1972-0828_BARWICK, K_Easement Deed_10295-587 - 28776
p�1xy,. 10295 NEW at request of, and return to: I T .U�
INW OODSIDE/KIrSOTA A ASSOCIATES,INC.
aoxwnxa
RECORDED AT REQUEST OF
•.....••x• FIRST AMER. TITLE INS. CO.
309 West Third Street.Santa Ana,California 92701 .Phone: (714) 542-3987 IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
Tua :.wo, gnea tec4a.es that the Documenmry ransfar r 8:00 Am AUG 281972
Tar
x .E rr<c ,r-A-✓,. ,_Ha X46 Y� J.WYLIE CARLYLE,County Recorder
-- UIQ.–qM pn !W� value of ±gnperty rOnveyeU,
Project No. SJC 7226
L...t( "2.�I e,in Project: BARW I CK DATSUN AGENCY ( C
A1;1 , aperlt /1 (�
FIRST AML'n,L.AN TITLE II-!-•UPo'!)rt �CM^ANS
A. P. Parcel No. 121-240-50 tit
h
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KENNETH RAY BARWICK, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY,
fil
0'1
n dOES hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for
\ STREET AND HIGHWAY purposes in, on and over the real
property in the City
of San Juan Capistrano, County of Orange, State of California, described as:
u
THAT PORTION OF THE RANCHO BOCA DE LA PLAYA, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ()RANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 48, PAGE 10, OF RECORD OF SURVEYS, ON FILE IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE LAND
DESCRIBED AS PARCEL 1 IN THE DEED TO W. ED EDWARDS AND WIFE,
RECORDED ON NOVEMBER 19, 1938, IN BOOK 972, PAGE 145, OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING
SOUTH 800181 EAST, 447.57 FEET FROM THE MOST WESTERLY CORNER
OF SAID EDWARDS PROPERTY; THENCE, SOUTH 8001810011 EAST,
23.29 FEET; THENCE, NORTH 280391101. EAST, 50.00 FEET; THENCE,
NORTH 3300113011 EAST, 390.06 FEET; THENCE, NORTH 8001810011
WEST, 7.47 FEET; THENCE, SOUTH 3505014311 WEST, 183.23 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 3077.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE
263.22 FEET THROUGH A CENTRAL ANGLE OF 405410511 TO THE PO WT
OF BEGINNING.
DATED: I •_'— — 7 Y
NNETH RAY BARWIC
..............................
OFFICIAL SEAL
MINORU T. INOUYE
• "dt- ,n. NOTARY PUBLIC— CALIFORNIA
- PRINCIPAL OFFICE IN
ORANGE COUNTY j
• My Commission Expires Oct. 28, 1975
MNL TAX WATBMOU 1D RIT11RN ADDOM AWK
2.
OFFICIAL SEAL ' 10295 5
M,[NORU T. INOUYE PAGE
NOTARY PP9LIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY : INDIVIDUAL ACKNOWLEDGMENT 'MM
My commission E>:pim Oct. 28. 1975
STATE OF LIFORNIA, COUNTY OF......._ ........4CRI t-..........._.............:ss.
Onbefore me, the undersigned, a No+ta�` Public in and for said
County and State, personally appeared...-... .���....-. _...
._._...................-..........................----•--....•----------_.-....---*---------------..-..._-.-----------------------------..-....--_--•-----------------------•---...
known Lto me to be the person.... whose name ............. subscribed to the within Instrument, and acknowledged
that.....R. l%....executed the same.
WITNESS my hand and official seal. iwi�`
"J 10295 P4cE589
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO)
I, DONALD G. WEIDNER, City Clerk of the City of San Juan
Capistrano, California, do hereby certify that the attached
instrument was duly approved and accepted at a regular meeting
of the City Council of the City of San Juan Capistrano held on
the 26th day of June, 1972, by the following vote, to wit :
AYES: COUNCILMEN: BYRNES, WEATHERS, CHERMAK and
GAMMELL
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: THORPE
Donald . 'Weidner
City Clerk of the
City of San Juan Capistrano
California Land Title Association
'Standard Coverage Policy Form A M E
Copyright 1963 ¢S T R C
POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for a
valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule
A, hereby insures the parties named as Insured in Schedule A,the heirs,devisees, personal representatives of such Insured,
or if a corporation, its successors by dissolution, merger or consolidation,against loss or damage not exceeding the amount
stated in Schedule A, together with costs, attorney's fees and expenses which the Company may become obligated to
pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest
covered hereby in the land described or referred to in Schedule C, existing
at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. . Any defect in the execution of any mortgage shown in Schedule B securing
an indebtedness, the owner of which is named as Insured in Schedule A, but
only insofar as such defect affects the lien or charge of said mortgage upon
the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance
not shown or referred to in Schedule B, or excluded from coverage in Schedule
B or in the Conditions and Stipulations, said mortgage being shown in Schedule
B in the order of its priority.
all subject, however, to the Conditions and Stipulations hereto annexed, which
Conditions and Stipulations, together with Schedules A, B, and C are hereby made
a part of this policy.
In Witness Whereof, First American Title Insurance Company has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, on the date shown in Schedule A.
x, *" First American Title Insurance Company
w '1
BY PRESIDENT
ATTEST SECRETARY
B RECEIVED i i 1972
Form No. Land T
California Land Title Association
Standard Coverage PoiicV Form
Copyright 1963
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance$ 50.00
Amount$ 2000.00 Policy No. OR-1123335
Project No.
SJC 7226
Effective Date August 28, 1972 at 8:00 A. M. Project: Barwick
Datsun Agency
Insured
CITY OF SAN JUAN CAPISTRANO.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF SAN JUAN CAPISTRANO by deed recorded August 28, 1972 in Book
10295, page 587 of Official Records.
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is:
An Easement.
Page 2
Form No.1084-3
California Land Title Association
Standard Coverage Policy Form OR-1123335
Copyright 1963
SCHEDULE
This policy does not insure against loss or damage by reason of the matters shown in parts one and two 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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
Part Two:
1. General and Special Taxes for fiscal year 1972-1973, a lien not yet
payable. Code Area 23-012, A. P. No. 121-240-50-
2. The Fact that the ownership of said land does not include any rights
of ingress or egress to or from "San Diego Freeway", said rights having
been condemned by Final Decree of Condemnation in the Superior Court of
the State of California, in and for the County of Orange, Case No. 79543,
a certified copy of which Decree was recorded December 23, 1959 in Book
5029, page 398 of Official Records.
3. The Effect of Maps filed in Book 4, page 15, in Book 10, page 6, in
Book 48, page 10 and in Book 61, page 40 of Record of Surveys in the
office of the County Recorder of Orange County, California, purporting to
show the herein described and other land.
4. A Deed of Trust, covering the herein described and other land, to
secure an indebtedness of $60,000.00 and any other amounts payable under
the terms thereof, recorded December 20, 1971 in Book 9931, page 710 of
Official Records.
Dated: October 15, 1971
Trustor: Kenneth Ray Barwick, a married man,
Trustee: The First National Bank of Orange County, a national
banking association,
Beneficiary: Howard W. Kelly and Winifred D. Kelly, husband and
wife, as joint tenants.
Note. The lien or charge of said deed of trust was subordinated to the
lien or charge of the deeds of trust recorded January 17, 1972 and May
2, 1972, respectively in Book 9966, page 832 and in Book 10107, page 376
Page 3
OR-1123335
of Official Records by Agreements recorded January 17, 1972 and May 2,
1972, respectively in Book 9966, page 834 and in Book 10107, page 378 of
Official Records.
5. A Deed of Trust, covering the herein described and other land, to
secure an indebtedness of $245,000.00 and any other amounts payable under
the terms thereof, recorded January 17, 1972 in Book 9966, page 832 of
Official Records.
Dated: December 17, 1971
Trustor: Kenneth Ray Barwick, a married man,
Trustee: The First National Bank of Orange County, a national
banking association,
Beneficiary: The First National Bank of Orange County, a national
banking association.
6. A Deed of Trust, covering the herein described and other land, to
secure an indebtedness of $35,000.00 and any other amounts payable under
the terms thereof, recorded May 2, 1972 in Book 10107, page 376 of
Official Records.
Dated: March 29, 1972
Trustor: Kenneth Ray Barwick, a married man,
Trustee: The First National Bank of Orange County, a national
banking association,
Beneficiary: The First National Bank of Orange County, a national
banking association.
7. Any Claims of Lien upon said land, a Notice of Completion, regular
in form dated August 11, 1972, has been recorded August 16, 1972 as
Document No. 16355 in Book 10276, page 646 of Official Records by Kenneth
Ray Barwick stating that a work of improvement was completed on August
11, 1972.
Page 4
Form No. 1056-4 i
All Policy Forms OR-1123335
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 that portion of the Rancho Boca de La Playa, as shown on a
Map filed in Book 48, page 10 of Record of Surveys in the office of the
County Recorder of Orange County, California, described as follows:
Beginning at a point on the Southerly line of the land described as
Parcel 1 in the deed to W. Ed Edwards and wife, recorded on November 19,
1938 in Book 972, page 145 of Official Records, said point being South
80° 18' East 447.57 feet from the most Westerly corner of said Edwards
property; thence South 80° 18' 00" East 23.29 feet; thence North 280 39'
10" East 50.00 feet; thence North 330 Olr 30" East 390.06 feet; thence
North 80° 18' 00" West 7.47 feet; thence South 350 50' 43" West 183.23
feet to the beginning of a tangent curve concave Southeasterly having a
radius of 3077.00 feet; thence Southwesterly along said curve 263.22 feet
through a central angle of 40 54' 05" to the point of beginning.
AAR:GR Page 5
Tific Company
Th1� Ont, And Is Part Of Thi, Title EvldecCZ —
s TATE yivy
Califordia Land Tlile Association • ,
Standard Coverage Policy Form
Fwmr10B41963
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy upon an alleged defect,lien or encumbrance insured (c) No claim for damages shall arise or be
mem: against by this policy,and may pursue any litigation maintainable under this paltry (1) d the Company,
(a) 'lend": the land described, specifically or to final determination in the court of lest yesort. after having received notice of an alleged defect,lien
by reference in Schedule C and improvements armed (b) In case any such action or proceeding shall or encumbrance not excepted or excluded herein ro-
thereto whicis by law constitute at Property; be begguun or defense interposed, or in case knowl- moves such defect, lien or encumbrance within a
(b) public records": those records which im- edge steal{mine to the Insured of any claims of title reasonable time after receipt of such notice, or (2)
ppart constructive notice of matters relating to said or interest which is adverse to the title of the estate for liability voluntarily assumed by the Insured in
land; or interest or lien of the mortgage as insured, or settling any claim or suit without written consent Of
(c) "knowledge": actual knowledge, not con- which might cause loss or damage for which the the Company,or (3) in the event the title is rejected
stmclive knowledge or notice which may be imputed Company shall or may be liable by virtue of this os unmarketable because of a defect,lien or encrm-
to the Insured by reason of any public records; Policy,or if the Insured shall in good faith contract brance not excepted or excluded in this Policy, mill
((d) `date': the effective date; to sell the indebtedness secured by a mortgage coy- there has been a final determination by a wort of
(e) "mortgage': mortgage, deed of most,trust ¢red by this policy, or if an Insured in good faith competent jurisdiction sustaining such rejection.
deed,or other security instruments;and leases or manuals to sail,lease or mortgage the same, (d) All payments ceder this galley,except pay-
(E) `insured": the Party or parties named as or if the successful bidder at a foreclosure sale under ments made for coats, attorneys' tees and expenses;
Insured,and U the owner of the indebtedness severed a mortgage covered by this policy refuses to purchase shall reduce the amount of the insurance pro tanto
by a mortgage shown in Schedule B is named as an and in any such event the title to said estate or and no payment shall be made without producing
Insured in Schedule A,the Insured shall include (1) interest is rejected as unmarketable,the Insured shall this Policy for endorsement of such payment unless
each successor in interest in ownership of such in- notify Ne Company thereof in writing.If such notim the Policy be lost or destroyed in which case proof
distinctness, (2) my such owner who acquires the shall not be given to the Company within ten days of such loss or destruction sha{I be fumished to the
estate or interest refereed to in this Policy by fore- of the receipt of process or pleadings or if the Insured satisfaction of the Company; provided, however, if
domes'
trur
ustee's sale or other legal manner in sells- shall not, in writing, promptly notify the Company the owner of an indebtedness seemed by a mortgage
faction of said inde{Steduess, and (3) any federal of any defect, lien or encumbrance insured against shown in Schedule B is an Insured herein then such
agency or instre r entahty which is an insurer or guar- which shall come to the knowledge of the Insured, payments shall not reduce pro tanto the amount of
rotor order an insurance contract or guaranty insur- or if the Insured shall not,in writing,promptly notify the insurance afforded hereunder as to such Insured,
ing or guaranteeing said indebtedness or any part the Company of any such rejection by reason of except to the extent that such payments reduce the
thereof,whether named os an Insured herein or not, claimed uninarketability of title, then all liability of amount of the indebtedness secured by such men-
subject otherwise to the provisions hereof. the Company in regard to the subject matter of such gage. Payment in full by any Person or voluntary
action, proceeding or matter shall cease and terrni- satisfaction or release by the Insured of a mortgage
2. BENEFITS AFTER ACQUISITION OF TITLE nate; provided, however, that failure to notify shall covered by this Policy shall terminate all liability of
insured owner of the indebtedness secured by in no case prejudice the claim of any Insured unless the Company to the insisted owner of the indebted-
If an i e described f Schedule B acquires said the Company shall be actually prejudiced by such ness secured by such mortgage, except as provided
a mortgage Bfailure and then only to the extent o�such prejudice. inParagraph 2 hereof.
estate or interest,or any part thereof,by foreclosure, (c) The Company shall have the right at its (e) When liability has been definitely fixed in
trustee's sale or other legal manner in satisfaction own cost to institute and prosecute any action or accordance with the conditions of this Policy the los.
of said indebtedness, or any part thereof, or if a proceeding or do any other act which in its opinion or damage shall be payable within thirty days there-
federal agency or instrumentality acquires said estate may be necessary or desirable to establish the title after.
or interest, or my part thereof, as a consequence of of the estate or interest or the lien of the mortgage R. LIABILITY NONCUMULATIVE
an insurance contract or guaranty insuring or guaran- as insured; and the Company may take any ppro-
teeing the indebtedness secured by a mortgage my- priate action under the terms of this policy whether It is expressly understood that the amount of this
eyed by this policy, or any part thereof, this policy or not it shall be liable thereunder and shall not policy is reduced by any amount the Company may
shallcontinue in form in favor of such Insured, thereby concede liability or waive any provision of pay under any policy insuring the validity or pri-
agency or instrumentality, subject to all of the con- this Policy, ority of any mortgage shown or referred to in Sched-
ditions and stipulations hereof. (d) In all cases where this policy Permits or ule B hereof or any mortgage hereafter executed by
requires the Company to prosecute or provide for the Insured which is a charge or lien on the estate
3. EXCLUSIONS FROM THE COVERAGE the defense of any action or proceeding,the Insured or interest described or referred to fv Schedule A,
OF THIS POLICY shall secure to it the right to so prosecute or provide and the amount so paid shall be deemed a payment
defense in such action or proceeding,and all appeals to the Insured under Nispolicy. The provisions of
This policy does not insure against loss or damage therein,and permit it to use, at its option,the name this paragraph numbered g shall not apply to an
by reason of the following: of the Insured for such purpose.Whenever requested Insured owner of an indebtedness secured by a men-
(a) Any law,ordinance or governmental no by the Company the Insured shall give the Company gage shown in Schedule B unless such Insured so-
latim (including but not limited to building and all reasonable aid m any such action or proceeding, quires title to said estate or interest ' satisfaction
zoning ordinances) restricting or regulating or pro- n effecting settlement, securing evidence, obtaining of said indebtedness or any part thereof.
hibitfng the occupancy,use or enjoyment of the land, witnesses, or prosecuting or defending such action 9. SUBROGATION UPON PAYMENT
or regulating Ne character, dimensions, or location or proceeding, and the Company shall reimburse the OR SETTLEMENT
of any improvement now or hereafter erected on said Insured for any expense so incurred.
land, or prohibng a separation m ownership ore Whenever the Company shall have settled a claim
reduction fa the dimensions or area of any lot or S. NOTICE OF LOSS—LIMITATION OF ACTION under this Policy, all right of subrogation shall vest
parcel of land. in the Company unaffected by any act of the Insured,
(b) Governmental rights of police power or In addition to the notices required under para- end it shall be subrogated to and be entitled to all
eminent domain unless..if.of the exercise of such graph 4(b), a statement in writing of any loss or rights and remedies which the Insured would have
rights appears in the Public records at Ne date damage for which it is claimed the Company is liable had against any person or property in respect to such
hereof. under this policy shall be famished to the Company claim had this Policy not been issued.If the payment
(c) Title to any property beyond the lines of within sixty days after such loss or damage shall have does not rover the loss of the Insured, the Company
the land expressly described in Schedule C. or title been determined and no right of action shall accrue shall be subrogated to such rights and remedies in
to streets, roads avenues, lanes ways or waterways to the Insured under this policy until thirty days the proportion which said payment bears to the
on which such{and abuts, or the right to maintain after such statement shall have been furnished, and amount of said loss. If loss should result from any
therein vaults, tunnels, ramps or any other stmenne no recovery shall be had by the Insured under this act of the Insured,such act shall not void this Policy,
or improvement; or any rights or easements Herein Policy unless action shall be commenced thereon but the Company,in that event,shall be required to
unless Nis policy specifically provides that such within five years after expiration of said thirty day pay only that part of any losses insured against here-
property,right or easements are fnsmed,except that period. Failure to famish such statement of loss or under which shall exceed the amount,if any,lost to
B Ne land abut upon one or more physically open damage,or to commence such action within the time the Company by reason of the impairment of the
streets or highways this policy insures the ordinary hereinbefore specified, shall be a conclusive bar right of subrogation.The Insured,if requested by the
rights of abutting owners for access to one of such against maintenance by the Insured of any action Company, shall transfer to the Company all rights
streets or highways, unless otherwise excepted or under this Policy. and remedies against any Person or property neces-
excluded herein. sary in order to perfect such right of subrogation,and
(d) Defects lima, encumbrances, adverse 6. OPTION TO PAY, SETTLE OR shall Permit the Company to use the name of the
claims against the title as insured or other matters COMPROMISE CLAIMS Insured in any transaction or litigation involving
(1) created, suffered, assumed or agreed to by the such rights or remedies.
Insured claiming loss or damage; or (2) known to The Company shall have the option to pay or settle If the Insured is the owner of the indebtedness
the Insured Claimant either at the date of(this Policy or compromise for or in the name of the Insured any secured by a mortgage covered by this policy such
or at the data such Insured Claimant acquired an claim insured against or to pay the full amount of Insured may release or substitute the personal,suB-
estate or interest insured by this Policy and not shown this Policy, or, m case loss is claimed under this fry of any debtor or guarantor,or extend or otherwise
by the ppublic records, unless disclosure thereof in policy by the owner of the indebtedness secured by modify the terms of payment,or release a Portion of
citing by the Insured shall have been made to the a mortgage revered by this Policy,the Company sha❑ the estate or interest from the lien of the mortgage,
Company prior to the date of this Policy; or (3) have the option to purchase said indebtedness; such or release any collateral security for the indidded-
resulting in no loss to the Insured Claimant; or (4) purchase, payment or tender of payment of the full ness, provided such act does not result in my loss
affecting or created subsequent to the date hereof. amount of this Policy, together with all costs, atter- of priority of the lieu of the mortgage.
(e) Loss or damage which would not have been Heys' fees end expenses which the Company is obli-
sustefned U the Insured were a purchaser or encum- Hated hereunder to pay, shall terminate all liability 10. POLICY ENTIRE CONTRACT
brancer for value without knowledge. of the Company hereunder.In the event,after notice
of claim has been given to the Company by the Any action or actions or rights of action that the
(f) Any "Consumer Credit protection;' Insured, the Company offers to purchase said in- Insured may have or may bring against the Company
"truth in lending"or similar law. debtedness, the owner of such indebtedness shall arising out of the status of the lien of the mortgage
4. DEFENSE AND PROSECUTION OF ACTIONS transfer and assign said indebtedness and the more- covered by this policy or the title of the estate or
—NOTICE OF CLAIM TO BE GIVEN I gage securing the same to the Company upon pay- interest insured herein must be based on the provi-
ment of the purchase prim. policy.
BY THE INSURED No provision or condition of this policy can be
7. PAYMENT OF LOSS waived or changed except by writing endorsed hereon
(a The Company,at its own cost and without or attached hereto signed by the President, a Vice
undo e delay shall provide (1) for the defense of the (a) The liability of the Company under this President, the Secretary, an Assistant Secretary or
Insured fn all litigation consisting of actions or pro- Policy shall in no case exceed, in all, the actual loss other validating officer of the Company.
earrings commenced against the Insured,or defenses, of the Insured and costs and attorneys'fees which the
restraining orders, or injunctions interposed against Company may be obligated hereunder to pay. 11. NOTICES, WHERE SENT
a foreclosure or sale of the mortgage and indebted- (b) The Company will pay,in addition to any
ness covered by this policy or a sale of the estate or loss insured against by this policy, all costs imposed All notices required to oe given the Cmmpany
interest in said land; or (2) for such action as may upon the Insured in litigation carried on by the u..I :,r >tatcment h writing required to be fur-
be appropriate to establish the title of the estate or Company for the Insured,and all costs and attorneys' nkhed the Col npaoy shall be addressed to it at its
interest or the lien of the mortgage as insured,which fees in litigation carried on by the Insured with the home office ;or 421 North Main Street, Sonia Ana,
su
litigation or action in any of ch events is founded written authorization of the Company. Calituoia, or to, the office which issued this policy.