HomeMy WebLinkAboutD-1760
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~~~,!t9 the City of Arcadia, a municipal 'corporation, by the deed, grant; conveyance
~""':"""or instrument dated July 17th, 1970 , from or executed
~~::g~ Southern California Edison Co. , is hereby accepted
- , . ~"'" ??r 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
f~corded 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
~ounty; and the City of Arcadia consents to the recordation thereof by its duly
authori officers.
CERTIFICATE OF ACCEPTANCE
,BK-Q48IlrG 469 '\
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City Engineer
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escribed is hereby
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Recording Requested By
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Southern California Edison Company
When Recorded Mail To '
RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY. CALIF.
FOR TITLE INSURANCE & TRUST co,
1970 AT 8 A.M.
City Clerk
city of Arcadia
P. O. Box 60
Arcadia, California 91006
AUG 31
RAY E. LEE, Registrar.Recorder
FREE
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
RANT DEED
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OFFICIAL BUSINESS
Document Entitled to Free Recording
Gov. Code Sec. 6103
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Location: City of Arcadia
DOCU-MENTARY TRANSFgR TAX $...~........~..................:1
-COMPUTE:O ON FULL VALUe. OF PROPERTY CONVEYED
-OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
M~ 1i,j~ Insur~nca andT~ust COmpa'
Signature of Declarant or Agent determining tax. Firm Name
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,
hereby GRANTS to.the CITY OF ARCADIA, a municipal corporation, that
certain real property in the City of Arcadfa, County of Los Angeles,
State of California, described as follows:
Those portions of Lots 16, 17, 18, 19, 20 and 21 in
Block 81 of Arcadia Santa Anita Tract, in the City of
Arcadia, County of Los Angeles, State of California, as
per map recorded in Book 15, pages 89 and 90 of Miscellan-
eous Records, in the office of the county Recorder of said
County, together with that portion of alley, vacated, in-
cluded within, the following described boundaries:
Beginning at the Southeasterly corner of said Lot 16;
thence Northerly along the Easterly line of said Lots 16,
17 and 18 to the Northeast corner of said Lot 18; thence
continuing Northerly along the Northerly prolongation of
the Easterly line of said Lot 18 to the Southeasterly corner
of said Lot 19; thence Northerly along the Easterly line
of said Lots 19, 20 and 21 to the Northeast corner of said
Lot 21; thence westerly along the Northerly line of said Lot
21, a distance of 27.00 feet to the beginning of a tangent
curve concave Southwesterly, having a radius of 12.00 feet
and a length of 18.85 feet, said curve also being tangent at
its Southerly terminus to a line parallel with and 15.00
feet Westerly, measured at right angles, from the Westerly
line of Second Avenue, 60 feet wide, as shown on the map of
said Arcadia Santa Anita Tract; thence Easterly along said
curve to said parallel line; thence Southerly along said
parallel line, 316.00 feet, more or less, to the beginning of a
tangent curve concave Northwesterly, having a radius of
12.00 feet and a length of 18.85 feet, said curve also being
tangent at its Southerly terminus to the Southerly line of said
Lot 16; thence Southerly along said curve to said South-
erly line; thence Easterly along said Southerly line, 27.00
feet to the point of beginning.
The above described real property also being a portion
of Parcels 1 and 2 and Alley, as shown on Record of Survey
Map filed in Book 77, page 69 of Records of Surveys, in the
office of the County Recorder of said County.
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Mail Tax Statements To:
City Clerk
City of Arcadia
P. O. Box 60
Arcadia, California 91006
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;--, C~ty OI Arcaa~a, a mun~c~pa~ corp.
Serial No. 42148A
EXCEPTING AND RESERVING unto said Southern California
Edison Company, all uranium, thorium and other fissionable
materials, all oil, gas, petroleum, asphaltum and other hy-
drocarbon substances and other minerals and mineral ores of
every kind and character, whether similar to these herein
specified or not, within or underlying, or which may be
produced from that portion of the hereinbefore described land
which lies below a plane parallel to and five hundred (500)
feet below the present surface of said land, it being ex-
pressly understood and agreed that said Southern California
Edison Company shall have no right to enter upon the surface
of said land, or to use said land or any portion thereof,
to said depth of five hundred (500) feet, for any purpose of
prospecting for, developing, and/or extracting said uranium,
thorium and other fissionable materials, oil, gas, petroleum,
asphaltum and other hydrocarbon substances and other minerals
and mineral ores.
The real property hereby conveyed is not necessary or useful
in the performance of the duties of said Southern California ,Edison
Company to the public.
SUBJECT TO the real property taxes for the fiscal year 1970-
1971, a lien not yet due or payable, and to covenants, conditions, re-
strictions, reservations, exceptions, rights and easement of record.
IN WITNESS WHEREOF, said Southern California Edison Company
has caused its corporate name and seal to be affixed hereto and this
in~trument ta be executed~i11t officers, thereunto,~~l~authorized,
th~s 171> day of __. ' 1922.., ,."...,'.",'
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SOUTHERN CALIFORNIk-'EDISON~C0MPANY
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By
Wm.
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C. Drewry,
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By
M. V.
STATE OF CALIFORNIA
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COUNTY OF Los Angeles
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On this 17th day of July , 19z.D.., before me, a
Notary Public in and for said State, personally appeared
Wm. C. Drewry , known to me to be a Vice President,
and M. ' V. Rile~ ' known to me to be an
Assistant Secretary of Sout ern California Edison Company, the corp-
oration that executed the within instrument, known to me to be the
persons who executed the within instrument on behalf of the corpora-
tion herein named, and acknowledged to me that such corporation exe-
cuted the same, pursuant to its by-laws or a resolution of its board
of directors.
hand and
seal.
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OFFICIAL SEAL
KAT.HERINE M. BAIR
NOTARY PUBLIC, CAUFORNIA
IDS ANGELES COUNTY
My CommiSSion Expire. Jen. 8, 1972
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MARK H~ BLOODGOOD
AUDITOR-CONTROLLER
COUNTY OF LOS ANGELES
JJ-r/oC/
DEPARTMENT OF AUDITOR-CONTROLLER
153 HALL OF ADMINISTRATION
LOS ANGELES, CALIFORNIA 90012
625-3611
ROBERT A. GILL
CHIEF DEPUTY
E. GUERRERO
CHIEF. TAX DIVISION
July 8, 1971
City of: Arcadia
240 West Huntington Drive
~cadia, California 91006
Attention: Robert D. Ogle
City Attorney
RECEiVED
JUL 9' 1971
,CITY OF ARCADIA
crr'l AlTORNEY
ReI
That portion of: Lots 16,\ 17} 18,
19, 20 and 21 in Block ~1 or
Arcadia Santa Anita Tract acquired
from Southern California Edison Co.
Gentlemen:
F'':l'S',:,3.nt to :'~'...!;.r letter d3ted September 14, 1970,
taxes h3.ve be9::1 c!J.ncelled in accordance with Section
4936 of the Re';'anJ.8 and Taxation Code. This cancel-
lation ~as ordered by the Honorable Board of Super-
visors Feb. 23, 1971, by Authorization No. 20105.
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If""" H llTOODG"^n
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Auditor-Controller
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By Ed'\,:'~li -Guen~€l'~ 1 Chief
EG/lli"/tc Tnx Division
September 14. 1970
Mr. John R. Passarella. Controller-Auditor
500 West Temple Street. Room 153
Los Angeles. California 90012
Attention: Eleanor Parker. Tax Cancellation Section
Subject: Request for Cancellation of Taxes
Southern California Edison Company
Dear Mr. Passarella:
Please cancel taxes on the property described in the
enclosed copy of deed as of the date of recording.
Very truly yours.
ROBERT D. OGLE
City Attorney
RDO:kd
Enclosure
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TO 1012 FC-DP !'-68)
California It!lnd itle Association
Standard Coverage Policy Form
Copyright 1961
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 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, [Qgether with costs, attorneys'
fees and expenses which the Company may become- obligated co pay as provided in the Conditions and
Stipularions hereof, which rhe Insured shall sustain by reason of:
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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; 01
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 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 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 the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
.
all subject, how~~~1~))'1;)}siilns of Schedules A, B and C and to the Conditions and Stipulations
hereto annexed7 ...~CE ANO rR,.'I\\11
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j:f ~ o,*, .**f.llIlESrn' WttneJSCW: eYeo , Title Insurance and Trust Company has caused its
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~ 4J g '" . cOJPorat19nl1:ne and seal to be hereunto affixed by .ts duly authOrized offICers
~ .../ 00' 6~"th'e\dll1e Th~";~n Schedule A.
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'1 () oo~r.ltiE IS GUooo ,......:::;'
III ;SO", 00000000 C~V .:- /
\\\\ NGELES. ~=- by ""'ty~ ~ ~
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PRESIDENT
Attest
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SCHEDULE
PART
ONE
I. Taxes or assessments which are DO[ shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an
inspection of said land or by making inquiry of persons in possession thereof.
B
3. Easements, claims of easement or encumbrances which are 00( 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, and which are Dot shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights.
claims or title to water.
CONDITIONS
AND
STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this
policy mean:
(a) "Iand": the land described, speuflc,
ally or by n:ference, in Schedule C and
Improvements affixed Iherew which by law
constitute real property;
(b) "publIC records": those r~ords
which impart conslructive notice of matters
relating to said land;
(c) "knowledge": actual knowledge, not
constructive knowledge or nOlice which
may be imputed to the Insured by reason
of any public records;
(d) '"dule": the effeClive date;
(e) "mortgage"': mortgage, deed of trust,
trust deed, or other security instrument; and
(f) "insured": the party or parlies 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 (1)
each successor in interest in ownership of
such indebtedness, (2) any such owner who
acquires the estate 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 guaranteelOg
said indebtedness, or any part thereof.
whether named as an insured herein or not,
subject otherwise to the provisions hereof.
2. BENEFITS AFTER ACQUISITION OF TITLE
If an insured owner of the indebtedness
secured by a mort~age described in Sched-
ule B acquires said estate or IOtereSt, 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 guarantee-
i ng the indebtedness secured by a mortgage
cMered by this policy, or any part thereof,
this policy shall continue in force in favor
(If such Insured. agency or instrumentality,
subject to all of the conditions and stlpula.
tions hereof.
3. EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This policy does not insure against loss
or damage by reasons of the following:
(a) Any law, ordinance or governmental
regulation (lOcludlOg but not limited to
building and zoning ordmances) restricting
or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating
the character, dimensions. or location of
any improvement now or hereafter erected
on said land. or prohibiting a separation in
owner!\hip or a reduction in the dimensions
or ared. of any 1m or parcel of land.
(b) Governmental rights'of police power
or eminent domam unless notice of the
l.xercise of such rights appears in the public
rewrds at the date hereof.
(c) Tide to any property beyond the
lines of the land expressly described in
Schedule C, or title to streets. roads, ave.
nues, lanes, ways or waterways on which
~uch land abuts. or the rij::hl to mainr..in
therein vaults. mnnels. ramp~ or any other
structure or improvement; or any rights or
easements therem unless IhlS policy speCIfiC-
ally provides that such pCC1perty. rights or
easemems are insured. except that if Ihe
land abuts upon one or more physically
open streets or highway~ thl~ poljcy imures
the ordinary rights of abuttin.t; owners fat
access to one of such ~';[(eers or highways.
unless otherwise excepted or excluded
herein.
(d) Defects. liens, en(umbran(e~. adverse
claims against the utle as IOsured or other
matters (I) created, suffered, assumed ur
agreed to by the Insured c1aimlOg lo~s or
damage; or (2) known 10 the Insured
Claimant either at the date of this policy
or at the date such Insured Claimant aC.
quired an estate or interest insured by this
policy and not shown by the public records.
unless disclo~ure thereof in writin,g- by the
Insured shall have been made to the Com-
pany pnor to the date of this policy: or (3)
resulting in no loss to the Insured Claim-
ant; or (4) attaching or created subsequem
to the date hereof.
(e) Loss or damage which would not
have been sustalOed if the Insured were a
purchaser or encumbrancer for 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
without 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
agalOst a foreclosure or sale of the mort-
gage and indebtedness covered by this poltcy
or a sale of the estate or imerest in said
land; or (2) for such action as may be
appropriate to establish the utle of the
estate or imerest or the lien of the man-
gage as insured, whIch litigation or action
in any of such events is founded uplln an
alleged Jefect, lien or ('ncumbl ance 10.
.'lured against by this policy, and may pur-
sue any litigation to final determination in
the court of last reson.
(b) In case any such action or proceed-
ing. shall be begun, or defense interpused,
or 10 caSe knowledge shall come to the In-
sured of any claim of title or IOterest which
is adverse to the title of the estate or 10-
terest ?r lien of the mortgage as insured,
or which might Cause loss or damage for
which the Company shall or may be liable
by vu.tue of this polity, ur if the Insured
shall in good faith contract to sell the in-
debtedness secured br a mungage co\'ered
by this policy. or, i an Insured in ~ood
faith leases or contracts to sell, lease or
mortgage the same, or if the successful
bidder at a foreclosure ~ale under a mort-
gage covered by this pulicy refuses to pur-
chase and in any such event the title to
said estate or interest is rejected as un.
marketable, the Insured shall notify the
Company thereof in writing. If such nOlice
shall not be given to the Company within
ten days of the receipt of process or plead-
ings or if the Insured shall not, in writing,
promptly notify the CompJny of any de-
fect. hen or encumbrance insured a~.ljnst
which sh.lll (time to the kno\\'led~e of the
Insured, or if the Insured shall not. in
writlOR, promptly notIfy the Company of
any such rejection by reasun of claimed un.
m.trketability of title. then all liability of
(ontin'jed and Concluded on Lost Poge of This Policy)
In:=:1
~
(Conditions and Stipulotions
"'LTA LOA~ "OLICY - 1170 WITH STREET 1...."OVE..IENT ",SS[SS"IENT COVE""'GIE OR C:ALr"OllNI... L"'NO TITLIl .....OCI..TION ST"'ND""O C:OVI"...OIl I'QLIC:Y _ 1.."
SCHEDULE A
PREMIUM : $40.00
AMOUNT : $2,000.00
EFFECTIVE DATE: AUGUST 31, 1970 AT 8:00 A.M.
POLICY NUMBER : 6942773
INSURED
THE CITY OF ARCADIA, A MUNICIPAL CORPORATION.
1~ TITLE TO THE ESTATE OR INTEREST COVERED BY:THIS POLICY:AT THE
DATE HEREOF, IS VESTED IN:
THE CITY OF ARCADIA, A MUNICIPAL CORPORATION.
2. THE ESTATE OR INTEREST' IN THE LAND DESCRIBED OR REFERRED TO IN
SCHEOULE C COVERED BY THIS POLICY,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 T05 INCLUSIVE ON
THE INSIDE COVER SHEET OF THIS POLICY 'UNDER THE HEADING SCHEDULE B
PART ONE.
PART TWO
1. GENERAL AND SPECIAL COUNTY AND CITY ,TAXES
FOR THE FISCAL YEAR 1970-1971, A LIEN NOT YET PAYABLE.
.
6942773 PAGE 1
ALTA LOA" ~OL'eY - 1~70 WIT" nll~u '..~AOII~..~"T A..~....~J<T COIIEAAlOIE Oil eAL'~Oll"'A LAJ<O TlTL~ AIIOe'ATlO.. nA"OAIID eOIlEIIAOE !'OLICY _ '''3
SCHEDULE C
THE LAND REFERRED TO IN THIS POLICY .IS 'SITUATED IN THE COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA,' AND IS DESCRIBED AS FOLLOWS:
THOSE PROTIONS OF LOTS 16, 17, 18, 19, 20, AND 21 IN BLOCK
81 OF ARCADIA SANTA ANITA TRACT, IN THE CITY OF ARCADIA,
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK, 15, PAGES 89 AND 90,OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF ALLEY, VACATED, INCLUDED WITHIN
THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT, 16; THENCE
NORTHERLY ALONG THE EASTERLY,LINE OF SAID LOTS 16, 17, 'AND
18 TO THE NORTHEAST CORNER OF SAID LOT 18; THENCE CONTINUING
NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY
LINE OF SAID LOT 18 TO THE SOUTHEASTERLY CORNER OF SAID
LOT 19; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
LOTS 19, 20 AND 21 TO THE NORTHEAST CORNER OF SAID LOT 21;
THENCE WESTERLY ALONG THE NORTHERLY' LINE OF SAID LOT 21,
A DISTANCE OF 27.00 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 12.00 FEET AND
A 'LENGTH OF 18.85 FEET, SAID CURVE ALSO BEING TANGENT AT
ITS SOUTHERLY TERMINUS TO A LINE PARALLEL WITH AND 15.00
FEET WESTERLY, MEASURED AT RIGHT'ANGLES, FROM THE WESTERLY,
,LINE OF SECOND AVENUE, 60 FEET WIDE, AS 'SHOWN ON THE MAP
OF SAID ARCADIA SANTA ANITA TRACT; THENCE EASTERLY ,ALONG
SAID PARALLEL LINE, 316.00 FEET, MORE OR, LESS, TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF ' 12.00 FEET AND A LENGTH OF, 18.85 FEET, SAID CURVE ALSO
BEING TANGENT AT ITS SOUTHERLY:TERMINUS'TO THE SOUTHERLY
LINE OF SAID LOT 16; .THENCE SOUTHERLY ALONG SAID CURVE TO
SAID SOUTHERLY ,LINE; THENCE EASTERLY ,ALONG SAID SOUTHERLY,
LINE, 27.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED REAL PROPERTY ,ALSO BEING A PORTION OF
PARCELS 1 AND 2 AND ALLEY, AS SHOWN ON RECORD OF SURVEY,
MAP FILED IN BOOK 77 PAGE 69 RECORD OF SURVEYS, IN THE OFFICE
OF: THE COUNTY RECORDER ,OF SAID COUNTY.
EXCEPT ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS,
ALL,OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY
KIND AND CHARACTER~' WHETHER SIMILAR TO THESE HEREIN SPECIFIED
OR NOT, WITHIN OR UNDERLYING, OR WHICH MAY ,BE PRODUCED FROM
6942773 PAGE 2
"LT" LO"N ~L'cY - '.TO WIT.. n""ET 1...."OvE..ENT ..5"1:".....NT cOV"""Gll 0" C..LIFO"NI.. L..ND TITL" ..IIOCI"TIO" n"'''O'''''D COYEIt...GE ~LICY _ 1'''3
THAT PORTION OF THE HEREINBEFORE DESCRIBED LAND WHICH LIES'
BELOW A PLANE PARALLEL TO AND FIVE HUNDRED (500 FEET BELOW
THE PRESENT SURFACE OF SAID LAND, ,IT BEING EXPRESSLY ,UNDERSTOOD
AND AGREED THAT SAID SOUTHERN CALIFORNIA EDISON COMPANY
SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND,
OR TO USE SAID LAND OR ANY.PORTION THEREOF, TO SAID DEPTH
OF FIVE HUNORED (5001 :FEET, FOR ANY PURPOSE OF PROSPECTING, ,
FOR, DEVELOPING, AND/OR EXTRACTING SAID URANIUM, THORIUM
AND OTHER.FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, 'ASPHALTUM
AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND
MINERAL ORES. AS RESERVED BY THE CITY OF ARCADIA, A MUNICIPAL
CORPORATION, RECORDED AUGUST 31, 1970.
6942773 PAGE 3
( 5-69)
ALTA OR STANDARD COVERAGE
INDORSEMENT
AITACHED TO POLICY NO, 69 42 773
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of thc
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorse men Is therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This indorsement 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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Title Insurance and Trust Company
By
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SECRETARY
LOTS 16 TO 21 IN BLOCK 81 OF ARCADIA SANTA ANITA TRACT
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This is not a survey of the land but is compiled for information by the
Tifle Insurance and Trust Company from data shown by the ,official records.
CONDITIONS AND STIPULATIONS (Continued ond Concluded From Reverse Side of Policy Face)
Ihe Company In regard (0 the subject matter
of such action. proceeding or malter shall
cease lmd terminale; provided. howe...er.
that failure to notify shall in no case
prejudice the claim of any Insured unless
the COlllp~ny shall be actually prejudiced
by such fadure and then only to the extent
of such prejudice.
(c) The Company shall have rhe right
at its own COSI to institute and prosecute
any action or proceeding or do any OIher
act which in its opinion may be necessary
or desirable to establish the title of the
estate or interesr or the lien of the mort-
gage as insured; and rhe Company may
take ;tony appropriate aCtion under the term...
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 per-
mits or requires the Company to prosecure
or provide for the defense of any action
or prDceedin~. the Insured shall secure to
it the right [0 so prosecute or prOVide de.
fense in such action or proceeding. and all
appeals therein, and permit it to use. a[ It<;
optioo, the name of Ihe Insured for such
purpose. Whenever requested by the Com-
pany the Insured shall give the Company
all reasonable aid in any such action or
proceeding, in effeuing settlement. securing
evideoce, obtaining wilnesses. or prosecu-
ting or' defending such action or proceed-
ing. ~nd the Company shall reimburse rhe
Insured for any expense so incurred.
S. NOTICE OF lOSS - LIMITATION OF
AC:TION
In addition to the notices required under
paragraph 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 furnished to Ihe 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 after surh
statenlent shall have been furnished. and
no rccovery shall be had by the Insured
under this policy unless action shall be
commenced thereon within five year<; after
expirlltion of said thirry day period. Failule
to furnish such statement of loss or damage.
or to commence such action within the
time hereinbefore specified. shall be a con-
clusive bar against maintenance by the In-
sured of any aCtion under this policy.
6. O;TION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have the option to
payor settle or compromise for or in the
name of the Insured any claim insured
a8ain~t or to pay the full amount of this
policy, or, in case loss is claimed under thi..
policy by the owner of the indebtedne<;..
secured by a mortgage covered by this
policy. the Company shall have the option
to purchase said indebtedness; such pur-
chase, payment or tender of payment of
Ihe full amount of this policy. together
with 1111 (USIS, attorneys' fees and expenses
which the Company is obligated hereunder
to pat. shall termina~ all liability of the
Cnmpilny hereunder. In the event, alter
notice of claim has been given to the Com-
pany by the Insured. the Company offers
to purchase said indebtedness. the owner of
<;uch indebtedness shall transfer and a~sign
~aid indebtedness and the mortgage serurin,g
the same to the Company upon payment of
the purchase price
7. PAYMENT OF lOSS
(a) The liabililY of rhe Company under
this policy shall in no case exceed. in all:
the actual loss of the Insured and COSts and
.lttorneys' fees which the Company may bt-
obligated hereunder to pay.
(b) The Company will pay, in addition
to any loss Insured against by this policv.
.111 costs imposed upon the Insured in liti-
gation carried on by the Company for the
Insured. and all COSts and attorneys' fees in
litigation carried on by the Insured with
the written authorization of the Company.
(c) No claIm for damages shall arise or
be maintainable under this policy (I) if
the Company. after having received nolice
of an alleged defect, lien or encumbrance
not excepted or excluded herein remove...
.such defect, hen or encumhr.mce within a
reasonable rime after receipt of such notice.
or (2) for liability volunrarily assumed by
the Insured In settling any claim or suit
without written consent of the Company.
or (3) 10 the event the tide is rejected as
unmarketable because of a def<<t. hen or
encumbrance not excepted or excluded in
this policy. uOlil there has been a final
determination by a court of competent juri!'..
diction sustaining such rejeclion.
(d) All payments under this policy. ex-
cept payments made for COSts. atlornf.'r<;'
fees and expenses, shaH reduce the amount
of the insurance pro tanto and no payment
shall be made without producing this policy
for endorsement of ~uch payment unless
the policy be losl or destroyed. in which
case proof of such loss or destruction ..hall
be furnished to the satisfaction of the Com-
pany; provided. however. if the owner of
an indebtedness secured by a m(ln~a~e
shown in Schedule B is an In<;ured herein
then such payments shall not reduce pro
tanto the amount of the insurJnce afforded
hereunder as [Q such Insured. except to the
extent that such payments reduce the amount
of Ihe indebtedness securt'd by such mOr/.
gage. Payment in full by any person or
voluntary satisfaction or release by the In-
sllled of a mortgage ((lvereJ by this policy
shall terminate all liabiluy of the Company
ro the insured owner of the indebtedne<;s
seeured by such mortgage. except as pro.
vided in paragraph 2 hereof.
(e) When liability has been definitely
fixed in accordance with the conditions of
this policy the loss or damage shall be pa)'.
able within thirty days thereafter.
8. LIABilITY NONCUMULATIVE
It is expressly understood that the
amount of this policy is reduced by any
amount [he Company may pay under an}'
policy insuring rhe va]idlty or priority of
any mortgage shown or referred to in
Schedule B hereof or any mortgage here-
after executed by the Insured which is a
charge or lien on the estate or intere..t
described or referred to in Schedule A, and
the amount so paid shall be deemed a pay.
ment to the Insured under this poliCY. The
proviSIOns of this paragraph numhered 8
shall not apply to 3n Insured owner of an
indebtedness secured hy a mortgage shown
in Schedule B unless such Insured acquires
tille to said estate or interest in satisfaction
of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT OR
SEnLEMENT
Whenever the Company shall have serried
a daim under this policy. all right of sub-
rogation shall vest in the Company un-
affecred by any aet of the Insured. and it
shall be subrogated to and be entitled w
all rights aod remedies which rhe In..ured
would have had against any person or prop-
erty in resp<<t to such claim had this policy
not been issued If the payment does not
cover the loss of the Insured. the Company
..hall be subrogatt'd to such fights and
remedies in the proportion which said pay- .
ment hears to [he amount of <;aid lo..s. If
l()..~ shuuld re..ule flOm any aCt of the In.
sured. such an .'ohall not VOid this policy.
hut the Comp.tny. in that event. shall be
reqUIred to p.IY only that pJ.rt of any losses
insured against hereunder which shall ex.
ceed the .unount. if .toy. losl co the Com.
pany br reasun of the impalrOlenr of the
right of subrogation The Insured. if re-
quested by the Company, shall tr,\nsfer to
the Company ,III rights and remedie::.
a,gainst any person or property ne..essary in
order to perfeCt sUth right uf subrogation.
and shall permit rhe Company tn use the
name of the Insured in any Iransaction or
litigation involvin,g such right.. or reOll'dies.
If the Insured is the owner of the in.
debtedness secured by a mortgage covered
by this policy. such 100ured may release or
substitute Ihe personal liability of any
debtor or guarantor. or extend or otherwise.-
modify the terms of paymeor. or release
a portion of the estate or interest from the
lit'n of the mortgage. or release any col-
lateral serurity for the indebtedness. pro-
vided such act doe~ not rt'suh in anr 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 ]lJ....e or may bring
ap;aln<;t the Company ansln,!!; out of the:
..tat us of the lien of the mortp;ap;e covered
by this polity or the mle of the.- estlltc or
interest insured herein must be based on
tbe provisiom of this policy.
No. provision or conditIOn of this policy
(.'"n be waived or changed except by writing
endorsed hereon or attached hereto signc:d
by the President, a Vice President. the
Secretary. an Assistant Secret.uy or mher
validating officer of rhe Company.
11. NOTICES, WHERE SENT
All notices required to be given the Com-
pany and any statement in wruinl{ requirc:d
to be furnished the Cumpany shall be ad-
dressed to it .It the office which i.'osued this
policy or to its Home Office. 433 South
Spring Street, Los An};':e1es H. California.
12. THE PREMIUM SPECifiED tN SCHEDULE
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