upon the Owner by any public agency, and which are not presently required for the normal construction of a packing shed and load- ing dock. (g) To provide adequately improved driveway accesses along the aforesaid Alipaz Street to serve Owner' s residence, sheds and farm roads at locations to be designated by Owner. -2- (h) To provide a connection to the City' s storm drain system for drainage of water from Owner' s new packing shed . (i) To extend an eight-inch sewer line from the existing manhole to the westerly line of the right of way herein acquired. 4. Owner shall vacate the right of way herein acquired on or before May 15 , 1976 ; Owner shall , accordingly, remove and relocate all of his property from the aforesaid easement area at his sole cost and expense. All concrete footings , walls and other items within the aforesaid right of way will be removed by the City as a part of the construction project. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. CITY OF SAN JUAN CAPISTRANO, By James'K. Weathers , M yor KINOSHITA PROPERTIES By_[/ /lam By By APPROVED AS TO FORM: �ames S. Okazaki, C y Attorney San Juan Capistrano, California -3- STATE OF CALIFORNIA Drav�ae " cc COUNTY OF .y Epn �(.t l%1 23� /� before me, the undersigned, a Notary Public in and for 0 U said State, personally appeared Savin K v3ashii-a Tadc ) ctii Iyl05h1A41 Yosl�o )div oshiia av>��hi�eru ib�o )+� E _ Q known to me to be /-I partners of the partnership _ I Z that executed the within instrument and acknowledged to me that arusw i OFFICIAL SEAL such partnership executed the same. George E. Madsen m NOTARY PUBLIC'• CALIFORNIA 1''77'' WITNESS my hand and official seal. PRINCIPAL OFFICE IN � ORANGE (COUNTY , CpmmissIon Expires August 16, 1976 t: EE Signature (Typed rx Primed) (This ere.for.16d.1 naerW sed) z , 4 ...;';` r v:'.� '.v .� k ..._ =r. ERTO 0 V14 gCANo 40' v� Q� Aq CACCE � oOAN pkv P dz o � m� a a� 9y0 a 4. 961 rjn � ¢ 'VA 'to' Oo 2P flu ry 3�y00 LC IYi,V > o S r Pym P Q D`� ONq u � W' i a ` ¢ 9 qs PVJ OE C4/ 0 ISPQ 3193 A�q0 �4i yCgN 2 ECJ C9J n p > > Pym Ste~ 9N9 O p �SEO co gMEC 9 p 4 c VIA LATA �,E MAgr S C9C PAS 0 ` ,,p (F, ANDD /q ry n ( RANCHO ALI PAZ 4 _ TRAILER •dry" ,o y�E ' r ¢ P,q ` PARK ` 9SF✓D pP j o ESTRA ORONTE ?.(O• Ely PASEO PERDIU �0 LLE MONSERA 1-MINORC WY NEI 2 2-VIEJO W Qc n GE .? STREET RIGHT OF WAY oR KINOSHI T A /77 PROPERTIES MARCO F.PORSTER RANCHO DEL AVION JR. HI a 'FRAILER PARK CAMINO x5601 DEL AVION x m .SEVERED NP AVENIDA ABRILLO o � . PARCEL a o ¢ Na WAVENIDA ROAqVE /OAPEDREGAL -LOCA o LA PUE J u m ` PASEO O ¢ ¢ AVENIDA ROMERO > J1. ¢ ¢ 6 Pl-A 7- R16-HT-0,4--WAY ACOU/S/T/ON ADPAZ PAZ STR££T o SAN JUAN CAPISTRANO, CAL/PORN/A 20120y� 911VO511/TA PROPERTIES � p Q 1p P NET AREA: ,231230 SF. =D"533AC. QW 0 W ,`h�� � SE!/E4'FL2 AREA a;s'3/7 Sf =0.122 AC. ov 1 v � POI SCALE / /00' ado 5 01' MARCH 22, 197¢ �^ :� KE✓. �PMj7S ry � 0. h CO \ } o C V Oo Of'07 M _ 52/.24" EX/S ,Pjfv R %35.82 " '-ELY LINE PCL 'L' r Cl/lPVE RD,47AL �O Po. ES�1�Jl �rPleao. �6a,P 6°58'20 1210' Indo, 4L/ofJZ ST, o • � Zr�2d57y 1/56/ 3/?„93/ � � Q• �D 2°44'54° /c52' 64.OS S�/l 7350 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (iii) the amount paid by any governmental interest or the lien of the insured mortgage, as in, The following terms when used in this policy agency or instrumentality,if such agency or instru- cared, including but not limited to executing cor- mean: mentality is the insured claimant, in acquisition of rective or other documents. lel "insured": the insured named in Schedule such estate or interest in satisfaction of its insur- OR A, and, subject to any rights or defenses the Com- ante contract or guaranty. 4. L M TATIIONPROOF OFL OF ACTIONMAGE — pany may have had against the named insured, (b) CONTINUATION OF INSURANCE those who succeed to the interest of such insured AFTER CONVEYANCE OF TITLE In addition to the notices required under Para- by operation of law as distinguished from purchase The coverage of this policy shall continue in graph 3 (b) of these Conditions and Stipulations,a including,but not limited to,heirs,distributees,de- force as of Date of Policy,in favor of an insured so proof of loss or damage,signed and sworn to by the visees, survivors, personal representatives, next of long as such insured retains an estate or interest in insured claimant shall be furnished to the Com- kin, or corporate or fiduciary successors. The term the land,or owns an indebtedness secured by a pur- Pany within 90 days after the insured claimant "insured" also includes It)the owner of the indebt- chase money mortgage given by a purchaser from shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss edness secured by the insured mortgage and each such insured, or w long as such insured shall have encumbrance or damage successor in ownership of such indebtedness (re- liability by reason of covenants of warranty made shall describe the defect in,or lien or encu serving, however, all rights and defenses as to any by such insured in any transfer or conveyance of on the title, or other matter insured against by this such successor who acquires the indebtedness bysuch estate or interest; provided, however, this policy which constitutes the basis of loss or dam- operation of law as described in the first sentence age, and, when appropriate, state the basis of of this subparagraph (a) that the Company would policy shall not continue in force in favor of any calculating the amount of such loss or damage. have had against the successor's transferor), and purchaser from such insured of either said estate or further includes (ii) any governmental agency or interest or the indebtedness secured by a purchase Should such proof of loss or damage fail to instrumentality which is an insurer or guarantor money mortgage given to such insured. state facts sufficient to enable the Company to determine itsliability hereunder, under an insurance contract or guaranty insuring or 3. DEFENSE AND PROSECUTION OF insured claimant, guaranteeing said indebtedness,or any partthereof, ACTIONS — NOTICE OF CLAIM TO BE at the written n request of Company, shall furnish Company, whether named as an insured herein or not, and GIVEN BY AN INSURED CLAIMANT such additional information as may reasonably be (iii) the parties designated in paragraph 2 (a) of necessary to make such determination. (a) The Company,at its own cost and without these Conditions and Stipulations. No right of action shall accrue to insured undue delay, shall provide for the defense of an claimant until 30 days after such proof of loss or Ib) "insured claimant": an insured claiming insured in litigation to the extent that such liti- damage shall have been furnished. Ion or damage hereunder. gation involves an alleged defect, lien, encum- (c) "inwred lender": the owner of an insured brance or other matter insured against by this Failure a furnish such proof of loss a damage mort policy. shall terminate any liability of the Company under mortgage. this policy as to such loss or damage. Id) "insured mortgage": a mortgage shown in (b) The insured shall notify the Company Schedule 8, the owner of which is named as an in- promptly in writing (i) in case of any litigation as 5. OPTIONS TO PAY OR OTHERWISE SETTLE sured in Schedule A. set forth in (a) above, (ii) in case knowledge shall CLAIMS AND OPTIONS TO PURCHASE IN— lel "knowledge": actual knowledge, come to an insured hereunder of any claim of title DEBTEDNESS ge": ge, not con- or interest which is adverse to the title to the estate structive knowledge or notice which may be im- or interest or the lien of the insured mortgage, ffi The Company shall have the option to pay or puted to an insured by reason of any public records. insured, and which might cause loss or damage for otherwise settle for or in the name of an insured (f) "'land": the land described, specifically or which the Company may be liable by virtue of this claimant any claim insured against, or to ter ny p nate all liability and obligations of the Company by reference in Schedule C, and improvements af- Policy,or(iii) if title to the estate or interest or the hereunder by paying or tendering payment of the fixed thereto which by law constitute real property; lien of the insured mortgage,as insured,is rejected amount of insurance under this policy together provided, however, the term "land" does not in- as unmarketable. If such prompt notice shall not with any costs, attorneys' fees and expenses in- clude any area excluded by Paragraph No. 6 of be given to the Company, then as to such insured curred up to the time of such payment or tender Part I of Schedule 8 of this Policy. all liability of the Company shall cease and termi- of payment by the insured claimant and authorized nate in regard to the matter or matters for which by the Company. In case loss or damage is claimed (g) "mortgage": mortgage, deed of trust, such prompt notice is required;provided,however, under this policy by the owner of the indebtedness trust deed, or other security instrument. that failure to notify shall in no case prejudice the secured bty the insured mortgage,the Company shall (h) "public records": those records which by rights of any such insured under this policy unless have the further option to purchase such indebted- law ndebtedlaw impart constructive notice of matters relating the Company shall be prejudiced by such failure new for the amount owing thereon together with to the land. and then only to the extent of such prejudice. all costs, attorneys' fees and expenses which the 2. (a) CONTINUATION OF INSURANCE (c) The Company shall have the right at its Company is obligated hereunder to pay. If the AFTER ACOUISITION OF TITLE BY own cost to institute and without undue delay Company offers to purchase said indebtedness as prosecute any action or proceeding or to do any herein provided, the owner of such indebtedness INSURED LENDER other act which in its opinion may be necessary or shall transfer and assign said indebtedness and the If this policy insures the owner of the indebt- desirable to establish the title to the estate or inter- mortgage and any collateral securing the same to edness secured by the insured mortgage,this policy est or the lien of the insured mortgage,as insured; the Company upon payment therefor as herein shall continue in force as of Date of Policy in favor and the Company may take any appropriate action, provided. Upon such offer being made by the of such insured who acquires all or any part of the whether or not it shall be liable under the terms of Company, all liability and obligations of the Com- estate or interest in the land described in Schedule this policy, and shall not thereby concede liability Pany hereunder to the owner of the indebtedness C by foreclosure, trustee's sale, conveyance in lieu or waive any provision of this policy. secured by said insured mortgage, other than the of foreclosure, or other legal manner which dis- obligation to purchase said indebtedness pursuant charges the lien of the insured mortgage,and if such Idl Whenever the Company shall have brought to this paragraph,are terminated. insured is a corporation, its transferee of the estate any action or interposed a defense as required or 6. DETERMINATION AND PAYMENT OF LOSS or interest w acquired, provided the transferee is permitted by the provisions of this policy, the the parent or wholly owned subsidiary of such in- Company may pursue any such litigation to final (a) The liability of the Company under this cared;and in favor of any governmental agency or determination by a court of competent jurisdiction policy shall in no case exceed the least of: instrumentality which acquires all or any part of the and expressly reserves the right, in its sole discre- estate or interest pursuant to a contract of insur- tion,to appeal from any adverse judgment or order. (il the actual loss of the insured claimant; ance or guaranty insuring or guaranteeing the in- (e) In all cases where this policyor debtednew secured b the insured mortgage. After Permits or or (ii) the amount bl insurance stated in Y 9a9e quires the Company to prosecute ee provide for Schedule A, or, d applicable, the amount of in, any such acquisition the amount of insurance here- the defense of any action or proceeding, the in, surance as defined in paragraph 2 lal hereof: or under, exclusive of costs, attorneys' fees and ex- cared hereunder shall secure the Company the penses which the Company may be obligated to right to so prosecute or provide defense in such (iii) if this policy insures the owner of the pay,shall not exceed the least of: action or proceeding, and all appeals therein, and indebtedaess secured by the insured mortgage,and W the amount of insurance stated in permit the Company to use,at its option,the name provided said owner is the insured claimant, the of such insured for such purposeWhenever re- nese, plus thereon,amount of the unpaid principal of said indebted- Schedule ndebte . d Schedule A; li quested by the Company, such insured shall give provided such amount (ii) the amount of the unpaid principal the Company,at the Company's expense,all reason- shall not include any additional principal indebted- of ndebtedof the indebtedness plus interest thereon,as deter- able aid (1) in any such action or proceeding in new created subsequent to Date of Policy, except mined under paragraph 6 (a) (iii) hereof, expenses effecting settlement, securing evidence, obtaining as to amounts advanced to protect the lien of the of foreclosure and amounts advanced to protect witnesses, or prosecuting or defending such action insured mortgage and secured thereby. the lien of the insured mortgage and secured by or proceeding, and (2) in any other act which in (b) The Company will pay, in addition to any said insured mortgage at the time of acquisition of the opinion of the Company may be necessary or loss insured against by this policy, all costs im- such estate or imerest in the land;or desirable to establish the title to the estate or posed upon an insured in litigation carried on by (Continued on imide back cover) Form No.f084(10%73) 4 C California Land Title Association Standard Coverage Policy Form Copyright 1973 $h fK POLICY OF TITLE INSURANCE .SSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE BAND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: t. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company C..TSi ... .,. aY PRESIDENT ATTEST d' l/ r SECRETARY B Form No. 1084 — A PCLTA Standard Coverage Policy Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 147.25 Amount of Insurance: $ 20,000.00 Policy No. OR-1112187—B Date of Policy: March 8, 1976 at 8:00 A. M. 1. Name of Insured: CITY OF SAN JUAN CAPISTRANO. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF SAN JUAN CAPISTRANO. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. Page 2 Form NL 1084—S CLTA Standard Coverage Policy copyright- 1974 OR-1112187-B Page 3 SCHEDULEB This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes,ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: 1. General and Special Taxes covering the herein described and other land for the fiscal year 1976-1977 a lien not yet payable; Code Area 23- 007; A. P. No. 121-190-18. 2. A Bond covering the herein described and other land in the original amount of $14,730.40. No. 1. Issued June 7, 1968. For sewers. Filed in the office of the Treasurer of the City of San Juan Capistrano. All amounts have been paid that were due to and including December 1, 1975. 3. An Easement over portions of the herein described land for ditches as conveyed to the Trabuco Water Company, by Deeds recorded July 26, 1892 in book 64, page 202 of Deeds and February 10, 1896 in book 22, page 341 of Deeds. OR-1112187-B Page 4 4. The Water Rights and rights of way reserved by Aline Barnsdall in the Deed to Wm. H. Maag and others, recorded March 11, 1929 in book 252, page 150 of Official Records, which provides, among other things, that said grantor reserved to herself, her heirs and assigns, 100 miner's inches of water continuous flow, to be developed on a portion of the herein described land and used as therein set out and the right to establish and maintain a concrete reservoir 150 feet square on the Southwesterly corner of the herein described land. 5. An Action filed September 25, 1929, Case No. 26127 in the Superior Court of the State of California, in and for the County of Orange, entitled City of San Clemente, Plaintiff, vs. John 0. Forster, Aline Barnsdall and others, Defendants, to have 80 miner's inches of water, constant flow, in the San Juan Creek Watershed, in addition to that already owned by plaintiff, condemned, and for other relief. On April 16, 1936, a Judgment was entered against certain of the defendants adjudging that there exists a prescriptive right to take from said watershed 12 miner's inches of water constant flow and no more. Reference is hereby made to the files of said action for particulars. Notice of the pendency of said actions was recorded September 25, 1929 in book 315, page 114 of Official Records. 6. An Easement for pole lines over a portion of said land and the right to trim any trees along said line of poles, as conveyed to San Diego Consolidated Gas & Electric Company, by Deed recorded January 2, 1935 in book 729, page 1 of Official Records. 7. An Easement over said land for placing, erecting, constructing, repairing, replacing, maintaining and using for the transmission and distribution of electricity and for all purposes connected therewith, a line of poles with wires suspended thereon and all necessary and proper guys, anchorage, crossarms and braces and other fixtures for use in connection therewith, together with the right of ingress thereto and egress therefrom to and along said land, as granted to the San Diego Gas & Electric Company, by Deed recorded July 2, 1947 in book 1529, page 476 of Official Records. 8. A Perpetual Easement for ingress, egress, pipelines and incidental purposes, over a portion of said land, as conveyed to County of Orange, for and in behalf of Orange County Water Works District No. 4, by deed recorded September 29, 1961 in book 5864, page 821 of Official Records. 9. A Perpetual Easement for ingress, egress, pipelines and incidental purposes, over a portion of said land, as conveyed to County of Orange, for and in behalf of Orange County Water Works District No. 4, by deed recorded September 29, 1961 in book 5864, page 823 of Official Records. 10. The Effect of a Map filed in book 63, page 9 of Record of Surveys, in the office of the County Recorder of Orange County, California, purporting to show the herein described land. OR-1112187-B LJy:lcg Page 5 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of San Juan Capistrano, and is described as follows: A Perpetual easement and right of way for street and highway purposes in, on and over the following described land. That portion of Parcel "L" as shown on a map filed in book 2, page 38 of Record of Surveys, Records of said Orange County, described as follows: Commencing at the intersection of the Westerly right of way line of Alipaz Street 40.00 feet in width, as described in an Easement Deed to the County of Orange, recorded February 15, 1949 in book 1801, page 445 of Official Records of said Orange County with the Northerly Right of Way line of Camino Del Avion, 40.00 feet in width, so described in an Easement Deed to the County of Orange, recorded September 22, 1948 in book 1704, page 471 of Official Records of said Orange County; thence North 880 01' 11" West, along said Northerly Right of Way line 64.18 feet to the true point of beginning; thence continuing North 88° 01' 11" West, 56.39 feet to a point in a non-tangent curve, concave Northwesterly and having a radius of 1158.00 feet, a radial line from said point bears North 64" 43' 10" West; thence, Northerly along said curve an arc length of 512.33 feet through a central angle of 25° 20' 57" to a tangent line, said tangent line being 9.00 feet Westerly of and parallel with the Westerly Right of Way line of said Alipaz Street; thence, North 0° 04' 07" West along said tangent line, 609.86 feet to a point in a non- tangent curve, concave Easterly and having a radius of 1252.00 feet, a radial line from said point bears South 82° 49' 21" East; thence, Northerly along said curve an arc distance of 60.05 feet through a central angle of 2° 44' 54" to the Westerly Right of Way line of said Alipaz Street; thence South 0° 04' 07" East along the Right of Way line of said Alipaz Street 988.93 feet to a point on a non-tangent curve concave Northwesterly and having a radius of 1210.00 feet, a radial line from said point, bears North 74° 44' 53" West, said curve being concentric with and 52.00 feet Southeasterly from the herein before mentioned curve having a radius of 1158.00 feet; thence, Southwesterly along said curve an arc distance of 189.48 feet through a central angle of 8° 58' 20" to a point in a non-tangent line, a radial line from said point bears North 65° 46' 33" West, said point being the true point of beginning. x m POLICY OF TITLE INSURANCE S � AMERI ti First American Title Insurance Company HOME OFFICE: SANTA ANA CALIFORNIA x RECEIVED £.ANI A ANN { MAR 2 5 107C, 14, WOODSI CONSULTINGENGINEERSENG NEERS r - CONDITIONS AND STIPULATIONS (Continued from inside front cover) the Company for such insured, and all costs, or (b) a mortgage hereafter executed by an insured 11, LIABILITY LIMITED TO THIS POLICY attorneys' fees and expenses in litigation carried which is a charge or lien on the estate or interest on by such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all endorse- of the Company. amount so paid shall be deemed a payment under menu and other instruments,if any,attached here- this When the amount of loss or damage has this policy. The Company shall have the option to to by the Company is the entire policy and con- 9 tract between the insured and the Company. been definitely fixed in accordance with the con- apply to the payment of any such mortgage any amount that otherwise would be payable hereunder An claim of loss or damage, payable of this policy, the loss r. damage shall be Y h whether or not payable within 30 days thereafter. er the insured owner of the estate or interest cove based on negligence, and which arises out of the ered by this policy and the amount so paid shall be status of the lien of the inw red mortgage or of the 7. LIMITATION OF LIABILITY deemed a payment under this policy to said insured title to the estate or interest covered hereby, or owner. any action asserting such claim, shall be restricted No claim shall arise or be maintainable under The provisions of this paragraph 9 shall not to the provisions and conditions and stipulations of this policy(a)if the Company,after having received apply to an owner of the indebtedness secured by this policy. notice of an alleged defect, lien or encumbrance in- the insured mortgage, unless such insured acquires No amendment of or endorsement to this sured against hereunder, by litigation or other- title to said estate or interest in satisfaction of said policy can be made except by writing endorsed wise, removes such defect, lien or encumbrance or indebtedness or any part thereof. hereon or attached hereto signed by either the establishes the title,or the lien of the insured mort- President, a Vice President, the Secretary, an gage, as insured, within a reasonable time after 10. SUBROGATION UPON PAYMENT OR Assistant Secretary, or validating officer or author- receipt of such notice;(b) in the event of litigation SETTLEMENT ized signatory of the Company. until there has been a final determination by a court of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing all appeals therefrom,adverse to the title or to the settled a claim under this policy, all right of sub- this policy for endorsement of such payment un, lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in which case vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. without prior written consent of the Company. mortgage may release or substitute the personal 12. NOTICES, WHERE SENT liability of any debtor or guarantor, or extend or B. REDUCTION OF INSURANCE; TERMINA— otherwise modify the terms of payment, or re- All notices required to be given the Company TION OF LIABILITY lease a portion of the estate or interest from the and any statement in writing required to be fur- lien of the insured mortgage, or release any nished the Company shall be addressed to it at its All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana, ment made for costs, attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued shall reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy. provided,however,if the owner of the indebtedness to the title to the estate or interest or the priority secured by the insured mortgage is an insured here- of the lien of the insured mortgage and does not under,then such payments,prior to the acquisition result in any loss of priority of the lien of the in- of title to said estate or interest as provided in cared mortgage. The Company shall be wbrogated paragraph 2 (a) of these Conditions and Stipula- to and be entitled to all rights and remedies which tions, shall not reduce pro tanto the amount of the such insured claimant would have had against any insurance afforded hereunder as to any such in- person or property in respect to such claim had this sured, except to the extent that such payments policy not been issued, and the Company is here- reduce the amount of the indebtedness secured by authorized and empowered to sue,compromise by such mortgage. or settle in its name or in the name of the insured Pa in full to the full extent of the loss sustained by the Com- Payment b y any person or voluntary pany. If requested by the Company, the insured satisfaction or release of the insured mortgage shall shall execute any and all documents to evidence terminate all liability of the Company to an insured the within subrogation. If the payment does not owner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com- mortgage, except as provided in paragraph 2 (a) pany shall be subrogated to such rights and reme- hereof. dies in the proportion which mid payment bears to 9. LIABILITY NONCUMULATIVE the amount of mid loss,but such subrogation shall be in subordination to an insured mortgage. If loss It is expressly understood that the amount of should resultfrom any act of such insured claimant, insurance underthis policy,as to the insured owner such act shall not void this policy, but the Com- of the estate or interest covered by this policy,shall pany, in that event, shall as to such insured be reduced by any amount the Company may pay claimant be required to pay only that part of any under any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed referred to in Schedule B hereof which is a lien the amount, if any,lost to the Company by reason on the estate or interest covered by this policy, of the impairment of the right of subrogation. RZA T R/CNT-OF-WAY ACOU/Sl TION AL I DAz .STREET o SAN JUAN CqP/STRAND, CAL/FORN/A 2020 KINOSHITA PROPERTIES � 0 9 Q NET AREA: =.231230 SF. =D".53SAG DPW O W 5EI/E PEL? 9RE A = S3/7" SF =O"/22 AC. P 00 MARIN 22, 197¢ _--PROP. R/W v ) � a V � a 500.09' 1169, 3? •. 669 2:, - N -+ ,--" —N 0*0f'07"W %3 5.62 ' — £LY LINE PCL 'L' � CUIleVE DW 7-A L 40 PD. EStiJT PrP/60��J50P 4L/10,4Z 57' I I Q` D Sr/C 730 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (iii) the amount paid by any governmental interest or the lien of the insured mortgage, as in- The following terms when used in this policy agency or instrumentality,if such agency or instru- cared, including but not limited to executing cor- mean: mentality is the insured claimant, in acquisition of rective or other documents. (a) "insured the insured named in Schedule such estate or interest in satisfaction of its insur- ance contract or guaranty. 4. PROOF OF LOSS OR DAMAGE — Y > LIMITATION OF ACTION pany may have had again! the named insured, (b) CONTINUATION OF INSURANCE those who succeed to the interest of such insured AFTER CONVEYANCE OF TITLE In addition to the notices required under Para- by operation of law as distinguished from purchase The coverage of this policy shall continue in graph 3 (b) of these Conditions and Stipulations,a including,but not limited to,heirs,distributees,de- force as of Date of Policy,in favor of an insured so proof of loss or damage,signed and sworn to by the visees, survivors, personal representatives, next of long as such insured retains an estate or interest in insured claimant shall be furnished to the Com, kin, or corporate or fiduciary successors. The term the land,or owns an indebtedness secured t a pun pany within 90 days after the insured claimant "insured" also includes(i)the owner of the indebt- chase money mortgage given es a purchaser from shall ascertain or determine the facts giving rise to eciness secured by the insured mortgage and each such insured, or so long as such insured shall have such loss or damage. Such proof of loss damage wccessor in ownership of such indebtedness (re- liability by reason of covenants of warranty made shall describe the defect in,or lien or encuu mbrance serving, however, all rights and defenses as to anyby such insured in any transfer or conveyance of on the title, or other matter insured against by this such successor who acquires the indebtedness by such estate or interest; provided, however, this Policy which constitutes the basis of loss or dem- operation of law as described in the first sentence age, and, when appropriate, state the basis of of this subparagraph (a) that the Company would policy shall not continued force in favor of either said estate or any calculating the amount of such loss or damage. have had against the successor's transferor), and Purchaser from such insured further includes (ii) any',governmental agency or interest or the indebtedness secured by a purchase Should such proof of loss or damage fail to instrumentality which is an insurer or guarantor money mortgage given to such insured. state facts sufficient to enable the Company to under an insurance contract or guaranty insuring or 3. DEFENSE AND PROSECUTION OF determine its liability hereunder, insured llTrn claimant, guaranteeing said indebtedness,or any partthereof, ACTIONS — NOTICE OF CLAIM TO BE such the written request ti Company, shall furnish whether named as an insured herein or not, and GIVEN BY AN INSURED CLAIMANT such additional information as may reasonably be (iii) the parties designated in paragraph 2 (a) of necessary to make such determination. these Conditions and Stipulations. (a) The Company, at its own cost and without No right of action shell accrue to insured undue delay, shall provide for the defense of an claimant until 30 days after such proof of loss or Ibl "insured claimant": an insured claiming insured in litigation to the extent that such liti- loss or damage hereunder. gation involves an alleged defect, lien, encum- damage shall have been furnished. (c) "insured lender": the owner of an insured brance or other matter insured against by this Failure terminate furnish such proof of loss or damage l mortgage. policy. th spoli Yatoasuch loss or damage. ompany under (d) "insured mortgage": a mortgage shown in (b) The insured shall notify the Company Schedule B, the owner of which is named as an in- promptly in writing (i) in case of any litigation as 5. OPTIONS TO PAY OR OTHERWISE SETTLE cared in Schedule A. set forth in (a) above, (ii) in case knowledge shall CLAIMS AND OPTIONS TO PURCHASE IN— lel "knowledge": actual knowledge, come to an insured hereunder of any claim of title DEBTEDNESS ge": ge, not con- or interest which is adverse to the title to the estate structive knowledge or notice which may be im- or interest or the lien of the insured mortgage, as The Company shall have the option to pay or putedto an insured by reason of any public records. insured, and which might cause loss or damage for otherwise settle for n r the name of an insured which the Company may be liable by virtue of this claimant any claim insured against, or to pang ormi- Ie "land": the land described, specifically f- nate all liability and obligations of the Company by reference in Schedule C, and improvements af- Policy,or(iii) if title to the estate or interest or the hereunder by paying or tendering payment of the fixed thereto which by law constitute real property; lien of the insured mortgage,as insured,is rejected amount of insurance under this policy together provided, however, the term "land" does not in- as unmarketable. If such prompt notice shall not with any costs, attorneys' fees and expenses in- clude any area excluded by Paragraph No. 6 of be given to the Company, then as to such insured curred up to the time of such payment or tender Part I of Schedule B of this Policy. all liability of the Company shall cease and termi- of payment by the insured claimant and authorized nate in regard to the matter or matters for which by the Company. In case loss or damage is claimed (g) "mortgage": mortgage, deed of trust, such prompt notice is required;provided, however, under this policy by the owner of the indebtedness trust deed, or other security instrument. that failure to notify shall in no case prejudice the secured W the insured mortgage,the Company shall IN "public records": those records which by rights of any such insured under this policy unless have the further option to purchase such indebted- the Company shall be prejudiced by such failure law impart constructive notice of matters relating and then only to the extent of such prejudiceall for the amount owing thereon together with . to the land. all costs, attorneys' fees and expenses which the 2. (a) CONTINUATION OF INSURANCE (c) The Company shall have the right at its Company is obligated hereunder to pay. If the AFTER ACOUISITION OF TITLE BY own cost to institute and without undue delay Company offers to purchase said indebtedness as prosecute any action or proceeding or to do any hereinprovided, the owner of such indebtedness INSURED LENDER other act which in its opinion may be necessary or shall transfer and assign said indebtedness and the If this policy insures the owner of the indebt- desirable to establish the title to the estate or inter- mortgage and any collateral securing the same to edness secured by the insured mortgage,this policy est or the lien of the insured mortgage,as insured; the Company upon payment therefor as herein shall continue in force as of Date of Policy in favor and the Company may take any appropriate action, provided. Upon such offer being made by the of such insured who acquires all or any part of the whether or not it shall be liable under the terms of Company, all liability and obligations of the Com- estate or interest in the land described in Schedule this policy, and shall not thereby concede liability pany hereunder to the owner of the indebtedness C by foreclosure, trustee's sale, conveyance in lieu or waive any provision of this policy. secured by said insured mortgage, other than the of foreclosure, or other legal manner which dis- obligation to purchase said indebtedness pursuant charges the lien of the insured mortgage,and if such Id) Whenever the Company shall have brought to this paragraph,are terminated. insured is a corporation, its transferee of the estate any action or interposed a defense as required or or interest so acquired, provided the transferee is Permitted by the provisions of this policy, the 6. DETERMINATION AND PAYMENT OF LOSS the parent or wholly owned subsidiary of such in, Company may pursue any such litigation to final (a) The liability of the Company under this sured; and in favor of any governmental agency or determination by a court of competent jurisdiction policy shall in no case exceed the least of: instrumentality which acquires allor any part of the and expressly reserves the right, in its sole discre- estate or interest pursuant to a contract of insur- tion,to appeal from any adverse judgment or order. or lil the actual loss of the insured claimant; ante or guaranty insuring or guaranteeing the in- (e) In all cases where this policy permits or re- (ii) the amount of insurance stated in debtedness secured by the insured mortgage. After quires the Company to prosecute or provide for Schedule A, or, if applicable, the amount of in, my such acquisition the amount of insurance here- the defense of any action or proceeding, the in- surance as defined in paragraph 2 (al hereof: or under, exclusive of costs, attorneys' fees and ex- sured hereunder shall secure to the Company the penses which the Company may be obligated to right to so prosecute or provide defense in such (iii) if this policy insures the owner of the pay,shall not exceed the least of: action or proceeding, and all appeals therein, and indebtedness secured by the insured mortgage,and (i) the amount of insurance stated in permit the Company to use,at its option,the name provided said owner is the insured claimant, the of such insured d ed for such purpose. Whenever re- amount of the unpaid principal of said indebte Schedule A; nese, plus interest thereon, provided such amount quested by the Company, such insured shall give (n shall not include any additional principal indebted- of ndebted ness created subsequent to Date of Policy, except the amount of the unpaid principal the Company,at the Company's expense,all reason- of the indebtedness plus interest thereon,as deter- able aid (11 in any such action or proceeding in as to amounts advanced to protect the lien of the mined under paragraph 6 (a) (iii) hereof, expanses effecting settlement, securing evidence, obtaining insured mortgage and secured thereby. of foreclosure and amounts advanced to protect witnesses, or prosecuting or defending such action the lien of the insured mortgage and secured by or proceeding, and (2) in any other act which in (b) The Company will pay, in addition to any mid insured mortgage at the time of acquisition of the opinion of the Company may be necessary or loss insured against by this policy, all costs im- such estate or interest in the lagd;9r desirable to ertablish the title to the estate or posed upon an insured in litigation carried on by (Continued on inside back cover) . r 1 } j A M E R C Form No. 1064(10//3)-! " • Q " California Land Title Association 1 9 Standard Coverage Policy Form - • •�' Copyright 1973 , 57 POLICY POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE BAND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land,in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. s a First American Title Insurance Company s ,q: , i d r r • By PRESIDENT t s° ATTEST SECRETARY i.H ,t s B �. Form No. 108`` — A A r CLTstanda,U Coverage Policy Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 74.00 Amount of Insurance: $ 5,000.00 Policy No. OR-1112187—A Date of Policy: March 8, 1976 at 8:00 A. M. 1. Name of Insured: CITY OF SAN JUAN CAPISTRANO. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF SAN JUAN CAPISTRANO. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 Form No. 1084. 8 CLTA Standard Coverage Policy OR-1112187-A Copyright— 1974 Page 3 SCHEDULE This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes,ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: 1. General and Special Taxes covering the herein described and other land for the fiscal year 1976-1977 a lien not yet payable; Code Area 23-007; A. P. No. 121-190-18. 2. A Bond covering the herein described and other land in the original amount of $14,730.40. No. 1. Issued June 7, 1968. For sewers. Filed in the office of the Treasurer of the City of San Juan Capistrano. All amounts have been paid that were due to and including December 1, 1975. 3. An Easement over portions of the herein described land for ditches as conveyed to the Trabuco Water Company, by Deeds recorded July 26, 1892 in book 64, page 202 of Deeds and February 10, 1896 in book 22, page 341 of Deeds. OR-1112187-A Page 4 4. The Water Rights and rights of way reserved by Aline Barnsdall in the Deed to Wm. H. Maag and others, recorded March 11, 1929 in book 252, page 150 of Official Records, which provides, among other things, that said grantor reserved to herself, her heirs and assigns, 100 miner's inches of water continuous flow, to be developed on a portion of the herein described land and used as therein set out and the right to establish and maintain a concrete reservoir 150 feet square on the Southwesterly corner of the herein described land. 5. An Action filed September 25, 1929, Case No. 26127 in the Superior Court of the State of California, in and for the County of Orange, entitled City of San Clemente, Plaintiff, vs. John 0. Forster, Aline Barnsdall and others, Defendants, to have 80 miner's inches of water, constant flow, in the San Juan Creek Watershed, in addition to that already owned by plaintiff, condemned, and for other relief. On April 16, 1936, a Judgment was entered against certain of the defendants adjudging that there exists a prescriptive right to take from said watershed 12 miner's inches of water constant flow and no more. Reference is hereby made to the files of said action for particulars. Notice of the pendency of said actions was recorded September 25, 1929 in book 315, page 114 of Official Records. 6. An Easement for pole lines over a portion of said land and the right to trim any trees along said line of poles, as conveyed to San Diego Consolidated Gas & Electric Company, by Deed recorded January 2, 1935 in book 729, page 1 of Official Records. 7. An Easement over said land for placing, erecting, constructing, repairing, replacing, maintaining and using for the transmission and distribution of electricity and for all purposes connected therewith, a line of poles with wires suspended thereon and all necessary and proper guys, anchorage, crossarms and braces and other fixtures for use in connection therewith, together with the right of ingress thereto and egress therefrom to and along said land, as granted to the San Diego Gas & Electric Company, by Deed recorded July 2, 1947 in book 1529, page 476 of Official Records. 8. A Perpetual Easement for ingress, egress, pipelines and incidental purposes, over a portion of said land, as conveyed to County of Orange, for and in behalf of Orange County Water Works District No. 4, by deed recorded September 29, 1961 in book 5864, page 821 of Official Records. 9. A Perpetual Easement for ingress, egress, pipelines and incidental purposes, over a portion of said land, as conveyed to County of Orange, for and in behalf of Orange County Water Works District No. 4, by deed recorded September 29, 1961 in book 5864, page 823 of Official Records. 10. The Effect of a Map filed in book 63, page 9 of Record of Surveys, in the office of the County Recorder of Orange County, California, purporting to show the herein described land. OR-1112187-A Page 5 11. The absolute right and privilege of using the property herein conveyed and the pumping facilities located thereon for the purpose of irrigating their farm located adjacent thereto. The foregoing right and privilege shall, however, automatically cease and terminate when the grantors herein shall discontinue its farming operations on the aforesaid adjoining premises, as reserved in the deed from Kinoshito Properties, a California Partnership, recorded Feburary 17, 1976 in book 11648, page 1825 of Official Records. OR-1112187-A LJV:lcg Page 6 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of San Juan Capistrano, and is described as follows: That portion of Parcel "L" as shown on a map filed in book 2, page 38 of Record of Surveys, Records of said Orange County described as follows: Beginning at the intersection of the Westerly right of way line of Alipaz Street, 40.00 feet in width, as described in an Easement Deed to the County of Orange, recorded Feburary 15, 1949 in book 1801, page 445 of Official Records of said Orange County, with the Northerly right of way line of Camino Del Avion, 40.00 feet in width, as described in an Easement Deed to the County of Orange, recorded September 28, 1948 in book 1704, page 471 of Official Records of said Orange County; thence North 88' 01' 11" West, along said Northerly right of way line 64.18 feet to a point in a non-tangent curve concave Westerly and having a radius of 1210.00 feet, a radial line to said point bears South 65' 46' 33" East; thence Northerly along said curve an are distance of 189.48 feet through a central angle of 8' 58' 20" to a point in a non-tangent line, said line being the herein before mentioned Westerly right of way line of said Alipaz Street, a radial line to said point bears South 74' 44' 53" East; thence South 0' 04' 07" East, along said Westerly right of way line, 180.39 feet to the point of beginning. ., - i . . � .. � .. . . � - � . POLICY OF TITLE INSURANCE Q $ T AMEBIC First American Title Insurance Company HOME OFFICE: SANTA ANA CALIFORNIA x°A RECEIVED MAR 2 5 1°76 WOODSiDE• ItU60TA & ASSOC. CONSUCi ING ENGINEERS CONDITIONS AND STIPULATIONS (Continued from inside front cover) the Company for such insured, and all costs, or (b) a mortgage hereafter executed by an insured 11. LIABILITY LIMITED TO THIS POLICY attorneys' fees and expenses in litigation carried which is a charge or lien on the estate or interest on by such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all endorse- of the Company. amount so paid shall be deemed a payment under menu and other instruments,if any,attached herr con- (c) When the amount of loss or damage has this policy. The Company shall have the option to to by the Company is the entire policy and con- g apply to the payment of any such mortgage any tract between the insured and the Company. been definitely fixed in accordance with the con- amount that otherwise would be payable hereunder qn ditions of this policy, the loss or damage shall be y claim of loss or damage, whether or not payable within 30 days thereafter. to the insured owner of the estate or interest cov. based on negligence, and which arises out of the ered by this policy and the amount so paid shall be status of the lien of the insured mortgage or of the 7. LIMITATION OF LIABILITY deemed apayment under this policy to said insured title to the estate or interest covered hereby, or owner. any action asserting such claim, shall be restricted No claim shall arise or be maintainable under The provisions of this paragraph 9 shall not to the provisions and conditions and stipulations of thispolicy(a)if the Company,after having received apply to an owner of the indebtedness secured by this policy. notice of an alleged defect, lien or encumbrance in- the insured mortgage, unless such insured acquires No amendment of or endorsement to this sured against hereunder, by litigation or other- title to said estate or interest in satisfaction of said Policy can be made except by writing endorsed wise, removes such defect, lien or encumbrance or establishes the title,or the lien of the insured mort- indebtedness or any part thereof. hereon or attached hereto signed by either the President, a Vice President, the Secretary, an gage, as insured, within a reasonable time after 10. SUBROGATION UPON PAYMENT OR Assistant Secretary,or validating officer or author- receipt of such notice;(b) in the event of litigation SETTLEMENT ized signatory of the Company. until there has been a final determination by a court of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing all appeals therefrom, adverse to the title or to the settled a claim under this policy, all right of sub- this policy for endorsement of such payment un- lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by lass the policy be lost or destroyed, in which case vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. without prior written consent of the Company. mortgage may release or substitute the personal 12. NOTICES, WHERE SENT liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- All notices required to be given the Company 9. REDUCTION OF INSURANCE; TERMINA— lease a portion of the estate or interest from the and an statement in writing required to befur- lienOF LIABILITY y 9 eq lien of the insured mortgage, or release any niched the Company shall be addressed to it at its All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana, ment made for costs, attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued shall reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy. provided,however,if the owner of the indebtedness to the title to the estate or interest or the priority secured by the insured mortgage is an insured herr of the lien of the insured mortgage and does not under,then such payments,prior to the acquisition result in any loss of priority of the lien of the in- of title to said estate or interest as provided in sured mortgage. The Company shall be subrogated paragraph 2 (a) of these Conditions and Stipula- to and be entitled to all rights and remedies which tions, shall not reduce pro tanto the amount of the such insured claimant would have had against any insurance afforded hereunder as to any such in- person or property in respect to such claim had this sured, except to the extent that such payments policy not been issued, and the Company is here- reduce errreduce the amount of the indebtedness secured by authorized and empowered to sue,compromise by such mortgage. or settle in its name or in the name of the insured ment in full by an to the full extent of the loss sustained by the Com- Payment y person or voluntary pany. If requested by the Company, the insured satisfaction or release of the insured mortgage shall shall execute any and all documents to evidence terminate all liability of the Company to an insured the within subrogation. If the payment does not owner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com- mortgage, except as provided in paragraph 2 (a) pany shall be subrogated to such rights and remr hereof. dies in the proportion which said payment bears to 9. LIABILITY NONCUMULATIVE the amount of said loss,but such subrogation shall be in subordination to an insured mortgage. If loss It is expressly understood that the amount of should resultfrom any act of such insured claimant, insurance underthis policy,as to the insured owner such act shall not void this policy, but the Com- of theestate or interest covered by this policy,shall pany, in that event, shall as to such insured be reduced by any amount the Company may pay claimant be required to pay only that part of any under any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed referred to in Schedule B hereof which is a lien the amount, if any, lost to the Company by reason on the estate or interest covered by this policy, of the impairment of the right of subrogation.