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HomeMy WebLinkAboutD-1989 ~ !l ." (f , , BK06843pc483 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by the deed, grant, conveyance or instrument dated July In, ]975 , from or executed by Ruth F. Schroeder , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authoriz officers, adli n ~ City Engineer is hereby approved as , . ~ 10 ~ ~,~ BKUboq.jPaq.OL c '/)/7 J /1 tr ---- ................'"'......'""'" n~...ull;.;::II'~.... ClT WtCQ JJTLE IIlSURu.NCE COMPANY "'ND 'tifHI!:N "~COIIIDI:D MAIL TO I City Clerk P.O. Box 60 Arc$dia, CA 91006 I NOMe City & S'ClleL ~ SlrM' Addrell ,l,lAll TAX STATfMEHTS TO I Name City of Arcadia P.O. Box 60 Arc$dia, 'CA 91006 I 1> SIr..' Addren elly & StllteL ~ SPACE ABOVE THIS L.INE FOR RECORDER'S USE Individual Grant Deed I FREE 'Z--K I TO 1~23 CA l8_74) THIS FORM FURNISHED BY TICOR TITLE INSURERS A P N The undersigned grantor(s) declare(s): Documentary transfer tax is $ tV 0 AI c.. ( ) computed on full value of property conveyed, or ( ) computed on fuU value less value of Hen.s _and en<:umbrances remaining at time of sale. ( ) Unincorporated area: (..{) City of :IM " i\. ~" 01 / A' I and ....I;j...... .....CDO~ c+Q<cza ..... Q) . ca '" tIl . [IJ O-"f e&~ i<l '" 0 '"" '" a. I" o....~ '" ~ "'lllI ... . o ::: 6tj.c ,..01" ...0'" '< ~ ~ ~e!i!t Q ~ - ",,,, ll. fi >:t Q. i N FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RUTH F. SCHROEDER, a widow hereby GRANf(S) to the CITY OF ARCADIA, a Municipal Corporation the following described real property in the Counly of Los Angeles City of Monrovia , State of California: SW 1/4 of SW 1/4 of NW 1/4 of Section 14, TIN, R11W San Bernardino Meridian, in the City of Monrovia, County of Los Angeles, State of California, according to the Official Plat of the survey of said land on file in the Bure~u of Land Management. . . -., . / Dated \.~ ~ '\ \ ~ . \ ~ \ ') ~~,2~ RUTH F. SCHROEDER Signature ~~ ~ OFFICIAL SEAL i"~:i ir'i. NINA VElARDE \~~"'l::;tL~~.: NOTARY PUBLIC - CAljl:,ORNIA \i ~ RIVERSIDE COUNTY .. ,,~~ My .comm eX?lreS AUG 20, 1978 I~ ti!~ ~I~ >- >- :X>, a l:~ L! f~ 8 ..- :c " u STATE OF CALIFORNIA COUNTY OF Riverside On July 16, 1975 before me. the under- Slgncr:Rltrftotprr JS-MC1ED!kfOl said Stdte, personally appcdl{'r] }ss . known to me to be the person_whose name IS subscllbed to the ....Jthm instrument llnd acknowledged that SHE executed the same WITNESS IllY hand and offieldl seal z Q '. l.. . , " "' ,I Q . Nina Velarde ('J']1l~ al,',l fOl Om'l"] notarbll ~",l) Title Order No, ESCIOW or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE ;7 :3 (J P 7 I' - tlJ ..,., e INTER-OFFICE MEMORANDUM City Clerk DATE October 29. ,19~ Public Works TO Wil~ness Park Expansion SUBJECT " fROM Transmitted herewith are Policies of Title Insurance on the&nroeder and Elkins properties that were recently acquired by the City for the expansion of Wilderness Park. Please retain for your permanent records. COPIES TO SIGNED '?d,,/l ~/d~ CHESTER N. HOWARD Director of Public Works CNH:mS TITLE CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used In this pohcy mean (a} "msured" the Insured named In Schedule A, and, subject to any rights or defenses the Company may ha\e had against the named insured, those who sll('ceed to the mterest of such Insured by operatIOn of law as distingUIshed from purchase mcludmg, bUl not hmned to, heirs. dlstrlhutees. devisees, surviVOrs, per- sonal representatives, next of km, or cor. porate or fidUCiary successors. The term "insured" also includes (I) the owner of the mdebtedness secured by the Insured mortgage nnd each successor In ownershIp of such mdebtedness (reservmg, however, all rights and defenses as to any such successor who acqUire.!; the indehtedness by operatIOn of law as descnbed In the first sentence of thiS subparagraph (a) that the Company would have had agamst the successor's transferor), and further mcludes (II) any ~ovetnmental a~ency or instrumentality whIch 13 an msurer or ~uarantor under an msurance contract or ~uaranty msunnp: or guaranteemp: said indebtedness, or any part thereof, whether named as an insured herem or not, and (Ill) the partIes deSignated in paragraph 2 (a) of these CondItions and StipulatIOns. (b) "msured claimant" . an msured clalmln~ loss or damage hereunder (c) "insured lender". the owner of an Insured mortgap;e (d) "msured mortgage" a mortga~e shown in Schedule B, the o.....ner of which IS named as an Insured In Schedule A. (e) "knowledp:e": actual knowledge, not constructIVe knowledge or notlce whIch may be Imputed to an Insured by reason of any pubhc records (f) "land" the land descnbed, spe. clfically or by reference In Schedule A, and Improvements affixed thereto whICh by law constitute real property; provIded, however, the term "land" does not Include any area excluded by Paragraph No. 6 of Part I ,,,f Schedule b of thiS Policy (g) "mortgag:o". mortgage, deed of trust, trust deed, or other secunty Instru. ment (h) "public records" those records whIch by law Impart constructIve notIce of matters relatmg to the land 2. (a) Continuation of In$urance after AcqUIsition of Title by Insured Lender If thIS policy Insures the owner of the Indebtedness secured by the insured mort- gage, thIS pohcy shall contlnue HI force as of Date of PohC} In favor of such 1Il- sured who acquires all or any part of the estate or Interest In the land desCrIbed In Scht'dule A by Foreclosure, trustee's sale, conveyance In heu of foreclosure, or other lep;al m.lnner which dH;charges the hen of the lllsured mortgage, and If such Insured 1<; a corporatIOn, Its transferee of the estate or mterost so acquued, provJded the transferee IS the parent or wholl) owned subsidiary of such Insured; and in fa,or of any governmental agency or m. strumentahty whIch acquires all or an) part of the estate or Interest pursuant to a contract of Illsuran(.e or guarant) m. surmg or ~uaranteem/.!; the mdehtedness secured by the Insured mortgage After any such acqUIsitIOn the amount of msur- ance hereun-der. exclu"lve of costs, altor neys' fees and expenses whIch the Company may be obligated to !lOY, shall not ex. ceed the least of (d the amount of Insurance stated In Schedule A, (II) the amount of the unpaid pnn- clpal of the Indebtedness plus interest thereon, as determined under paragraph 6(8) (Ill) hereof, expenses of forec1osurt' and amounts advanced to protect the hen of the Insured mortgage and <;ecnred by said Insured mortgage at the time of Ill:. qUlsitlon of such estate or mterest III the land, or (Ill) the amount paid hy any govern- mental agency or instrumentality, If sue') agency or instrumentality IS the tnsured claimant, In acqulslWm of sltch estate or mterest in satisfactIOn of Its In<;uran,e contract or guaranty (b) Continuation of Immrance after Conveyance of Title The coverage of thiS policy shall continue in force as of Date of Policy, m fdvor of an Insured so long as sllch in<;ured retams an estate or Interest III the land, or owns an Indebtedness secured b} a purchase money mortgage given b) 8. purchaser from such Insured, or so long as such Ill- sured 3hnIl have hallthty by reason of cO\enants of warrant) made hy such m sur~d In any transfer or conveyance of !luch estate or mterest; provlded, however, this pohcv shall not continue In force III favor of any purchaser from such Insured of either saul estate or mterest or the In debtednes5 secured hy a purchase mone) mortgage ~"lVen to such msured. 3. Delen8e and Prosecution of Ac- tions-Notice of Claim to be Given by an Insured Claimant (a) The Company, at Its own cost and Without undue delay, shall pro\lde for the defense of an lIlsured in htqwtlOn to the extent that such htll:!:atlon lllvolves an alleged defect, hen, encumbran('e or other matter msured agamst by thIS polIcy (b) The lllsured shall notIfy the Com- pany promptly In wrltmg (d m case of any htlgatlon as set forth III (a) ahove, (II) m case knowledge shall come to an msured hereunder of any claIm of title or mterest which IS adverse to the title to the estate or Intele'lt or the hen of the lIIsured mortgage, 8S Insured, and which mIght caUSe loss or damage for which the Company may he JlabJe by l'lrtl1e of tlllS pohcy, or (iii) If tltle to the estate or in- terest or the hen of the Insured mortgage, as msured, IS rejected as unmarketahle If such prompt notice shall 1I0t be gl\en to the Company, then a<; to !ouch m.,ured all lIablhty of the Compan) shall ('e.lse and termmate In regard to the matter or matters for which such plOmpt notl('e IS reqUired. provided, however, that fail ure to notIfy shall III no case prejudl{'e the Tights of ony sllch lllsured under tfll~ policy unless the Company shall be pre- judIced by such fadure .llld then onl~ to the extent of such prejudll e (c) The Company shall have the tight at its own cost to instItute and without undue delay prosecute any actIOn or pro- ceedmg or to do any other act which In ItS opinion may he necessary or destr- ahle to establish the title to the estate or Interest or the hen of the Insured mort- gage, as Insured; and the Company may take any appropriate action, whether or not It shall he liahle under the terms of thiS pohey. and shaH not thereby con- cede liability or waive any prOVISIOn of thiS pohcy. (d) Whenever the Company shall have brought any action or Interposed a defense as reqUired or permitted by the prOVISions of thIS pohcy, the Company may pursue any su(.h litigatIon to final determlllotlOn hy a court of competent JurisdictIOn and e'(pressly reserves the Tight. In Its sole dIscretIOn, to appeal from any adverse judgment or order (e) In all cases where thiS policy per- mits or requIres the Company to prose- cute or prOVide for the defense of any actIOn or proceedmg, the Insured here- under shall secure to the Company the Tight to so prosecute or pronde defense III sUf'h actIOn or proceedlnj:!,", and al1 appeals therem, and permit the Company to use, at Its option, the name of such Insured for such purpose Whenever requested by the Company, such Insured sha-ll give the Company, at the Company's expense, all reasonahle aId (I) In any such .lcllon or proceedlnR Ul. effectlOg settlement, secur- IJIg eVlden('e, obtammg wltnf'SSes, or prose- cutmg or defendmj:!; such actIon or pro- ceedlnj2:, and (2) m any other act whIch lU -the opullon of the COlli pony may he necessary or deSirable to estahhsh the title to the estate or Interest or the hen of the lIlsured mortgage, as msured, in. C'iUdlllJ!: but not Imllted to e'(eclltln~ cor- rective or other documents. 4. Proof of Lo8s or Damage. Limi. tation of Action In addItIOn to the notices reqUIred un- der Paragraph 3(b) of these CondItIOns and StlJml.ltlOHS, a proof of loss or dam- age, SIgned and sworn to hy the Insured clulllldnt shall be furm..hed to the Com- pany wlthlll 90 days after the II1SU ed claimant shall ascertain or determllle the fa( ts glVIllg nse to such loss or damap:e Such proof of loss or dllmap:e shall de. sCTlhe the defect 10, or !Jen Or en('um- brance on the tIIle. or other matter in- sured against by thIS pohcy whIch con- stitutes the h.l"fS of loss or d.lmaj!:"e, and, when appropriate, sta.te the baSIS of cal- culating the amount of such loss or dam- n.e Should such proof of loss or d,\md~e fUll to state facts sllfficlellt to enahle the Compnll) to determine Its halllht~ here- under, lIISllred claImant, at the wTltlt'n tf'qllest of Company, shall furlll~h ~Ilch addItIOnal lllformatlOn as ma) re.lHmahl} be necessary 10 make snch detel llllll.l:lOlI. No rIght of actIOn shull accrue to 1lI SlIred c1aullant until 30 days after '-Ill Ii proof of loss or dama,:!;e .,hall ha\e been furnished Fal]ure to fUTlllsh such proof of ]05.. or damal?;e shall termmate any habJilty of the Compon) under thiS pohcy as to such 10"'" or damage 5. Options 10 Payor Otherwise Seule Claim~ und Options to Pur- chase Indebtedness The Company shall h.lve the optIon to (Conditions and StIpulatIOns ContlllUed and Concluded on,Lnst Page of this Pohcy) . CL1"A,1973 ~@).. SAFECO ---;1? E eo1?,I).0D 1~0'> fA-0 STANDARD COVERAGE POLICY OF TITLE INSURANCE Ib~ued by SAFECO TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the Insured, as of Date of Policy shown In Schedule A, agaIt1st loss or damage, not exceeding the amount of insurance slaled in Schedule A, and cosls, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or Incurred by said insured by reason of' 1. Title to the estate or mterest descrIbed 10 Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketablhty of such title j or 4. Any lack of the ordmary nght of an abuLting owner for access to at least one physically open street or highway if the land, In fact, abuts upon one or more such streets or hIghways; and in addition, as to an Insured lender only: 5. Invalidity of the lien of the Insured mortgage upon saId estate or Interest except to the extent that such Invalidity, or claIm thereof, arises out of the transactIOn evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credIt protection or truth In lending law; 6. PnorIty of any hen or encumbrance over the hen of the Insured mortgage, said mortgage being shown in Schedule B in the order of Its pnority; or 7. InvalIdIty of any assignment of the Insured mortgage, provIded such assignment is shown In Schedule B. d~<.. ~. P.21B (G S) Rev 8-73 .............................,",\\\\\ $'-~SURJI~~I\, ~.. \ ........ 'V,. III. .=" ... . .. \,J/'o'1 ;:...,.' '.r , ;;~" 0,'" 'I. \ ~""'\~~\\\\PORATlD'~O~ ~O: ,~~ '~'-': ~'c.. :..,~ ~.... II ~ .,.,iii /'~"':.~."'ARCH 5 ,~'il..:....;:, 'I. 6'" " .. . o:J;;"t: ',..I" '. .0 ""'~ "1 Z1- '" ,.' .t;l ,: 11\\\(AliiOf."-o.\\..;S:'.5' ~ \\\,\.'\.'\.".........:::--~ C )~ - ...,..A:<...' ~~ An Authorized Signature 111 NJ(~ President ..........",u,u,.... ........',u "".. 1"I.....v..'uu"'u Standard Coverage Pohcy-1973 SCHEDULE A Dale of Policy. Amount of Insurance: S 4,000. 00 October 23, 1975 at 8:00 A.M. Policy No: Charge S 7309711-45 68.00 1. Name of Insured: Wilderness Park Expansion THE CITY OF ARCADIA, a Municipal Corporation 2. The estate or Illterest in the land described herein and which is covered by this policy IS: A fee 3. The estate or mterest referred to herein is at Date of Policy vested in: THE CITY OF ARCADIA, a Municipal Corporation 4. The land referred to III thiS polIcy is situated in the State of California, County of and descnhed as follows: Los Angeles The Southwest quarter of Southwest quarter of Northwest quarter of Section 14, Township 1 North, Range 11 West, S. B. B. & M., in the City of Monrovia, according to the official plat thereof. said land has no frontage on any public street or highway of record. . calilonua -i..Ond f~II~. i.~~C:lahon Standord Coverage PohCY-I913 " SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a. public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, nghts, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, COnflicts in boundary hnes, shortage in area, encroachments, or any other facts which a correct survey would dIsclose, and which are not shown by the public records. 5. (a) Unpatented rnining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) wat~r rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area speCifically described or referred to In Schedule A, or m abuttmg streets, roads, avenues, alleys, lanes, ways or waterways, but nothmg III this paragraph shall modIfy or lImit the extent to which the ordinary right of an abutting owner for access to a phYSically open street or hIghway is insured by this policy. 7. Any law, ordmance or governmental regulation (includmg but not limited to building and zoning ordinances) restnctIng or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimenSIOns or lo<.:ation of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reductIOn III the dimensions or area of the land, or the effect of any VIOlation of any such law, ordinance or govf~rnmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notIce of the exercise of such rights appears m the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acqUIred the msured mortgage and not disclosed in writmg by the insured claimant to the Company prior to the date such Insured claimant became an msured hereunder; (c) resulting III no loss or damage to the msured claimant; (d) attaching or created subsequent to Date of Polley; or (e) resulting in loss or damage which would not have been sustamed if the insured claimant had been a purchaser or encum. brancer for value WIthout knowledge. (Schedule B continued on next page of this Policy) ':;'lanao:ra ",overage I"OIlCY-I':l/.J ~ PART II 1. General and special taxes for the fiscal year 1975-1976 a lien not yet payable. 2. An 'easement affecting the portion of said land stated herein, for pipe lines and incidental purposes in favor of J. B. Harris, as provided in the deed recorded June 2, 1904 as Instrument No. 15 in Book 2057 Page 160 of Deeds. Affects: Said easement is blanket in nature. , I I I I ,[ i I , , I I I , I 3. An 'easement affecting the portion of said land stated herein, for pipe line and incidental purposes in favor of George A. Pearson and John M. Thomas, as provided in the deed recorded December 1, 1906 as Instrument No. 240 in Book 54 Page 253 of Leases. Affects: Said easement is blanket in nature. 4. An easement affecting the portion of said land stated herein, for flood control purposes in favor of Los Angeles County Flood Control District as condemned by Final Decree of Condemnation in the Los Angeles County Superior Court, Case No. 947,313, a certified copy of which was recorded November 13, 1966 as Instrument No. 2197 in Book D-4553 Page 916 of Official Records. Affects: That portion of said land lying Northerly of the following described line: Beginning at a point in the Westerly line of said Northwest one-quarter of Section 14, distant along said Westerly line North 00 16' 12" West 625.43 feet from the Southwest corner of said Northwest one-quarter shown as "w 1/4 COR SEC 14" on County Engineer's Survey Field Book 2384, Page 59 on file in the office of the Engineer of the County of Los Angeles; thence South 890 06' 58" East 299.91 feet; thence North 780 11' 40" East 76.01 feet; thence South 610 24' 27" East 87.2 feet; thence North 840 50' 10" East 210.96 feet; thence North 780 47' 04" East 200 feet. . '",""", /,If1f/.Cor See /4 II' //4Col": See 14~ .' ,. N 79"-~ rrOn1 AI E Co'- - SEI,I....,.:JW W.NWI/4 See 14 t ~ . 550 I t--, r::.--------~~ /_98 Cou,.f-'("I'c'f -1.;Ii" I~ s ....c", .,NIIIW I /.y -]0 \:II I~ s ~ 1/4.-" " 1/4 ~ ,I~ ~I I Lze~ zeL~E~~ "' in O'I'N 1<?/'O/5Ef,t,7L,oo ~ 4?a lswy~,II'Wr'".5~C.l40 1~ WLno,rE.9g,r~o.rSLY4 I of "..... . WL,n"/'f/9r7,r'tJf:........ r-~ SWW,iYW~,.ser:.-/4' IJEV".~It''.4I:"Wyo... , ..,~C /" / , /' ~3401 f I / /I-20,S7 I /' p"r 1-3'" ) I _../ / yr ( I \ ! 1 co CO .., " ~~ ~ '" ~f-_________~~k r, 'Il \ *"k " \ \ r ---------- I 1 I I I I I I ! "- w 1/4 Cor :4 TI N"RIIW. "This plat is for your aid in locating your land with reference 10 slreel~ and other parcels. h i., nul a survey. While this plat is believed to be correct, the Company assumes no liability for any loss oc(;urnng by re8"on of relIAnce lfwreon .. CONDITIONS AND STIPULATIONS (Contmued and Concluded From Reverse Side of Policy Face) payor otherwise settle for or m the name of an insured claimant any clOlm msured ap;alnst, or to terminate all habllIty and obhj:(atlOns of the Company hereunder II} paymj:( or tendermp; payment of the amount of insurance under this policy top;ether with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authOrIzed by the Company. In case loss or damap:e IS claimed under this policy by the owner of the Indehtedness secured by the Insured mortJ!;a~e, the Company shall have the further option to purchase such indebted- ness for the amollnt owmg thereon to. p;ether With all costs, attorneys' fees and expenses which the Company is obhgated hereunder to pay If the Company offers to purchase said mdebtedness as herem prOVided, the owner of such Indebtedness shall transfer and assiJ!:n said Indebtedness and the mortp;ap;e and any collateral se. curmp; the same to the Company upon payment therefor ae; herem pro\lded Upon such offer h~mp; made by the Company, all liability and ohlIgatlOns of the Com- pany hereunder to the owner of the in- dehtedness secured by said insured mort- p;ap;e, other than the obligatIOn to pur. chase said Indebtedness pursuant to thiS paragraph, are tennmated 6. Deternllnation and Payment of 1.0.. (8) The liability of the Company under thiS poltcy shall in no case exceed the least of. (I) the actUlI.I loss of the insured clatmant, or Od the amount of Insurance stated In Schedule A, or, If applIcahle, the amount of msuram.e as defined m para. p;raph 2(a) hereof, or (Ill) If thiS policy msures the owner of the indebtedness secured by the msured mortgage, and prOVided said owner IS the Insured claimant, the amount of the un. paid prInCipal of said mdebtedness, plus Interest thereon, prOVided such amount shall not mclude any additional prinCipal mdehtedness created subsequent to Date of Pohcy, except as to amounts advanced to protect the hen of the insured mortgap;e and secured thereby (b) The Company Will pay, In ad. dItion to any loss insured against hy this policy, all costs Imposed upon an msured in litlp:atlOn carned on by the Company for such Insured, and all costs, attorneys' fees and expenses In htlp;atlon carned on by such Insured with the wntten author. Ization of the Company (c) When the amount of loss or dam. ap;e has been dehnltely fixed In accor- dance With the conditions of thiS pohcy, the loss or damap:e shall be payable with- In 30 days thereafter 7, Limitation of Liability No claim shall arI!>e or he maIntalllllble under thiS pohcy (a) If the Company, after haVing received notIce of an alleJ;ed defect, hen or encumbrance IIlsured ap;amst hereunder, hy Iltlf:!;utlon or other. Wise, remo\es such defect, hen or encum- brance or establishes the title, or the Iten of the Insured mortgdJ.;e, as m..,ured, With. In a reasonahle time after re<.elpt of such P.218 (G S) Rev 8.73 notice (b) In the ment of htl~atloIl until there has heen a final determination h} a court of competent JUrisdIction, and diSpOSitIOn of all appeals therefrom, ad- \erse to the title or to the hen of the in- sured mortp;aJ;!:e, as Insured, as provided In parap;raph 3 hereof, or (c) for habillty voluntarily adrllltted or assumed by an msured Without prIor written consent of the Company, 8. Reduction of In~urance; Termin. ation of l.iability All payments under thIS pohcy, c'Ccept pa}ment made for costs, altome}s' fees and expenses, shall reduce the amount of the in..,urance pro tanto, prOVided, how- c\'er, If the owner of the Indebtedness e;ecured by the insured mortg:ap;e IS an In- 'lured hereunder, thcn such paymenb, Jlrlor to the acquiSition of title to said estate or Interest as pro\lded In parap;raph 2 (a) of these ConditIOns and Stipulations, e;hall not reduce pro tanto the dmollnt of the Insurance afforded hereunder as to an} such msured, except to the c'I(tent thdt such payments reduce the alllount of the Indebtedness secured by such mortgaJ!:e Payment In full by any person or vol- untary suhsfnctlOn or release of the in- sured mort~ap:e shall terminate all habil. Ity of the Company to an msured owner of the indebtedness secured hy the Insured mortp:ap:e, except as prOVided In paragraph 2 (a) hereof. 9, Liability Noncumulalhe It IS e'l(pressly understood that the amount of Insurance under thl'> pohcy, as to the insured owner of the estate or mterest covered by this pohcy, shall be reduced by any amount the Company Illa} pay under any poltcy msurmg t a) a mortp:ap;e shown or referred to m Schedule B hereof whIch IS a Iten on the estate or Interest covered by thiS pohcy, or (b) a mortp:ap:e hereafter e'l(ecuted by an Insured whICh IS II charp:e or hen 011 the estate or mterest described or referred 10 In Schedule A, and the amount so paid shall be deemed a payment under thiS poh( y The Company sh<1I1 have the optIOn to apply to the payment of any such mort- p:age any amount that otherwise would be payable hereunder to the Insured owner of the estate or Illterest covered by thiS pohC} and the amount so paId shall he deemed a payment under thiS polley to S81d IIlslIred owner, The prOVlSlOne; of thiS paraJ!;raph 9 shall not apply to an owner of the Indebtedness secured by the Insured mortgap;e, unle.!>s such Insured acquires title to said estate or mtere"t m satl"factlOll of "aid Indf'ht- cuness or <.in} pat t thereof 10, SubrogatIon Upon Puyment or Settlement Whenever the Company shall ha\e p81d or settled a claim unuf"r thiS pohcy, nIl np;ht of "ubro/.l:atton shall vest III the COIll- pan~ unaff('cted hy any ,'Lt of the Insured claimant, e'\cept that thc owner of the In- dehtt.dne.,., .,t'( urcd by the IIIwrcd mort- p:,IJ!;C may relea...c or .,lIbstltute thf' per- son,Ii ha!J1l1ty of any dehtor or f:llarantor, or e,<tf'nd or otherWIse modify the t{'rm... of Jld}mc.lt, ur re!ed.,c d purtlon of the estate or mtere~t from the lien of the Insured mortJ!:ag:e, or relea~e any collateral secunty for the Indebtedness, pro\lded such act occurs prior to receIpt by such msured of notice of any claim of title or Interest adverse to the title to the estate or mterest or the prIonty of the hen of the H1sured mortA"aA"e and does not result In any loss of pnOrlty of the lien of the insured mortgaJ?;e. The Company shall he subrogated to and he entItled to all nghts and remedies which such msured claimant would have had a~aInst any person or property III respect to such claim had thiS poliCY not been Issued, and the Company IS hereby authom:ed and empowered to sue, compromise or settle In ItS name or m the name of the Insured to the full extent of the loss sustamed hy the Company If requested by the Company, the msured shall execute any and ull documents to eVidence the wlthm suhro~atlOn If the payment does not cover the lose; of such Insured cIa 1m ant, the Company ~hall he subroJ!:ated to such T1J!:hts and remedies III the proportion which said payment bears to the amount of said loss, hut such subrop;atIon shall he In subordinatIOn to an msured mortp:ap;e If loss should result from any act of such lIlsured claImant, such act shall not VOId thiS pohey, but the Company, III that e\ent, shall us to such Insured clalmdnt be reqUired to pay on1) that part of any losses msured agamst hereunder which shall exceed the amount, If any, lost to the Compall} by reason of the impairment of the np;ht of sllbrop;atlon 11. Liability Limited to this Policy This mstrument together with all en- dorsemf'nts and other Instruments, If any, attached hereto by the Company IS the enlire pohcy and contraLt between the Insured and the Company Any claim of loss or damap:e, whether or not based on neghgencf', and whIch arIses out of the status of the lien of the Insured mortgap:e or of the title to the estate or mterest covered hereby, Or any action a..,sertmj!; such claim, shall be re- strIcted to the prOVISIOns and LondltlOns and stipulatIOns of thiS pohcy. No amendment of or endorsement to thiS policy can be made e'Ccept by wntmg: en- dorsed hereon or attached hereto slp:ned by either the PreSident, a VIce PreSident, the Secretary, an ASSistant Secretary, or validating officer Or authorized Slgnator) of the Company No payment shall he made wllhout pro duclnp: this poltcy for endorsement of such payment unless the pohcy he lost or de- stroyed, m which case proof of sllch loss or destruct lOll shall he furmshed to the satisfactIOn of the Company. 12, Notices, Where Sent All notices reqUired to he J!:1\cn the Company and an} stdtemcnt 1Il wntmp; reqUIred to he fllrlll~hed the Company shall be addressed to It at the office which Is",ul'd tillS {lobcy or to Its Home Office, 13640 HO'lcoe Boulevard. Panorama Clt}, Cailforllla 91409 13, THE CHARGE SPEC[FIED [N SCHEDULE A [S THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAM[NATION AND TITLE [NSUIlANCE. 3839 l,BKM5173pc79f RECORDED IN OfFICIAL Illi(ll:llll'lll OF LOS ANGELES coUN'TY, CA , 27 ~~t 12 P.MJ~OV 21197& WHEN RECORDED RETURN TO: City Clerk City of Arcadia Post Office Box 60 Arcadia, California 91006 Recorder's OffICI DECLARATION OF COVENANT [$~ 3M The undersigned, Cecil C. McG~nnis and Jacqueline J. McGinnis, husband and wife, hereby certify that they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, known as 1004 South Sixth 'Avenue, and more particularly described as follows: . , , . The,Northerly 92.50 feet of Lot 64, Tract 808;, as per map rec'orded in Book 16, Page 82 of Maps, in the office of the Recorder of Los Angeles County, EXCEPT the Easterly 220 feet thereof. I I r~ The undersigned further certify that the Northerly 10 ;roo. ;>.. uU ... L1 i.'i',: 1= ') t: tll ;.; :; feet of said property is encumbered by an easement for under- The undersigned have requested a building permit to con- ~ t J:- <)! ~ Co' ground sanitary sewers, underground storm drain pipeline, and for domestic water lines to the City of Arcadia. struct part of a new three-car garage, which would extend over the Southerly 7 feet of such easement. In consideration of the granting by the City of Arcadia of a permit to construct a por- , , tion over said easement, the undersigned hereby covenant and agree for themselves, their heirs, successors and assigns, that that portion of the building to be constructed over said easement -1-