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HomeMy WebLinkAboutD-0314 I, . , RESOLUTION NO. 96S. A R.:::SOLGTION OF THE CITY COUllCIL OF 'rIlE CITY,JOR ARC"DIA APPhOVING THE 'I'~,R'MS"OF AND ACCEPTING GRANT DEED CONVEYING FOil USE AS A SITE ;'0.\ A \'IATio:R HES;;;HVOIR, CERTAIN REAL FROfERTY IN THE CITY OF ARCADIA, COUNTY OF L02 ANGELES, STATE OF CALIFORNIA. THE CITY COUNCIL OF THE CITY OF ARCADIA DOE~; i\ESOL'!E AS FOLLOWS: SECTION 1. That the terms and conditions of that certain Grant Deed, axecuted by ANITA M. BALDWIN on the 30th day of September, 1938, conv~ying to the City of Arcadia certain real property con- taining an area of 2.629 acres, more or less, for use as a site for a water reservoir, be and the same are hereby approved. SECTION 2. That the terms and conditions contained in said Grant Deed, Granting an easement to the City of Arcadia to construct, operate and maintain a water pipe line upon a certain , strip of land five (5') reet in width, along Lots 1 and 6 or Tract 948, partly in the City of Arcadia, and in the County of Los Angeles, state of California, be and the same are hereby approved. SECTION 3. That the conveyance of the real property to be used as a site for the ~ater reservoir and the easement for the construction, operation and maintenance of a water pipe line upon the real property described in sald Grant Deed be and the SaI:le is hereby accepted on behalf of the City or Arcadia, upon the terms and con- ditions set forth in said Grant Deed. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. I hereby certify that the foregoins Resolutisn was adopted at a regular meeting of the City Council of the City ot Arcadia, held on the 21st day of March vote of at least three CounCilmen, to-wit: AY'''':SI Councilmen, Bolz, Griff'itts, Malin, Murphy and Niday ,1939, by t.i.1e affirmative NO~S: None ABSE:-lT: N(lne ... ~ J ' --- ~ CI'er ' .' ') , Signed and approved thin ?lst da.;,' of March , 1939. ATT:;ST: ~~Gi) City Clerk . a~- 21) cJ'~ Byor -1- 'l I 1 2 3 4 5 6 7 8 9 10 11 " , , c' , 12 13 14 15 16 17 ~ 0 ~ ~ ' 18 ~ " ~ . . . o. ~. ' 19 ~ 0 ~ ."0 ~ ~ :::c: . iii o 0 . 20 ~. " :c 10 ~ ri.1l'I:z: ~.~ ~ ri CD 21 i;O 3 , . 22 ~ " > - ~ , ~. ~ ~ 23 s 24 25 26 27 28 29 30 31 32 0 u " " " " ~ GRANT DEED In consideration of one dollar ($1.00), receipt of uhich is hereby acknowledged, ANITA M. BALD~IN, an unmarried woman, does here~ by grant to the CITY OF ARCADIA, a municipal corporation of the county of Los Angeles, state of California. that certain real property in the City of Arcadia, County of Los Angeles. State of California, described as: That portion of Lot 1 of Tract No. 948, as shown on map recorded in Book 17. Page 21 of Maps, Records of said County, described as follows: Beginning at the Northwest corner of said Lot 1; thence S 2059'4011 VI along the Westerly line of said Lot. 280.00 feet; thence N..2059.'40" "E. parallel to th~ North line of said Lot, 470.00 feet; thence N 20046'50" W, in a direct line to the intersection with said Northerly line of said Lot 1. distant N89002'5Q" E, 350.00 feet thereon from the point of beginning; thence S89002'5011 W, 350.00 feet to the point of beginning; containing an area of 2.629 acres more or less, PROVIDED, HOWEVER, that this conveyance is made and accepted and said realty is hereby granted subject to the agreements, coven- ants, conditions subsequent, and restrictions hereinafter set forth in paragraphs numbered 1 to 11 inclusive, hereinafter for convenienc referred to as "restrictions": 1. That said real property shall be used only as a site for a ~ater reservoir; that no buildings or structures other than one reservoir, together uith such necessary appurtenances thereto for the operation of the same, shall be thereon erected. 2. That no portion of said reservoir shall be erected to a height in excess of, or reach an elevation greater than, seven hundr d fifty (750) feet above the United States Geological Survey Datum Pla . 3. That the real property shall be graded, landscaped and ornamentally planted, and at all times shall be maintained in a . clean, orderly and neat appearing manner. to the satisfaction of grantor, her successors or assigns. 4. That no grading, landscaping, ornamental planting or J , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 z 0 ~ ~ ' . " 18 w. . . o . . ~ ' CI 0 ~ 19 ~"u w~ ::: . Ii . 0 . 20 o. " ::c W) ~ ffi::~ ~ iii II 21 0_0 ZO. , . w " 22 > - . , wm ~ w . 23 24 25 26 27 28 29 30 31 32 ~ ~ improvement or any alteration thereto shall be made by grantee on said premises until plans and specifications therefor shall have been first approved by grantor or her successors or assigns or by an agent . appointed in writing by grantor or her successors or assigns. 5. That grantee shall erect and maintain a fence along the westerly, northerly and southerly lines of the property hereby granted, and that such fence shall not be erected thereon until the specifications thereof shall have been first approved by grantor or her successors or assigns or by an agent appointed in writing by grantor or her successors or assigns. 6. That that certain wash or water course at the date hereof existing along the east and north boundaries of the property herein conveyed shall at no time be used as a public or private dump; that no material or substance of any kind, except clean dirt, stone or concrete, shall be placed therein. 7. The erection and construction of said reservoir upon said property shall be completed within one year from the date of the 17ithin deed. (L...,., (,_~-!-:; ~ ~k.,) 8. That grantee shall furnish water at the prevailing water rates r:ithin the City of Arcadia and at sufficient pressure and quantities to secure adequate fire protection to any portion of Lots 3 and 4 of Tract 948, as shown on map recorded in Book 17, Page 21 of Haps, Records of Los Angeles County, and any portion of Rancho ' Santa Anita as described in Patent Book No.1, Page 197, records of said county, located in any unincorporated territory of Los Angeles County and at the date hereof owned by grantor, and grantee shall deliver to grantor, her successors or assigns, said water to the boundaries of such land at the date hereof ormed by grantor. 9. Each and all of said covenants, restrictions and agree- ments shall be deemed and construed to be continuing ones and in full force and effect perpetually, and the extinguishment of any right of re-entry or reversion for any breach shall not impair or "", 13 % q -2- " ,,' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 z 0 . . ' " . 18 ~ . . . o . ". ' Cl 0 ~ 19 . "u ~~ :r . iii 00. 20 00" :::c I) ~ ei~~ ~ ri II 21 0_0 z.~ , . ~ . 22 > - " , ~ . . ~ z 23 24 25 26 27 28 29 30 31 32 0 ~ . . 1- - , affect any of 'said covenants or restrictions so far as any future or other breach is concerned. 10. It is expressly agreed that in the event any covenant, condition or restriction hereinabove contained, or any portion thereOr' is invalid or void, such invalidity or voidness shall in no way affec~ any valid covenant, condition or restriction. ~No failure or neglec , , however long continued, on the part of the grantor, her successors or assigns, to enforce compliance by the grantee with any term, cove - ant or condition of this deed shall ever constitute or be construed as a waiver of any such term, covenant or condition.') 11. Each \of the covenants and agreements made by grantee and each and all t1restrict ionst1 shall be binding upon the assigns and successors' of the grantee and shall inure to the benefit of the successors of the grantor. AND, for and in consideration of one dollar ($l.OO), receipt of ~hich is hereby aCknowledged, said grantor does hereby grant to said grantee full and free right and authority, and as an easement, to enter upon and to construct, operate and maintain a water pipe line upon a strip of land five (5) feet in width, described as follows: The ~esterly five (5) feet of Lots One (1) and Four(4) of Tract 948, partly in the City of Arcadia and in the County of Los Angeles, State of California. as shown on map recorded in Book 17, Page 21 of Maps, records of said county; EXCEPT any portion thereof contained in the real property in the within deed heretofore conveyed, and also EXCEPT any portion thereof within the botllldaries of Foothill Boulevard; Said grantor hereby reserving the right to dedicate any portion thereof to the public use without further consideration. PROVIDED. HOVffiVER, that this easement is hereby granted to and accepted by grantee upon the following conditions, restrictions and covenants: One: That any and all pipe lines at all points shall be laid and maintained at a depth of not less than three (3) feet below J -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 z 0 ~ ~ ' z " 18 w. . . o. z ~ ' CI 0 ~ 19 ~"u w~ :::c . iii o 0 . 20 ~ ~ " :::c 10 ~ ffi::: ~ Ii III 21 ~ _ 0 z.~ , . w " 22 > - z , w. . w 23 . 24 25 26 27 28 29 30 31 32 8 " 929.3 8~ the existing center line of the pavement on Baldwin Avenue as of this date. DATED this ;:)()-!L day of , 19.38. . STATE OF CALIFORNIA, ~ ss. County of Los Angeles, On this -;:Jo+l day of September, 19.38, before me, ..<S? ~, a Notary Public in and for said County, personally appeared ANITA M. BALD~IN, kno\TI1 to me to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same. ~ WITNESS my hand and official seal. ,6?~ NOTARY LIe in and for said County and State. M!I e~l~l""on D:r.;rc, ;,:'y 15i 1941. . C ,/ -4- ....... :j;61~r;(};7l:/;*?~'Fd-.~~.=t~~ I : ,c " ;d.; ..c=:. .;::.:; c) r. ~)-</ Ce?/ q::-"" ~ .( t . , -tl,.,L.r;' .k.., -/.f6'; If {,: /~ s.t <"..?&' f'_ A .p-E ""T~ """l" C~YY'E. ~i//c.. ~"i --<<' ~ /' r?1t ?7s1~ /..f"~.?f; ,/4" . ....::, 8"~ c:? 6.; fC,? /;vv fT~J; 0.: -4./V r'" Y", Yv.)-v I J", i~-R 9' . ~ j f t -- t .. , I 7' t /,: :'t . - t' t' , . ~ ... ..~ .l- t ... + t of '. f .ic>Gj ;i.~~1P$-:~F?1~~/-i: IH .1 gy i <l~:tr^/~ Cpi rt L"..f /;t~- ~ f ~'" ~-?~~ II . \@~.../:( ff~ ~Y"L 1'~ /t ?-J':tP ,I; t r--4 j :.. I tN /&7" _f?..~' a-elf ~ ~t1:;c;f4f/', r,/", ....y ~'rt' ~""~/ I ,~r7c);! :1--6.. t -:v _ ~"f~r.$~ l' "j ~ ~~/""f7'" ~(""e , ,-/& f.4<R... V"/~' 1/:, .-5'r// +/\/7 ~'-~ ?f .c' ';;-L.~ idsA AL, ~9 :O?-j /St!)'E 3~"t::''' ~~~P-t fl"h7 . , I Ip"L. L'I,.c~c"'.Y" .:,t:'.-? S r?'C r~,2..'I"'-d"';A ';;>.5-0""- ~~ : f~ (-~ ~r):- ~~,. 0/1 - 110' r~: t 'I '! :~ : It -, : t ' r t i . , +- . !' .. tit t t ;..;, t 1ft I, j I . I .. h. t 't" r - I I! I . t +.. .. 0} + - j I ' I I t - .. t ~ ! I . j - .. t i 1 ~ _.. _ T I:: I --t .: : r 1. _ l . , ",;-. . I. . " ' ... , . I j I ~ t t .. t , - t t + + ~, t t -, I t I I t t tH t I 1 t 1 I I , t j 1 I t , . ,. .D '3//f . " I t l , + . .. I i " I t .. , t - . j f , -! I I ,. , t + t ! t I . t , + j , , I t [ 1 I j t 'A~-r;;- ~' . .\,\ '1167 w. H. NESBITT, CIty ~ . P. 0, BOX 5571 ~ ~, .. " 'f~i-:(:6;"(c--'~,:r ;'/rf';, I fJJ4R I.u,_, ; ;,',.. .. ...." " 24 193~ Ir:i' :,., ' .. , '9 I,fl ~ - ; :t!t,l";(lg,,,, '. h,' T 1; Ii/V ?' Mcrtg;'kl.;' :, .. !~l "". ....... ~ ' .. '" INJ",/,,",LSO ...;'.~@r," ,:~.... 'T ,'to "If "f'=" ...,....<."; t .....';,5 . II ,e,," ::1.....,~ Ii ,'" ,...:,;.... 'J" ,)/r.IC";\;' rIE";'O"!':'.:,,, ~~l!.l"'~".,.., '..' " ,I. n 1.)1 . ).~ ........ 'l'?f,fl . l..J' V'I d 1=\ n' "AL I S JI~r~ ~:.. .... '/ " .' .... .JJ., I. . ~..,. II 1.\......... ~~j.c~ f'"' >' "', -r- ...., ...., nt~.~ ..V;.~,.C---:-.:;t.- (~:'l'ri't"-." . r. ".-1.1 U~t ~I.' 'I 'f ,Cf"tit_ ~;,a~ I ~a" " €i'fl'J' 'c: ," ....,. liS "'" J.' , . J l. ~<JU ._,1. f\.fh~ {€ I~P, .. _ ,f' ';',-;;;->~"h", ~.q'/.)'''''H''' \..--....~ ~,...-~ !;AN_'f_"',~ . " '. . . . ~ .V:~ ~ 1- "':~".::f':~<1 ~:. #/al J.JeoA4 '~7'~,,_ ~ :-.'- ~ ....l a\i.~. "I j <(1 ':1, . f / 314J, .',;,. ,.. r, s....:6. GRANT DEED ANITA M. BALm':IN, an unmarried woman, GRANTOR CITY OF ARCADIA, a municipal corporation, GRANTEE. DATED: SEPTE~ffiER ___, 1938. MESERVE, MUMPER, HUGHES & ROBERTSON SUITE 615. 555 SOUTH FLOWER ST. LOS ANGELES. CAL. PHONE TRINITY 6161 1..110 TOIVIER.L.EE co..!...... r ~ 1 ESTATE OF ANITA M. BALDWIN SUITE 822 . 433 SOUTH SPRING STREET LOS ANGELES, CALIFORNIA Oct. 9, 1940 James C, Bone, City Attorney City of Arcadia, Arcadia; California, Dear Mr, Bone: I enclose herewith a letter from Dextra Baldwin Jones and Baldwin M. Baldwin which extends the date of completion for the new reservoir on Baldwin and Orange Grove Avenues to July 1, 1941. If this time is insufficient it can again be ex- tended, Very truly yours, RLK:GD Ene!. ~11 Knisley ESTATE OF ANITA M, BALDWIN SUITE 822 . 433 SOUTH SPRINQ STREET LOS ANGELES. CALIFORNIA Oct. I, 1940 The Honorable The City Council, City of Arcadia, Arcadia, California, Gentlemen: Reference reservoir site corner Baldwin and Orange Grove Avenues, City of Arcadia, In that certain Grant Deed executed by Mrs. Anita M. Baldwin on Sept. 30, 1938 by which the reservoir site was deeded to the City of Arcadia, there was a provision con- tained ~lacing a time limit upon the comple- tion of the reservoir. This proNision is con- tained in Paragraph 7 of the grant deed and reads as follows: "The erection and con- struction of said reservoir upon said property shall be completed within one year from the date of the within deed." It is our understanding that the City of Arcedia, by act of its directors, is letting a contract on this date for the construction of this reservoir. Providing this reservoir is completed by July 1st, 1941, we; the under- signed, Dextra Baldwin Jones and Baldwin M. Baldwin, being executrix and executor, respect- ively, of the last will and testament of Mrs, Anita M, Baldwin, and being sole heirs under this will, do hereby deem the terms of this deed as set forth in Paragraph 7 have been duly observed. ~~~ A,p7~~~-, Dextr al win Jones ! Form IOO:a I2~I2. 6c~ *' '~ California Land Title Association Standard Form Ccpyri,ht 1938 ~. . , Po/icy No. 1624707 cJitt~:Jnsuranc~ and g;.ust 'Company a corporation of Los Angeles, California, herein called the Company, for a valuable considera- tion paid for this policy of tide insurance, does hereby insure " CITY OF ARCADIA, a municipal corporation, together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule B, the owner of which is named as an insured, and any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding Two Thousand Dollars, which any insured shall sustain by reason of title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or by reason of unmarketability of the tide of any vestee to said land, at the date hereof, unless such un- marketability exists because of defects, liens, encumbrances, or other matters shown in Schedule B; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or by reason of any defect in the execution of any mortgage or deed of trust shown in Schedule B secur- ing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or by reason of priority; at the date hereof, over any such mortgage or deed of trust, of any lien or en- cumbrance upon said land, except as shown in Schedule B; all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. in Witness Wh,ereof, Tide Insurance and Trust Company has caused its corporate name ,md seal to be hereunto affixed by its duly authorized officers, this Firs t day of' May 1939 'at 8:00 A. M. TITLE INSURANCE AND TRUST COMPANY by S lM. OA\ ()'~ PRESIDENT L Attesth ~"L-..&.~ ....... - o Ott; A5SI;~ S RE ARY This policy consist! of 4 pages which or< numbered at the end of each page, Page 1. ? Form IO~2-A J'2.1' 18 60M ". . , I &:' . .. SCHEDULE A [I.] The title to said land is, at the date hereof, vested in CITY OF ARCADIA, a municipal corporation. [2,] Description of the land, title to which is insured by this policy: That portion of Lot 1 of Tract No. 948, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 17 Page 21 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of said Lot 1; thence South 20 59' 40" West along the Westerly line of said Lot, 280.00 feet; thence North 890 02' 50" East parallel to the North line of said Lot, 470.00 feet; thence North 200 46' 50" West, in a di rect line to the in terse ction with said Northerly line of said Lot 1, distant North 890 02' 50" East, 350.00 feet thereon from the point of beginning; thence South 890 02' 50" West, 350.00 feet to the point of beginning. J...~.yCf ~ .:t- Page 2 . Form lopz.B - 12- "=38 '60M ~ . -- ~ SCHEDULE B [A] The Company does not, by this policy, insure against loss by reason of: I. Easemenrs or liens which ale noI shown by rhe public records (a) of rhe DistricI Court of rhe Federal District, (b) of rhe county, or (c) of rhe city, in which said land 01 any part thereof is siluated, 2, Righrs or claims of persons in possession of said land which are not shown by rhose public Iecords which impart constructive notice. 3, Any facts, righrs, interests, or claims which ale not shown by rhose puhlic recolds which impart constructive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession , rhereof, or by a correct survey. 4. Mining claims, reserv:ltions in patents, water rights, claims or tide to water. 5, Acts or regulations of any governmental agency regulating rhe occupancy or use of said land or any building or structure thereon. [B] Liens and encumbrances to which said title is subject shown in the order of their priority, and defects and other matters to which said title is subject: 1. cal year General and special County and City taxes 1939-1940, a lien but not yet payable. for the fis- 2. Covenants, conditions and restrictions imposed by deed from Anita M. Baldwin, recorded in Book 16459 page 273, Official Records. Page 3. Form IOO2-C '12-i~.38 ~ ( UM "( .. . STIPULATIONS SCOPE 1. This policy does not insure against, and the Com- OF pany will not be liable for loss or damage creared by or COVERAGE arising out of any of the following: (a) defect.. liens. claims, encumbrances, or other maUers which result in DO pecuniary loss to the insured; (b) defects,liens, encumbrances, or other maUees created or occurring subsequent to the date hereof; (c) defects, liens. encumbnances, or other maners created or suffered by the insured claiming such loss or damage, or existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, ,unless such defect, lien, claim, encum- brance, or other matter shall have beeo disclosm to the Company in writing prior to the issuance of this policy. Any rights or defeoses of the Company against a named insured shall be equally available against an}' person or corponation who shall become an insured hereunder as successor of such named insured. DEFENSE OF 2. The Company at its own cost shall defend the in- ACTIONS sured in all actions or proceedings against the insured founded upon II defect, lien, encumbrance, or other matter insured against by this policy, and may pursue such litigation to final determi- nation in the court of last resort. In case any /luch action or proceeding shall be beJ:fun, or in case knowledge shall come to any insured of any claim of title or interest adverse to the title as insured, or which might cause loss or damage for which the Company shall or may be liable by NOnCE OF vinue of this JXllicy, such insured shall at once ACTIONS notify the Company thereof in writing. If such OR CLAIMS notice shall not be given to the Company at least TO BE five days before the appearance day in any such GIVEN BY action or proceeding, or if such insured shall not, in mE INSURFD writing, promptly notify the Company of any de- fect, lien, encumbrance, or other matter insured against, or of any sucb adverse claim wbicb shall come to the knowledge of sucb insured, in respect to wbich loss or damage is apprehended, then allliabiliry of the Company as to each insured having such notice in regard to the subject of such action. proceeding, or claim shall cease and terminate: provided, however. that failure to so notify shall in no case preiudice the claim of any insured unless the Company shall be actually preju- diced by 5uch failure. The Company shall have the right to institute and prosecute any action or proceeding or do any other act which, in iu opinion, may ~ necessary or desirable to establish the title, or any insured lien or charge, as insured. In all cases where this JXllic)' permits or requires the Company to prosecute or defend any action or proceed- ing, the imured hhall secure to it in writing the right to so prosecute or defend such action or proceeding, and all appeals therein. and permit it to use, :u its option, the name of the insured for such purpose. When- ever requested by the Company the insured shall assist the Company in any such action or proceeding, in effecting seulement, securing evidence, obtaining witnesses, prosecuting or defending such action or proceeding to such extent and in such manner as is deemed desirable by the Company, and the Company shall reimburse the insured for any expense so incurred. The Company shall be subrogated to and be en- titled to all costs and auorney's fees incurred or expended by the Com- pany, which may be recoverable by the insured in any litigation carried on by the Company on behalf of the insured. The word "knowledge" in this paralZraph means actual knowledge, and does not refer to con- structi.."e knowledRe or notice which may be imputed to the insured by reason of any public record or otherwise. OPilON TO 3. The Company reserves the option to pay, settle, PAY, SETn.E, OR or compromise for, or in the name of, the insured, COMPROMISE any claim insured against or to pay this policy in CLAIMS full at any time, and payment or tender of pay- ment of the full amount of this policy, together with all accrued costs which the Company is obligated hereunder to pay, shall terminate all liability of the Company bereunder, including all obligations of the Company with respect to any litigation pendiDR and subsequent CQSlJ; thereof. SUBROGATION 4. Whenever the Company ahall1l2ve Iettled. UPON PAYMENT claim under this policy, it thall be subrogated OR SE'ITI..EMENT to and be entitled to all rights. securities, and remedies which the insured would have had against any penon or property in respect to sucb claim, had this policy Dot heen issued. If the payment does not cover the 10:.5 of the insured, the Company shall be subrogated to such rights, securities, and remedies in the proJXlrtion which said payment bears to the amount of said loss. In either event the insured shall transfer, or cause to be uansferred, to the Company such rights, sC(;urities, and remedies, and shall permit the Company to use the name of the insured in any transaction or litigation involviDJl such rights, securities, or remedies. OPilON TO PAY 5. The Company bas the right and option, in INSURED OWNER case any loss is claimed under this policy by OF INDEBTEDNESS an insured owner of an indebredness secured AND BECOME by mongage or deed of trust, to pay sucb OWNER OF insured the indc:bredness of the mortga)Cor or SECURITY trustor under said mortgage or deed of truSt, together with all costs wbich the Company is obligated hereunder to pay. in which case the Company shall become the owner of. and such insured sbaa at once assign and transfer to the Company said mongage or deed of trust and the indebtedness thereby secured, and sucb pay- ment shall terminate all liabiliry under this policy to such insured. NOnCE OF 6. A statement in writing of any loss or damage for LOSS which it is claimed the Company is liable under this policy shall be furnished to tbe Company within sixty days after such loss or damage shall have been ascertained. No action or proceeding UMIT A nON for the recovery of any such loss or damage shall be OF ACTION instituted or maintained against the Company until after full compliance by the insured with all the conditions imposed on the insured by this policy. nor unless commenc~d within twelv~ months after receipt by the Company of such written statement. PAYMENT OF 7. The Company will pay, in addition to any 1051 LOSS AND in~ured against by this policy, all costs imposed COSTS OF upon the insured in litigation carried on by the UnGAnON. Company for the insured, and in litigation carried INDORSEMENT on by the insured with the written authorization OF PAYMENT of the Compan}', but not otherwise. The liability ON POUCY of the Company under this policy shall in no case exceed, in all, the actual loss of the insured and costs which the Com. pany is obligated hereunder to pay, and in no case shall such total liability exceed the amount of this JXllicy and said costs. All payments under this policy shall reduce the amount of the insurance pro tanto, and payment of loss or damage to an insured owner of indebtedness shall reduce, to that extent, the liability of the Company to the insured owner of said land. No payment can be demanded by any insured without producing this policy for indorsement of such payment. MANNER OF 8. Loss under this policy shall be payable, first, to PAYMENT OF any insured owner of indebtedness secured by mon- LOSS TO gage or deed of trust shown in Schedule B, in order INSURED of priority therein sbown, and if sucb ownership vests in more than one, payment shall be made ratably as their respec- tive interests may appear, and thereafter, any loss shall be payable to the other insured, and if more tban one, then to such insured ratably as their resp~ctlve interests may appear. If there be no sucb insured owner of indebtedness, any loss shall be payable to the insured, and if more than one, to such insured ratably u their respective interests may appear. WRI'ITEN INDORSEMENT REQUIRED TO CHANGE POUCY 9. No provision or condition of this policy can be waived or changed except by writing indorsm hereon or attached hereto signed by the President, a Vice-President. the Secretary, or an Auistant Secretary of the Company. Page 4. "'-"'/T' ." '10. ... '. ,,, LOT.5 1,4, 5 TRACT NO. ~4.8 AL,sO PO~ION OF THE. RANCf-IO .sANTA ANrrA :2 ~ I ~ ~ LOT ~ ~ ~I~ ~I~ J - /20/20. - .JL- ll- ~ FOur-HILL.. ~, G.QO\.e AIlE:, 2334..66~ I~ /, I~ 50,0 N J6'"" ,37 LOT ~~ i~ k lit 13,0. C ~ 5 r=o ~;s ~ 1236,0 CA~N() 136'0 ol~ S. ~ YCAMOl2e E !n6'O- re. -IR 0 ~ '" ~ l /2360 BLVD, \1 ~ '" J OR.ANEle. 1511.% 600 << la LOT '1. 0/ 0 13/3.23* 114 ,23 1243 7Z. _ ~ 2325,48 80 ,<, PAilT OFf THe. RANCHO .sANTA ANITA ) '"IS 19 NOT A SURVEY OP' THE l.ANO BUT IS COMPIL-EC FOR INFORMATION ONLY FROM DATA SHOWN BY O,.,.lCIAL. RECORDS . OJ ...." " ? ~ ~ ?' rJ6licy if; (l q;tl~ JnsuranCG . , 0;ll~Ynsuranc~ , and 7Trust Company KERN COUNTY 1715 CHhSTf.R AVENUE BAKERSFIF.LD RIVERSIDE COUNTY 3940 MAI~ STRI:-:ET, IUVERSIDE SAN DIEGO COUNTY 1028 SECOND STRl-.HT. SA'" DIEGO TITLE INSURANCE BUILDINC SAN LUIS OBISPO COUNTY 777 HIGUERA STREET, SA.... LUIS OBISPO SANTA BARBARA COUNTY 920 STATE STREET SANTA BARBARA TITLE INSURANCE I AND TRUST COMPANY, ,~ TUL."RE COUNTY 204 WEST MAIN S1'REET, YISALlA '" ''''CORPORATED 1893 VENTURA COUNTY 471 MAIN STREET, "ENTURA 433 SOUTH SPRING STREET, LOS ANGELES U, S, A, :wa.Dl- . ~ ~ C-:Jitl~Ynsuranc( and o/mst Company KERN COUNTY 1715 CH~STER AVENUE BAKERSFIELD RIVERSIDE COUNTY 3940 MAl'" STREET, RIVERSIDE SAN DIEGO COUNTY 1028 SECOND STREET, SAN DIEGO SAN LUIS OBISPO COUNTY 777 HIGUERA STRI:-:ET, SAN LUIS OBISPO SANTA BARBARA COUNTY 920 STATE STREET SANTA BARBARA I TUL,"RE COUNTY 204 WEST MAIN STREET, VISALIA VENTURA COUNTY 471 MAIN STREET, "ENTURA -