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HomeMy WebLinkAboutDeeds & Easements_18-1959E PLACE INTERNAL REVENUE STAMPS IN THIS SPACE Quitclaim Deed Affix I R S $ THIS FORM FURNISHED BY PIONEER TITLE INSURANCE COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ,-G- Z. Qqrtj.;5 and Eva A. Cu-rtiA. husband and Wi_fej ..a4!j Fayia Curti /RaX"r!_5_Qn., a married woman - hereby REMISE, RELEASE AND FOREVER QUITCLAIM to The CITY OF _WLM4DS, g muPICIP41 POrppratlon, the following describe std er Ri A4r�w n e state 60�alifornia, county of. Sap Be That certain water and water right consisting ,::, of the use and flow of the whole of the waters Of Mill Creek Zania; So-called, as the same customarily flows for a period of three hours, recurring every ten days) on the Curtis Water day, so-called, and being from 9 :00 O ' clock P.M. to 12.00 O ' clock P.M. , which were the hours at Old Town affected by the diversion of the Crafton Water Company at Crafton. Also any and all Water Contracts and Water Exchange Agreement Contracts with the City of Redlands of every nature, kind or character, saving and Excepting any rights which the standard Form of B Water RiGrantors now have or may obtain in any security for ght Contracts as PLPSI&ES9 pledged to them as any loan or loans, Dated. .1959 ___ Gam:_ � _ � STATE OF California Order No, Escrow No WHEN RECORDED MAIL TO CITY OF 4DLAMI.3 COUNTY Op San Bernardino Water Dept. Redland-S90ai. , O, ___ ---J121y 2ndj__1959 before me, the undersigned, a Notary Public in 'a_i'i(l_ fol SPACE BELOW FOR RECORDER S USE ONLY said County and State Personally ai3pearecl %,E.,_Curti'e I Eya A. Curt is and 98 -Yay .... Curtis RECORDED AT REQUWr OF . . ...... PIONEER TITLE INSURANCE CO. PHOTOSTATED JUL 8 1959 at U. knob m to 2ne to be the Person a whose name. - INDEXED subscribed to the within instrument and acknowledged that SOAKS PAA25 -they . executed the same OMGML REMMS WITNESS any hand and official seal Sm Bmadino G=*j C&M SEAL TM IL C&=ga- al'ABecudw (Seal) 'wow 74t(17'y Public 171 and fog srcid Couat aId State DBPUTY M-582 5-57 4 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE HAMS PACE523 GRANT DEED Affix I R. S $ THIS FORM PURNISKE13 By PIONEER TITLE INSURANCE COMPANY I J FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, •r- .G. E. Curtis and Eva A. Curtis, husband and wife and Faye Curtis � Harrison a married woman hereby GRANT (SD to The CITY- OF R-- ---- S, — municipal co-rporatzon_,- Water and Vater Ki hts the following described/Set� in the state o California, county of San Bernardino PARCEL 140. 1 That certain water and water right consisting of the use and flow of the whole of the waters of Mill Creek Zanja, so"called, as the same customar- ily flows for a period of two hours) recurring every ten days, on the Curtis water day, so-called,and being from 6:00 o ' clock P.M. to $.00 o ' - clock P.M. on said day, said two hours being a part of the same water right described in the Decree of Distribution in the Estate of Diary Henrietta Curtis, deceased, recorded December 20, 1915 in Book 5$1 of Deeds, page 341, distributing to George William Curtis , the hours of 6 :00 O ' clock P. M. to 12 :00 o' clock midnight on the Curtis water day. PARCEL N0. 2 : That certain water and water right consisting of the use and flow of the whole of the waters of Mill Creek Zana, so-called , as the same customar- ily flows for a period of two hours, recurring every ten days, on the Curtis water day, so-called, and being from 4:00 o' clock A.M. to 6:00 o' clock A.M. on said day, and being the water right described in the Deed from William Curtis and Mary Curtis, his wife, to George W. Curtis , dated June 9, 1$$5 and recorded June 9, 1$$5 in Book 41 of Deeds, page 179. Dated -June 29.th, 1959 i I , Order No.,;i.�:._��;'.y � Escrow No STATE OF-." . -a�. fOrnia, ---•.- WHEN RECORDED MAIL TO Q1 TY 02 R-FADLAND.' COUNTY OF San ] ernardin SS Water Dept. Redlands, Cal. On- July 2nd, 1959 - before me, the undersigned, a Notary Public in and for SPACE BELOW FOR RECORDER'S USE ONLY V said County and State, personally appeared el ( !I G.E.Curtis, Eva A. Curtis 9 -------- RECORDED AT REQU$$T OF art ..F�yg Cuxt�. H .�-oma f - -` P1OhEER TITLE INSURANCE G0. PHOTOSTATED -- .---..... JUL 8 2959 at8 A.M. INDEXED known to me to be the person-S whose name.s- ar-e BooK 4868 PAGE 523 subscribed to the within instrument and acknowledged that OFFICUL R=1M - ' h" executed the same Son Bio CvaW*# 0" WITNESS my hand and official seal T=ILCARPZ4TM Rumla SEAL (Sea ------------- ` LL'[Uil Notary Pubhc in and for said Comity and State rfJ M-584 5-57 a FORM P 21 4 57 y CLTA STANDARD COVERAGE POLICY COPYRIGHT 1950 Amount $20,000,00 Total Fee for Title Search, Examination Policy No 385171 and Title Insurance $174.00 PIONEER TITLE 117SURANCE COMPANY a corporation, herein called the Company, for a valuable consideration paid for this POLICY OF TITLE INSURANCE does hereby insure TIE CITY OF REDTANDS a raunicipal corpor°at:.on together with the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding -- - - - - - - - - - - -- -TJENTY THOUSAIM- - - - - - - - - dollars, which the insured shall sustain by reason of 1 'Title to the land described in SCHEDULE C being vested, at the date hereof, otherwise than as herein stated, or 2 Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, hens, encumbrances, or other matters shown or referred to in SCHEDULE B, or 3 Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in SCHEDULE B, or 4 Any defect in the execution of any mortgage of 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 5 Priority, at the date hereof, oven. any such mortgage or deed of trust, of any lien of encumbrance upon said land, except as shown in SCHEDULE B such mort- gage or deed of trust being shown in the order of its priority in PART TWO of SCHEDULE B; all subject, however, to SCHEDULES A, S, and C and the STIPULATIONS herein, all of which schedules and stipulations are hereby made a part of this policy In witness whereof, Pioneer Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the day and hour set forth in SCHEDULE A hereof PIO EER TITLE INSVRAN E COl>�PAE g [/ by = President 7A,-! � attest Ass€s ant—Seeretary —i7 This Policy consists of b rages,which are numb' red at t of each page Page I of Policy No 385171 P 2€ 4 57 (Copyright 1956) CLTA Standard Coveraqe Policy Vesting ?age SCHEDULE A On this 8th day of July in the year 1959 at 8:00 o'clock, a. m , the title to the land described in SCHEDULE C is vested in- THE CITY OF R.EDDU03 a municipal corporation SCHEDULE B This policy does not insure against loss by reason of the matters shown oz referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in Paragiapbs numbered 4 and 5 on page 1 of this policy PART ONE This part of SCHEDULE B refers to matters which, if any such exist, may affect the title to said land, but which are not shown in this policy 1 Tates or assessments which are not shown as existing liens by the records of any taxing agency or by the public records, and easements, liens, or encumbrances which are not shown by the public records 2 Bights or claims of persons in possession of said land which are not shown by the public records 3 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 or by a correct survey 4 Min= claims, reservations in patents, water rights, claims or title to water 5 Any laws, governmental acts or regulations, including but not limited to zoning ordinances restricting, regulating or prohibiting the occupancy, use or enjoyment of the land of any improvement thereon, or any zoning ordinances proliibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land, or the effect of any violation of any such restrictions, regulations or prohibitions PART TWO. This part of SCHEDULE B shows hens, encumbrances, defects and other matters affecting the title to said land or to which said title is subject 1st.- General and special taxes for the fiscal year 1.959-60, noir a 3.ien, but not yet payable. 2nd:- Any instruments, trusts, liens, easements and encumbrances, rights and claims of the parties in possession of all or any portion of the premises not shown by the Official Records of the County of San Bernardino. 3rd:- The covenants and provisions of that certain Agreement and Stipulation between the owners of water in Mill Creek Zama dated February 27, 1875 and recorded May 24, 1875 an Book "All of Agreements, Page 199, relating to the time of use, periods of recurrence, and points of diversion of the water of Mill Creek Zama, reference to which instrument is made for further particulars Page 2 of Policy No 385171 4th The effect of any existing agreement between the City of Redlands and the owners of water in dill Creek Zanja respecting the use and operation of the Zanja and substitution of water through the pipe line distributing system of the City of Redlands. 5th-- Rights th•- Rights and clams of users of the actual water in bh.11 Creek Zanja as tenants, or purchasers of said water or water substituted therefor, under any current rental agreement 6th-- This policy is issued on the assumption that the water right herein described as Parcel No. 1 was appurtenant to the following described lands designated as Tract "A", situated in or near Old Town, so-called, from the time of the agreement between water users recorded May 2h, 1875 in Book "A" of Agreements, page 1.99, up to and including May 1, 1926, and that subsequent to said date such water right ceased to be appurtenant to said lands in fact, although the ownership of such water was retained by George W. Curtis, the predecessor in interest of record of the vestees herein: Tract "Arc All that portion of sots 15 and 16, Block 56, and bots 15 and 16, Block 57, together with that portion of an unnamed street lying between Blocks 56 and 57, of the RANCHO BAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of daps, page 2, records of said County, described as follows: BEGINNING at a point in the East line of said Lot 16, Block 56; 1056 feet South of the Northeast corner of said Lot 16, Block 56, thence West 660 feet, more or less, to a point in the West line of .Lot 15, Black 56, which is 1056 feet South of the Northwest corner of said Lot 15, Block 56; thence South 528 feet; thence East 660 feet, more or less, to a point in the East line of Lo 1.6, Block 57; thence North 528 °f6et''to .the pbi t of°begiriniilg; 7th: This policy is issued on the assumption that the water right herein described as Parcel No. 2 was appurtenant to the following described lands in Tract "B" which were owned of record by George W. Curtis at the date of the conveyance to him of Parcel No. 2 in the deed from William Curtis and Mary Curtis, his wife, to George W. Curtis, dated June 9, 1885 and recorded June 9, 1885 in Boom 41 of Deeds, page 479. It appears that other lands adjacent to Tract "B" were acquired by George W. Curtis, and that the total holdings of Gorge W. Curtis at the time of his death consisted of the South 50 acres and the East half of the North 60 acres of Lot 2, Block 72, of the Page 3 of Policy No 385171 RANCHO SAN BERNARDINO. It is further assumed that the water right described in Parcel No. 2 ceased to be appurtenant to lands in Lot 2, Block 72 of the RANCHO SAN BERNARDINO, on May 1, 1926, and has not subsequently become appurtenant to any other lands. Tract "B" All that portion of Lot 2, Block 72, of the RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat thereof recorded in Book 7 of Maps, page 2, records of said County, described as follows. BEGINNING in the middle of a street 66 feet wide at a stake whish is North 15.10 chains from the Southeast corner of Lot 2, Bloch 72 of the RANCHO SAN BERNARDINO, the same being the Northwest corner of Louisa A. Plersonis home tract of 30 acres; thence North with the middle line of said street, 10 chains to a stake on a dividing lane between Lots 1 and 2 in said Block; thence West 20 chains to a stake on the dividing line between Lots 2 and 3 in said Block, and also in the middle of a 66 foot street running North and South; thence South 10 chains with said dividing line and middle of said street to a stake, the Northeast corner of 30-acre tract belonging to J. F. Sterling; thence East to the point of beginning. 8th.- This policy is issued only upon the following express agreements: (a) That the full flow of Till Creek Zanja is continuous and uninterrupted .from and below the point where it crosses the East line of the Barton Ranch, so- called; (b) That the point of diversion of the mater, the title to which is here -nsured, is West of the East line of the Barton Ranch, so-called; (c) That the water right here insured is subject to any existing use or diversion of the -waters of said Mill Creek, or any existing rights or claims therein, above and East of said East line of the Barton Ranch, so-called; (d) `"That substitution of'water from other sources than ill Creek by the City of Redlands, the Crafton Water Company, or other persons, shall not be construed as any diminution of the rights of the owners of record of the water in Mill Creek Zanja to receive said water in the quantities to which they are entitled and at the place at which said water was delivered and was entitled to be delivered on May 1, 1926 Page 4 of Policy No. 385171 P-21 4 57 (Copyright 1950) CLIA Standard Coverage Policy Description Page SCHEDULE C Nater and Water Rights Description of hmd in the county of San Bernardino State of California , title to which is insured by this policy PARCEL NO. 1:- That certain grater and grater right consisting of the use and flog of the whole of the waters of Mill Creek Zama, so-called, as the same customarily flows for a period of two hours, recurring every ten days, on the Curtis water day, so-called, and being from 6:00 otclock P.M. to 8:00 otclock P M. on said day, said two hours berg a part of the same water right described in the Decree of Distribution in the Estate of Mary Henrietta Curtis, Deceased, recorded December 20, 1915 in Book 581 of Deeds, page 341 distributing to George William Curtis, the hours of 6.00 otclock P.M. to 12:00 otclock midnight on the Curtis water day. PARCEL NO 2-- That certain water and water right consisting of the use and flog of the whole of the waters of Mill Creek Zanja,_.so-called,_ as the same customarily Plows for a period of two hours, recurring every ten days, on the Curtis grater day, so-called, and being from 4.00 o'clock A.M. to 6.030 otclock A.M. on said day, and being the water right described in the Deed from William Curtis and Diary Curtis, his wife, to George W. Curtis, dated dune 92 1885 and recorded June 9, 1885 in Book 41 of Deeds, page 479 L Page 5 of Policy No. 385171 P 21 4 57 (Copyright 1950) CLTA Standard Coverage Policy Stipulation Page STIPULATIONS 1 SCOPE OF COVERAGE insured The word 'knowledge" in this and costs which the Company is ob paragraph means actual knowledge and ligated hereunder to pay, and in no case This policy does not insure against and the does not refer to constructive knowledge or shall such total liability exceed the amount Company will not be liable for loss or dam notice which may be imputed by the public of this policy and said costs All payments age created by or arising out of any of the records under this policy shall reduce the amount of following (a) defects liens claims encum- the insurance pro tanto, and payment of loss brances, or other matters which result in no 3 NOTICE OF LOSS LIMITATION OF AC or damage to an insured owner of indebted pecuniary loss to the insured, (b) defects, TION ness shall reduce to that extent the liabil liens encumbrances or other matters created ity of the Company to the insured owner of or occurring subsequent to the date hereof said land Na pa went mnY be demanded by (c) defects, liens, encumbrances or other A statement in wasting of any loss or damage any insured without producing this policy mailers created or suffered by the insured for which 11 is claimed the Company is liable for indorsement of such payment claiming such loss or damage • or (d) defects under this policy shall be furnished to the liens claims encumbrances or other matters Company within sixty days oiler such loss existing at the date of this policy and known or damage shall have been ascertained 8 MANNER OF PAYMENT OF LOSS TO IN to the insured claiming such loss or dam No action or proceeding for the recovery of age either at the date of this policy or at any such loss or damage shall be instituted SURED the date such insured claimant acquired an or maintained against the Company until estate o interest insured by this policy un- after full compliance by the insured with all Loss under this policy shall be payable, less such defect, lien, claim, encumbrance the conditions imposed on the insured by this first, to any insured owner of indebtedness or other matter shall have been disclosed to Policy nor unless commenced within twelve secured by mortgage or deed of trust the Company in writing prior to the issuance months after receipt by the Company of such shown m Schedule B in order of priority of this policy or appeared at the date of this written statement the ein shown and if such ownership vests in policy on the public records Any rights or more than one payment shall be made rat ably as their respective interests may appear, defenses of the Company against a named 4 OPTION TO PAY SETTLE, OR COM and thereafter any loss shall be payable to insured shall be equally available against PROMISE CLAIMS the other insured and if more than one then any person or corporation who shall become an insured hereunder as successor of such to such insured ratably as their respective named insured The Company reserves the option to pay interests may appear If there be no such in- settle, or compromise for or in the name of sured owner of indebtedness, any loss shall the insured, any claim insured against or to be payable to the insured, and it more than 2 DEFENSE OF ACTIONS NOTICE OF AC Pay this policy in full at any time, and pay one, to such insured ratably as their respec- ment or tender of payment of the full amount live interests may appear TIONS OR CLAIMS TO BE GIVEN BY of this policy together with all accrued costs THE 114SURED which the Company is obligated hereunder to 9 DEFINITION OF TEEMS Pay, shall terminate all liability of the Com The Company at its own cost shall defend pany hereunder, including all obligations of the insured in all litigation consisting of ac the Company with respect to any litigation The following terms when used in this liens or proceedings against the insured or Pending and subsequent costs thereof policy mean defenses, restraining orders, or injunctions (a) named insured" the persons and smaria in against a foreclosure n of nindebtedness or sale af 5 SUBROGATION UPON PAYMENT OR at rtthisatio!c named as insured on page one the owner of which is insured yby this policy, SETTLEMENT (b) I?they insured'. such named insured .which litigation is founded upon a defect Whenever the Com n together with (1) each successor in owner hen encumbrance, or other matter insured a claim under this l y shall have settled ship of any indebtedness secured by any against by this policy and may pursue such policy, it shall be subrogor mortgage or deed of trust shown in Schedule litigation to final determination in the court ted to and be entitled to all rights securi B, the owner of which indebtedness is of last reso,t In case any such litigation ties, and remedies which the insured would named herein as an insured (2) any such shall became known to any insured, or En have had against any person or property owner or successor in ownership of any such case knowledge shall come to any Ensured in respect to such claim, had this policy not indebtedness who acquires the land do of any claim of title or interest which is ad- been issued If the payment does not cover scribed in Schedule C or any part thereof verse to the title an insured or which might the loss of the insured the Company shall by lawful means in satisfaction of said in cause loss or damage for which the Com be subrogated to such rights securities, and debtedness or any part thereof (3) any pany shall or may be liable by virtue of this remedies in the proportion which said pay- governmental agency or instrumentality policy, such insured shall notify the Company ment bears to the amount of said loss In acquiring said land under an insurance con thereof in writing IE such notice shall not be either event the insured shall transfer or tract or guarantee insuring or guaranteeing given to the Company at least two days be cause to be transferred to the Company such said indebtedness or any part thereof and Ear. the appearance day in any such litiga rights securities and remedies and shall (4) any person or corporation deriving an tion, or if such insured shall not, in writing, permit the Company to use the name of the estate or interest in said land as on heir promptly notify the Company of any defect, insured in any transaction or litigation in or devisee of a named insured or by reason lien encumbrance or other matter insured volving such rights, securities or remedies of tate dissolution, merger, or consolidation against or of any such adverse claim which at a corporate named insured shall come to the knowledge of such in 6 OPTION TO PAY INSURED OWNER OF (c) land the land described speeifi sured, in respect to which loss or damage is INDEBTEDNESS AND BECOME OWNER OF tally or by reference in Schedule C and im apprehended then all liability of the Com provements affixed thereto which by law .puny as to...each.insured having..such.know] SECURITY :,; - -- --- constitute real property; edge shall cease and terminate, provided (d) date the exact day, hour and however, that failure to so notify the Cam The Company has the right and option, in minute specified in the first line of Schedule pany shall in no case prejudice the claim of case any loss is claimed under this policy A (unless the context clearly requires a any insured unless the Company shall be by an insured owner of an indebtedness se different meaning) actually prejudiced by such failure The Com cured by mortgage or deed of trust, to pay (e) 'taxing agency' the State and each pany shall have the right to institute and such insured the indebtedness of the mart- county city and county, city and district prosecute any action or proceeding or do any gagor or trustor under said mortgage or in which said )and or some part thereof Is other act which in its opinion may be nates deed of crust together with all costs which situated that levies taxes or assessments on nary or desirable to establish the title, or any the Company is obligated hereunder fo pay, real property• insured lien or charge,as insured In all cases in whicfx case the Company shall become (f) public records those public rec- where this policy permits or requires the the owner of and such insured shall at ords which under the recording laws, im Company to prosecute or defend any action once assign and transfer to the Company part constructive notice of matters relating to or proceeding the insured shall secure to it said mortgage or deed of trust and the in said land in writing the right to so prosecute or defend debtedness thereby secured and such pay much notion or proceeding, and all appealsment shall terminate all liability under this ,herein, and permit it to use at its option policy to such insured 10 WRITTEN INDORSEMENT REQUIRED TO the name of the insured for such purpose CHANGE POLICY Whenever requested by the Company the y PAYMENT OF LOSS AND COSTS OF insured shall assist the Company in any such action or LITIGATION INDORSEMENT OF PAYMENT be provision or condition a this writing can proceeding, in effecting settle be waived or changed except by writing in- ment, securing evidence obtaining witnesses ON POLICY darned hereon or attached hereto signed by prosecuting or defending such action or pro the President a Vice President the Secretary, ceeding to such extent and in such manner The Company will pay in addition to any or an Assistant Secretary of the Company as is deemed desirable by the Company and loss insured against by this policy all costs the Company shall reimburse the insured for imposed upon the insured in litigation car any expense so incurred The Company ried on by the Company for the insured and 11 NOTICES WHERE SENT shall be subrogated to and be entitled to in litigation carried on by the insured with all costs and attorneys fees incurred or ex- the written authorization of the Company, All notices required to be given the Company pended by the Company, which m be re but not otherwise The liability of the Com and any statement in wilting required to be coverable by the insured in any litigation pangy under this policy shall in no case ex furnished the Company shall be addressed carried on by the Company on behalf of the teal, in all, the actual loss of the insured to it at the office which issued this policy Page 6 of Pola.cy No. 385171