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HomeMy WebLinkAboutDeeds & Easements_19-1962E 59 PASS .Recorlded at the request of RECORDED AT REQUEST OF WESTERN TITLE GUARANTY GO Arrowhead -Titl-- OCT 4 1962 at 8 AM Return to m5, 779 PAGE182 City of Retilan_ds- OFFICIAL RECORDS �l San Bernardino County, Calif NIL' IRS TED R CARPENTER, Recordef - - ------------Office of Ury Manager- Consideration less than $100.00 Redlands-s .-California _ �A' �1(a{l DOCUMENT N0. TI GRANT DEED (Individual) For value received ARCHIBALD J. SCHOTT AND EMMA MAE SCHOTT �I GRANT to CITY OF REDLANDS, a Municipal. Corporation all that real property situate in the City of Redlands County of San Bernardino ,State of California,described as folloxs The east 50 feet.: of the west 90 feet of the northwest 1/4 of the northwest 1/4 of Section 4, Township 2 sough, range 3 west, San Bernardino Base and Iieridian lying northerly of the center- line of San Timoteo Creek, except portions vested in the San Bernardino County Flood Control District. Together with the underlying fee interest, it any, appurtenant to the above-described property ,n the adjoining San Timoteo Road. (The property above described is a 50 foot wide strip of land lying, easterly of and adjacent to the east line of 40 foot wide San Timoteo Road. ) Dated Auguv t 30 1962 f (j `- -- - - --- ---- ----- ------ ---- -------- ---------- - -- --- STATE OF CALIFORNIA ss ------------ --------- Caienly of-•-------Zali- :B.erX1n-xaihQ.-. - On- ► °116.h. - a.1962 ----------, 19 before me,.-21 Irl D. Finch......... a Notary Public, in and for sand. County and Seale, personally appeared ... Ar-chibald__ff Sohatt---aiad... ......... ......... _- ----- 9 Schott, husband- and wife --- ----- ------- --------- -- -- ------ - --- known to me to be the person-.s.._..whose nam6O-9X®_-..subscribed to the w0hsn snstrxyaid acknowledWt she. executed the same Mycommssssonerpsres. .. -..October Bra X965 , � ,, �Iel -- --------BEAy rchl Notary Public Form No.84J 4 r • BooK5779 PAGE 183 0§RTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Deed of Grarat dated August 30 , lv_Ep._, .from _Archibald T Schott aU�, F t , to the City of RedlaDde, u political W corporation and/or roTer man tal agency is hereby accepted by: order of the City � Coune:Ll 013 September 4 .R..a..a., 1`•x_62_, and the Grantee coase.nts to r -- a ord--tion thereof by its duly auttiorized offacer, Dated: Se'Ptember 5 , 1q 6�2 . 13jr. Ca ty manager i California 19t f F RICHT OF 71AY CONTRACT -- CITY OF RMIANDS, CALIFORNIA Document No. II in the form of a GRANT DEE) , covering the following described property: A 501 gide strip of the northwest 1/4 of the northwest 1/1. of Section 4, Township 2 South, Range 3 Nest, San Bernardino Base and Meridian, lying easterly of and adjacent to the east line of San Timoteo Rd., as more particularly described in Document No. TT has been executed and delivered to DOT 2kM D. EURRISON, Fund Agent for the City of Redlands, California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows; 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said docu- ment and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City of Redlands shall: A. Pay the undersigned grantor(s) the sura, of $750.00 net for the property or interest therein as conveyed by Document No. II within thirty (30) days after date title to said property vests in, or is in escrow for, the City of Redlands, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), except: 1. Delinquent taxes and takes for the fiscal year in which this escrow closes shall be cleared and paid in the manner required by Section. 4986 of the Revenue and Taxation Code. 2, Covenants, conditions, restrictions and reservations of record, if any. 3. Easements or rights--of-way over said land for utility or street purposes, if any. B. Initiate and diligently prosecute proceedings for vacation of the 20 foot city alley existing between Fourth and Orange on the north side of Fest Central Ave. , Redlands, Calif, C. Dismiss within 120 days suit No. 104934 filed in Superior Court of San Bernardino County (City of Redlands, a municipal corporation vs. A. I. Frey, et al) , and Lis Pendens recorded 3/8/61 in Book 5371 page 1. 96 records of San Bernardino County. 3. Grantors agree that upon their execution of the agreement and upon accepta.nco of this agreement by the City, the City shall have the right to take immediate possession of the land granted by Document No. II. /.. It is understood and agreed by the parties hereto that in the event any owner having an interest in the alley as described in clam 2B above, objects to its vacation and vacation of the alley is not possible within 120 days, the City shall pay grantor 3350.00 in addition to the amount set forth in clause 2A above. 5. This agreement is made between the parties with the understanding that the property herein described shall be. used exclusively as a public road. IIQ IT17JZS HEREOF, the parties have executed this agreement the day and year first above v;ritten. Grantor CITY OF;REDSDS By ty h� Pna.,„err Recomme �d for Appro al, Land Agent R*qq*i Aria,ed for Approval, By XA L City Attorney 1TO OBLIGATION OTM THAN THOSE SET 7ORTH nL+r�Ljv IVILL BE RECOGNIZED. WESTERN TITLE GUARANTY COMPANY San Bernardino Division formerly ARROWHEAD TITLE GUARANTY COMPANY 369 Court Street • San Bernardino • Cal forma G� n'_� Telephone TUrner 9-0733 . MSMgCp MCMSER October 15 , 1962 City of Redlands Office of the City Manager Redlands , California Re. Escrow No. 11029 Gentlemen Please find enclosed our policy number 11029 , which has now been counter-signed by our Vice President Please excuse the over- sight on our part Sincerely, H. T. Olmsted, Escrow Officer HTO/dmf Enclosure San Bernardino County - San Bernardino County POLICY OF TITLE INSURANCE Poticy .UMBER I'EE $ 30.00 ORDER NUMBER 6169 11029 WESTERN TITLE INSURANCE COMPANY ESTABLISHED 5040 INCORPORATED 19DZ I' I� A CALIFORNIA CORPORATION HEREIN CALLED THE COMPANY FOR A VALUABLE CONSIDERATION HEREBY INSURES M CITY OF REDLANDS I, I hereinafter called the Insured, the heirs, devisees, personal representatives of such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceedmggL-VEN HUNDRED f FIFTY AND NO/100ths ($750.00) - ------- { 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 1 1 Any defect in or Iien or encumbrance on the title to the estate or interest covered hereby in the Iand described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded A from coverage in Schedule B or in the Conditions and Stipulations, or 2 Unmarketability of such title, or 3 Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon the estate or interest covered hereby, or I; 4 Priority, at the date hereof, over any such mortgage or deed of trust, of any encumbrance upon such estate I or interest, except as shown in Schedule B, such mortgage or deed of trust being there shown in the order of its priority, all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together 1 with Schedules A, B and C, are hereby made a part of this policy, all as of the ; 4th day of October , 19 62 , at 8:00 o'clock, a. in, the effective date of this policy IN WITNESS WHEREOF,WESTEi4N TiTLE INsuRxNcE COMPANY has caused its corporate name and seal to be hereunto 11 affixed by its duly authorized officers. I WESTERN TITLE INSURANCE COMPANY Counterar d Vice Pre,ident By President la By _ Secretary 1 SCHEDULE A s 1. The estate or interest in the land described or referred to in Schedule C covered by this policy is �y I. A FEE I' 2 Title to the estate or interest covered by this policy at the date hereof is vested in CITY OF REDLANDS, a municipal corporation ' LI — -- - --- :�I'L'S::1Ml.:i i I i�i:..i Cl: :V 6� ]'Itis. L d': I L •— •— - •• c _ i.._ . .[..-., _ . CALIFORNIA LAND TITLE ASSWIATION STANDARD COVERAGE.POLICY FORM CDPYRfGHT VM PoLicy NumBER 6169 SCHEDULE B chis policy does not insure against loss or damage by reason of the following PART ONE I 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 b) 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 d Discrepancies,conflicts in boundary lines,shortage in area,encroachments or any other facts which a correct survey would disclose 5 Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water PARI I WO 1. General and Special taxes for the fiscal year 1962-63 , now a lien, not yet due or payable. 2. Reservations as contained in the Patent from the United States of America to Benjamin P. Davis , recorded in Book "B" of Patents, page 548, records of San Bernardino County, California. 3. A right of way for pipe lines of the San Timoteo Water Company as referred to in the deed to Brookside Olive Company, recorded May 9 , .1892, in Book 151, page 293 of Deeds. 4. An easement for flood control works over and across a portion of the property herein described, as conveyed by The J. E. Woodruff Company, to the County of San Bernardino, recorded June 28, 1934 in Book 971, page 384, Official Records, reference is hereby made to said instrument for other and further particulars. CA€.IFORN€A LAND T€TLL ASSOCIATION STANDARD COVERAGE POLICY FORM PA(y'r, Tii o COPYRIGHT IM CONDITIONS AND STIPULATIONS (Includes those In American Title Association Owner's Additional Coverage Policy) 1 DEFINITION OF TERMS (c)The Company shall have the right at its (erred to in Schedule C The provisions of this para- The following ferns when used in this policy mean: own cast to institute and prosecute any action or graph numbered 7 shall not apply to an insured (ol 'land the land described specificallypolicy nit m proceeding or do any other act which in its opinion owner of an indebtedness secured by a mortgage or by reference in Schedule d and improvements ai mainbe sured necessary or desirable to establish the title deed of trust shown in Schedule B unless such In sured acquires title to said land in satisfaction of fixed thereto which by law constitute real property, (d)In all cases where this policy permits or re said indebtedness or any part thereof (b)"public records' those records winch im quires the Company to prosecute or provide for the part constructive notice of matters relating to said defense of any action or proceeding, the Insured 8 COINSURANCE AND APPORTIONMENT land, shall secure to it the right to so prosecute or provide (a)In the event that a partial loss occurs after (c) 'knowledge actual knowledge, not con defense in such action or proceeding,and all appeals an alteration or improvement subsequent to the structive knowledge or notice which may be !in therein and permit it to use at its option the name date of this policy,and only in that event,the In puled to the Insured by reason of any public of the Insured for such purpose Whenever re sured becomes a coinsurer to the extent hereinafter records- quested by the Company the Insured shall give the set forth (d)"date" time effective date,and Company all assistance in any such action or pro If the cost of the alteration or improvement (e) "the Insured if a named Insured is the ceeding in effecting settlement,securing evidence exceeds twenty per centum Of the amount of this owner of the indebtedness secured by a mortgage or obtaining witnesses or prosecuting or defending policy such proportion only of any partial loss es- deed of trust shown in Schedule B,then in addition such action or proceeding and the Company shall tablislied shall be borne by the Company as one to the parties named as Insured or referred to as reimburse the Insured for any expense so incurred hundred twenty per centum of the amount of this "the Insured herein 'tie Insured" shall include policy bears to the sum of the amount of this policy (1)each successor in ownership of such indebted 4 NOTICE OF LOSS—LIMITATION OF ACTION and the amount expended for the alteration or im ness (2)any such owner or successor in ownership In addition to the notices required under Para proveinent The foregoing provisions shall not apply of any such indebtedness who acquires the land de grlpli 3(b) a statement in writing of any loss or to costs and attorneys fees incurred by the Com scribed in Schedule C or any part thereof by law damage for which it is claimed the Company is liable pany in prosecuting or providing for the defense of ful means in satisfaction of said indebtedness or under this policy shall he furnished to the Company actions or proceedings in behalf of the Insured pur- any part thereof and(3)any governmental agency within sixty days after such loss or damage shall suant to the terms of this policy or to costs imposed or instrumentality acquiring said land under an have been determined and no right of action shall on the Insured in such actions or proceedings and insurance contract or guarantee insuring or guar accrue to the Insured under this policy until thirty shall not apply to losses which do not exceed in the anteeing said indebtedness or •tny Part thereof days after such statement shall have been furnished aggregate an amount equal to one per centum of the and no recovery shall be had by the Insured under face amount of this policy this policy unless action shall be commenced there- Provided however,that the foregoing comsur 2 EXCLUSIONS FROM T14E COVERAGE on within one year after expiration of said thirty day ante provisions shall not apply to any loss if at OF THIS POLICY Period failure to furnish such statement of loss or the time of the occurrence of such loss, the then This policy does not insure against loss or damage damage or to commence such action within the value of the premises as so improved does not ex by reason of the following' time hereinbefore specified,shall be a conclusive bar reed the amount of this policy and provided further (a)Any law ordinance or governmental regu against maintenance by the Insured of any action that the foregoing coinsurance provisions shall not under this policy apply to an insured owner of an indebtedness se- lation (including but not limited to building and cured by a mortgage or deed of trust shown in zoning ordinances) restricting regulating or pro Schedule B prior to acquisition of title to said hmbiting the occupancy use or enjoyment of the S OPTION TO PAY, SETTlE OR CDMPROMISE land in satisfaction of said indebtedness or any land,Or the character,dimensions or location of any CLAIMS part thereof uuprovement now or hereafter erected on said land (a)The Company reserves the option to pay (b)If the land described or referred to in Sched or Prohibiting a reduction in the dimensions area or settle or compromise for or in the name of the In ule C is divisible into separate and noncontiguous separation in ownership of any lot or parcel of land sured any claim insured against or to may tilt full parcels or if contiguous and such Parcels are not (b)Governmental rights of police power or amount of this policy and such payment or tender used as one single site and a loss is established of eminent domain unless notice of judicial action to of payment together with all accrued costs which fecting one or more of said parcels but not all the exercise such rights appears in the public records at the Company is obligated hereunder to pay shall lass shall be computed and settled on a pro rata ba the date hereof terminate all liability of the Company hereunder sis as if the face amount of this policy was divided (c)Title to any property beyond the lines of (h)In case loss is claimed under this policy by pro rata as to the value on the date of this policy of the premises expressly described in Schedule C or an insured owner of an indebtedness secured by a each separate independent parcel to the whole ex title to streets, roads avenues lanes or ways on mortgage or deed of trust tlae Company at its option elusive of any improvements made subsequent to which such prem ises abut or the right to maintain may pay such Insured an amount equal to such in the date of this policy unless a liability or value has therein vaults tunnels ramps or any other strut debtedness,together with all costs which the Com otherwise been agreed upon as to each such parcel ture or improvement or any rights or easements pany is obligated hereunder to pay, in which case by the Company and the Insured at the time of the therein unless this policy specifically provides that tine Insured shall assign and transfer to the Com issuance of this policy and shown by anexpress state- such property rights or casements are insured ex- pany said mortgage or deed of trust and the indebt teem herein or by an endorsement attached hereto rept that if rite premises abut upon a physically edness secured thereby and such payment shall ter- open street or highway this policy Ensures the ordi minate all liability of title Company hereunder as to 9 SUBROGATION UPON PAYMENT OR SETTLEMENT nary rights of abutting owners for access thereto such Insured Whenever the Company shall have settled a unless restricted by governmental regulations or claim under this policy all right of subrogation shall otherwise excepted or excluded herein 6 PAYMENT OF LOSS (d)Defects liens encumbrances ndverse vest in the Company unaffected by any act of the claims against the title as insured or other matters (a)The liability of the Company under this Insured,and it shall be subrogated to and be en (1)created,suffered assumed or agreed to by the policy shall in no cast exceed in all rite direct loss titled to all rights and remedies which the Insured Insured or(2)known to the Insured either at the of title Insured and costs nd attorneys fees which would have had against any person or property in date of this policy or at the date such Insured ac the Company may be obligated hereunder to pay respect to such claim had this policy not been issued quired an estate or interest insured by this policy (b)The Company will pay in addition to any If the payment does not cover the loss of the In and not shown by the public records unless dis loss insured against by this policy all costs imposed sured the Company shall be subrogated to such closure thereof in writing by the Insured shall have upon tie Insured in litigation carried on by the rights and remedies m the proportion which said been made to the Company prior to the date of this Company for thte Insured and all costs and attar payment bears to the amount of said loss If loss policy or (3)resulting in no direct loss to the In neys fees in litigation carried on by the Insured should result from any act of the Insured such act sured or(4)attaching or created subsequent to the with the written authorization of the Company shall not void this policy,but the Company,in that date hereof (c)•No claim for damages shall arise or be event shall be required to pay only that part of any (e)Loss or damage which would not have been maintainable under this policy(1)if the Company losses insured against hereunder which shall exceed sustained if the Insured were a bona fide purchaser after having received notice of an alleged defect the amount if any lost to the Company by reason or encumbrancer for value lien or encumbrance not excepted or excluded herein of the impairment of the right of subrogation The removes such defect lien or encumbrance within a Insured.if requested by the Company,shall transfer reasonable time after receipt of such notice or to the Company all rights and remedies against any DEFENSE AND PROSECUTION OF ACTIONS—NO (2)for liability voluntarily assumed by the Insured person or property necessary in order to perfect such 3 DTICE OF CLAM TO BE GIVEN BY THE NS—NINSURED in settling tiny claim or suit without written concent right of subrogation and shall permit the Company of the Company or(3)in the event the title is re to use the name of the Insured in any transaction (a)The Company at its own cast and without jetted as unmarketable because of a defect lien or or litigation involving such rights or remedies undue delay shall provide for the defense of the encumbrance not excepted or excluded in this policy Insured in all litigation consisting of actions or pro until there has been a final determination by a court 10 POLICY ENTIRE CONTRACT ceedings commenced against thte Insured which of competent jurisdiction sustaining such rejection litigation is founded upon a defect lien ar enema (d)All payments under this policy,except pay All actions or proceedings against the Company brance insured against by this policy and may pur meets made for costs attorneys fees and expenses must be based on the provisions of fhtt'gg�policy Any sue such litigation to final determination in the shall reduce the amount of the insurance pro tanto other action or actions or rights of actin Eliot the roust of last resort and no payment shall be made without producing Insured may have or may bring against the Com (b)In case anv such action or proceeding shall this policy for endorsement of such payment unless pany shall be deemed to have merged in this policy be begun or in ease knowledge shall collie to time time policy be lost or destroyed,in which case proof and to be restricted to its terms and conditions Insured of any claim of title or interest adverse to of such loss or destruction shall be furnished to the This policy shall not be valid until counter- the title as insured, or which might cause loss or satisfaction of the Company provided however if signed by a Vice President of the Company No damage for which the Company snail or may be tie owner of an indebtedness secured by a mortgage provision or condition of this policy can be waived liable by virtue of this policy or in the event the or deed of trust shown in Schedule B is an Insured or changed except by writing endorsed hereon or title is resected as unmarketable by one who has herein thea such payments shall not reduce pro attached hereto signed by the President, a Vice leased or has contracted to purchase,lease or lend tanto the amount of the insurance afforded here President the Secretary an Assistant Secretary or money on the land described in Schedule C hereof under as to such Insured except to the extent that other validating officer of title Company The Com clic insured shall at ante notify the Company there such payments reduce the amount of the indebted pany may take any appropriate action under the of in writing If such notice shall not be given to the ness secured by such mortgage or deed of trust terms of this policy whether or not it shall be liable Company within ten days of the receipt of process (e)1'Jhen liability has been definitely fixed m thereunder and shall not thereby concede liability or pleadings or if the insured shall not,in writing accordance with the conditions o€ this policy the or waive any provision of this polity promptly notify the Company of any defect,Ilea or loss or damage shall be payable within thirty days encumbrance insured against which shall come to thereafter 11 NOTICES, WHERE SENT the knowledge of the Insured or if the Insured shall All notices required to be given the Company not in writing, promptly notify the Company of 7 LIABILITY NONCUMULATIVE and any statement in writing required to be Turn any such resection by reason of clammed upmarket It is expressly understood that the amount of ished the Company shall be addressed to it at its ability of the title,then all liability of the Company Main Office 240 Van Ness Avenue San Francisco, in regard to the subject matter of such action,pro this policy is reduced by any amount the Company California ceeding or matter shall cease and terminate;pro may pay under any policy insuring the validity or vided however, that failure to notify shall in no priority of any mortgage or deed of trust shown or case prejudice the claim of any Insured unless the referred to in Schedule B hereof or any mortgage or 12 TheCompany fee specified on the cover of this policy is lll be actuallyextent judicedhufail d d of trust erexecuted bh itotal r title search and examination and for ure and then otly to timeof su prejudice which is a cars or lien on the land described or re t teirisurance