1973-0705_BECTON DICKINSON ELECTRONICS COMPANY_Corporation Grant Deed_10785 43.
RECORDING REQUESTED A
AND WHEN RICORDI D MAIL TO
N.S. I WOODSIDE/KUBOTA & Assoc., INC.
SINIMH
.. 2415 SOUTH BIRCH STREET
Ad
city A SANTA ANA, CALIFORNIA 92707
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MAIL TAX STATEMENTS TO
ar.�K 10785 "GE 4
3257 RECORDED AT REQUEST OF
FIRST AMER. TITLE INS. Co.
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
LFREE 8;OOAM JUL 5 1973
L.
WYLIE CARLYLE, County Recorder
SPACE ABOVE THIS LINE FOR RECORDER'S USE
I hereby declare the docu-
mentary transfer tax is: -,o
City of San Juan Capistrano
AFFIX I.R.S. E IN THIS SPACE
I Corporation Grant Deed I
THIS OhRM FURNISHED RV TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BECTON, DICKINSON ELECTRONICS COMPANY, a Corporation
k,
a corporation organized under the laws of the state of NEW JERSEY
hereby GRANTS to CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation
the following described real property in the
Connty of Orange , State of California:
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.t
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its Vice President and— Assistant Secretary
thereunto duly authorized.
Dated: May 7, 1973
STATE OF CALIFORNIA
} SS.
COUNTY OF OCA LG•'�-l-G'�.?�- 1
On — before me, the under
sig d, a No ary Public in an, for said State, personally appeared
known
to me to 6e the -=2-z President, and
L'�.d-z.Q /t-.
�known to IT, to be
Secretary of the Corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the Corporation therein named, and
acknowledged to me that such Corporation executed the within Instru
ment pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature ,
Eli beth F. Bailey
Name (Typed or Printed)
Title Order
Becton, Dickinson Electronics Company
By
President
By C' - —A
Assistant Secretary
OFFICIAL SEAL
ELIZABETH F. BAILEY y
NOTARY PUBLIC -CALIF OPNIA f
LOS ANGELES C:HiNT'
MyCommisslon Eaptrt-s Otx. 12. L tg
RBI So. Atroy^ PnT4ynY_ NSI Palo 9:148
(Thix alta foloftial notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE.
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AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF
THE SOUTHEAST ONE-QUARTER OF SECTION 36,T7S,R8W,SBM,
IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF FILED IN THE DISTRICT LAND OFFICE, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY LINE
OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE
OF CALIFORNIA BY DEED RECORDED APRIL 15, 1958, IN
BOOK 4255, PAGE 56�, OFFICIAL RECORDS OF SAID COUNTY,
SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT COURSE
IN SAID EASTERLY LINE DESCRIBED IN SAID DEED AS
N19017'47"W 700.02 FEET; THENCE N19°17'47"W 82.45 FEET
ALONG SAID EASTERLY LINE; THENCE LEAVING SAID EASTERLY
LINE 569017'30"E 116.78 FEET TO THE TRUE POINT OF
BEGINNING; THENCE N15°32'39"W 127.64 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING
A RADIUS OF 2250 FEET; THENCE NORTHERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 0059'39", AN ARC LENGTH OF
39.04 FEET; THENCE S59°16`02"E 54.02 FEET; THENCE
S15032'39"E 154.77 FEET; THENCE N69017'30"W 45.88 FEET
TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT WILL BE VACATED BY THE CITY OF SAN JUAN
CAPISTRANO UPON EXTENTION OF RANCHO VIEJO ROAD TO
THE SOUTH.
0785 pmi 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, WANDA E. ANDERSEN, 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 meetin of the Cit Council
of the City of San Juan Capistrano held on the day of
19a, '
i /�% �' Dmf /1�
r (� Naanda E. Andersen, City Clerk
City of San Juan Capistrano
California Land Title Association .
Standard Coverage Policy Form A M E
Copyright 1963
4;. 9 2
w".
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.
First American Title Insurance Company
BY PRESIDENT
ATTEST A SECRETARY
Form No. 1L8, -d
CallfOrnio Land Title Association
• ,
Smndsd Coveraya Pohc, Form
C""Y',ght 1963
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $ 50.00
Amount $ 2000.00 Policy No. OR -11313243
Effective Date July 5, 1973 at 13:00 A. M.
Insured
CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation.
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is:
Parcels 1 to 5. Easements.
Page 2
Form No. 1084-3
California Land Titli, Association
standard Covaajgo Policy Form OR -1138243
copyright 1963
SCHEDULEB
This policydoes not insureagainst lossordamageby reason of the matters shown in parts one and two following:
Part One:
t. Taxes or assessments which are not shown as existing I ions 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 miningclaims; reservationsor exceptions in patents or in Actsauthorizing the issuance
thereof; water rights, claims or title to water.
Part Two:
1. General and Special Taxes for the fiscal year 1973-1974, a lien not
yet payable. Code Area 23-005, A. P. No. 124-230-32•
2. The Rights of Way and incidents thereto for water ditches, as conveyed
to Capistrano Water Company by deed recorded July 12, 1901 in Book 71,
page 49 of Deeds and as reserved in the deed from John 0. Forster and
others to Domingo Oyharzabal and others, recorded November 22, 1906 in
Book 139, page 93 of Deeds.
3. The Fact that the ownership of said land does not include any rights
of ingress or egress to or from the State Highway, said rights having
been relinquished by the deed from Alice M. Buchheim to the State of
California, recorded April 15, 1958 in Book 4255, page 564 of Official
Records, provided, however, that the remaining property shall abut upon
and have access, as hereinafter provided, to said frontage road which
will be connected to said freeway only at such points as may be
established by public authority and provided further that said last
mentioned remaining property shall have access to El Horno Street by
means of a crossing under said freeway.
The said rights of access to said frontage road is hereby expressly
limited to those certain courses as having lengths of 13.29 feet and
80.00 feet.
4. A Waiver in favor of the State of California of any claims for
damages to said land by reason of the location, construction, lands-
caping or maintenance of a highway, as contained in the above mentioned
deed.
5. A Perpetual Easement for ingress, egress, pipe line and incidental
Page 3
OR -1138243
purposes over the following described land and other land, as conveyed
to the County of Orange, for and in behalf of Orange County Water Works
District No. 4, by deed recorded March 14, 1963 in Book 6466, page 628
of Official Records:
Parcel A. A strip of land 15.00 feet in width in Section 1, Township 8
South, Range 8 West and Section 36, Township 7 South, Range 8 West,
S. B. B. & M. according to the official plats thereof on file in the
Federal Bureau of Land Management, lying Northeasterly of and adjoining
the following described line:
Beginning at the Northeast corner of Lot 6 in Block A of Tract No. 808,
as shown on a Map recorded in Book 24, page 23 of Miscellaneous Maps,
records of Orange County, California; thence North 860 38' 41" West
285.70 feet along the North line of said Tract No. 808; thence North 30°
16' 16" East 173.45 feet to the true point of beginning; thence North
170 36' 50" West 247.70 feet; thence North 140 18' 47" West 501.60 feet;
thence North 180 53' 13" West 600.00 feet; thence North 210 13' 461, West
1100.92 feet; thence North 190 17' 47" West 700.02 feet; thence North
130 00' 35" West 341.80 feet; thence North 160 24' 46" West 810.76 feet
to a point, said point lying 42.94 feet South 210 24' 41" East from the
Northeast corner of the land conveyed to Carl E. Buchheim and wife by
deed recorded in Book 1400, page 315 of Official Records of Orange
County, California.
6. The Terms, covenants and conditions of an agreement dated May 31,
1963 for consent to an easement for water pipe lines and incidental
purposes, over the following described land, executed by Southern
California Edison Company and Orange County Water Works District No. 4,
recorded June 17, 1963 in Book 6592, page 760 of Official Records and
as amended by instrument recorded October 14, 1963 in Book 6760, page
447 of Official Records:
That portion of Section 36, Township 7 South, Range 8 West, S. B. B. &
M., lying within a strip of land 20 feet wide, the Southwesterly line
of which is described as follows:
Beginning at the Northwest corner of the land described in deed from
Robert B. Honeyman, Jr. and wife to Southern California Edison Company,
dated April 23, 1962 and recorded in Book 6187, page 305 of Official
Records in the office of the County Recorder of said County, said point
of beginning being also the Northerly terminus of that certain course
having a bearing of North 160 24' 46" West and a length of 810.76 feet
as described in deed from Alice Buchheim and others to the State of
California, recorded in Book 4255, page 564 of Official Records in the
office of said County Recorder; thence South 160 24' 46" East 810.76
feet; thence South 130 00' 35" East 341.80 feet and thence South 190
17' 47" East 385 feet, more or less, to the Southeasterly line of the
strip of land 100 feet wide described in deed to Southern California
Edison Company Ltd., dated November 14, 1941 and recorded in Book 1125,
page 99 of Official Records in the office of said County Recorder.
Page 4 (Continued)
OR -1138243
Excepting from said strip of land 20 feet wide the Northeasterly 11.5
feet thereof lying within said above mentioned strip of land 100 feet
wide.
7. The Fact that the ownership of said land does not include any access
or abutter's rights to or from the San Diego Freeway, said rights having
been relinquished in the deed from Rancho Los Cerritos, Inc., recorded
November 16, 1966 in Book 8104, page 565 of Official Records.
8. A Waiver in favor of the State of California of any claims for
damages to said land by reason of the location, construction, lands-
caping or maintenance of said Freeway, as contained in the above
mentioned deed.
9._ An Easement and right of way over the herein described land for the
erection, construction and maintenance of pole lines, towers, under-
ground conduits and incidentals thereto on other land, as conveyed to
San Diego Gas and Electric Company by instrument recorded July 25, 1967
in Book 8320, page 514 of Official Records, upon the terms and condi-
tions contained therein, record reference being made for full particulars.
10. The Terms and conditions contained in an instrument dated September
2, 1970, executed by and between Rancho Los Cerritos, Inc. and Becton,
Dickinson Electronics Company relating to a slope easement over land
adjacent and adjoining the herein described land, for prevention of
subsidence of said adjoining land onto the herein described land,
recorded October 27, 1970 in Book 9443, page 71 of Official Records,
record reference being made for full particulars.
11. The Deed from Bacton, Dickinson Electronics Company, a corporation,
to City of San Juan Capistrano, a municipal corporation, recorded July
5, 1973 recites: Said easement will be vacated by the City of San Juan
Capistrano upon extention of Rancho Viejo Road to the South.
Page 5
Form No. 1056-4
All Policy Forms SCHEDULE C OR -1138243
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:
Parcel 1. An easement for storm drain purposes over that portion of the
Southeast one-quarter of Section 36, Township 7 South, Range 8 West, SBM
according to the Official Plat thereof filed in the District Land Office,
described as follows:
Beginning at a point in the Easterly boundary line of that certain parcel
of land conveyed to the State of California by deed recorded April 15,
1958 in Book 4255, page 564 of Official Records, said point being the
Southerly terminus of that course in said Easterly line described as
North 190 17' 47" West 700.02 feet; thence North 190 17' 47" West 700.02
feet along said Easterly line; thence North 13' 00' 35" West 341.80
feet; thence North 16o 24' 4611 West 355.33 feet; thence North 14o 31'
51" West 399.82 feet; thence North 700 43' 31" East 53.61 feet to the
beginning of a tangent curve concave Northwesterly having a radius of
45 feet; thence Northeasterly along said curve through an angle of 40
04' 10", an arc length of 3.20 feet; thence North 230 20' 38" West 5.00
feet to the true point of beginning; thence North 30° 31' 2911 West 9.69
feet; thence North 590 28' 31" East 10.00 feet; thence South 300 31' 2911
East 9.69 feet to the beginning of a non -tangent curve concave North-
westerly having a radius of 40 feet, a radial line of said curve through
said point bearing South 370 42' 20" East; thence Southwesterly along
said curve, through an angle of 140 21' 4111, an arc length of 10.03 feet
to the true point of beginning.
Parcel 2. An easement for road purposes over that portion of the South-
east one-quarter of Section 36, Township 7 South, Range 8 West, SBM,
according to the Official Plat thereof filed in the District Land Office,
described as follows:
Beginning at a point in the Easterly boundary line of that certain parcel
of land conveyed to the State of California by deed recorded April 15,
1958 in Book 4255, page 564 of Official Records, said point being the
Southerly terminus of that course in said Easterly line described in
said deed as North 190 171 47" West 700.02 feet; thence North 19° 17' 47"
West 82.45 feet along said Easterly line; thence leaving said Easterly
line South 690 17' 30" East 116.78 feet to the true point of beginning;
thence North 15° 32' 39" West 127.64 feet to the beginning of a tangent
curve concave Westerly having a radius of 2250 feet; thence Northerly
along said curve, through an angle of 0° 59' 3911, an arc length of
39.04 feet; thence South 590 16' 02" East 54.02 feet; thence South 150
32' 3911 East 154.77 feet; thence North 690 17' 30" West 45.88 feet to
the true point of beginning.
Parcel 3. An easement for slope and drainage purposes over that portion
of the Southeast quarter of Section 36, Township 7 South, Range 8 West,
SBM, as said Section is shown on the Official Plat of said land filed
in the District Land Office, described as follows:
Beginning at a point in the Easterly boundary line of that certain
oR-1138243
parcel of land conveyed to the State of California by deed recorded April
15, 1958 in Book 4255, page 564 of Official Records, said point being
distant along said Easterly line North 190 17' 47" West 82.45 feet from
the Southerly terminus of that course in said Easterly line described
in said deed as having a bearing and distance of North 19° 17' 47" West
700.02 feet, said Southerly terminus being an angle point in said East-
erly line, which said angle point lies North 710 06' 47" East 145.00
feet from State of California Division of Highways Freeway Center Line
Station 566+00.00 as shown on said Division of Highways Right of Way Map
No. F-1882; thence along the Easterly line of said Division of Highways
Right of Way as shown on said Map No. F-1882, North 190 17' 47" West
617.57 feet; thence North 130 00' 35" West 341.80 feet; thence North
160 24' 46" West 355.33 feet; thence North 14° 31' 51" West 188.33 feet;
thence North 87° 18' 54" East 32.17 feet to the beginning of a curve
concave to the East and having a radius of 815.00 feet, a radial line to
said curve at said beginning bearing South 87° 18' 54" West; thence
Southerly along said curve, through a central angle of 220 32' 5611, an
arc length of 320.74 feet; thence South 250 14' 02" East 100.72 feet to
the beginning of a tangent curve concave Westerly and having a radius of
885.00 feet; thence Southerly along said curve, through a central angle
of 180 13' 58", an arc length of 281.63 feet; thence South 70 00' 04"
East 100.37 feet to the beginning of a tangent curve concave Easterly
and having a radius of 790.00 feet; thence Southerly along said curve,
through a central angle of 14° 25' 28", an arc length of 198.89 feet;
thence South 21° 25' 32" East 216.98 feet to the beginning of a tangent
curve concave Westerly and having a radius of 2185.00 feet; thence
Southerly along said curve, through a central angle of 5' 52' 53"2 an
arc length of 224.29 feet; thence South 15' 321 39" East 79.97 feet;
thence North 690 17' 30" West 36.18 feet to the point of beginning.
Parcel 4. An easement for road purposes over that portion of the
Southeast quarter of Section 36, Township 7 South, Range 8 West, SBM,
as said Section is shown on the Official Plat of said land filed in the
District Land Office, described as follows:
Beginning at a point in the Easterly boundary line of that certain
parcel of land conveyed to the State of California by deed recorded April
15, 1958 in Book 4255, page 564 of Official Records, said point being
distant along said Easterly line North 19° 17' 47" West 82.45 feet from
the Southerly terminus of that course in said Easterly line described in
said deed as having a bearing and distance of North 190 17' 47" West
700.02 feet, said Southerly terminus being an angle point in said East-
erly line, which said angle point lies North 710 06' 47" East 145.00
feet from State of California Division of Highways Freeway Center Line
Station 566+00.00 as shown on said Division of Highways Right of Way Map
No. F-1882; thence South 69° 17' 30" East 116.78 feet to the true point
of beginning; thence North 15° 32' 39" West 127.64 feet to the beginning
of a tangent curve concave Westerly and having a radius of 2250.00 feet;
thence Northerly along said curve, through a central angle of 50 52' 53",
an arc length of 230.96 feet; thence North 210 25' 32" West 216.98 feet
to the beginning of a tangent curve concave Easterly and having a radius
Page 7
OR -1138243
of 725.00 feet; thence Northerly along said curve, through a central
angle of 140 25' 28", an arc length of 182.52 feet; thence North 70 00'
04" West 100.37 feet to the beginning of a tangent curve concave West-
erly and having a radius of 950 feet; thence Northerly along said curve,
through a central angle of 18° 13' 5811, an arc length of 302.31 feet;
thence North 25° 14' 02" West 100.72 feet to the beginning of a tangent
curve concave Easterly and having a radius of 750.00 feet; thence North-
erly along said curve, through a central angle of 31° 08' 05", an arc
length of 407.55 feet; thence North 50 54' 03" East 101.82 feet to the
beginning of a tangent curve concave Southeasterly and having a radius
of 25.00 feet; thence Northerly and Northeasterly along said curve,
through a central angle of 85° 05' 22", an arc length of 37.13 feet;
thence North 0° 591 25" East 50.00 feet to the Northerly line of the
Southeast quarter of said Section 36; thence along said Northerly line
North 890 00' 35" West 86.86 feet to the beginning of a curve concave
Westerly and having a radius of 764.60 feet, a radial line to said curve
at said beginning bearing South 89° 08' 54" East; thence Southerly along
said curve, through a central angle of 50 02' 57"1 an arc length of 67.38
feet; thence South 5° 54' 03" West 101.82 feet to the beginning of a
tangent curve concave Easterly and having a radius of 815.00 feet; thence
Southerly along said curve, through a central angle of 31° 08' 05", an
arc length of 442.87 feet; thence South 250 14' 02" East 100.72 feet to
the beginning of a tangent curve concave Westerly and having a radius
of 885.00 feet; thence Southerly along said curve, through a central
angle of 18° 13' 58", an arc length of 281.63 feet; thence South 7° 00'
04" East 100.37 feet to the beginning of a tangent curve concave East-
erly and having a radius of 790.00 feet; thence Southerly along said
curve, through a central angle of 14° 25' 28", an arc length of 198.89
feet; thence South 210 25' 32" East 216.98 feet to the beginning of a
tangent curve concave Westerly and having a radius of 2185.00 feet; thence
Southerly along said curve, through a central angle of 5' 52' 53", an arc
length of 224.29 feet; thence South 150 32' 39" East 79.97 feet; thence
South 690 17' 30" East 80.60 feet to the true point of beginning.
Parcel 5. An easement for storm drain purposes over a strip of land 20
feet in width lying within the Southeast one-quarter of Section 36,
Township 7 South, Range 8 West, SBM, according to the Official Plat
thereof filed in the District Land Office, the center line of said strip
described as follows:
Beginning at a point in the Easterly boundary line of that certain parcel
of land conveyed to the State of California by deed recorded April 15,
1958 in Book 4255, page 564 of Official Records, said point being the
Southerly terminus of that course in said Easterly line described as
North 19° 17' 47" West 700.02 feet; thence North 190 17' 47" West 700.02
feet along said Easterly line; thence North 130 00' 35" West 341.80 feet;
thence North 16° 24' 46" West 355.33 feet; thence North 140 31' 51" West
399.82 feet to the true point of beginning; thence North 700 43' 31" East
53.61 feet to the beginning of a tangent curve concave Northwesterly
having a radius of 45 feet; thence Northeasterly along said curve,
through an angle of 22' 30' 00", an arc length of 17.67 feet; thence
0 0
OR -1138243
North 480 13` 31" East 48.81 feet to the Northeasterly terminus of said
strip, said strip bounded on the Northeast by a curve concave Westerly
having a radius of 764.60 feet, a central angle of 1° 3` 18" and an arc
length of 14.08 feet, a radial line of said curve through said terminus
bearing South 870 02' 19" East and bounded on the West by a line bearing
North 140 31' 51" West through the true point of beginning.
PDL:GR Page 9
California Lend Title Association 10
Standard Coverage Policy Form
Copyrigyht 1963
Form IOB4
1. DEFINITION OF TERMS
The following terms when used in this policy
mean:
(a) 'land": the land desccibed, speciRcallyy m
by reference in Schedule C and improvemenb a®ited
thereto whil by law constitute real pmperty;
(b) pubtic secerda": those records which I. -
fort twmtructive notice of matters relating to said
laud;
(c) "knowledge": or actual knowledge, not con-
structive knowledge by s notice y pub may ar imputed
to the Insured "dater
reason effective any public records;
fd) ' dace' : theortgadata;
e; "mortgage mortgage, deed of trust, trust
deed, cirff other security instruments; or and
ffl insured"i the Party or parties named as
a mortgage shown in Schedule B is named as an
used in Schedule A, the Insured shall include (1)
h successor in interest in ownership of such in -
deduces. (2) any such owner who acquires the
ate or interest referred to in this Policy by fore-
suro, trustee's sale, or other legal manner in satis-
facliOn of said mdentatlaess, and (J) any reaerar
agency or instrumentality which is an insurer or guar -
"We under an insurance contract or guaranty insur-
ingor guaranteeing said indebtedness, or any part
thereof, whether named ss an Insured herein or not,
subject otherwise to the provisions hereof.
2. BENEFITS AFTER ACQUISITION OF TITLE
If ad insured owner of the indebtedness secured by
a mortgage described in Schedule B acquires said
estate or interest, or any part thereof, by foreclosure,
trustee's sale, or other legal manner in satisfaction
of said indebtedness, or any part thereof, or if a
federal agency or instrumentality acquires said estate
or interest, or any part thereof, as a consequence of
an insurance contract or guaranty insuring or Searan-
facing the indebtedness secured by a mortgage cov-
ered by this Policy or any part thereof, this policy
shall continue in force in favor of such Insured,
agency or instrumentality, subject to all of the con-
ditions and stipulations hereof.
3. EXCLUSIONS FROM THE COVERAGE
OF THIS POLICY
This policy does not insure against loss or damage
by reason of the following:
(a) Any law, ordinance or governmental regu-
lation (including but not limited to building and
adding ordinances) restricting or regulating or pro-
hibitinu the oocuoanev. use or enjoyment of the land,
of any improvement now or Perceiver erected on said
land, or prohibiting a separation in ownership or a
reduction in the dimensions or area of any lot or
parcel of land.
(b) Ceivemmental rights of Police Power or
eminent domain unless notice of the exercise of such
rights appears in the public records at the date
hereof.
(c) Title to any properly beyond the lines of
the land expressly described in Schedule C, or title
to streets, roads, avenues, lanes ways or waterways
on which such land abob, or the right to maintain
therein vaults, tunnels, rampps or any other structure
or improvement or any 'ghts or easements therein
unless this policy specifically provides that such
property, rights or easements am insured, except that
if the land abuts upon one or more physically open
streets or highways this policy insures the ordinary
rights of abutting owners for access m one of such
streets or highways, unless otherwise excepted or
as insured or
ssumed or ago
Insured claiming loss or damagethe ; or (2) (mown In,
the Insured Claimant eitfier et dale o this Policy
or at the date such Insured Claimant acquired an
estate or interest insured by this policy and not shown
by the ppuublic records, unless sclosum thereof in
writing by the Insured shall have been made to the
Company prior to the date of this Policy; or (3)
resulting in no loss to the Insured Claimant; or (4)
attaching or created subsequent to the date hereof.
( e) Loss or damage which would not have been
sustained if the Insured were a purchaser or encum-
brancer for value without knowledge.
(f) Any "consumer credit protection;'
"truth in lending" or similar law.
4. DEFENSE AND PROSECUTION OF ACTIONS
—NOTICE OF CLAIM TO BE GIVEN
BY THE INSURED
(a The Company at its own cost and without
undue delay shall proviae (1) for the defense of the
Insured in all litigation consisting of actions or pro-
ceedings commenced against the Insured, or defenses,
restraining orders, or injunctions interposed against
a foreclosure or sale of the mortgage and indebted-
ness covered by this policy or a sale of the estate or
interest in said land; or (2) for such action as may
be appropriate to establish the title of the estate or
interest or the lien of the mortgage as insured, which
litigation or action in any of such events is founded
CONDITIONS AND STIPULATIONS
upon an alleged defect tier or encumbrance insured
against by this Policy, end may pursue any litigation
be final determination in the court of last resort.
(b) In case any such action or proceeding shall
be begun, or defense interposed, or in case knowl-
edge shall come to the Insured of any claims of tide
or interest which is adverse to the title of the estate
or interest or lien of the mortgage as insured, or
which might cause loss or damage for which the
Company shall or may be liable by virtue of this
policy, or U the Insured shall in good faith contract
for sell the indebtedness secured by a mortgage cov-
ered by this policy, or if sonInsured in good faith
ra
leases or contracts to sell, lease or mortgage the same,
or if the successful bidder at a foreclosure sale under
is mortgage cove... my a,.- W'. • .one
and in any such event the 8 e to s.
is rdaeted as unmarketable. the
not be given to me
receipt of process or
not, in writing, prow
v defect, lien or em
he Insured shell not,
hility of title, then all liability of
lend to the subject matter of such
or matter shall cease and termt-
.ever that failure to notifv shall
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its
own cost to institute and prosecute any action or
proceeding or do any other act which in its opinion
may be necessary or desirable to establish the title
of the estate or interest or the lien of the mortgage
as insured; and the Company may take any appro-
priate action under the terms of this policy whether
or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision of
this Policy.
(d) In all cases where this policy permits or
requires the Company to prosecute or provide for
the defense of any action or proceeding, the Insured
hall secure to it the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and Permit it to use, at its option, the name
all reasonable aid in any such action or proceeding,
in effecting settlement, securing evidence, obtaining
witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse the
Insured for any expense so incurred.
S. NOTICE OF LOSS—LIMITATION OF ACTION
In addition to the notices required under para-
graph 4(b), a statement in writing of any loss or
damage for which it is claimed the Company is liable
under this policy shall be famished to the Company
within sixty days after such loss or damage shall have
been determined and no right of action shall acerae
to the Insured under this Policy until thirty days
after such statement shall have been furnished, and
no recovery shall be had by the Insured under this
Policy unless action shall be commenced thereon
within five years after expiration of said thirty day
Period. Failure to furnish such statement of loss or
damage, or to commence such action within the time
hereinbefore specified, shall be a conclusive bar
against maintenance by the Insured of any action
under this Policy.
6. OPTION TO PAY, SETTLE OR
COMPROMISE CLAIMS
The Company shall have the option to pay or settle
or compromise for or in the name of the Insured any
claim insured against or to pay the full amount of
this policy, or, in case loss is claimed under this
Policy by the owner of the indebtedness secured by
a mortgage covered by this Policy, the Company shall
have the option to purchase said indebtedness; such
purchase, payment or tender of payment of the full
amount of this Policy, together with all costs, attor-
neys' fees and expenses which the Company is obli-
gated hereunder to pay, shall terminate all liability
of the Company hereunder. In the event, after notice
of claim has been given to the Company by the
Insured, the Company offers to purchase said in-
debtedness, the owner of such indebtedness shall
transfer and assign said indebtedness and the mort-
gage securing the same to the Company upon pay-
ment of the purchase price.
7. PAYMENT OF LOSS
(a The liability of the Company under this
policy shall in no case exceed, in all, the actual loss
of the Insured and costs and attorneys' fees which the
Company may be obligated hereunder to pay.
loss insured a Company
this 1 pay, in addition to any
againsty policy, all costs imposed
upon the Insured in litigation carried on by the
Company for the Insured, sad all its and attorneys'
fees in litigation carried on by the Insured with the
written authorisation of the Company.
(c) No claim for damages shall arise or be
maintainable it. this r (1) if the Company.
after having received not, of an alleged defect, lien
or encumbrance not excepted or excluded berefn re-
moves such defect, lien or encumbraace within a
reasonable time after receipt of such notice, or (2)
the Company, or (3) as me event we Cue is m
as unmarketable because of a defect, lien or in
broom not excepted or excluded in this Policy,
there has been a final determination by a cos
competent jurisdiction sustaining such rejection
(d) All ayments under this policy, excep
menus made for coshm
, etrneys' feet and exp
shall reduce the amount of the insurance pro
and no payment shall be made without prod
this policy for endorsement of suchyaMerit ,
the Policy be lost or destroyed in which case
of such loss or destruction shah be furnished I
the owner of an indebtedness secured by a mortgage
shown in Schedule B is an Insured herein than such
payments shall not reduce pro tanto the amount of
the insurance attended hereunder as to such Insured,
except to the extent that such payments reduce the
amount of the indebtedness secured by such mort-
gage. Payment in full by any person or voluntary
satisfaction or release b1the Insured of a mortgage
covered by this policy ahall terminate all liability of
the Company to the insured owner of the indebted-
ness secured by such mortgage, except as provided
in paragmph 2 hereof.
(e) When liability has been definitely fixed in
accordance with the conditions of this Policy the loss
or damage shall be payable within thirty days them -
after.
R. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of this
Policy is reduced by any amount the Company may
pay under any Policy insuring the validity or pri-
ority of any mortgage shown or referred to in Sched-
ule B hereof or any mortgage hereafter executed by
the Insured which u a charge or lien on the estate
or interest described or referred to in Schedule A.
and the amount so Paid shall be deemed a payment
to the Insured under this policy. The provisions of
this paragraph numbered 8 shall not apply to an
Insured owner of an indebtedness secured by a mort-
gage shown in Schedule B unless such Insured ac-
quires title in said estate or interest in satisfaction
of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT
OR SETTLEMENT
Whenever the Company shall have settled a claim
under this Policy, all right of subrogation shall vest
in the Company unaffected by any act of the Insured,
and it shall he subrogated to and be entitled to all
rights and remedies which the insured would have
had against any Person or property in respect to such
claim had this policy not been issued. If the payment
does not cover the loss of the Insured, the Company
shall be subrogated to such rights and remedies in
the proportion which said payment bears to the
amount of said loss. If loss should result from any
act of the Insured, such act shall not void this Policy,
but the Company, in that event, shall be required to
pay only that part of any losses insured against here -
der which shall exceed the amount, if any, lost to
the Commons, by reason of the immunnent of the
against any Person or
to perfect such right of
the Company to use t
my transaction or litf
such rights or remedies.
If the Insured is the owner of the indebtedness
secured by a mortgage covered by this Policy, such
Insured may release or substitute the Personal liatifi-
ity of any debtor or guarantor, or extend or otherwise
modify the terns of payment, or release a portion of
the estate or interest from the lien of the mortgage,
or release any collateral security for the indebted-
ness, provided such act does not result in any loss
of priority of the lien of the mortgage.
10. POLICY ENTIRE CONTRACT
Any action or actions or rights of action that the
Insured may have or may bring against the Company
arising out of the status of the lien of the mortgage
covered by this policy or the title of the estate or
interest insured herein must be based on the provi-
sions of this policy.
No provision or condition of this policy can be
waived or changed except by writing endorsed formed
or attached hereto signed by the President, a Vice
President, the Secretary, an Assistant Secretary or
other validating officer of the Company.
11. NOTICES, WHERE SENT
All notices required to oe given the Company
and arts statement in writing required to be fur-
nished the Company shall be addressed to it at its
home office at 421 North Main Street, Santa Ana,
Cuhforala, or to the office which issued this policy.
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RECEIVED
SANTA ANA
Jug 1') 1973
NOW DE-KUGOTA & ASSM
CONSULTING ENGINEERS
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SANTA ANA
Jug 1') 1973
NOW DE-KUGOTA & ASSM
CONSULTING ENGINEERS