HomeMy WebLinkAboutD-1750
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 November 26, 1969 , from or executed
by Harold H. Kettell and Lucille M. Kettell , 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
authorized officers.
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',: The document thus described is hereby approved as to form.
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CERTIFICATE OF ACCEPTANCE
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Cl.ty UF" KKt;ADLA
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AND WHEN RI:CORDI!:D MAIL TO
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Nome Ci~y
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Str.ot P.O. Box 60
Addr."
CitY & 91006
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MA'~ TAX STATfMENTS TO
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City of Arcadia
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Name
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Sir..'
Addr...
CilJ &
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RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNlY, CALIF,
FOR TITLE INSURANCE & TRUST co,
fEB 11 1970 AT 8 A,M.
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RAY E. LEE, Registrar.Recorder
SPACE ABOVE THIS LINE FOR RECORDER'S USE
(FR~r:: ~'J
Grant Deed
I TO 405 C (4.671
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AFFIX I.R,S, $.................... ................. ABOVE
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
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FOR 'A VALUABtE CONSIDERATION, receipt of which is
,
HAROLD H. KETTELL and LUCILLE M. KETTELL
hereby acknowledged,
hereby GRANT(J5) to the CITY OF ARCADIA, a Municipal Corporation,
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the following described real property in the
County of I Los Angeles
,
Thatl' portion of Lot 16, Block 83 of Santa Anita Tract in the City of Arcadia, County ~f
Los Angeles" State of California, as shown on Map_recorded in Book 15, Pages. 89 and 90
of Miscellaneous Records in the office of the County Recorder of said County described
,
as follow:s:
City of Arcadia,
, State of California:
.: I
Begi~ning; at the southeast corner of said lot; thence northerly along the easterly line
ofs~id lot 50 feet to the northeast corner thereof; thence westerly along the northerly,
line': of s~id Lot to the westerly line of the easterly 20 feet of said Lot; thence south"
erly,lalong said westerly line 35 feet to the beginning of a tangent curve, concave
northwesterly and having a radius of 15 feet and a length of 23.56 feet, said curve
also: being tangent at its southerly terminus with the southerly line of said lot; thenc~
southerly along said curve to said southerly line; thence easterly along said southerly
lini 35 t'eet to the point of beginning.
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--- C OFFICIAL EUSI1IESS ,
Document Entitled to Free Recordlng
, Go';. Code Sec. 6103
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Dated
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STATE OF ,CALIFORNIA }
COUNT\) '?,F- LOS ANGELES 55.
On:' I"CIN, O! C. I P t, "1 . belme me, ,he und".
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signed, a Notary Public in and for said State. personally appeared
Harold H. Kettell and Lucille M. Kettell
.
"
10 be the personL-whose nameS ar e
insl~umenl alnd acknowledged that they
WITNESS my hand and official seal.
Sign~ture ' 0,
. known to me
subscribed to the within
executed the sa
Name (Typed or Printed)
C> ~ ~--~'';~~;;~'~;:\~~FE;-;~ -;'-~~h"h,::~,::.::~.',=~="-=l
.r:....r~_, or~ ~l!!.;.. V;\LiJE OF PI':':'P.-:.;;:rV CONVEYED I
"J",' _;.l'-;.JT,~.... 0,1/ f'JLL '.'ALUE LESS LlEN3 AND f
f l., .::\!Jr~'" .'-'c: :::,'.;:,I;'l;;,G AT TfME OF SALE. Iv
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LUCl e M. Ket e .
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\J <",- OF l' OFFICIAL SEAL
I .~..-=-<,~ FLORENCE E. NEERGARD
/;w ~~ NOTARY PUBLIC. CALIFORNIA
.' '. ~3te~ vo/ LOS ANGELES COUNTY
"~@/ My Commi:::sJOn Expires Mar. 4,1972
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P O. Roy 60. Arcadia. Calif.
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(This U'l'a for omdal notarial I<('al)
PUBLIC AGENCY:- NO TAX STATEMENT
Fscrow or Loan No.
" ,
Tit~e Order No,
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MAIL TAX STATEMENTS AS DIRECTED ABOVE
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GRANT DEED
GRANT DEED
-T-it-le-I-nsurance- --- -.
and
Trust Company
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Title-Insurance-- ...:._,- -- .
. and
Trust Company
COMPLETE STATEWIDE TITLE SERVICE
WITH ONE LOCAL CALL
COMPLETE STATEWIDE TITLE SERVICE
WITH ONE LOCAL CALL
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MARK H. BLOODGOOD
AUDtTOR.COl'lTROLLER
. COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER
ROBERT A. G1L.L
CHIEF DEPUTY
153 HALL OF ADMINISTRATION
LOS ANGELES. CALIFORNIA 90012
625-361 1
J R. PASSARELLA. CHIEF.
TAX DIVISION
August 31, 1970
RECEiVED
Si:P - 2 1970
City or Arcadia
240 West Huntington Drive
Arcadia, California 91006
Attn: Robert D. Ogle
City Attorney
Re: That portion of Lot 16 Block 83
Santa Anita Tract acquired from
Harold H. and Lucille M. Kettell
)
CITY OF ARCADIA
CITY ATTORNEY
Gentlemen:
Pursuant to your letter dated February 24, 1970,
taxes have been cancelled in accordance with Section
4986 of the Revenue and Taxation Code. This cancel-
lation was ordered by the Honorable Board of Super-
visors March 13, 1970 by Authorization No. 14849.
Very truly yours,
]~BLOODGOOD,
Auditor-Controller
By J. R. Passarella, Chief
Tax Division
JRP/E.MP/tc
. DON W. HAGE
MAYOR
City of Arcadia
C. ROBERT ARTH
MAYOR PRO TEM
EDWARD L. BUTTERWORTH
ROBERT J. CONSIDINE
JAMES R. HELMS. JR.
~
240 WEST HUNTINGTON DRIVE
ARCADIA, CALIFORNIA
LYMAN H. COZAD
CITY MANAGER
CHRISTINE VAN MAANEN
CITY CLI!.AK
F0b~a~y 24, 2910
wr. John R. Pasoarella. Auditor-Cont?ollor
50:'> Uoat TOIll3)2o Stzoeet. Roow 253
103 A~Z31oa. C~liforniu ~0012
1\-G 'GOntj.on: El::::o.nor P~l':r:;r. 'I'm; Cc.nc::::ll::.tio;l Section
Su~joct: Raqucot for Ccncol~ation of Taxes
Harold Ii. :~C't'~on und Lu.c:l11o 2-1. .Cottell
n~~~:.~ ".11'. I>3.noc.j;.:llL~:
Placce cone;"l tcm::w on tho )?!'OporCy dGl3cribod in tho
encloGod co~y of dced GO or tho dato of zoocording.
Vary t?~ly YOUTO.
:lO;3d;',l:" D. OGLE
City Attorney
RDO/llCi
EncloEure
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MAILING ADDRESSES
CITY HALL P. 0 BOX eo gl008
LIBRARY 20 W. DUARTE ROAD 91006
POLICE DEPARTMENT P. 0 BOX 60 Sill00e
FIRE DEPARTMENT 7105 SANTA ANITA AVE. 91006
TELEPHONES
448.4471 . 681-0276
446.7111
447.2121
448.2128
TO 1012 FC-OP 1'-108)
California lond Hie Association
Stondllrd Coverage Policy Form
Copyright 19b1
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amounc 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 consolidarion,
against loss or damage not exceeding the amount stated in Schedule A, tOgether with COSts, atcorneys'
fees and expenses which the Company may become obligated (0 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 [itle; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the
lien or charge of said mortgage upon the estate or interest referred co 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 the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
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all subject, how~.to the pr6vl~lon\ of Schedules A, Band C and to the Conditions and Stipulation,
hereto annexell-=-- ...~c,E AND r~(;, \\'1
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~ ... 00. cO!porat@n.:n~ ah'd seal to be hereunto affixed by its duly authOrized officers
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\\\\"NGELES, ~ by /- yL- ~ ~
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PRESIDENT
Attest
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SECRETARY
SCHEDULE
PART
ONE
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
2. Any faC[s, 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.
B
3. Easements, claims of easement or encumbrances which are llOt shown by the public re<ords.
4. Discrepancies, conflicts In boundary hoes, shortage in area, encroachments, or any other faces which a correct survey
would disclose, and which are not shown by the public records.
5. Unpatented mining claims: reservations or excepdons in patents or in Acts authorizing the issuance thereof; water rights,
claims or tide to water.
CONDITIONS
AND
STIPULATIONS
1. DEFINITION OF TERMS
The following terms whe::n u...ed in thIS
policy mean
(a) "land"; the land described. spetific.
ally or by n:fert"ntt", in Schedule C and
improvements affIxed thereto whICh by law
constitute:: real properlY;
(b) "public records": those records
which impart constructIve notice of matters
rdatlng to said land;
(c) "knowledge": actual knowledge, not
constructIve knowledge or norice whICh
may be Impuled to the Insured by rea~on
of any public records;
(d) "dale": the effective date;
(c) "morlgage": mortgage, deed of trust,
trust deed, or Other secuClty instrument; and
(f) "insured": the party or parties named
as Insured. and If the owner of the in-
debtedness secured by a mortgage shown in
Schedule B is named as an Insured in
Schedule A, the Insured shall include (I)
each successor In interest in ownership of
such indebtedness, (2) any such owner who
acquires the e~tate or interest referred to
in this policy by foreclosure, trustee's sale,
or other legal manner in satisfaction of
said indebtedness, and (3) any federal
agency or instrumentality which is an in-
surer or guarantor under an Insurance con-
tract or guaranty inSUring or guaranteeing
~aid inqebtedness, or any part thereof,
whethe::r 'named as an insured herein or not.
subject otherWise to the provisions hereof
2. BENEFITS AFTER ACQUISITION OF TITLE
If an imured owner of the mdebtedness
secured by a mortgage described in Sched.
ule B acquires said estate or Interest, or
any part thereof, by foreclosure, lrustee's
sale, or other legal manner in satisfaction
of said indebtedness, or any part thereof.
or if a federal agency or in~trumentality
acquires said estate or interest, or any part
thereof, as a consequence of an insurance
contract or guaranty insuring or guaraotee-
ing the indebtedness secured by a mortgage
covered by this policy, or any part thereof.
this policy shall contmue m force in favor
of such Insured, agency or instrumentality,
subject to all of the conditions and stlpula-
tlons hereof.
3, EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
ThiS po!.cy does not insure against loss
or damage by reasons of the following:
(a) Any law, ordInance or governmental
regulation (including but not limited to
budding and zonmg ordinances) restricting
or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating
the chanlcter, dimenSions, or location of
any Improvement now or hereafter 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.
(h) Governmental rights of police power
or eminent domain unless notice of the
l.xerci~e of such rights appears in the public
rewrds at the date hereof.
(c) Title to any property beyond the
hnes of the land expressly descnbed in
Schedule C, or title to streets, roads, ave-
nues, lanes, ways or waterways on which
~uch land abuts. or the rif:ht to maint,lin
therem vaults. tunnels, r.lrnp... or an}' other
structure or improvement; or any rights or
easements therem unless IhlS policy ~pecific.
ally provides that ..uch property. rights \)r
easements are insured, except that If the
land abuts upon one 0\ more physically
open streets or highway.. thi~ policy IOsures
the ordmary rights of ahuttinF: owners for
access to one of such ..treelS or highways.
unless otherwise excepttd 01 excluded
herein
(J) Defects, liens, encumblrlnces, adverse
claims against the title as insured or other
matters (I) created, suffered, assumed or
agreed to by the Insured c1aiminjt loss or
damage: or (2) known to the Insured
Claimant either at the date of this polic}'
or at the date such Insured Claimant ac-
qUIred an estate or intertst Insured by thl~
policy and not shown by the public records.
unless disclo!>ure thereof in wfltin.g by the
Insured shall have been made to the Com-
pany pnor (() the date of this pO]lCy: or (3)
resulting in no loss to the I nsured Claim-
ant; or (4) attaching or created subsequent
to the date hereof.
(e) Loss or damage which would not
have been sustamed if the Insured were a
purchaser or encumbrancer (or value with-
out knowledge,
4. DEFENSE AND PROSECUTION Of ACTIONS
-NOTICE OF CLAIM TO BE GIVEN BY
THE INSURED
(a) The Company, at Its own cost and
witham undue delay shall provide (I) for
the defense of the Insured in all litigation
consisting of actions or proceedings com-
menced against the Insured. or defenses,
restraining orders, or injunctions interposed
against a foreclosure or sale of the mort-
gage and indebtedness 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 mort-
gage as insured, which litigation or action
in any of such events IS founded upon an
alleged defect, lien or cncumbl ance in-
sured against by thiS policy, and may pur-
sue any btigation to fmal determination in
the court of last resort.
(b) In case any such action or proceed-
mg shall be begun, or defense interposed,
or in case knowledge shall come to the In,
sured of any claim of title or interest which
is adverse to the title of the estate or in-
terest or lien of the mortgage as insured,
or which might CJuse loss or damage for
wl;ich the Company shall or may be liable
by vinue of this polay, or if the Insured
shall in good faith contract to sell (he in-
debtedness secured by a murtgage covered
by this policy, or, if an Insured in good
faith leases or contracts to sell. lease or
mortgage the same, or If the successful
bidder at a foreclosure .'Iale under a mort-
gage covered by this policy refuses to pur.
chase and in any such event the [ide to
said estate or IOterest is rejected as un-
marketable, the Insured shall notify the
Company thereof in writing. If such notice
shall not be given to the Company within
ten days of the receipt of prucess or plead-
ings or if the Insured shall not, in writing,
promptly notify the CompJny of any de-
fect. lien or encumbr.lnce insurl."d against
which sh.lll come to Ihe kno\\'led~e of the
Insured. or if the Insured sh.tll not, in
writin~. promptl)' notdy the Company tlf
any such rerection by rea..on of claimed un-
m.lrketabilHr of title. then all liability of
(ConditiOns and Stipulations Continued and Concluded on Last Page of This Policy)
AMlI:ftlCAN LAND TlTLIl A..OCIATlON LOAN ~L1C" ADDITIONAL CDVl[ftAGI[ - 1"2 Oft CALII"OftNIA LAND T1TLI AlSOCIATION ,TANDAftD COVlftAGI[ ~LICY _ ,..3
,\'
:SCHEDULE A
I PREMIUM :'$40~00
,AMOUNT . :. 52.000.00'
~iFFECTIVE.DATE::FEBRUARY: 11,.1970:AT'8 A.M.
i POLICY: NUMBER: 6944210
: INSURED
,CITY OF:ARCADIA.:A.MUNICIPAL;CORPORATION.
:1. :TITLE:T~THE'ESTATE:OR:INTEREST:COVERED BY: THIS POLICY,AT:THE
:DATE:HEREDFiIS:YESTED: IN:
:CITY OF: ARCADIA,. A. MUNICIPAL; CORPORATION.
, . .
.2. :~HE ESTATE'OR INTEREST: IN: THE: LAND. DESCRIBED OR: REfERRED, TO: IN
. SCHEDULE, C. COVERED. BY', THIS: POLlCYi,IS: A: FEE.
:SCHEDULE.B
:. THIS; POLICY. DOES NOT: INSURE .AGAINST". LOSS' OR: DAMAGE BY: REASON Of
: THE: FOllOWING:
: PART. ONE
.ALL MATTERS: SET. fORTH: IN: PARAGRAPHS NUMBERED. 1 TO.5. INCLUSIVE ON
: THE: INSIDE: COYER' SHEET' Of..THIS' POLICY'.UNDER: THE: HEADING SCHEDULE. B
i PART: ONE.
. PART: TWO
1. . AN ACTION: IN: THE' SUPERIOR: COURT
: CD......ENCED : : DECEMBER: 12,: 1969 .
:fiNTITLED : ,.CITY: Of. ARCADIA,. A MUNICIPALICORPORATION
, . VS. ETHEl' :ANGEL, 'ET AL.
" CASE: NO. ':: NEC: 9079; COUNTY'.OF: LOS: ANGELES
: NATURE: OF: ACTION: :.TO, CONDE"'N: THE: FEE SIMPLE: TITLE, TO: SAID
, PROPERTY:.FOR: THE' USE Of A. PUBLIC. RIGHT
. Of' WAY.
: AFFECTS ::.THAT PORTION Of. LOT 16;. BLOCK 83. Of: SANTA
ANITA: TRACT,: AS SHOWN ON MAP: RECORDED, IN
. BOOK: 15'PAGES'89:AND.90 Of. MISCELLANEOUS
. RECORDS,: IN: THE OffICE'Of,THE,COUNTY'.RECORDER
'Of' SAID,COUNTV,.DESCRIBED AS. fOLLO~S:
6944210 .PAGE 1
AMIUIICAN LAND TITLE AS.oc:IATIDN LOAN POLICY ADDITIONAL COVIIIIAOI _ lllea 0111 CALII'OIOlNIA LAND TITLE AeaDClATION STANDAIIID COVl(IOIAa. POLICY _ ,.S3
;~D~ICE:OF;THE;PENDENCY OF SAID ACTION WAS
lRECORDED:'JA~~ARY,7. 1970 IN.BOOK:3383 PAGE 953. OFFICIAL
:RECORDS. AS:INSTRU~ENT:NO. 1722
.6944210 IPAGE.2
....."..,C...N U,ND TITLI< .....OCI...TlDN LD"'N ~LICY ...DDITION...L COVE.....O. _ 1..2 0.. C...LIFO..NI... U,ND TITLE ....~CI...TION .T...ND.....D COV".....OIl: ~LICY _ 1..3
SCHEDULE:C
- .'
:THE:LA~D REfERREO:TOiIN:THISlPGLICY:,IS'SIJUATED: IN:THE:COUNTY.,OF
: LOS. ANGELES.' STATE: OF: CALIFORNIA.) AND: IS. DESCRIBED: AS FOLLOWS:
: THAT: PORTION OF. Loi: 16..BLOCK'S3 OF,THE'ARCADIA~SANTA'ANITA
: TRACT.: IN:THE:CITY'OF:ARCACIA.:IN:THE,COUNTY OF: LOS. ANGELES.
,'STATE: OF, CALIFORNIA.: AS: PER. PoAP. RECORDED: IN. BOOK 15: PAGES
'S9:AND,90,OF_MISCELLANEOUSIRECORDS.: IN:THE.OFFICE OF:JHE
" COUNTY'.RECORCER OF' SAID: COUNTY.: DESCRIBED' AS: FOLLOWS:
,BEGINNING AT:THE'SOUTHEAST:CORNER OF: SAID: LOT;:JHENCE'NORTHERLY
: ALONG: THE: EASTER!. Y'.LINE' OF' SAID: LOT.. 50 FEET: TO: THE: NORTHEAST
; CORI\:ER. THEREOF;: THEI\:CE' WESTERLY ALONG: THE. NORTHERLY..LINE
: OF' SAlO'. LOT: TO: THE' WESTERLY'. LINE OF: .THE' EASTERLY..20. FEET
: OF: SAIO:'LOT;: THENCE' SOUTHERLY. ALONG SAID WESTERLY..LINE: 35
: FEET: TO:THE,BEGINNING: OF,A: TANGENT. CURVE. CONCAVE,NORTHWESTERLY
: AND: HAVING: A; RADIUS' OF: 15: FEET. AND. A: LENGTH OF. 23.56. FEET.
, SAID, CURVE. ALSO. BEING: TANGENT. ATl ITS' SOUTHERL Y:.TERMINUS
'WITH,THE'SOUTHERLY:LINE:OF SAID:LOT;:THENCE'SOUTHERLY.ALONG
: SA'ID, CURVE: TO: SAID: SOUTHERLY'..LINE;:,THENCE: EASTERLY..ALONG
'SAID'SDUTHERLY:LINE:35:FEET:TO:THE:POINT OF. BEGINNING. '
, ,.
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6944210 'PAGE:3
'. \ 5.69)
ALTA OR STANDARD COVERAGE
INDORSEMENT
AlTACHED TO POJ.lCY NO. 69442:10
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregatc, the facc amount of said policy and costs which thc Company is obligated
under the conditions and stipulations thereof to pay.
This indorsemcnt is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
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\\\\,4NGELES. C ..;::--=-
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Title Insurance and Trust Company
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By
SECRETARY
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bloc ks 81 and 83
AQCADIA
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~. 3~\145 ~ 50 50 50 50- --SO- -50 50 50' 30- 30- - A' -50 I I
'. _'- \ '. ~ J2~ ~
~ \~;~)~33Q~2 31 30 29 28 Z7 '26 25 24 :as ~~~i~o/~
'<> 34"<< ~'" "'~ ~ /~ ,<>f:iJ"".19 ~
'<> 145~'" 50'<>,s0 50 50 50 -50r,~.. ~ ~
.....~ ,,~/^" ......... ~/~(,VAC../ ~ .v
It) '<> 3 /45 '<l '50~ ;50; 50- -5Z 50 50 50 :2--50(\ o~ ~O' '" I 18 ~ ~
~ '<> '<I", ~!f~ f)';) -M...-(7(i) ~~~~,..--/ ~'" "
~ '" 2 '" ~ ~~~)@ P.nI~r5\ ~$~:::..----- RS 7T~",69 17
'<> '" 4 5 6 r-B-,9-~/O:,H--,z 13 14 15 '" ~
60 ~ I /45 $: 50 50 50 50 50 50 50 50 50 50 50 ~ 145 16 Q 60
~ .5T. JOSEPtf .5T.
I j
50 50, ,50 5050-50 50
J, I '\.
31 30 29 28\27 !26 25 24
\
50 50
50 50
I
50 50 50 50
.~
501 50
I
50 50
50, 50
I
50 50 50
PE.RY.
~
Cl
\()
I
@
This is not a survey of the land but is compiled for information by the
Title Insurance and Trust Company from data shown by the official records.
'.
CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
rhe Company in rCAard to (he subject matter
of such .lctlnn. proceeding or matter sh:lll
cease .1nd terminate; rrovided. ho""t'\'er.
that fJdule to notify shall In no (;J~e
prejudice the claim of any Insured unless
the Company shall be actually prejudiced
by SUI.:h failure a.nd then only tlJ the extent
of such prejudice.
(c) The Company shall have the right
at its own cost [0 institute and prosecute
any action or proceedlnE; or do any other
act which in Its opimon may be necessary
or desirable to establish the title of the
estate or interest or the lien of the morl.
gage as insured; and ,he Company may
take aoy applOpfl.1tC aCtiun under the Ie-rrm
of this policy whether or not It. ~hall he
liable Ihereunder ,\OJ shall nor Iherehy
concede liability or waive J.ny provisiOn of
this policy.
(d) In all cases where this policy per-
mits or requires the Company w pro~ecu(e
or provide for the defense of any action
or proceeJinlt, (he Insured shall secure 10
it Ihe right 10 so prosecute or provide de.
fense in su,h actIOn or proceeding. and .111
appeals therein, and permit it (0 use, at it~
option, the name of the Insured fm such
purpose. Whenever requested by the Com.
pany the Insured shall give the Company
all reasonable aid in any such action or
proceeding, in effet:ling settlement, securin,l:
evidtnce, oblllining witnesses, or proseCu.
ting or defending such ,lCtion or proceed.
109, and the Company shall reimburse tht
Insured for any expense so incurred.
S. NOTICE OF LOSS - LIMITATION OF
ACTION
In addition to the notices required undt'r
paragraph 4(b), a statement 10 writing of
any loss or damage for whIch it is c1aimt'd
the Company IS liable under this policy
shall be furnished to (he Company within
sixty days after such loss or damage shall
have been determined. and no right of
action shall accrue to the Insured under
this policy until thirty days afrer 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 thiny day period. Failurl'
to furnish such stalement of loss or damagl',
or to commence such act ton WIthin thl'
time hereinbefore specified, shall be a con-
cluSIve bar against maintenance by the In-
sured of any acrion under this policy.
6. OPTION TO PAY, SETTLE OR COMPRO_
MISE CLAIMS
The Company shall have th(.' option to
payor settle or compromise for or in thl'
name of the Insured any claim imured
a~alOst or to pay the full amount of thi~
policy, or, in case loss is c1aiml'd undl"f thi~
policy by rhe owner of the IOJebt<:dnl'~'
seCl.lred by a mOr/Bage cover<:d hy this
policy, the Company shall have the option
to purchase saId indebtedness; such pur.
ch;;.se, paymem or tender ~)f paymem of
the full amount of thi~ policy, to,gether
\l, ith all UlStS, attorneys' fees and expense~
which the Company is obligated hereunder
to pay, shall term matt- all liability of the
Compan}' hereunder. In the event, after
notit'e of claim has been ~iven to the Com-
pan)' by Ihe Insured, the Company offers
to putchase said indebtedness. the owner of
such indebtedness shall tran~fer and assign
'diJ indebtedness and the mortgage securlOg
the ~ame to the Com pan}' upon payment of
the purchase price.
7. PAYMENT OF LOSS
(a) The liability of the Company under
tlm policy shall 10 no case exceed, in all;
the .lctual loss of the Insured and COSts and
,lttorneys' fees whIch the Company may be-
obll~ated hereunder to pay.
(b) The Company will pay, in addition
to any ]o~s msured a~amst by thIS policy,
,111 co:.tS imposed upon Ihe Insured In Itt'i.
E!,ation carried on by the Company for the
Insured, and all COStS and attorneys' fees in
litigaflon carried on by the Insured with
the written authoflzation of the Company.
(c) No claim for damages shall arise or
be maintainable under thls PQlicy (t) if
.he Company. after having receIved notin:
of an alle~ed defect, hen or encumbrance
not excepted or excluded herem remove~
juch defect, lien or encumbrance Within a
reasonable time after receipt of such notit'e.
or (2) for liability voluntaflly assumed by
the Insured in settling any cl:tim or SUIt
without. written consent of the Company.
or (3) In the event the lide is rejected d~
unmarketable because of a defect, lien or
encumbrance not excepted. or excluded 10
this pohcy, until there has been a flOal
determinatIOn by it ({lurt of competent jun,.
diction sustaining such (("leCtlon.
(d) All payments under this policy. ex.
cept payments made for COStS, attorneys'
fees and expenses, sh.llI reduce the amount
of the insurance pro tanto and no payment
shall be made without produCtn.': this policy
for endorsement of such payment unless
the policy be Iou or destroyed. in which
case proof of such los~ or destruction ~hall
be furnished to the sati~faction of the Com-
pany; provided, however, d tilt' 0\\ ner of
an indebtedness se(ured' hy a mortgage
shown III Schedule R IS .In In~ured herein
then such payments shall not reduce pro
tanto the amount of the IOwrance afforded
hereunJer as to such Insuled, except 10 tl1('
extent Ihal such payments reduce Ihe amount
of the Indebtedness ~t'(u{f:d by such mort-
gage. Payment in full by .1ny person or
voluntary satisfawon or reledse by the In.
SUI cd of ~ mortgage covered by this policy
~hall termInate all lIabi]ity of the Compan}'
10 the insured owner of the indebtedness
secured by such mortgage. except as pro-
vided in paragraph 2 hereof
. (e) When liability has been definitely
fIxed in accordance wlIh the condjtion~ of
this policy the ]o~s or dama~e sh.111 be pay.
able within thlfty days thereafter.
8. LIABILITY NONCUMULATIVE
It IS expressly understood that th,.
amount of this policy IS redu,ed by any
amount. the Company may pay under any
pollt'y iOsunng the vaIJdity or prionty of
any monp;a~e shown or referred ((l 10
Schedule B hereof or any mortgage here.
after executed by the Imured whIch IS a
charge or lien on the est,lte or imert....t
described or referred to in Schedule A. and
the amount ~o paid shall be deemed a par.
mcnt to the ln~ureJ under this policy. The
provisions of rhi~ paragraph numbered 8
shall not apply tu an Imured owner of an
indebledncs~ secured by a mongap;e shown
III Schedule B unless such Insured acquire~
title to said estate or interest 10 s.ltisfaction
of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whene\'er the Company shall h.l\'e setded
a dalm under thi~ policy. all right of :.ub-
rogation shall vest in the Company un.
affecled hy any act of the Insured, and it
shall be subrogated to and be entitled to
all ri~hts and remedies which rhe In~ured
would have had again:.t any person or prop.
erty in respect to such claim had this policy
nnt been issued. If the p:lyment does not
cover the loss of the Insured, the Company
~hall be subro~at('d [0 such rights and
remedies in the proportion whIch said pay.
ment bears to Ihe amoum of ~aid lo~s. If
1m:. slwuld rtsuh flom ilnv act of the In-
~llred. :;uch act \h.111 not ~'lIid this policy,
but the Comp.IOY, In th.1t ,'vent, shall be
reqUIred to pay only that pMt of any losses
insur,'d ,H~ain:;t llt:reunder which shall ex-
ceed the :lInount. if ,IllY, lo,t to the Com.
pany by reason of the Impairment of the
right of subrogation. The Insured, if re-
que::sttd by the Company, :;hall tr,\Osfer to
the Company ~\II rights and remedie~
ag:linst any person or property nelessary in
orde::r to perfen !'Iu,h right of ~ubrogation,
and shJIl pe::rmit Ihe Company 10 use the
name of the Insured in .1ny transaction or
litigation involvin~ ~ut'h rights or remedies.
If the I n~ured i~ the owner of thl' In.
debtedness secured by a mortgage covered
by thiS polICY, such In,ured may releaSt' or
~ub~titute the personal liability of Jny
debtor or guarantor. or exrend nr otherwise
modify the terms of payment. or rel<:ilse
a portion of the e~tatl' or interest from the
lien of the mort~aE!,e. or rc]e,l\l' any col-
lateral se(urity for the indebtedness. pro.
vided such act does nOI result in any loss
of prioflty {If the lien of the nlUttgage.
10. POLICY ENTIRE CONTRACT
Any anion or actulOS or right~ of action
th,U the Imured may h.1ve or t1uy brin,l:
.l~dinst the Company ari'lllg out o~ the
~t:ltus (If the lien tlf Ihe mOlt,ga,ge covered
by rhis polilY or th,' tille of the eSt,He or
Interest insured herem mUM be based on
the provision~ of thiS policy.
No provision or coni.l1tlCln of thi~ policy
can be waived or chan~ed except by writing
endorsed hereon or alfached hereto signed
by the President, a Vice President, the
Secrelary, an Assistant Senet,HY or other
valld.lting offio:r of the Cnmp,my.
11. NOTICES, WHERE SENT
All notices required to be given the Com-
pany and any statement in wrnin.1.t requited
to be furnished the Company shall be ad-
dressed to it at the office which hsued thi~
policy or to ItS Home Office. 433 South
Spring Street, Los An~e1es H, California.
12. THE PREMIUM SPECIFIED IN SCHEOULE
A IS THE ENTIRE CHARGE FOR TITLE SEARCH,
TITLE EXAMINATION AND TITLE INSURANCE.
POLICY
OF
TITLE
INSURANCE
Providing direct title services or referral
services throughout the United States and
the territory of Guam,
Title Insurance
and
Trust Company