HomeMy WebLinkAboutD-1088
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LAWLER, FELIX 6 HALL i
100 SU,U)AIlDOJLBU,lDINGI,
LOS ANGELES IS
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JAMES A. NICKLIN!.. ~!-TY A'l"l'ORNE!'
LAWLER, FELIX &: HJU.L.
800 standard 011 Bu1lding
Los Anples 15, Calit'omia
MAdison 7-5111
Attomeya tor Plaintift
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IN THE SUPERIOR COURT OP THE STATE OP CALIl'ORNIA
IN AND FOR THE COUNTY OP LOS ANGELES
(,
THE CI'l'lC OP ARCADIA, a munioipal
corporation,
No. N.E.C. C 68
Plaintitt,
PINAL ORDER OP
CONDEMNATION
vs.
CALIllORNIA BANK, a corporation,
etc., et al.,
Detendants.
Lawler, Pelix &: Hall by Leslie C. Tupper having l118de
proot to the aatis.taction ot this COurt that the 8UIU of money
heretofore round to be the total compensation proper to be paid
to all of the de.tendanta in the above-entitled action by Nason of
the tams ot that certain Interlocutory DecNe ot Condemnation
heretofore entered in J'IldBJ"""'\t Book ~ Pap rlOb on Novem-
ber 30 , 1960, haft been paid to said 4etendants or deposited
into court tor their benefitJ
NW, THEREPORE, IT IS HfWl.DY ORDERED ADJUDGED AND
DECREED I
That the real property described in paragraph IX ot the
complaint on tlle herein and here1na1'ter descrlbed, required .tor
a public use, be and the ... ls hereby condemned in tee to the
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LAWLER, FELIX a HAI-L ,
'00 STANDARO OIL 8Ull0ING\,
LOS ANGELES 15
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use of plaintlff. The Clty ot Arcadia. a IILInlc1pal corporatlon.
tor the conatl'tlCtion and. ma1ntenanoe ot public library grounds
and. appurtenances. and tor 8117 public use authorized by law.
'l'bat the real property herein condemned in tee tor the
atoreaa1d uae is descr1bed &II tollows:
'!'hat portion ot Lot 3 and Lot 4 of Tract No. 6074.
in the city ot Arcadia. ocnmty ot Loa Angele.~
state ot Calitom1a, u per \UP recorded in book
67 pap 83 ot Mape, in the ottloe ot the ccnmty
reoorder ot Baid countJ', deacr1bed as tollows:
Beg1nn1ng at the northeut comer ot said Lot 4;
thenoe southerly along the euterly Une ot aaid
lot. 120 teet, theaoe ...ter17 parallel nth the
northwesterly line ot Bald lot, 120 teet. thence
north parallel with the east line ot aa14 lot,
120 teet to Ba1c1 northwsterly line, thenoe north-
easterly along aa14 north..sterly line 120 teet
to the point ot beS1nn1ng.
EXCEl"l' theretrom the interest in those portions
ot said 18nd here1natter deacr1bed. eioh were
granted tor street and ~.., PUOPO". to the
City ot Arcadia, by dee4 recorded October 24, 1955
in book 49315 page 2l3~ Official Recorda, said
portions being deacribed in Bald deed as tollOWlS:
PARCEL 1: '!be northerly 12 teet. l118aaured at
r1pJ1t angles to the northerly lot line, ot the
easterly 120 teet ot lot 4 ot 'l'raot 6O'T4, Los
Angelea County, as per up recorded in book 67
page 83 ot Mapa, in the ottioe ot the ccnmty
recorder ot said county, and
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PARCEL 2: Beg1nn1ng at a point in the easterly
line of" lot 4 ot '1'nct 607~. Los ~les County.
as per up recorded in book 67 page 83 ot Maps,
in the ottice ot the countJ' recorder ot Bald
ccnmty, distant thereoa. 12.15 teet southerly
trcm the northeasterly comer ot aa1d lot 4,
thence southerly along aa1d easterly line 11. n
teet to a point ot tanpnoy with a cum concave
to the southeast ed haYinS a rad1uB ot 10 teet,
thence northwesterly along aa14 OU1'9'e 17.28 teet.
IIOre or le... to a point ot tangency with a line
parallel to and. l~ 12 teet distant troa the
northerly lot line ot .ald lot 4) thence .&IIterly
along n1d parallel line 11. n teet to the point
ot beg1nnins.
SubJect to an .....-nt <mar a portion ot 8aid property
a8 granted to Southem Calitom1a K41son Company, a corporation,
by deed recorded NOV8Iber 25. 1955 in book 49628; page 168 of"
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L:,r.1.l..::, PHI): tl HALL
'.00 ST:,IHI:'ilD OIL m.ILOI','
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JI'ficial l.ecordG in the ;Jffl.cc of said COlmt:r i\ecordey', and
Gubj<!ct to the 1J50-1):)1 Clt~' and Count~. ad valoreUl taxeD upv;,
the ai'orcsaid .nea.l property nnd all improveI:1Cnt3 thereon,
I)Crt::!.i.ninc; to the realty acquired hcreL'1 nnd lcvlc3 sub3cquent
t.11 c r~) t.~ .
l1ated:
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,TudL;c of the Superior Court.
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COUNTY OF LOS ANGELES
DEPART1--IENT OF AUDITOR.CONTROLLER
WILLIAM H. BARBOUR. JR
CHIEF DEPUTY
153 HALL OF ADMINISTRATION
LOS ANGELES 12, CALIFORNIA
MADISON 5.3611
J. R.PA$SARELLA.CHIEF
TAX DIVISION
ROSCOE HOLLINGER
AUDITOR_CONTROLLER
March 3, 1961
Attn: Nlcholas~ Bertrand
Tax Cancellations
Office of the City Attorney
City of Arcadia
240 West Huntington Drive
Arcadia, California
Attention:
Re:
James A. Nicklin
City Attorney
Property acquired from Harold C. and Phyllis
L. De~nce. Portions o? Lots 3 and 4, Tract
No. 6074. Instrument 'No. 4364, Book D-lOS9,
page'S46.-
Dear Sir:
~
Pursusnt to your lett~r of January 13, 1961 and
upon order of the Honorable Board of Supervisors dated
February 14.
Section 4986
1961
taxes were cancelled, according tc
of the Revenue and Taxation Code by our
Authorization No. SOl64.
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Very truly yours,
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ROSCOE HOLLINGER, AUDITOR-CONTROLLER
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By rl\.. h-4-~- .,-_J.J~......
J. R. Passarella, Chief
Tax Division
JRP:NJB:effi
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COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER
153 HALL OF ADMINISTRATION
L.OS ANGELES 12. CALIFORNIA
MADISON 5.3611 ,
WIL.LIAM H. BARBOUR. JR.
CHIEF DEPUTY
February 14, 1961
J. R. PASSARELLA.. CHIEF
j)~?
Attn: Nicholas Bertrand
Tax Cancellations
ROSCOE HOLLINGER
AUDITOR.CONTROLLER
City of Arcadia
240 W. Huntington Drive
Arcadia, California
Attention: James A. Nicklin
City Attorney
Re: Instrument No. 4364
~pc"Ly ~~~ed' from
~aco Inc._~
JJ- I 03'9
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Dear Sir:
Pursuant to your letter of December 22, 1960 and
upon order of the Honorable Board of Supervisors dated
January 31, 1961
~axes were cancelled, according tc
Section 4986 of the Revenue and Taxation Code
Authorization No. 49987.
by our
'\
Very truly yours,
ROSCOE HOLLINGER, AUDITOR-CONTROLLER
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By 1>iA.. /~..:i-4A_ LL_I.J'<......
J. R. Passarella, Chief
Tax Division
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TO 1012 f C
California Land nt!. Anoclotlon
Standard Covetag. rolley form
Copyrllilhl1961
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 ftir this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the parties named as Ins ured in Schedule A, the heirs, devisees, personal repre~
senratives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against
loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and ex~
penses which the Company may become obligated to pay as provided in the Conditions and Stipulations
hereof, which the Ins.:red shall sustain by reason of:
1. Any defea in or lien or encumbrance on the tide 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 tide; 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 Scb;edule B in the order of it! priority;
all subject, however~~ t8- th~ ~~di,tio~ and Stipulations hereto annexed, which Conditions and Stipulations,
together with &hedUJes A; B.and C; are hereby made a part of this policy.
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.'- .';' ",.'''.;'In WimeJj':.Whereoj, Title Insurance and Trust Company has caused its
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, '" ,- corporate'name and seal to be hereunto affixed by its duly authorized officers
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Title Insurance and Trust Company
by
<;{~~~t', ::IDENT
Attest
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. ~. SECRETARY
CONDITIONS AND STIPULATIONS
(Includes those In the American Title Assoclotion-Owner's Policy-Standard Form 8-19601
I. . DEfiNITION OF TERMS
The following terms when used in this
policy mean:
(a): "land"; the land described, specific-
ally or by reference, in Schedule C and
improvements a.Bi:.z:ed thereto which by law;
constitute real property;
(b) "public records"; those recoids
which i~part constructive notice of matters
relaring '0 said land;
(c) "knowledge"; actual knowledge,
not coostructive knowledge or notice which
may be imputed to the Insured by reason of
any public records;
(d) "da'e"; the dfe<;tive date;
(e) "mortgage": mortgage, deed of
trust, trust deed, or other security instrue
ment; and
(f)' "insured"; Ibe party or patties
herein designated as Insured, and if the
owner of the indebtedness secured by a
mortgage shown in Schedule B is named as
an Insured in Schedule A, Ibe Insured sha11
include (11) each successor in interest in
ownership of such indebtedness, (2)' any
such owner who acquires the estate or in-
teIest referred to in this policy by fore-
closure, trustee's sale, or other legal man.
ner in satisfaction of said indebtedness, and
(3) any federal agency or instrumentality
which is an insurer or guarantor under an
insurance contract or guaranty insuring or
guaranteeing said indebtedness, or any part
thereof, whether named as an insured herein
or not.
2. BENEFITS AFTER ACQUISITION OF TITLE
If an insured owner of the indebtedness
secured by a mortgage described in Sched-
ule B acquires said estate or interest, or any
part thereof, by foreclosure, trustee's sale,
or other legal manner in satisfaction of said
indebtedness, or any part thereof, or if a
federal agency or instrumentality a.cquires
said estate or interest, or any part thereof,
as a consequence of an insurance contract or
guaranty insuring or guaranteeing the in-
debtedness secured by a mortgage covered
by this policy, or any part thereof, this
policy shall continue in force in favor of
such Insured, agency or instrumentality,
subject to all of the conditions and stipulae
tions hereof.
3, EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This policy does not insure against Joss
or damage by reason of the following:
(a) Any Jaw, ordinance or governmental
r.egulation (including but not limited to
building and ioning ordinances) resuicting
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 ereered on
said land, or prohibiting a separation in
ownership or a reduction in the dimensions
or area of any Jot or parcel of land.
(b) Governmeotal rights of police
power or eminent domain unless notice of
judicial action to exercise such rights ap-
pears in the public records at the date
hereof.
(c) Title 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
such land abuts, or the right to maintain
therein vaults, tunnels, ramps or any other
structure or improvement; or any rights or
easements therein unless this policy spe.-
cifically provides that such property, rights
or easements are insured, except that if the
land abuts upon one or more physically open
streets or highways this policy insures Ibe
ordinary rights of abutting owners for access
to one of such streets or highways, unless
otherwise excepted or excluded herein.
(d) Defects, liens, encumbrances, ad-
verse claims against the tide as insured or
other matters C! 1) created, suffered, assumed
or agreed to by the Insured; or (,2) known
to the Insured either at the date of this
policy or a.t the date such Insured acquired.
an estate or interest insured by this policy
and not shown by the public records, unless
disclosure thereof in writing by the Insured
shall have been made to the Company prior
to the date of this policy; 0' ~ 3) ,esulring
in no loss to the Insured; or (4) attaching
or created subsequent to the date hereof.
(e) Loss or damage which would not
have been sustained if the Insured were a.
purchaser or 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 (1) 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 indebted-
ness secured by a mortgage 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 encumbrance insured
against by this policy, and may pursue any
litigation to final determination in the court
of last resort.
(b) In case any such action or proceed-
ing 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 interest
or lien of the mongage as insured, or which
might cause loss or damage for which the
Company shall or may be liable by virtue of
this policy, or if the Insured shall in good
faith contract to sell the indebtedness se-
cured by a mortgage covered by this policy,
or, if an Insured .in' .good faith leases or
contracts to se1l5Ieise~or' ~n8a8idh6 same,
or jf the successful biader~at a foreclosure
sale under a mortgage covered by this policy
refuses to purchase and in any such event
the tide to said estate or interest is rejected
as unmarketable, the Insured shall notify the
Company thereof in writing. If such notice
sball 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 ootify the Company of any defect,
lien or encumbrance insured against which
shall come to the knowledge of the Insured,
or if the Insured shall not, in writing,
promptly notify the Company' of any such
rejection by reason of claimed unmarkete
ability of title, then all liability of the Com-
pany in regard to the subject matter of such
action, proceeding or matter shall cease and
terminate; provided, however, that failure to
notify shall in no case prejudice the clairg
of any Insured unless the Company shall be
actually prejudiced by such failure and then
only to the extent of such prejudice.
(c) The Company sha11 have Ibe 'ight
at its own cost to instirute and prosecute
any action or proceeding or do any other
aa which in its opinion may be necessary or
desirable to establish the title of the estate
or interest or the lien of the mortgage as
insured; and the Company may take any
appropriate action under the terms of this
policy whether or not it shall be liable there-
under 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 prosecute
or provide for the defense of any aaion or
proceeding, the Insured shall secure to it the
right to so prosecute or provide defense in
such action or proceeding, o.nd all appeals
therein, and permit it to use, at its option,
the name of the Insured for such purpose.
Whenever requested by the Company the
Insured shall give the Company all assist-
ance in any such action or proceeding, in
effecting settlement, securing evidence, ob-
taining witnesses, or prosecuting or defend-
ing such action or proceeding, and the C01Do
pany shall reimburse the Insured for any
expense so incurred.
5. NOTICE OF LOSS - LIMITATION OF
ACTION
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 the Company within
sixty days after such Joss or damage shall
have been determined and no right of action
shall accrue to the Insured under this policy
until thirty days- after such statement shall
. have been furnished,. and no recovery. shall
be had by the Insured under this policy
unless action shaH be commenced thereon
within five years after expiration of said
thirty day period. Failure to furnish such
statement of loss or damage, or to com-
mence such action within the time hereine
before specified, shall be a conclusive bat
against maintenance by the Insured of any
action under.this"Policy.' "
(Conditions and Stipulations Continued. and Concluded .on Last Poge of This Policy)
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TO 1012 AB C
California Land Title AssocIation
Standard Coverage Policy form
Copyright 1961
SCHEDULE A
Premium $/03. oCJ
Amount $ 45,000.00
Effective
Date December 20, 1960, at 7 a. m.
Policy No. 5313293
INSURED
CITY OF ARCADIA, a municipal corporation.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF ARCADIA, a municipal corporation.
2. The estate or interest in the land described or referred to ill Schedule 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 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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which A
correct survey would disclose, and which are not 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.
rj~
TO 10128 Cont. C
Collfornio land Title Anodatlon
Standard Coverage Policy Form
Copyright 1961
S C H E D U L E B - (Continued)
PART II
.
1. General and special county and city taxes for the
fiscal year 1960-1961, (Parcel No. 5782-2-2) amount
$890.67. First installment $445.34, plus penalty of
$26.72.
2. An easement for poles and incidental purposes over
a strip of land 10 feet wide, the center line of which
is described as follows:
Beginning at a point in the northerly line of said land
distant westerly 13 feet from the easterly line of said
land; thence southeasterly to a point in said easterly
line, distant northerly 36 feet from the southerly line
of said land, as granted to Southern California Edison
Company, a corporation, by deed recorded November 25,
1955 in book 49628 page 168, Official Records.
.
,
TO I012C-10!i6C C
Amarlcon Tille Association loon Policy
Addltlonol COV8l'"os--october. 1960
"
California land Title Association
Standard Coyeroge Policy-1961
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 portions of lots 3 and 4 of Tract No. 6074, \in the
city of Arcadia, county of Los Angeles, state of California,
as per map recorded in book 67 page 83 of Maps, in the
office of the county recorder of said county, described as
a whole as follows:
Beginning at the northeast corner of said lot 4; thence
southerly along the easterly line of said lot, 120 feet;
thence westerly parallel with the northwesterly line of
said lot, 120 feet; thence north parallel with the east
line of said lot, 120 feet to said northwesterly line;
thence northeasterly along said northwesterly line 120
feet to the point of beginning.
EXCEPT therefrom the interest in those portions of said
land hereinafter described, which were granted for street
and highway purposes to City of Arcadia, by deed recorded
October 24, 1955 in book 49315 page 213, Official Records,
said portions being described in said deed as follows:
PARCEL 1: The northerly 12 feet, measured at right angles
to the northerly lot line, of the easterly 120 feet of lot
4 of Tract No. 6074, Los Angeles County, as per map
recorded in book 67 page 83 of Maps, in 'the office of the
county recorder of said county, and
PARCEL 2: Beginning at a point in the easterly line of
lot 4 of Tract No. 6074, Los Angeles County, as per map
recorded in book 67 page '83 of Maps, in the office of
the county recorder of said county, distant thereon 12.15
feet southerly from the northeasterly corner of said lot
4; thence southerly along said easterly line 11.71 feet
to a point of tangency with a curve concave to the south-
east and having a radius of 10 feet; thence northwesterly
along said curve 17.28 feet, more or less, to a point of
tangency with a line parallel to and lying l2 feet'distant
from the northerly lot line of said lot 4; thence easterly
along said parallel line 11.71 feet to the point of
beginning.
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WEST
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TRACT Nl2 6074
THIS IS NOT A SURVEY OF THE lAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS.
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CONDITIONS AND STIPULATIONS (Continued ond Concluded From Reverse Side of Policy Foce)
6. OPTION TO PAY, SrnLE OR COMPRO-
MISE CLAIMS
, The Company shaH have the option to
payor setde or compromise for Ot in the
name of the Insured any claim insured
against or to pay the full amount of this
policy, or, in case loss is claimed under this
policy by the owner of the indebtedness
secured by a mortgage covered by this
policy, the Company shall have the option
to purchase said indebtedness; such pur~
chase, payment or tender of payment of the
full amount of this policy, together with all
costs, attorneys' fees and expenses which the
Company is obligated hereunder to pay,
shall terminate all liability of the Company
hereunder. In the event, after notice of
claim has been given to the Company by
the Insured, the Company offers to purchase
said indebtedness, the owner of such in-
debtedness shall transfer and assign said
indebtedness and the mortgage securing the
same to the Company upon payment of the
purchase price.
.
7. PAYMENT OF LOSS
(a) The liability of the Company under
this policy shall in no case exceed, in all,
the actual loss of the Insured and costs and
attorneys' fees which the Company may be
obligated hereunder to pay.
(h) The Company will pay, in addirion
to any loss insured against by this policy,
all costs iml>osed upon the Insu.red. in litiga-
tion carried on by the Company for the In-
sured, 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 (1) if
the Company, after having received notice
of an alleged defect, lien or encumbrance
not except~d or excluded herein removes
such defect, lien or encumbrance within a
reasonable time after receipt of such notice,
or (2) for liability voluntarily assumed by
the Insured. in settling any claim' or suit
without written consent of the Company,
or (3) in the event the title is rejected as
urunarketable because of a defect, lien or
encumbrance not excepted or excluded in
this policy, until there has been a tina1 de--
termination by a Court of competent juris-
diction sustaining such rejection.
(d) AU payments under this policy, ex-
cept payments made for costs, attorneys'
fees and expenses, shall reduce the amount
of the insurance pro tanto and no payment
shall be made without producing this policy
for 'endorsement of such payment unless the
policy be lost or destroyed, in which case
proof of s\.1ch loss or destruction shall be
furnished to the satisfaction of the Com-
pany; provided, however, if the owner of
an indebtedness secured by a mortgage
shown in Schedule B is an Insured herein
then such payments shall not reduce pro
tanto the amount of the insurance afforded
hereunaer l\s to such Insured, except to the
extent that $uch payments reduce the amount
of the: indebtedness secured by such mort-
gage. Payment in full by any person or
voluntary sadsfaction or release by the In-
sured of a mortgage covered by this policy
shall terminate all liability of the Company
to the insured owner of the indebtedness
secured by such mortgage, except as pro-
vided in paragraph 2 hereof.
(e) When liability bas been definitely
fixed in accordance with the conditions of
this policy the loss or damage shall be pay-
able within thirty days thereafter.
8. LIABILITY NONCUMULATIVE
It is expressly understood that the
amount of this policy is reduced by any
amount the Company may pay under any
policy insuring the validity or priority of
any mortgage shown or referred to in
Schedule B hereof or any mortgage here--
after executed by the Insured which is a
charge or lien on the estate or intetest de-
scribed or referred to in Schedule A. The
provisions of this paragraph numbered 8
shall nOt apply to an Insured owner of an
indebtedness secured by a mortgage shown
in Schedule B unless such Insured acquires
title to said estate or interest in satisfac-
tion of said indebtedness or any part thereof.
9. COINSURANCE AND APPORTIONMENT
(a) In the event that a partial loss oc-
curs after an alteration or improvement sub-
sequent to the date of this policy, and only
in that event, the Insured become$ a co-
insurer to the extent hereinafter set forth.
If the cost of the alteration or improve--
ment exceeds twenty per centum of the
amount of this policy, such proportion only
of any partial loss established shall be borne
by the Company as one hundred twenty per
centum of the amount of this policy bears
to the sum of the amount of this policy and
the amount expended for the alteration or
improvement. The foregoing provisions
shall not apply to costs and attorneys' fees
incurred by the Company in prosecudng or
providing for the defense of actions or
proceedings in behalf of the Insured pur-
suant to the terms of this policy or to costs
imposed on the Insured in such actions or
proceedings, and shall not apply to losses
which do not exceed, in the aggregate, an
amount equal to one per centum of the
face amount of this policy.
Provided, however, that the foregoing
coinsurance provisions shall not apply to
any loss if, at the time of the occurrence
of such loss, the then value of the premises,
as so improved, does not exceed the amount
of this policy, and provided further that
the foregoing coinsurance provisions shall
not apply to an insured owner of an in-
debtedness secured by a mortgage shown in
. Schedule B prior to acquisition of title to
said estate or interest in satisfaction of said
.indebtedness or any part thereof.
", (b) If the larid described or ~eferred to
in Schedule C.is divisible into separate and
noncontiguous' parcels, or if contiguous
and such parcels are not used as one single
site, and a loss is established affecting one
or more of said parcels but not all, the loss
shall be computed and settled on a pro rata
basis as if the face amount of the policy
was divided pro rata as to the value on the
date of this policy of each separate inde--
pendem parcel to the whole, exclusive of
any improve!llems made subsequent to the
date of this policy, unless a liability or
value has otherwise been agreed upon as
to etlcb such parcel by the. Company and the
Insured at the time of the issuance of this
policy and shown by an express statement
herein or by an endorsement attached hereto.
10. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have set-
tled a claim under this policy, all tight of
subrogation shall vest in the Company un-
affected by any act of the Insured, and it
shall be subrogated to and be entitled. to
all rights and remedies which the Insured
would have had against any person or prop.
erry in respect to such claim had this policy
not been issued. If the payment does not
cover the loss of the Insured, the Company
shall be subrogated to such rights and reme--
dies in the proportion which said t>ayment
bears to the amount of said loss. If loss
should resulc from any aCt of the Insured,
such aCt shall not void this policy, but the
Company, in that event, shall be required to
pay only that part of any losses insured
against hereunder which shall exceed the
amount, if any, lost to the Company by
reason of the impairment of the right of
subrogation. The Insured, if requested by
the Company, shall transfer to the Company
all rights and remedies against any person
or property necessary in order to perfect
such right of subrogation, and shall per-
mit the Company to use the name of the
Insured in any transaction or litigation in-
volving such rights or remedies.
If the Insured is the owner of the in-
debtedness secured by a mortgage covered
by this policy, such Insured may- release or
substitute the personal liability of any
debtor or guarantor, or extend or otherwise
modify the terms of payment, or release a
portion of the estate or interest from the
lien of the mortgage, or release any col~
lateral security for the indebtedness, pro.
vided such act does not result in any loss
of priority of the lien of the mortgage.
11. POLICY ENTIRE CONTRACT
Any action or actions or rights of action
that the Insured may have or may bring
against the Company arising oue of the
status of the lien of the mortgage covered
by this policy or the title of the estate or
interest insured herein must be based on
the provisions of this policy.
No provision or condition of [his policy
can be waived or changed except by writing
endorsed hereon or attached hereto signed
by the President, a Vice President, the Sec-
retary, an Assistant Secretary or other vali-
dating officer of the Company.
12. NOTICES, WHERE SENT
All notices required to be given the
Company and any statement in writing re--
qui red to be furnished the Company shall
be addressed to it at the office which issued
this policy or to its Home Office, 433 South
Spring Street, Los Angeles 54, California.
13. THE PREMIUM SPECIFIED IN SCHEDULE
A IS THE ENTIRE CHARGE FOR TInE
SEARCH, TITLE EXAMINATION AND TITLE
. INSURANCE.
POLICY
OF
TITLE
INSURANCE
Offering complete title services throughout the state
of California with ;ust one local call.
Complete title services also available in the states
of A.laska. Nevada, Oregon and Washington through
subsidiary Companies.
"
Title Insurance
and
Trust Company
Home Office
433 South Spring Street
Los Angeles 54, California
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