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HomeMy WebLinkAboutD-1663 1 . I I .. ~.~. . CERTIFICATE OF ACCEPTANCE 8 K 040 14 P G 665 .' This is to certify that the interest in real property conveyed or transferred to the City of Arcad'ia, a municipal corporation, by the deed, grant, conveyance or instrument dated April 10, 1968 , from or executed by Elsie M, Crain , 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 ~'~::~~/ ~7/. ~ / City Manage City Engineer The d cument thus described is hereby approved as to form. ~~9~ ~ey l\:l ~ C.t:) " ~~: CITY OF ARCADIA 299 - . -. . - __ I 0- )((3 AND WHEr.,. RECORDED MArL TO RECORDED IN OFFICIAL REGORDS OF LOS ANGELES COUNTY, CALlF. FOR TITLE INSURANCE eo TRUST CO. MAY 28 1968 AT 8 A,M, RAY E. LEE, County Recorder i / I Name City Clerk Slreef P.O. Box 60 Addreu City & Arcadia, Calif. Slale L MAil TAX STATEMENTS TO I Name City of Arcadia Streel Addreu City & SlaleL ,~ ~ ~ SPACE ABOVE THIS LINE FOR RECORDT':;; "eF fR~7 R I Grant Deed , AFFIX I.R,S, $.. / - (,.,.:::, ~ FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY The City of Arcadia SEE Gov't Code 6103 . .... ABOVE TO 405 C (4.67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ELSIE M. CRAIN hereby GRANT(S) 10 the CITY OF ARCADIA, a Municipal Corporation, in fee for public street and road purposes, to become a part of and to be known as Baldwin Avenue, in, on, upon and across the following described real property in the City of Arcadia, County of Los Angeles , State of California: That portion of the north half of Lot 385 of Tract No. 6561, in_the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 72, Pages 34 and " . )5 _ of Maps, in the office _?f the County Recor~er._of s~id. CCUfit,Y, i!:clud!,-::' within If'lE following-, cea,:rib.ed linc.s: " Beginning at the southeast corner of Lot 383 of said Tract; thence westerly along the southerly line of said Lot 383 to the beginning of a tangent curve, concave northwesterly having a radius of 15.00 feet, said curve being tangent northerly to the westerly line of the easterly 15.5 feet of said Lot 383; thence northeasterly along said curve to said westerly line; thence northerly along said westerly line a distance of 177.5 feet; thence northerly in a direct line to the point of intersection of'the westerly line of the east- erly 12.00 feet of Lot 386 of said Tract with a line drawn at right angles through a point in the northerly prolongation of the westerly line of said easterly 15.5 feet of said Lot 383 and distant northerly along said line and prolongation 300.00 feet from the northerly terminus of said curve; thence northerly along the westerly line of said easterly 12.00 feet to the northerly line of said Lot 386; thence easterly along said northerly line to the easterly line of said Lot 386; thence southerly along the easterly line of said Lots 386, 385, 384 and 383 to the point of beginning. ~ /, >- co Li != ,. '-- THiS tEC:SSARY IN :CffA1N OF TITLE ~ o j:':; u. c.: U to w a Dated o,A J-r/vf / 0 /9' h b'/ {L/~ ~Er e YCL-e'~U s~e M. ra~ STATE OF C. ALIFORNIA }ss COUNTY OF LOS ANGELES ' On ~A; .e /6 I ? t, Y belme me, tbe undc<- signed, a tary Public in)and for said State, personally appeared ElSie M. Crain t-..: C,t; CJ: to he the person_whose oamp instrument a:tJ.d acknowledged that is she known to me subscribed to the within executed the same. ~(~~ .:[ ~~.~ ! - 1- ...,.:, CD -...I~ OFFICIAL S~;;iL ""'1 ~~~~~tl~'~Q'~~ ~~,E,~~~.~D ~ lTlI'l'l\.n;'c,"" ",",,, I,~~.l ,,,,,-I ....ffi";,,J ~"<l1 ~~. :,\ ' . GRANT DEE)) Title Insurance and Trust Company / COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL ,/ , , .. J " - " , I I "0 c A. GRANT DEED Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL ,- .' . -"-'':\. -~,. :.& ',: ". I : , . < , MARK H. BLOODGOOD AUDITOR.CONTROLLER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 625.:3611 February 21, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California '1 Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel No. 112 Elsie M. Crain - Grantor Gentlemen: Pursuant to your letter dated June 24, 1968, /V-__ ROBERT A. GILl.. CHIEF DEPUTY J R. PASSARELLA, CHIEF. TAX DIY1SJON RECEiVED FEB 27 1969 CITY OF ARCADIA , CITY !\TfORNSY 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 October 29, 1968 by Authorization No. 06312. Very truly yours, BLOODGOOD, Auditor-Controller ~. By J. R. Passarella, Chief Tax Di.vision JRP!EMP/tc CITY COUNCIL DON W. HAGE MAYOR City of Arcadia C. ROBERT ARTH MAYOR PRO TEM EDWARD L BUTTERWORTH ROBERT J. CONSIDINE JAMES R. HELMS. JR. -I 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H. COZAD CITY MANAGER CHRISTINE VAN MAANEN CITY CLERK June 24, 1968 Mr. 500 Los John R. Passarella, West Temple Street, Angeles, California Auditor-Controller Room 153 90012 Attention: Eleanor Parker, Tax Cancellation Section Subject: Request for Cancellation of Taxes Baldwin Avenue' Parcel No. 112 Dear Mr. Passarella: Please cancel as of the date of recording all taxes on the property described in the enclosed copy of deed. This prop- erty is part of a larger parcel acquired for street widening purposes. There is no building on it. Very truly yours, RDO: jh Ene. ~ MAILING ADDRESSES CITY HALL P. O. BOX 60 91006 LIBRARY 20 W. DUARTE ROAD 91006 POLlCE DEPARTMENT P. O. BOX 60 91006 FIRE DEPARTMENT 710 $, SANTA ANITA AVE. 91006 TELEPHONES 446-4471 . 681-0276 446-7111 447.2121 446-2126 TO 1012-1 F C (10-67) California land Title Association Standard Coverage Policy Form Copyright 1963 t893 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 srated in Schedule A, together with COSts, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: L Any defect in or lien or encumbrance on the titlc: to the estate or interest covered hereby in the land described or referred to in Schedule C, txisting 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 title; or .~. Any defect in the executiun of any mortgage shown in Schedule B securing an indebtedness, the owner of whith 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 intertst referred to in this poiicy; or 4. Priority over ~aid mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedul~ B, or excluded from coverage in the Cunditions and Stipulations, said m"ortgage being shown in Schedule B in the order of its priority; all subject, however~tO't~'))~~i5ions of Schedules A, Band C and to the Conditions and Stipulations hereto annexe\!~~CE AND 1"Ai;~\\l1 ~ ~r 000000 v,s "11 :iT '" ooOO~t. IS PF/~~Oo r ili P' I:.) o~ H ~o <") 'h f j:t ~ oo~ li'~{l"f,~REJl!2I}Wi~liess~. ereo , Title Insurance and Trust Company has caused ItS :; ;;; <f f! *'1- ~co'rp'J'rat~~gam~'a~,id seal to be hereunto affixed by Its duly authorized officcr~ ?; ...J gc::-:~,z;:{,Joii the "dat,,,~h~n~i'n Schedule A. ~ to- 0 I.M ~.,,,,,-~,, ...~~u y "..1 r, 0--' ,,~.< .~~ 0 Z ~ ~ i= ~ >~~-~.~. ~~:;\k'~i __ g "<( ~ ~ O/-':I,~1<f..~",I.t...~"'.:Qg % ~ {t 001-", - dj,;;-_ IJ""&--" ~tyo *:; " <' 0 ~ -' -- t-~ 00 ~ '1 <> 00~~-4 rE IS G~oOo ~ '.:-. /1\ ;s- -4 000000 ~'V-v 3' 1\\\,iVGELES,/ ~\\\.,'"'"'....~ Title Insurance and Trust Company by ~~~6," -~~SIDENT AlteJt GW If-~ SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land"; the land described, specific- ally or by rderence, in Schedule C and improvements affixed. thereto which by law constitute real properry; (b) "public records": those records which impart constructive notice of matters relating to said land; (e) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed co the Insured by reason of any public records; (d) "date": the effective date; (e) "mortgage": mortgage, deed of trust, tcust deed, or other se<:urity instrument; and (f) "insured": the party or parries 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- trace or guaranty insuring or guaranteeing said indehtedness, 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 mortgage described in Sched- ule B acquires said estate or interese, or .\ny part thereof, by foreclosure, trustee's sale, or oeher 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- ing the indebtedness 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 stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not '!nsure againse loss or damage by reasons of the following: (a) Any law, ordinance or governmental regulation (including but not limited to huilding and zoning ordinances) 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 hereafcer 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 ('xercise of such rights appears 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 streees, 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 specific- ally provides chat such property, rights or easements are insured, except that if the land abuts upon on(' Of more physically open Streets or highways this policy insures che ordinary rights of abu[fin~ owners for access to one of such scrccrs or highways. unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances. adverse claims againsc rhe ritle as insured or other mattt:tS (1) created, suffered, a%umed m agreed to by the Insured claiming loss or damage; or (2) known [Q 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 publ ic records. unless disclosure thereof in writing by the Insured shall have been made tll che Com- pany prior to the date of this policy; or (3) resulting in no loss to the Insured Claim- ant; 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 (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 escate 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 in- sured against by this policy, and may pur- sue any litigation to final determination in rhe 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 estare or in- terest or lien of the mortgage 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 in- debtedness secured by a mortgage 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 sale under a mort- gage covered by [his policy 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 notice 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 Company of any de- fect. lien or encumbrance insured a.':ainst which shall come to che knowledge of the Insured. or if tbe Insured shall om, in writing. promptly notify the Company of any such rejection by reason of claimed un- marketability of title. then all liability of rhe Company in regard to che subject matter of such action, proceediog or matter shall Cease and cerminate; provided, hDwever, that failure to notify shall in nO case prejudice the claim of any Insured unless the Comp,lOY shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have Ihe right at its own case to institute and prosecute any action or proceeding or do any orher act which in its opinion may be necessary or desirahle to establish the title of the (-state or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms 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 prosecute or provide for the defense of any action or proceeding, 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, at its option, the name of the 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 effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting or" defending such action or proceed- ing, and the Company 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 daimed the Company is liable under this policy shaU be furnished to rhe 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 such statement shall have been furnished, and no recovery shall be had by che Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure 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. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to payor st:trJe or compromise for or 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 rhe 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, paymenr or tender of payment of (Conditions and Stipulotions Continued and Concluded on Lost Page of This Policy) H!t; TO 1012-1 AS C CalifornIa land Title Msodaflon Standard Coverage Policy-1963 SCHEDULE A Premium $" G ,'::'C Amount $ 2, 000 .00 Effective Date May 28, 1968 at 8:00 a.m. Policy No. 678n67 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 in 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 whic}:L are not shown as existing liens by the records of any taxing authority thot 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. BD TO 1012-18 ConI. C Colifornia Land Title Association Sfandord Cover<:Jga Poflcy-1963 S C H E D U L E B - (Continued) PART II 1. General and special county and city taxes for the fiscal year 1968-1969, a lien not yet payable. General and special for the fiscal year Second Installment county and city taxes 1967 -1968, : $200.59 parcel No. penalty of $12.03 of $3.00 8587-34-6, plus plus advertising cost 2. Covenants, restrictions Executed by conditions and restrictions in the declaration of Recorded Which provide that render invalid the good faith and for Security Trust & Savings Bank (now Securitr First National Bank of Los Angeles) in book 2679 page 48, Official Records a violation thereof shall not defeat or lien of any mortgage or deed of trust,;'made in value. Case No. Nature of Action Affects Superior Court March 22, 1968 City of Arcadia, a municipal corporation vs. Elizabeth Rowse Wilson" et aI, 929015, Los Angeles County to condemn the fee simple parcel 112 3. An action in the Commenced Entitled Notice of the pendency of said action was Recorded March 22, 1968 in book M2807; page 805, Official Records, as instrument No. 3066 4. The following provision of the deed from Elsie M. Crain to The City of Arcadia, a municipal corporation, recorded May '28,1968: "Grants to the City of Arcadia, a municipal corporation, in fee for public street and road purr.oses, to become a part of and to be known as Baldwin Avenue. I , TO I012-1-1Q56-1C C Amerkan land Title Association loan Policy Additional Coveroge-1962 0' California _Land Title Association Standard Coverago Policy-1963 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: . That portion of the north half of lot 385 of Tract No. 6561, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 72 pages 34 and 35 of Maps, in the office of the county recorder of said county, included within the following described lines: ./' Beginning at the southeast corner of lot 383 of said Tract; thence westerly along the southerly line of saidlot 383 to the beginning of a tangent curve, concave northwesterly having a radius of 15.00 feet, said curve being tangent northerly to the westerly line of the easterly 15.5 feet of said lot 383; thenpe northeasterly along said curve to said westerly line; thence northerly along said west- erly line a distance of 177.5 feet; thence northerly in a direct line to the point of intersection of the westerly ,line of.the easterly 12.00 feet of lot 386 of said Tract with a line .drawn . at right angles through a point in the northerly prolongation of the westerly line of said easterly 15.5 feet of said lot 383 and distant northerly along said line and prolongation 300.00 feet from the northerly terminus of said curve; thence northerly along the westerly line of said easterly 12.00' (eet to the northerly line of said 386; thence easterly along said northerly line to the easterly line of said 'lot 38~i thence southerly along' the easterly line of said lots 386,385,3t1l1- and 383-to the. point of beginning. '. -' . TC 2.32 C LOTS 383 TO 386 OF TRACT :10. 6561 \ Il~\~ '-R- " . :u.--j L, ~ /:J.-~- \ - \:\ 7'- 'I . I I ~ ! I' l ; U ~\I > [ ~_-~I --3P ;" ~1 I I-~ --J\~ ~/ -~ c:-}-~-z / J1>.o '__-J-&6- ~\ ~ ~ ~9 .J> <p' Cll. /. I '>b"'~ ~ ~ 190 \ '" :..l ~ I!l @ Ji, ~ I$.~-I ~.:<~ ~~ ... ~\~~<s;/ tl!j ~ ~~------~-~ ~~t.. /" r\] i~~i'il.-~~""'~(S!' \-~~ bO -- ;.,;.;;-~ @rn1~' }1'~ ~ IS> R=/S 'i\ " LJ ( a' tiU(i?~ ~\;0\1'~' ~~'\t&> .. ~1y)~ <~ /1 , I I I ( I \ \ :t-. 196,(165 j>..vS' ~ ( \..\,,~ op..t<. @ 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) ..' . ~ lhe full amount of this policy, together \\'ilh all costs, attorneys' fl:es and expenses which the Company is obligated hereunder tll pay, shall terminate all liability of the Company hereunder. In the event, after no(icc of claim has been given co the Com- paf1y by the Insured, the Company offers to purchase 5.3id indebtedness, the owner of su<:h indebtedness shall transfer and assign said indebtedness and the mortgage securing tht.- same to the Company upon payment of th~ purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in aI!, tht: accual loss of the Insured and COSts and ~\ttorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, ;1.11 costs imposed upon the Insured in liti- gation carried on by the Company for the Imured, and all costs and attorneys' fees in litigation carried on by the Insured with thl'.." 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 excepted 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 urlmarketable because lif a defect lien or encumbrance noc excepted or exc'luded in this policy, uneil there has been a final determination by a coun of competent juris- diction sustaining such n:jenion. (d) All payments under this policy, ex- cept payments made for costS, atrorneys' fees and expenses, shall reduce [he 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 such loss or destruction shall be furnished to the satisfaction of rhe Com- prlOY; provided, however, if thl': owner of an indebtedness secured by a mongage shown in Schedule B is an Insured herein thcn such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mon- gage. Payment in full by any person or voluntary satisfaction or rdease 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 has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thi~ty days thereafter. B. 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 t<l in Schedule B hereof or any mongage here- after executed by the Insured which is a charge or lien on the estate or interest 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 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 satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SEnLEMENT Whenever the Company shall have settled a claim under this policy, all right of sub- rogation 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. erty in respect co such claim had this policy not been issued. If the payment does not cover the loss of rhe Insured, the Company shall be subrogated to such fig hIS and remedies in the proportion which said pay- ment bears to the amount of said loss. If loss should re.~ult from any act of tbe In- sured. such act shall not void this policy, hut the Company. in that event shal1 be reguired to pay only that part of any losses insured against hereunder which shall ex. ceed the 'amount. if any, lost to the Com- pany by reason of the impairment of the right of subroJ.:ation. The Insured, if re- quested by rhe 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 permit the Company to use. the name of the Insured in any transaction or litigation involving 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 Ihe indebtedness, pro- vided such act does nor result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any anion or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or thc title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy (an be waived Of changed except by writing endorsed hereon or attached hereto signed by the President. a Vice President, th(: Secretary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be givl;n the Com- pany and any statement in writing required to be furnished the Company shall be ad. dressed to it at the office which issued this fJolicy or to its Home OffiCi", 433 South Spring Street, Los Angeles 54, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAl..1INATION AND TITLE INSURANCE. @ Title Insurance and Trust Company FOUNDED IN lag", POLICY OF TITLE INSURANCE Offering complete title services throughout the state of California with just one local call. Complete title services also available in the states of Alaska, Nevada, Oregon and Washington through subsidiary Companies. Title Insurance and Trust Company 433 South Spring Street Los Angeles, California 90054 .- -~.",. ":-"",,~', c,....,._ "",",-r _ "-"'- .' "___~-.oM r~ " When Recorded, Return To City Clerk, City of Arcadia P. O. Box 60 Arcadia, California 91006 2241. r;.M287:5pc:844 ,] l -"-- __ . _ ._-...J D- /( ( 1 DECLARATION OF COVENANT r-......., Fn:v ..... ::I $2.80\ ~~ PAUL T. KLEIN and VERONICA E. KLEIN, husband and wife, as joint tenants, owners of the real property described below as Parcell, and DAN E. HARRISON and HELEN HARRISON, J:lusband and wife, as joint tenants, owners of the real property described below as , Parcel 2, mutually agree between each other and with the CITY OF ARCADIA, in consideration of the granting by said City of a special building permit for erection of a structure on said Parcell, that each of them, severally or jointly, shall not erect any structure or plant any plan~or permit the same to be done, in or on that portion of said real property lying within nine (9) feet on either side of the common property line between said real properties, from the front property line of said properties to a point 140 feet distant therefrom. on said. property line. This agreement shall be binding' on the heirs, successors and assigns of each of the parties. Parcell - That property situated in the City of Arcadia, California described as Lot 77 of Tract 2731 as per map recorded in Book 33, Page 29 of Maps, in the office of the Los Angeles . County Recorder, except the west 70 feet thereof. Parcel 2 - That property situated in the City of Arcadia, California described as Lot 76 of Tract 2731 as per map recorded in Book 33, Page 29 of Maps, in the office of the Los Angeles County Recorder. ) The within Declaration of Covenant shall inure to the benefi t of, be enforceable by and may be released only by the City". of Arcadia. :) rM~ ~arr~son . ~.~~ . ~ T. Klein '0~~?- !? ~,-?:_, Veronica E. Klein' ~ N ,~ ,... ~a t d: 11-11. "'9 "L,) - bY I ...... r?/ ' '. ,0'<'( cC7T ~ /L--l-4-e'1 - Dan E. Harr~son APPROVED AS TO FORM: ~'f' - ~CORDED IN OFFICIAL. RECORDS .... LOS ANGELES COUNTY.. CALIF. '1" 1"ln <.:I:J~5ilU A.M. MAY 28\ 1961;!! ~~~Q