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HomeMy WebLinkAboutD-0517 , . \ ~ \ .J .' ~ , , STATE OF CALIFORNIA,. ) COUNTY OF LOS ANGELES) ss. CITY OF AHCADIA , I ) .. I, acting Clerk c ert ify that of W. C. Billig, the duly elected, qualified and of the City of Arcadia,Ca'lifornia, do hereby the foregoing is a full, true and correct copy Resolution No.1629 " " '\'. as the same appears of record and on file in my office, ana that I have carefull y compared the same w}th the original. . I .. \ .'~_" , In witness whereof, I have hereunto set my Dand and affixed the seal of the City of Arcadia, this '11th day of June , 1947. ~ ~'e Clerk of the Citv 'I'll Ca:.:,f. ~ ) , , , .t , . ~.~. . . , J j If '" - .f . . . ',.." RLSOt:J'I IOIl rm. 1629 A RLf.OLTlTIO;r OF TIfl C'!7Y CO'J.:CII, OF 'Im; CITY OF i\RC..DIA PROVIDWG FOR 71ft. PUnClTASL OF I1WIL E8Tf,TI: FOR A talI; '!:~n nr.;n; FOR :."U;!IC I PAL nUILD INGS, FOR T!IT' EXI;CTlT 1m! OF ?ErI':18i,RY J.GEl;E- ';:llT I~! COTTf.CTIOT! 'l'm:RE'''ITH, Ar('T?I I;YG GRA';T Dr;] D ro\rLl:r:G CO-:TI'l.HI: T'J:AL PRO P; :FTY Arm FOR rifE TRi\j;8FFR OF Fm'))!:: FHO!: '1: IE ':i,~:\':l :'1 PJ\Tl'!';; :1" D::PI'J"CIi,~IOil [,1<;> RfS:I:RVL F'T~ '1'0 ~ 'n, Gr:1:RhL lu::n CJ~ f" I!> (" I'1 Y TO l"RO'fID1' C'IT::nS FOR !::,lCH pTlRr'1i\.Sl:. 'pr,. rr;:y rOll::rIL OF 'Tfr' rrTY OF ,;RC.-DIA DOES RT,f>OLVE 1\S FOr.r.O~'S : frr'flm: 1. "'IIi :'T,1I8, in the opinion of tl,is Council, due to the r3ni~ "ro~th ~nd QPvr1o~~cnt of the City of Arccdin, t~rre exists an ur~(nt need for an a~ocuute site for the Jocrtion and conotruC'tion of a ci"ic cC'nter, \':ithin \':hich to house' the sc>vc>ra1 (lonartr r "1tn 0;' JTim:iC' j, nol :,ovrrmrrnt '1nd o !'lc l'at ions, and I~ pr I' C' ~ . I '.j.t I '"" , T'10 City Co'mcil, l'.;')cn proper invcrti1ation and study of t~e nT'ob1errs i'lvo1ved, :ms concludf!d that nn available site of 1l"1l):u'J:iI1'::ltc:ty t1lirteon acre'i! Rituatf'd on ~{ll'ltin'iton Drivc, il'r:edilltcly [Io~lth of the' i'1tcrncctlon of Colorado PID.ce, in said City, I"l"etr; the rcquire~ontG of, and is appropriato to, t~o City of ArC"lcllo. for such purpose, and ''''I:P1'::.'\8, a corl"1ittl'f1 of rf'prcr,. ntotivo citizens ,~nrl tn:,: ....!'.:f('r~ ':'rol" i-~1l' v:\rious sections of the City l-Jas rocon- . . '. rrc;lderl t~c nc1oction of tho aforeSaid site and its ourchase by the r.ity for this '1urnose, and "m:pr::AS, the purchase of t~c s ite ~erc in Font ioned nnd doscribcd ~'1l1 ('na'la the' City Council to arranp,o for tho sale of oth!'r real pro!-,orty, nO\'1 bclonr,in~ to th" City, the use of ;:hich for rrunicinal "'UTnos('s "ill no lon~l1r bfl rOQuired, and "11;"1.;,[;, tllc City Council l-Jas made an j"V('ft i~~lltion of t!lr< suitability and t!lC cont of the' proposfld site on lluntin",ton Drivl" :.nd is satisfied that tho location is &;JPropriato end tho purchun c price of \)39,324,00 is fair and reasonable, and . ""[' -I co th ' ..!'.J UJ, 0 balance on :land in t'1e' "'uter Depart- r:ont Depreciation and Reserve Fund of said City, as of I:arch 31, 1947, . j . L(1 ( -r. .. , , .' is the sum of One Hundred Fifty ~ine Thousand Three Hundred Fourteen and 25/100 Dol 'ars Cil5'9 ,314.25), Hor:, THEIlEFORE, BE IT RESOLVED that there be transferred frol!l the \',ater Department Depreciation and Reserve Fund of silid City to the General Fund of said City the sum of Thirty rUne Thousand Three Hundred Twenty Four Dollars <C39,324.00). BE IT FURTHER RESOLVED that said sum of Thirty rUne Thousand Throe Hundred Twenty Four Dollars D39,324.00) be returned to said '''ateI' Depart~ent Depreciation and Reserve Fund by transfcrri!'ll{ t'1.f'reto an equal al!lount from the Adr.:lsfions Tax Fund, nhich latter fund nou amounts to the sum of Eighty One Thousand Sil: Hundred 'l'r:enty Geven and 25/100 U;81,627.25), as soon as the proce0ds of such Admission Tax Fund bocooo available to the City of Arcadia, TIL 1'r FUR'l'HrR REi'OTVr.D that if tho present all!~1J.nt of the said Admissions Tax Fund should not becolTlo available to the City, then find in that event orovision shall be rrade by this Co~~cil for the repflyr.ent and return of the aforesaid sum of '::'39,324.00 to the \:l\ter Department Depreciation lind Reserve Fund by transfprrin~ thereto from the General ~und of said City at the end of each fiscal year beginning June 30, 1947, a sum equal to one-eishth of the arrount so transferred as aforesaid for a period of eight consec11tive yoars, Bl~ IT FUR':if{Ln REf o LVrD that the said aJ1:ount of 'Ihirt~r :!ine 'Jhousand Three Hundred Tt1enty Four Dollars <-::39,324.00) he used and nry,,:l1ed tot:nrds the purchn'sc by the City of the nfore- nentionerl real oropf'rty consistinp, of approximately thirtecn acres in the City of Arcadia, County of I~s Angeles, end bein~ a oortion of Lot 5', of Tract Ho. <)49, as shOt'm on rap rf1f'orcleo in Pook 17, Pa<>;e 13 of ~aps, records of Los Angeles County, (as more particularly described in Grnnt Dacn hereto attached and by this reference made -2- '-I 'l ( .' " . , ' a part of this Resolution). BE IT FURTHER RESOLVED that upon the furnishing to the City of Arcadia of appropriate evidence of the ability of the vendor to grant to the City a clear and marketable title to said real property, through escrow or otherwise, the Mayor and City Clerk of the City of Arcadia be, and they are hereby, authorized and directed to execute in the name of and on behalf of the said City that certain Agreement dated Uay 6, 1947, between Rancho Santa Anita, Inc., a corporation, as vendor of the afore- mentioned real property, and the City of Arcadia, a municipal Corporation, as purchaser thereof, relating to the use of said property for municipal or public purposes, and that the City of Arcadia accept from Rancho Santa Anita, Inc., a corporation, Grant Deed dated Kay 6, 1947, conveying to the City of Arcadia the aforesaid real property situated in the City of Arcadia and described more particularly in said Grant Deed. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. I HERf,EY C~RTIFY that the foregoing Resolution was adopted at a regular ~eeting of the City Council of the City of Arcadia, held on the 6th day of t:ay, 1947, by the affirmative vote of at least three Councilmen, to TIit: AYES: Councilmen, Leeper, Nugent, Ormsby and Russell NOES: Councilman Adcock ABSENT: None ,~ City 1erk of the SIGNED AND APPROVED this 6th day of May, 1947. (h. Alw~ Mayor of the d'ty of Atcadia , A'lTI'ST: ~ r: A~~' cityJ'61erk' ~ -3- , :' Vlf/ . AGREEI,jRNT -tI ;l-:- ~ THIS AGREEI~NT made and entered into this 5th day of ~ay, 1947, by and bet~een RANCHO SA~~A ANITA, IrC., a corporation organiz~d and existing under and by virtue of the laDs of the State of California, and having its principal place of business therein at the City of Arcadia, hereinafter called the First Party, and the CITY OF ARCJ~IA, a municipal corporation, here- inafter called the Second Party, rITlffiSSETH: rITiEnEAS, the First Party has agreed to sell to the Second Party, uhich has agreed to purchase from the First Party, all that certain real property situated in the City of Arc:dia, County of Los Angeles, State of California, as shown on ~ap re- corded in Book 17, Page 13 of ~aps, Records of said County, des- cribed as fo110ps: Be~innin~ at a ryoint in the Southeasterly line of said Lot 5, distant South 380 33' 17est 837.98 feet thrreon from the !'lost Easterly corner thereof; thence along said Southeasterly line South 380 33' 17est 975.95 feet to the most Easterly corner of that parcel of land conveyed to Los Angeles Turf Club Inc. and described au Parcel 2 of Deed recorded in Book 1261~, Page 275 of Official Records of said County; thence North 51 27' Vest 30 feet to an angle point in said parcel of land; thence South 380 33' rest 150 feet to an angle point in said parcel of land; thence North 510 27' r.est 481.12 feet to the Southeasterly line of Huntington Drive as described in deed to the City of Arcooia, recorded in Book 9396, Page 145 of Official Records of said County; thence North 380 33' East along said Southeasterly line 1128.42 feet to tho intersection pith a line ~hich passes through the point of beginning and has a bearing of Horth 510 27' TIestj thence South 510 27' East 507.71 feet to the point of beginring. for the price of Thirty Nine Thousand Three Hundred Tuenty Four Dollars (#39,324.00). NOTI, THEREFORE, in consideration of the premises IT IS UIIDERSTOOD Ah~ AGREED by and bet~een the parties hereto that the sale of the aforesaid real property, and the conveyance thereof by the First Party to the Second Party, is made upon and subject to the fo110win~ covenant, rondition and restriction vhich shall run lith tho land, shall opera1e as a condition subsequent and shall , ' . .' " '. . apply to and bind the Second Party, its successors and assigns and all other persons acauiring any interest in said real property, either by operation of law or in any manner whatsoever, namely; that the aforesaid real property will be used by the Second Party as a site for a municina1 civic center, for an armorv, for a municipal auditorium, for municipal parks or gardens or for other municipal or public purposes, and in the evpnt it is not used for any of these purposes \7i thin a ppriod of tpn years from t he date hereof the First Party, its successors and assigns, shall have the option to purchase the said real property from the Second Party for the sum of Thirty-nine thousand Three hundred twenty- four dollars (~39324.00) provided the First Party exercise such option by giving ninety days' notice in writing prior to the expiration of the aforesaid period of ten years of its intention so to do to the Second Party and at the expiration of the ninety day period by tender of said amount to the Second Party. The aforesaid ninety-day notice which the First Party shall give to the Second Party pri6r to the exercise of the option shall be delivered by registered mail addressed to the Second Party at the City Hall, Arcadia, California. IN '-:'ITNESS ':!HEREOF the First Party has caused its corporate name and seal to be hereunto subscribed and affixed and the Second Party has caused its corporate name and seal to be hereunto subscribed and affixed by its Dayor and by its City Clerk, both thereunto duly authorized, the day and year first hereinabove pritten. ATTEST: ANITA, INC. , corporation City Clerk By j};n - H rn'rnAJJhp -2- }SS. County of Los Angeles ON THIS 6 th (ia of Elizabet ~. , , , " STATE OF CALIFORNIA, '. ~\ .' , May r arK s 47 A.D., 19_. before me, a Notary Public in and for said County and State, personally appeared 1',,11 1 l' (;",mdl pr "1"" P",ident,and F. Wesley Davies 'ecr"ary of the Rancho Santa Anita. . known to me to be the o known to me to be the Inc. the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named. and acknowledged to me that luch Corporation executed the same. IN WITNESS WHEREOF, 1 havt hereunto set my hand and affixed mW official seal the day and y,ar in thi, certificate first above writren. e. cB Notatlj Public in and for said County and Stare, ACKNOWLEDGMENT-CORP.-PRES. 81 SlLe.. L. A. Co.-WOI..COTTS FORM 223 ,~ 'j . . ~' f . . I :_ t . . " " . .' STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGf,LES ) ON THIS day of May, A.D., 1947, before me, a Notary Public in and for said County and state, personally appeared known to me to be the of the Rancho Santa Anita, Inc., the Corporation that executed the within Instrument, known to me to be the person who exec'" d the within instrument, on behalf of the Corporation therein named, and ac- knowledged to me that such Corporation executed the same. IN ,'IITNESS \'!HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and state. STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) day of ~ay, A.D., 1947, before me, a Notary Public in and for said County d State personally anpeared tl. H. Ormsby, known to me to be the Uayor f the City of Arcadia, a municipal corporation, the Corporation that executed the within Instrument, known to me to be the person who executed the within instrument on be- half of the Corpor&tion therein named, and acknowledged to me that such Corporation executed the same. IN crITJ~SS V~llinEOF, I have hereunto set my hand and affixed my official seal the day and year in this cert icate first above written. Notary d County and State. . . '. . ~ \, ~ ..' IN WITNESS WHEREOF, grantor has this 22nd day of May, 1947, here- unto oaused its Corporate name and seal to be affixed by its offioers thereunto duly authorized. By STATE OF CALIFORNIA )ss: COUNTY OF LOS ANGELES) On this 23rd day of MIi\V, 1947, before me, Elizabeth R. Parks, a Notary Publio in and for said County, personally appeared Philip Chandler, known to me to be the Vice President, and F. Wesley Davies, known to me to be the Secretary of RANCHO SANTA ANITA, INC., the Corporation that executed the within and foregoing instrument, as Grantor, and known to me to be the persons who executed the within instrument on behalf of said Corporation, and aO~IloW~od8ed ~o me that such Corporation executed the same. WITNESS my hand and offioial seal the day and year in this oertificate first above written. e. for the County 0 of California. V71 ,', '. '. .' DEED RANCHO SANTA ANITA, INC., a corporation organized under the laws of the State of California and having its prinoipal p1aoe of business at Aroadia, California, - - - - - - for and in consideration of the sum of - - - - - - --THIRTY-NINE THOUSAND THREE HUNDRED TWENTY-FOUR and noj1oo------ DOLLARS ($~9,~24.00)- - - - - - - - - - - - - - - - - - - - - - - in lawful money of the United States of Amerioa, receipt of which is hereby acknowledged, does hereby - - - - - - - - - - - - - GRANT TO - - - -the CITY OF ARCADIA, a municipal corporation- - - all that real property situated in the City of Aroadia, County of Los Angeles, State of California, bounded or described as follows: That portion of Lot 5 of ,~raot No. 949, in the City of Arcadia, County of Los Angeles, State of California, as per map reoorded in Book 17 Page 1~ of Maps, in the office of the County Reoorder of said County, desoribed as follows: Beginning at a point in the Southeasterly line of said Lot 5, distant thereon, South ~80 ~~, 00" West 835.51 feet from the most Easterly corner of said lot; said point also being the most Southerly oorner of the land conveyed to Baldwin M. Baldwin by Paroe1 "A" of the deed recorded Deoember 17, 1934 as Instrument No. 1~6 in Book 1~108 Page ~18, of Offioial Reoords; thence along the Southeasterly line of said lot, South 380 ~~I 00" West 978.42 feet to the most Easterly corner of the land conveyed to Los Angeles Turf Club by Paroe1 2 of the deed recorded in Book 12619 Page 275~ of Official Reoords; thence along the boundary line of the land last described, the following courses and distances: North 510 27' 00" West ~O feet; South ~80 ~~I 00" West 150 feet and North 510 271 00" West 481.12 feet to the Southeasterly line of Huntington Drive as described in the deed to the City of Arcadia, recorded in Book 9396 Page 145, of Official Records; thence North- easterly along said Southeasterly line of Huntington Drive, 1128.42 feet, more or less, to the most Westerly corner of the land so con- veyed to Baldwin by the above mentioned deed; thence along the Southwesterly line of the land of Baldwin, South 510 27' East 507.71 feet to the point of beginning. SUBJECT TO: General and sp ecial, ci ty and county taxes for the fiscal year 1947-1948, a lien but not yet payable; Conditions, restriotions, reservations, easements, rights, and rights of way of record; An easement to Southern Ca1i~rnia Edison Company for electricity and power; An easement to Paoific Telephone and Telegraph Company. -1- tI';; , S T"rr; Of' r.ALIFOIlNlA ) ) S8. C"tll/TY 01' L'1S J.Nt,F.LZ:S ) nN r~IS 20th 4ay at July, 1948, bet~e .e, r. ~'1 Cornyu, a ~ot&rY' i'I:Ibl1C1 18 aM for aaid County and State, reaiding therein, duly oOll..haloaecl aJItl DOl'Il, per..nally appeared C. lore. llua..U &ncI Ii. c. 111111, itaown to .. to b. tbe ~eyor and Cl'J Clerk r..pootiTCIly, of the Ct'r ot Areadia, a ~~.loipal oorlXlra1l10n, a.d known \0 .e to be the peraoaa who.e nar.<n.. are allbaoribed to the withi. iaatruaeDt and aoknowled,ed to ~. that they exeoutad tne ...., 'Xrrlll:.S;; llT !!A>>1; Alli! 01'.1 C:AL Sr:,.L lIotU')' l"tIbUo 1a and tor tbe CoUllilJ or 10. Aa!elea, S_lle at CaliCo",1a If C~i.alOD KKpirea JUDe 20. leaD. fO"'1I t 012. t 6-48 . Canlwnl:a Land Title AI~d.t1Oll SlI.ndud Form CopyrlCht 1947 (T. I. RtTilioIl4-44) Premium $.................:........ Title Insurance and Trust Company a corporation of Los Angeles, California, herein called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule B the owner of which is named as an insured and any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule A, or any rart thereof, by lawful means in satisfac, tion of said indebtedness or any part thereof, any federa agency or instrumentality acquiring said land under an insurance contract or guaranty insuring or guaranteeing said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a cor' porate named insured, against loss or damage not exceeding the amount stated in Schedule A which any insured shall sustain by reason of title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown in Schedule B; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or ' by reason of any defect in the execution of any mortgage or deed of trust sh9wn in Schedule B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B; all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy, In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Copy of c'/ic!cnce of title '1""' ""l .'~",'r I"~ ~ I ').aao!; ."l.J.~................. ...I.~ as c:J:q;!:d f:om offrca rccor<ls avalla:Ha, TInE INSURANCE AND TRUST COMPANY ", S "^-'- OA.\ 0' ~ Copy of Policy PRESIDENT No additional liability assumed Attest_._.._____.__..._......_....,..........................."'.. SECRETARY IIIl Form IOIZ-A 9.-49 J.p SCHEDULE A Amount $ 39,324.00 June 17, 1947 at 8:00 A.M. Policy No,2629908 Date INSURED CITY OF ARCADIA, a municipal corporation. I. The title to said land is, at the date hereof, vested in CITY OF ARCADIA, a municipal corporation. 2, Description of land in the county of Los Angeles, state of California, title to which is insured by this policy: That portion of Lot 5 of Traot No. 949, in the city of Aroadia, as per map recorded in Book 17 Page 13 of Maps, in the offioe of the County Recorder of said County, described as follows: Beginning at a point in the southeasterly line of said Lot 5, distant thereon, south 380 33' 00" west 835~51 feet from the most easterly corner of said lot; said point being also the most southerly corner of the land conveyed to Baldwin M. Baldwin by Paroel "A" of the deed rec'op-ded in Book 13108 Page 318, Official Records; thence along the southeasterly line of said lot, south 380 33' 00" west 978.4'2 feet to the most easterly corner of the land conveyed to Los Aneeles Turf Club by Parcel 2 of the deed reoorded in book 12619 page 275, Offioial Records; thence along the boundary line of the land last described, the , follo.ling courses and distances: north 510 27' 00" west 30 feet; south 380 33' 00" west 150 feet and north 510 27' 00" west 481.12 feet to the southeasterly line of Huntington Drive as desoribed in the deed to the oity of Arcadia, recorded in book 9396 page 145, Offioial Records; thence_northeasterly along said south- easterly line of Huntin"ton Drive, 1128.42 feet, more or' less, to the most westerly corner of the land so conveyed to Baldwin by the above mentioned deed; thence along ~he southwesterly line of the land of Baldwin, south 510 27' east 507.71 feet to the point of beginning. :' Form 1012.B 9.49 , ' " ' SCHEDULE B [A] The Company does not, by this policy, insure against loss by reason of: 1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal District, (b) of the county, or (c) of the city. in which said land or any part thereof is situated; 2, Rights or claims of persons in possession of said land which are not shown by those public records which impart constructive notice; 3. Any facts, rights, interests, or claims which are not shown by those public records which impart con. structive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession thereof, or by a COTTect survey; 4. Mining claims, reservations in patents, water rights, claims or title to water j 5. Any governmental acts or regulations restricting, regulating, or prohibiting the occupancy or use of said land or any building or structure thereon. [B] Liens and encumbrances to which said title is subject shown in the order of their priority, and defects and other matters to which said title is subject: 1. General and speoia1 county and city taxes for the fiscal year 194'7-1948, a lien, not yet payable. 2. An unrecorded easement over said land in favor of Southern California Edison Company and Pacific Telephone and Telegraph Company, for electricity and power, as disolosed in the deed from Rancho Santa Anita Inc., recorded June 17, 194'7. Fo:m IOt:Z-C-1 6-48 .' -' " .. STIPULATIONS SCOPE 1. This policy does not insure against, and the OF Company will Dot be liable for loss or damage COVERAGE created by or arising out of any of the follow- ing: (a) defects, liens, claims, encumbrances, or other matters which result in no pecuniary loss to the insured i (b) defects, Hens, encumbrances, or other matters created or occurring subsequent to the date hereofj (c) defects, liens, encumbrances, or otber matters created or suffered by the insured claiming such loss or damage i or (d) defects, liens, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claimant acquired an estate or interest iosured by this policy, unless such defect, lien, claim, encumbrance, or other matter shall have been dis. closed to the Company in writing prior to the issuance of this policy. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of 8uch named insured. DEFENSE OF 2. The Company at its own cost sbaH defend ACTIONS the imured in all actions or proceedings against the insured founded upon a defect, lien, encumbrance, or other matter in!!lured against by this policy, and may pursue such litigation to final determination in the court of last resort. In case any such action or proceeding shall be begun, or in case knowledge shall come to any insured of any claim of title or interest adverse to the title as insured, or which might caUSe 10S! or damage for which the Company shall or may be liable NOTICE OF by virtue of this policy, such insured shall at ACTIONS once notify the Company thereof in writing. OR CLAIMS If such notice shall not be given to the Com. TO BE pany at least five days before the appearance GIVEN BY day in any such action or proceeding, or if THE INSURED such insured shall not, in writing, promptly notify the Company of any defect, lien, encumbrance, or other matter insured against, or of any such adverse claim which shall come to the knowledge of such insured, in respect to which Joss or damage is apprehended, then all liability of the Company as to each iosured having such notice in regard to the subject of such action, proceeding, or claim shall cease and ter- minate; provided, however, that failure to so notify shall in no case prejudice the claim of any insured unless the Company shall be actu"ally prejudiced by such failure. The Company shall have the right to institute and prosecute any action or proceeding or do any other act which, in its opinion, may be necessary or desirable to establish the title, or any insured lien or charge, as insured. In all cases where this policy per- mits or requires the Company to prosecute or defend any action or proceeding, the insured shall secure to it in writing the right to so prosecute or defend 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 Company the insured shall assist the Company in Bny such action or proceeding, in effecting settlement, securi.ng evidence, obtaining witnesses, prosecuting or defending such action or proceeding to such extent and in such manner as is deemed desirable by the Company, and the Company shall re- imburse the insured for any expense so incurred. The Com- pany shall be subrogated to and he entitled to all costs and attorneys' fees incurred or expended by the Company, which may be recoverable by the insured in any litigation carried on by the Company on behalf of the insured. The word "knowledge" in this paragraph means actual knowledge, and does not refer to constructive knowledge or notice which may he imputed to the insured by reaSOn of any public record or otherwise. OPTION TO g. The Company reserves the option to PAY, SETTLE, OR pay, settle, or compromise for, or in the COMPROMISE name of, the insured, any claim insured CLAIMS against or to pay this policy in full at any time, and payment or tender of payment of the full amount of this policy, together with all accrued costs which the Company is obligated hereunder to pay. shall terminate all liability of the Company hereunder, including all obligations of the Com- pany with respect to any litigation pending and subsequent costs thereof. SUBROGATION 4, Whenever tbe Company .ball bave .et- UPON PAYMENT tied a claim under this policy, it shall be OR SETTLEMENT subrogated to and be entitled to all rights, securities, and remedies which the insured would have had against any person or property 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, securities, and remedies in the proportion which said payment bears to the amount of said loss. In either event the insured shall transfer, or cause to be transferred, to the Com. pany such rights, securities, and remedies, and shall permit the Company to use the name of the insured in any transaction or litigation involving such rights, securities, or remedies. OPTION TO PAY S. The Company has the right and INSURED OWNER option, in case any loss is claimed OF INDEBTEDNESS under this policy by an insured owner AND BECOME of an indebtedness secured by mort. OWNER OF gage or deed of trust, to pay such SECURITY insured the indebtedness of the mort- gagor or trustor under said mortgage or deed of trust, to. gether with all costs which the Company is obligated here- under to pay, in which case the Company shall become the owner of, and such insured sball at once assign and transfer to the Company said mortgage or deed of trust and the indebt. edness thereby secured, and such payment shall terminate all liability under this policy to such insured. NOTICE OF 6. A statement in writing of nny loss or damage LOSS for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been asce..... LIMITATION tained. No action or proceeding for the re- OF ACTION covery of any such loss or damage shall be instituted or maintained against the Company until after full compliance by th~ insured with all the conditions imposed on the insured by this policy, nor unless commenced within twelve months after receipt by the Company of such written statement. PAYMENT OF 7. The Company wi1l pay, in addition to LOSS AND any loss insured against by this policy, all COSTS OF costs imposed upon the insured in litigation LITIGATION. carried on by the Company for the insured. INDORSEMENT and in litigation carried on by the insured OF PAYMENT with the written authorization of the Com- ON POLICY pany, but not otherwise. Tbe liability of the Company under this policy sball in no case exceed, in all, the actual loss of the insured and costs which the Company is obligated hereunder to pay, and in no case shall such total liability exceed the amount of this policy and said costs. All payments under this policy shall reduce the amount of the in. surance pro tanto, and payment of loss or damage to an in- sured owner of indebtedness shall reduce, to that extent, the liability of the Company to the insured owner of said land. No payment may be demanded by any insured without produC"- ing this policy for indorsement of such payment. MANNER OF 8. Loss under this policy shall be payable, PAYMENT OF first, to any insured owner of indebtedness LOSS TO secured by mortgage or deed of trust shown INSURED in Schedule B, in order of priority ther.ein shown, and if such ownership vests in more than one, payment shall be made ratably as their respective interests may appear. and thereafter, any loss shall he payable to the other insured, and if more than one, then to such insured ratably as their respective interests may appear. If there be no such insured owner of indebtedness, any loss shall be payable to the in-- sured, and if more than one, to such insured ratably as their respective interests may appear. DEFINITION 9. The term "Iand" when used herein sball be OF LAND construed to include the land herein described specifically or by reference and improvements affixed thereto which by law constitute real property. WRITTEN 10. No provision or condition oE this policy INDORSEMENT can be waived or changed except by writing REQUIRED TO indorsed hereon or attached hereto signed by CHANGE the President, a Vice.President, the Secretary, POLICY or aD Assistant Secretary of the Company. . - 410',. _," /.:1 , ! ~..~ ':~'~:,_..;. D,IIlD . . .~~,.....~:\~. .' Ir'Jt~,."l'T ~ 'r .~. ":1 .~.;_. ,~~~-~, ," ~ ..... :..... '~.. ........ . -. i.'" ",', "..J \, ~.oc;i';. .,,:', .' "~<l.;'.Ii.. ..a.,~,,~~~oi of;_'.... of 0.0 Dollar (.l~). _ Clty '.." """:<1 t, '.~ .,_''t. ...,-~. .; - . , . )~!Ii"~tr~,: ~~~~~i01i*l' ~~- of _ state ot 'Cal1toala. aiusY GIWml .' '~!iL"".;; ""-'''''. +. ",' '.. . ' " ' , .. ' .1JIIf';tiIII'-~~~ 1;)'.:,. \. _,+. '.... \ . to ",-,'state at 'CALDa11I4 u.. ...01 property la _ CltJ' ot ""....1.. eo-a.tr ot , ,:.r,;,.--;~.~IIt;;te';ar;(a.i~/~..A-i"'d '..,' . . , ! 4..:r,J .,. J " '. . . \. , " that,portloia of Lel.III ot'1'raot ..-'B.s. 18 _ Clty of _dia. Couatr of Lao ,..', ._l~~".~~j,Octj..~.'" 'IIN' _' ...OO~ 18 Book 17. Pap la of .p" , la tIlo otllo....." _' Coati Iloool'der ao CoUDtJ'. do.oJ'1"'d .. toll.... , . , _:l . ~... ., ;", . \ Bec1im1Dc at .. polat la,tIIe'8__1J' llao ot,oa1d Lot 6. d1l_ tbe..._. 8oath'lIlP> 81' OO~ "ot l,n.ea toft ,.... _ _ _1'1J' 00""'" of .aid lot, , tbnoo alae U.o,80__'17 llao of oa1d lot. 80ath 880 81' 00. "Ot. dO.OO .' toOt. to _ '.ot'.laotorlJ', 0_1', of' tbo, 1_ ooaft1Od to Lao Amcolo.'!Vt Club (( br krool'Z of'tIle daM ...oor<lod la _ 11819, faco 27&. ot OI'tlo1alllooord., It~- alae -'llcnladarJ':11ao of the 1&114 loot do....1bod. tile toll~ 0""'''' .~'~ " _:'dl~'floftb 61O:2f' 000 ~i1l1lO toet, 80_ 88033' OOo,"ot 160 toot &.1II11:1IORh 610. a,' .00. W.-",,4.81.1I r.et to the Soath..iRerly 11.. ot HaatlQ&tOD l 1ft''''' 1Io.'oI'1".d, la'tbe _d to - City ot AI'oacl1a. ...oordod l.1l Boot 9396. ~, Pac. lt8, o~ otfioial"ReOOl"d..J 'thaoe !forth aF aa' 00. Baat .10111 .aU, , ~" tp'SoaUloutol'17 liDo ot,1Iat1Jlct_ DI'1ft. 190.00 toot. tboaoo 80ulll 810 2f' 00. Ea.t " 611.11 teet to Ule pout of 'bec:bm1zt&, oOJl'taJ.DlDc 2.126 .ore., more or le... 1\' 6tJBJBC! !o. " " ,', ,. I , . OoDdi,toa., reatriotion., re.e:rT&tion, ..semeats, richts and risht. ot W&'1 of reoord. J .a.n ...ement to South.r-. C&l1tol'll1a BeUson ~ tor eleotrioi ty .. oJld polI'OJ" .AD .a.ctmeDt to tho Pao1t1o Telephone and Te1e&raph Company) the prorlaiona ot Resolution No 1190 ot the City Counoil ot the City ot Aroadia, adopted and approved on July 20, 19'8, oopy ot whiob resolution 18 attaabed hereto aIld by this retereDoe 1a.oorporated herein and made. part hereot. IB ,WI1'HBSS \iHBREOF, the City ot- """oad1& ha. oaused th1a 1n.tr\UQ8Dt to be exeouted by it. o1'tloera therewrto duly .uthorhed by re.olution .. of thll 20th dOT ot Ju17. 19i8. , , ,1\~~:_;_~'li' . ., oJ - ...... ..,)... ' f",.:. ":. ~ ~'.. ......... ~ \ :..~.,/;~.:~." . .". '~.~~:':~~: /. . :..:,".~. - .) .~\,.\ ,,}i~,:.., ,.:::;;:;i~,;L. J'4,TTSST4 <. .::......;: !:.,' ~~iri1f ~ CITY OF AR~ADIA, a munlolp.~ cor~or&t1on B7 ~~A~'e//; Mayor /' \ -:>> ~. , .~. '''' :r'" " ... . oJ.. . '. ~,t.., 1 . ,I._.)-'~~1'~~1 " '.' 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'. \ ;" 'l~, t1!"'~"~.wftur-""" " , ,,:... l,.'..... . '. . .' I _ , . , it', ., ,,'o:o-r_"fn~ "_..,,. I.. 'i~)~'\f.~.'/'rr .'~. :'", ~~l;t-"~""'" 't ,," c, -' ,I .' '.' '~, ~-&.~~~~~,~. .'.~.'1ho\... ~.'.tlta..r;..\ 1'- ~ . .:.' , ", ~ ,'~A .... . '.:__ ~lort-' CDII~~ClIP. .: lIl1'JLor:...."U,.......-orlft.~QI . III ClOI'l'a"~(..........~~IIl;IAIi!GnI to,ftlltdI' ... .-..., " ~~...-,:..::i..."" ;'.'." ."'" , .' , .!"'t_"!WIZ":~". 1. I.;...,.~"'"~.,....."" , "" ..,..!', '. . " __ ..,,_~cm~~..,.'_;c:nr..t......~*:...~ ....... ~.. ".., . .~,._"'1II1,~,. .... ..~. " '. r,\,' :. 'Y... \'''.. ~. ,.J. \'" .I.', ." q"~'_~,~~.ilir;"'\ ~ "',' -.. ...: ':l ~_......,..-" ." , 1', > - t .,....~. , .,. t\limallCl.W-,~. ,~. _ ~.~......... Ie,'" _._ . ~. ~ ~... oM "..."'~...."., ';" ".,':0-' ..r.,"',~f_ '.1.,- " . . . ,",. ' ,liii.tr..-,,'.:_ ~"'~i":1 r "",.:.n.1.,-' ...'~ " lII'l~,"'\"'.""'''' ' , 'lr-~ ~~JlJM... ~,~ ............oOIl~' ,,''';.,.,.iI' . J " . '........, . j~:. 7 j.~~~jt,~ ~..~ ~:~ tit... ci...y~l'......... · ~~, ~.. ~fhr - _....r,.,. ~....... ~_. ~.... . -..., ,_ Ill. a..n ~ _ 'it .. ,. _ ....1_... 01 'I t, . . . , . _ 'Ct.,., '~-.' _ Iv _ ,..st. ~. .... _ . 01.. -. ~..., 117 ',t ...." ..i,. 't, . . . . ,'.-. ci~ .;"-...l&i ' '. ",",' " ';- , ' _. ~_..... A IT A8OJ.\'IIl _ .. OS. .,.&i. ''r '1lla11..... . . . . , .'. . ",,"; .... ., Q1I/.... ,.... _ .... -''li J"'" CIolSh..... ...t-.1 0aUd .. ~... ~ _1 ., 1.... _ .., .... o~.. la.. '. ~ ~ ~, , os.., of _la. ~ of ... ."pi... ..... ., CIolS~ _ _ partto..w~ " . , -' ..... .... .....n~ .., 1bn ........ 01 lot 1 ., _. Bo. ...~ la .. CS. ., _Sa. c:cnu.v 01 &eo "-1... _ 01 Colll.ns.. .. ~r ~ ....I'd'" iD IlooIl l? ..... 11 01..... la.. 0111_.,.. ~ ft.".. or ....:__. d...rt.... .. hllon, Bocsaiat .. . po~ Sa tbo 8ou1IIl_....~ liao of :.14 Lo. I. 410_' , 0 tIl_. 8ou1IIl lB. 18' 00" .... lnll..I't_ ,.... ... -., "_r~ ..rDor , 01 ..U 10" tIloaoo llloa& tb. 8oaUa."r~ 11.. ot ..14 1"'. 80_ as" V:) 18' 00" .... to.OO -, to lib. ..... So_r~ .._r of 'ho 1.... .000070d fb. ~ '" 10. ..,.10. TuJ't Club.., ,....1 . 01 tIlo clHd ...0....4 III Boot lIe18 . '!! . ..... 171. ot ort1oSo1 ........., '11_ 01_ ... hoWld.". 11.. of tIlo 1011d :rl p . (0 loft ..orlNd. tIl. tol1ana& 00lIl'_ ODd dl........ _ 610 IT' 00' - 'lI.' \ .... 10 t_, ....tb ... 18' 00. .... 160 ,... .... _ 610 ." 00' .... " ' ' , I \I~ ' ..l.U toft ... tIlo 8outIl.......~ U. 01 _I..--.u;-Ilrl.. .. d...rlbed In , _, _ ... _ 01. 01 _Ia. ....._ Sa _ tilDe. Pop 1&6. 01 OttloSo1 Ilooordo, _.. Iorllh 18018' 00. _ 01_ oold Sou_...rlJ' 1_ of IllmUIlIl'\cm Drt.... 110.00 r--" ~.,.. Sc-uth 610 IT' 00. Ba., 111.11 ..... '0 ~ paID' ot ~1.aDbc. .__Sa.lzIc 1.1Ie ao".. 110" or 1.... D If P1lIll'llEll 1WI0LVlUl ...., tho IIaror _ Cl.J' Clark be _ 'hoJ' .r. beNII7 &",thor1...d -.Dd dlNOted to euOaM oa beba1t ot ..id CU,. or Arcadia Gnn ~ 1lo \h. af'oreNll"lOMd ....1 Propen7 ill tawr of the Btat. of Callhft~. .ub"oO' to I 1. CclDd:l'tou. ....'r1o'loa.. .....nettou. .,,'eau. riCht. .ad rtp1l. or ..,. 01' HGOrd. t. Aa ..__a 'to $ou1;he1"ll CaUfornia Bdlloll CompalQ' for el.otrlo1ty aDd po..r. . " '. ' .~ " . ,/,...,," .~ , ". . " , /. , " ,! .. y, t. '. ',: '.~ f . 4 ',:: , '. '. r,: ( " . '~!"'''\j,..J.o ',. , . .' . '" . , 1. ~,,~~'~~"'/:~'~~.'" IA . ~ r. r " , , ,'~,,', .. l ~., . ~. 'I : >,IIGDD,_.A>>av>... ... ,_.~ ",,'... " '. '," lMI ' . 'I', ~~., .... '. .. ~- ., ....... "A~!~~~~~~~f,'~~~~<r /j,"ff,'(.;.',' , :.f'.4~i..::.~-:j :t;..,,',':;:' .... ....~.;;:-.;~.':?._::~.~>~. J.~' .......,~". 'A-;'~~'''''' '..' , ", ':"'f.,"~..~V" ,~",,:..'r--..l ., ,v;.':' . __..."'..'S\;;~";.r-l.' """"'~"""" 'i.:'\, ,,-:;' .,' ".-: ,,' (;"~.' /./,;,,~"''''4~ . . :~:Wft:~h';~~lN6 '~~~;, ~, -:' ~... ," . , ' ~TATE OF CALIFORNIA ), . OUNTY OF LOS ANGelES " ITY'OF ARCADI... ' " , I, R. C. EWING, the duly elected. qUo!llified and acting Cler~ of the City of Arced' C rf ' d h b . ~;; . Ie. _ e 10m..!!, 0 ore y ccrhfy thollt,' the foregoinq is e full, true and correct copy of Reeo 1 u tlon .0.' 790 .~ ~_\ . ',,;. t:.1I. ~"7~_11:'$ ~.:... . ...'" ~~ ,; .-~ ~_,',::,\'::~,2\~~.,-~ os tho some Oppelll'S of record and on file,in my office. ond that I hove cllrGf,M..:J~~pored the ~o~: "t~ th "I ~ .;rb..' . ..... ..-."Wl.lJI e onglne. '!I In Wit,." wh.,.o/, I h.... h.,.,,'o $O' my h.nd .nd .ffi,.d the ....1 Oi'~Sity, oI."~~di~.\fJ,f:;! 26th d.y ~ of January 1939- . ':~;J.;"'" " ~.;:;:~~..~! . . . ~ " ~:., :-.'/~,!:. y--' I: STATE OF Cu.IFOR/ilA OFFICE OF TIlII ADJUTANT aENEllAL _ SlCIWIIlIl'I1i, CALlFOR/ilA . . ,'.;.!- ".- ~ '#"~_:. BlIlI1l32340 PAlit223 I, 'I 'I " t. ,~ ',I .:' " ,I , " CERTiFICATS OF ACCJlP'I'AIiCr: "', , ~ 'I .. ! " I' The underSigned, Adjutant General ot the state of California, hc,reby consents to the execution of tJ1e annexed conveyance dated Jul.Y 20. 19108 from Citv or AreadtA to the STAT"; OF CALIFORNIA and accepts the said conveyance and the real property described therein upon beha.lf 'of the State of California. C. D. O'SULLIVAN The Adjutant General ~- Oated. December 7, 1949 Ai'l'IlOV';D. JAMES S, DEAN' Director of Finance ,~\ By (~f.4L-- A. i'firl'1'lashburn r- DepUfY Direetor of Finance I ',- f~," ,.<<, !,~.. '.:! "----'- , ,I, . '",,, '\:' ;:~' ~tn~ { " . . ',,'\f ') ~'>t . \'I'~',Ml'_'. : , h '" .......-r...'r " . .-:..:..... ~"qCNTNO::..... ~~..........~ -'>;L~ "'. . .~.I..~..:..~~ED.:~T~R~QlJEST. qP, '. ~ITlE;INSURANCE~&ITRUST:CO,~ . -.(EB,,~ 1950iAT18 A.~. _32:MQ.(~gt~~,,;. WHEN RECORDED MAIL TO: "- IN OFFlClAL\!lECORDS ~ ~n\1'4 u,.. Anid~ CoIlfomIa N :Jkc S~Q.L ~ , WJ.IE 8, ~m.~ Il8cIIdIr .... r~"'L" _' L " -, 1 " 1 ,:. p': 0 /31-/ " , State of California Department of Finance Sacrament~,-~allfornla I c' .'11:' ~.. , '., Form 1012 10-46 80M ,. C.\lifomi. L.nd 1itle Anociation Stal'tdard Form Copyri,bt 1938 (T. I. Rcvi.ion 4-44) Policy No. Title Insurance and Trust Company a corporation of Los Angeles, California, herein called the Company, for a valuable consideration paid for this policy of title insurance, the number, date and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule B, the owner of which is named as an insured, and any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule A, or any part thereof, by lawful means in'satisfac, tion of said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding the amount stated in Schedule A which any insured shall sustain by reason of title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown in ScheduleS; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or by reason of any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insUred by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B; all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affiXed by its duly authori2;ed officers on the date shown in Schedule A. <' '; I 'I , TITLE INSURANCE AND TRUST COMPANY by S lM. C>A\, e' ~ PRESIDENT Att<.t....~~_........ 8ECRETARY ~ 'n~ ", F0l'!l1I011-A 1-47 10011 . SCHEDULE A Amount $ 39,324.00 Date June 17, 1947 at 8:00 A. M. Policy No, 2629908 INSURED CITY OF ARCADIA, a municipal corporation. 1. The title to said land is, at the date hereof, vested in CITY OF ARCADIA, a munioipal corporation. 2. Description of land in the County of Los Angeles, State of California, title to which is insured by this policy: That portion of Lot 5 of Tract No. 949, in the City of Aroadia, as per map reoorded in Book 17 Page 13 of Maps, in the offioe of the County Reoorder of said County, desoribed as follows: Beginning at a point in the Southeasterly line of said Lot ), distant thereon, South 38033'00" West 835.51 feet from the most Easterly corner of said lot; said point being also the most Southerly corner of the land conveyed to Baldwin M. Baldwin by Parcel" A" of the deed reoorded in Book 13108 Page 318, Offioial Records; thence along the Southeasterly line of said lot, South 38033'00" West 978.42 feet to the most Easterly corner of the land oonveyed to Los Angeles Turf Club by Parcel 2 of the deed reoorded in Book 12619 Page 275, Official Records; thenoe along the boundary line of the land last desoribed, the following oourses and distanoes: North 51027'00" West 30 feet; South 38033'00" West 150 feet and North 51027'00" West 481.12 feet to the Southeasterly line of Huntington Drive as described in the deed to the City of Aroadia, reoorded in Book 9396 Page 145, Official Records; thence Northeasterly along said South'- easterly line of Huntington Drive, 1128.42 feet, more or less, to the most Westerly oorner of the land so conveyed to Baldwin by the above mentioned deed; thence along the Southwesterly line of the land of Baldwin, South 51027' East 507.71 feet to the point of beginning. ',' Form 1012.11 ..47 100M SCHEDULE B [A] The Company does not, by this policy, insure against loss by reason of: 1. Easements or liens which are not shown by the public records <a' of the District Court of the Federal District, (b) of the county, or (c) of the city, in which said land or any part thereof is situated; 2. Rights or claims of persons in possession of said land which are not shown by those public records which impart constructive notice; 3. Any facts, rights, interests, or claims which are not shown by those public records which impart construc~ tive notice, hut which could be ascertained by an inspection of said land, or by making inquiry of persons in possession thereof, or by a correct survey; 4. Mining claims, reservations in patents, water rights, claims or title to water; 5. Any goyernmental acts or regulations restricting, regulating, or prohibiting the occupancy or use of said land or any building or structure thereon. [B] Liens and encumbrances to which said title is subject shown in the order of their priority, and defects and other matters to which said title is subject: 1. General and special County and City taxes for the fiscal year 1947-1948, a lien, not yet payable. 2. An unrecorded easement over said land in favor of Southern California Edison Company and Paoific Telephone and Telegraph Company, for electricity and power, asl disolosed in the deed from Rancho Santa Anita Ino., reqorded June 17, 1947. , Form 1012-C 1....7 80M ,,. STIPULATIONS SCOPE 1. This policy does not insure against, and the OF Company will not be liable for loss or damage COVERAGE created by or arising out of any of the follow- ing: (a) defects, liens, claims, encumbrances, or other matten which result in no pecuniary loss to the insuredj (b) defects, liens, encumbrances, or other matters created or occurring subsequent to the date hereof; (e) defects, liens, encumbrances, or other matters created or suffered by the insured claiming such loss or damage; or (d) defects, liens, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, unless such defect, lien, claim, encumbrance, or other matter shall have been dis- closed to the Company in writing prior to the issuance of this policy. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. DEFENSE OF 2. The Company at its own cost shall defend ACTIONS the insured in all actions or proceedings against the insured founded upon a defect, lien, encumbrance, or other matter insured against by this policy, and may pursue such litigation to final determination in the court of last resort In case any such action or proceeding shall be begun, or in case knowledge shall come to any insured of any claim of title or interest adverse to the title as insured, or which might cause loss or damage for which the Company shall or may be liable NOTICE OF by virtue of this policy, such insured shall at ACTIONS once notify the Company thereof in writing. OR CLAIMS If such notice shall not be given to the Com- TO BE pany at least five days before the appearance GIVEN BY day in any such action or proceeding, or if THE INSURED such insured shall not, in writing, promptly notify the Company of any defect, Hen, encumbrance, or other matter inlured against, or of any such adverse claim which shall come to the knowledge of such insured, in respect to which loss or damage is apprehended, then all Habi1ity of the Company as to each iD!ured having such notice in regard to the subject of such action, proceeding, or claim shall cease and ter- minate i provided, however, that failure to so notify shall in no case prejudice the claim of any insured unless the Company shall be actually prejudiced by such failure. The Company shall have the right to institute and prosecute any action or proceeding or do any other act which, in ibJ opinion, may be necessary or desirable to establish the title, or any insured lien or charge, as insured. In all cases where this policy per- mits or requires the Company to prosecute or defend any action or proceeding, the insured shall secure to it in writing the right to so prosecute or defend such action or proceeding, and aU appeals therein, and permit it to use, at its option, the name of the insured for such purpose. Whenever request- ed by the Company the insured shall assist the Company in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, prosecuting or defending such action or proceeding to such extent and in such manner as is deemed desirable by the Company, and the Company shall re- imburse the insured for any expense so incurred. The Com- pany shall be subrogated to and be entitled to all costs and attorneys' fees incurred or expended by the Company, which may be recoverable by the iD!ured in any litigation carried on by the Company on behalf of the insured. The word "knowledge" in this paragraph means actual knowledge, and does not refer to constructive knowledge or notice which may be imputed to the insured by reuon of any public record or otherwise. OPTION TO 3. Tbe Company reserves the option to PAY, SETTLE, OR pay, settle, or compromise for, or in the COMPROMISE name of, the insured, any claim insured CLAIMS against or to pay this policy in full at any time, and payment or tender of payment of the full amount of this policy, together with all accrued costs which the Company is obligated hereunder to pay, shall terminate aU liability of the Company hereunder, including all obligations of the Com- pany with respect to any litigation pending and subsequent costs thereof. SUBROGATION 4. Whenever the Company shall have set- UPON PAYMENT tied a claim under this policy, it shall be OR SETTLEMENT subrogated to and be entitled to all rights, securities, and remedies which the insured would have had against any person or property 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, securities, and remedies in the proportion which said payment bears to the amount of said loss. In either event the insured shall transfer, or cause to be transferred, to the Com- pany such rights, securities, and remedies, and shall permit the Company to use the name of the insured in any transaction or litigation involving such rights, securities, or remedies. OPTION TO PAY s. The Company has the right and INSURED OWNER option. in case any loss is claimed OF INDEBTEDNESS under this policy by an insured owner AND BECOME of an indebtedness secured by mort- OWNER OF gage or deed of trust, to pay such SECURITY insured the indebtedness of the mort- gagor or trustor under said mortgage or deed of trust, to- gether with all cost.s which the Company is obligated here... under to pay, in which case the Company shall become the owner of, and such insured shall at once assign and transfer to the Company said mortgage or deed of trust and the indebt- edness thereby secured, and such payment shall terminate all liability under this policy to such insured. NOTICE OF 6. A statement in writing of any loss or damage LOSS for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been ascer- LIMITATION tained. No action or proceeding for the re- OF ACTION covery of any such loss or damage shall be instituted or maintained against the Company until after full compliance by the insured with all the conditions imposed on the insured by this policy, nor unless commenced within twelve months after receipt by the Company of such written statement. PAYMENT OF 7. The Company wi1l pay. in addition to LOSS AND any loss insured against by this policy, all COSTS OF costs imposed upon the insured in litigation LITIGATION. carried on by the Company for the insured, INDORSEMENT and in litigation carried on by the insured OF PAYMENT with the written authorization of the Com- ON POLICY pany, but not otherwise. The liability of the Company under this policy shall in no case exceed, in all, the actual Joss of the insured and costs which the Company is obligated hereunder to pay, and in no case shall such total liability exceed the amount of this policy and said costs. All payments under this policy shall reduce the amount of the in- surance pro tanto, and payment of loss or damage to an in... sured owner of indebtedness shall reduce, to that extent, the liability of the Company to the insured owner of said land. No payment may be demanded by any insured without produc- ing this policy for indorsement of such paymenL MANNER OF S. Loss under this policy shaH be payable, PAYMENT OF first, to any insured owner of indebtedness LOSS TO secured by mortgage or deed of trust shown INSURED ill Schedule B, in order of priority therein shoWD, and if such ownership vests in more than one, payment shall be made ratably as their respective interests may appear, and thereafter, any loss shall be payable to the other insured. and if more than one, then to such insured ratably as their respective interests may appear. If there be no such insured owner of indebtedness, any loss shall be payable to the in- sured, and if more than one, to such insured ratably as their respective interests may appear. WRITTEN INDORSEMENT REQUIRED TO CHANGE POLICY 9. No provision or condition of this policy can be waived or changed except by writing indorsed hereon or attacbed hereto signed by the President, a Vice-President, the Secretary, or an Assistant Secretary of the Comp.!-ny. -V'- v,./............ '$C/~ ' " ~........" , " PART OF LOT 5' OF TRACT 949. I , , ~ 'i ~: ' ';' i~- I L- 0 f, 6 ~l , /"" ---- /' ,...-- ~ /// ;;, ':..: {~ /~~ / % ~ .~~o /e'Q' II ~.>'''''.>. / ?, .~~ / ~~. , /o~i. ~. I 0 I /i\ i.. /c. ' II' t ~IJ, ~~/'3 /(., Y/7/ I I ~ /0'1/// I I 0~'%''Y0A4r' - Mas" EI I "'7". /, /26/9_ 'y. Co~ ,1 / / .??S C!-€; 4~OY /";;/ / it I}~~ -tI . . iy ~~'ljf;;~/ i)P I ')~ / 1/, / / I . //J'o /.JG" / (~ /// I I :Hl~> )~, N')I A ~LJ~'i1t ,OF H'l: ,;.r.p 801 IS Ci,)MP:Ll[) fO" II\!'ORvJ.1IQN ONLY fr{O'.~ o"'~.\, S"'()',N'; !';" CrFiCI..:., ,Hl'('''~,''<': " (J6licy if (l c:JitlG JnsurancG '. ,. %ILY,zsurance../ and c:J;ust Company KERN COUNTY 1715 CHESTER AVENUE BAKERSFIELD RIVERSIDE COUNTY 3940 MAIN STREET, RI....ERSIDE SAN DIEGO COUNTY 1028 SECOND STREET, SAS DIEGO TITLE INSUkASCE BUILDING SAN LUIS OBISPO COUNTY 777 HIGUERA STREET, SA.. LUIS OBISPO .;. SANTA BARBARA COUNTY 920 STATE STREl:.T SANTA BARBARA TITLE INSURANCE AND TRUST COMPANY TUU.RE COUNTY 204 WEST MAIN STREl:.T, \'!SALlA V ENTURA COUN\~'! INCORPORATED 1893 47' MAIN HREET, VENTURA 433 SOUTH.SPRING STREET. LOS ANGELES u. S. :\.. %ILYnsurance.., and qrnst Company '....... KERN COUNTY '715 CHESTER AVENUE BAKERSFIELD ~ ",1" RIVERSIDE COUNTY 3940 MAIN STREET, RIVERSIDE .~ SAN DIEGO COUNTY 1028 SECOSO STII.l:.ET, SAS DIEGO SAN LUIS OBISPO COUNTY 777 HICUERA STRl:.ET, UN LUIS OBISPO SANTA BARBARA COUNTY 9]0 STATE STREET SANTA BARBARA TUL.-\RE COUNTY 204 WEST MAIN STREET, "ISALIA VENTURA COUNTY 471 MAIN STREET. VENTURA Order 2629908 106 J 517 491 When recoLded Return, to: Mr. T. Guy Cornyn City Attor'&ey City of Ar.cadia .' Arcadia, ~a1iforn1~ , . t.' I, i-~"~ \ ',...,q i:.t. ; ',.':'j.'! .' ;'... ~\...'''''''hlJ.e:.....r ,...... ...J:..",\J~A' UI' "':""'1 ~ "IlSj:~';I'" :; +~;;~jt ~~. ,""~.<4... UI~.. .,J~ ~.. ...:J, _..., JUN 17 1947 ctS: A.~.l h:! n~L 24722 r'::::l-_::~,~ f.r Q~::i~ Rc~!t!J.; ~~--!~ ~ kz ^::~::!.4~; r.:t'''~~:'''f, ~~,....dI1 "':'J..'':"",- lj''.,..- (.- ........ ----......-- - - . ~.-. ~~:.'~~,. :..... ". r. '~'7;"o/ ~ '.'1 ~ ~ X!o,,~.r,:,~''''''~... -'~"~h"'" ~.. ...-itr6 ,-,__;",~ ".c...-J',~.~.I ~ ~ .' t-)f . -"''''. i>" _ _,....-, ~_ , "";C.' C'. IJl #106 2C -e. J'f.., r' , .,' / I. , " ("( - ,