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HomeMy WebLinkAboutDeeds & Easements-12-74 RDA_CCv0001.pdf W�"E" 01 YCOLDIVELL BANKER Eserow Qgy f. ,# 533 S. Fremont Avenue, Los Angeles, Ca. 90017 -613-3434_ Redlands Redevelopment Agency Date "ovember 191 1974 O P.O. Box 280 61931 Escrow No. f W Redlands, _Calif. 92373 ,tF7 atten. Mr. R. F. Merritt, Jr. p ret leasehold property, car ;gash {t qty# o ��4 { ;ff In connection with our above numbered escrow,we enclose !v herewith the items checked below: { XX s Original Policy of Title Insurance. � t ! r Vkry tru y tars, . L. Gill/cl ME-021 Escrow Officer f T:. �v R i e i s� hMER � � c 146� ti f First American Title Company of San Bernardino 323 COURT STREET SAN SERNARDINO, CALIFORNIA 92401 (714) 889-0311 NOTE: THIS CONTAINS IMPORTANT INFORMATION ABOUT THE REAL ESTATE TRANSACTION YOU HAVE JUST COMPLETED The attached is your Policy of Title Insurance issued by First American Title Insurance Company. It is your guarantee of own- ership. If you sell or obtain a loan on this• property within 24 months, FIRST AMERICAN TITLE MAY REDUCE THE USUAL POLICY RATE--as much as 20 per cent. To be sure you obtain this savings, you should request that the escrow officer forward this letter to us with the order for title insurance, as the number shown below has been assigned to your property and wilt assure you of the most prompt service. We appreciate the opportunity of serving you and will be glad to assist you in any way. Remember PROTECTION OF YOUR PROPERTY IS YOUR FIRST CONSIDERATION--ANO OURS. q od NSURANCE POLICY NO. S l y'- J S AMER " Form No.1084(10/73) California Land Title Association Standard Coverage Policy Form Copyright 1973 POLICY. OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open,street or highway if the land,in fact,abuts upon one or more such streets or highways; and in addition,as to an insured tender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF,First American Title Insurance Company has caused this policy to be signed and sealed by its duty authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company upi(sluR BY PRESIDENT IS63 r. 4 ATTEST SECRETARY B C 'j (i 1 (5 5 CONDITIONS AND STIPULATIONS FINITiON OF TERMS (iia) the amount paid by any governmental interest or the tion of the insured mortgage, as in- s following terms when used in this policy agency or instrumentality,if such agency or instru- cured, including but not limited to executing cor- mentality is the insured claimant, in acquisition of rective or other documents such estate or interest in satisfaction of its insur- "insured": the insured named in Schedule ance contract or guaranty. 4. PROOF OF LOSS OR DAMAGE — ?' 1, subject to any rights or defenses the Com (b) CONTINUATION OF INSURANCE LIMITATION OF ACTION may have had against the named insured, who succeed to the interest of such insured AFTER CONVEYANCE OF TITLE in addition to the notices required under Para eration of law as distinguished from purchaseThe coverage of this policy shall continue in graph 3 (b) of these Conditions and Stipulations,a ling,but not limited to,heirs,distributees,de- force as of Date of Policy,in favor of an insured so proof of toss or damage,signed and sworn to by the } survivors, personal representatives, next of long as such insured retains an estate or interest in insured claimant shall be furnished to the Cam i w corporate or fiduciary successors- The term the land,or owns an indebtedness secured by a pur- pang within 90 days after the insured claimant to red"`also includes(i)the owner of the indebt- chase money mortgage given by a purchaser from shall ascertain m determine the facts giving rise damage a secured by the insured mortgage and each such insured, or so long as such insured shall have shalluch doss or damage. Such proof of ions u damage ssor in ownership of such indebtedness (re- liability by reason of covenants of warranty made shat! describe the defect to a+sur or encumbrance ig, however, all rights and defenses as to any by such insured in arty transfer or conveyance of on the title,or other matter Insured against by this #: successor who acquires the indebtedness bypolicy which constitutes the basis of loss or such gate or interest provided, however, this dam- stion of law as described in the first sentence age, and, when appropriate, state the basis of f,; its subparagraph ( that the Company would policy shall not continue in force in favor of any calculating the amount of such loss or damage. hada Inst the successor's transferor), stud purchaser from such insured of either said estate or i interest or the indebtedness secured by a purchase Should such proof of loss or damage fail to ler includes (ii) any governmental agency or money mortgage given to such insured. state facts sufficient to enable the Company to umentality which is an insurer or guarantor determine its liability hereunder, insured claimant, rr an insurance contract or guaranty insuring or 3. DEFENSE AND PROSECUTION OF at the written request'of Company, shall furnish gnteeing said indebtedness,or any partthereof, ACTIONS — NOTICE OF CLAIM TO BE such additional information as may reasonably be ' cher named as an insured herein or not, and GIVEN BY AN INSURED CLAIMANT necessary to make such determination, the parties designated in paragraph 2 (a) of (a) The Company,at its own cost and without a Conditions and Stipulations. No right of action shall accrue to insured i^ undue delay, shall provide for the defense of an claimant until 30 days after such proof of loss or b) "insured claimant": an insured claiming insured in litigation to the extent that such liti- damage shall have been furnished. ' or damage hereunder. gation involves an alleged defect, lien, encum- Failure to furnish such proof of loss or damage } c) "insured lender": the owner of an insured brance or other matter insured against by this shall terminate any liability of the Company under tgagg. policy. this policy as to such loss or damage. (d) "insured mortgage": a mortgage shown in (b) The insured shall notify the Company edule B, the owner of which is named as an in- promptly in writing (i) in case of any litigation as 5. OPTIONS TO PAY OR OTHERWISE SETTLE ! W in Schedule A. set forth in (a) above, (ii) in case knowledge shall CLAIMS AND OPTIONS TO PURCHASE IN— come to an insured hereunder of any claim of title DEBTEDNESS (a) "knowledge": actual knowledge, not con- or interest which is adverse to the title to the estate The Company shalt have the option to Ray or , ictive knowledge or notice which may be in- or interest or the lien of the insured mortgage, as ed to an insured by reason of any public records. insured, and which might cause loss or damage for claimsotheriso settle for or in the name of an insured t which the Company may be liable by virtue of this claimant any [Iain insured against, or to ter ny ) (f) "land": the land described,specifically w Hata all liability and obligations of the Company reference in Schedule C, and improvements af- policy,or(iii)if title to the estate or interest or the hereunder by paying or tendering payment of the tion of the insured mortgage,as insured, is rejected amount of insurance under this ed thereto which by taw constitute teat property; policy together . Nided, however, the term "land" does not in- as unmarketable. if such prompt notice shall not with 'any costs, attorneys' fees and expenses in- ; ids any area excluded by Paragraph No. 6 of be given to the Company, then as to such insured curred up to the time of such payment or tender K!of Schedule B of this Policy. all liability of the Company shall cease and termi- of payment by the insured claimant and authorized nate in regard to the matter or matters for which by the Company. In case loss or damage is claimed (g) "mortgage": mortgage, deed of trust, such prompt notice is required;provided,however, under this policy by the owner of the indebtedness ist deed, or other security instrument that failure to notify shall in no case prejudice the secured by the insured mortgage,the Company shall ` (h) "public records": those records which by rights of any such insured under this policy unless have the further option to purchase such indebted- the Company shall be prejudiced by such failure ness for the amount owingthereon together na impart constructive notice of matters relating and then only to the extent of such prejudice. all costs, attorneys' fees ad expenses hi the land. h the ) (c) The Company shall have the right at its Company is obligated hereunder to pay. If the (a) CONTINUATION OF INSURANCE ) AFTER CONTINUATION ION OF TITLE BY own cost to institute and without undue delay Company offers to purchase said 'indebtedness as prosecute any action or proceeding or to do any herein provided, the owner of such indebtedness INSURED LENDER other act which in its opinion may be necessary or shall transfer and assign said indebtedness and the If this policy insures the owner of the indebt- desirable to establish the title to the estate or inter- mortgage and any collateral securing the same to i mess secured by the insured mortgage,this policy est or the lien of the insured mortgage,44nsurad; the Company upon payment therefor as herein i •call continue in force as of Date of Policy in favor and the Company may take any appropriate action, provided. Upon such offer being made by the f such insured who acquires all or any part of the whether or not it shall be liable under the terms of Company, all liability end obligations of the Com- state or interest in the land described in Schedule this policy, and shalt not thereby concede liability pany hereunder to the owner of the indebtedness by foreclosure, trustee's sale, conveyance in lieu or waive any provision of this policy. secured by said insured mortgage, other than the 6 foreclosure, or other legal manner which dis- obligation to purchase said indebtedness pursuant :barges the lien of the insured mortgage,and if such (d) Whenever the Company shall have brought to this paragraph,are terminated. nsured is a corporation,its transferee of the estate any action or interposed a defense as required or x interest so acquired, provided the transferee is permitted by the provisions of this policy, the 6. DETERMINATION AND PAYMENT O.LOSS :he parent or wholly owned subsidiary of such in- Company may pursue any such litigation to final (a) The liability of the Company under this aired; and in favor of any governmental agency or determination by a court of competent jurisdiction policy shall in no case exceed the least of: instrumentality which acquires all or any part of the and expressly reserves the right, in its sole discre- (i) the actual loss of the insured claimant; estate or interest pursuant to a contract of incur- tion,to appeal from any adverse judgment or order. or Brice or guaranty insuring or guaranteeing the in- (e) In all cases where this policy permits or re- (ii) the amount of insurance stated in debtedness secured by the insured mortgage. After quires the Company to prosecute or provide for Schedule A, or, if applicable, the amount of in- any such acquisition the amount of insurance here- the defense of any action or proceeding, the in- surance as defined in paragraph 2 (a) hereof: or under, exclusive of costs, attorneys" fees and ex- sured hereunder shall secure to the Company the (iii) if this policy insures the owner of the penses which the Company may be obligated to right to so prosecute or provide defense in such indebtedness secured by the insured mortgage,and pay,shall not exceed the least of: action or proceeding, and all appeals therein, and permit the Company to use,at its option,the name provided said owner is the insured claimant, the (i) the amount of insurance stated in amount of the unpaid principal of said indebted- Schedule A; of such insured for such purpose. Whenever tee ness, plus interest thereon, provided such amount quested the Company, such insured shat! give shall not include any additional principal indebted- (ii) the amount of the unpaid principal tots Company,at the Company's expense,sit reason- ness created subsequent to Data of Policy, except as to amounts a of the indebtedness plus interest thereon,as deter- able aid (1) in any such action or proceeding in advanced to protect the lien x the mined under paragraph 6 (a) (iii) hereof, expenses effecting settlement, securing evidence, obtaining insured mortgage and secured thereby, of foreclosure and amounts advanced to protect witnesses, or prosecuting or defending such action the lien of the 'insured mortgage and secured by or proceeding, and (2) in any other act which in (b) The Company will pay, in addition to am said insured mortgage at the time of acquisition of the opinion of the Company may be necessary or toss insured against by this policy, all costs i such estate or interest in the land;or desirable to establish the title to the estate or posed upon an insured in litigation carried or (Continued on inside bac! CONDITIONS AND STIPULATIONS i inuod from imide front cover) ;ompany for such insured, and all costs, or (b) a mortgage hereafter executed by an insured 11. LIABILITY LIMITED TO THIS POLICY eys' fees and expenses in litigation carried which is a charge or lien on the estate or interest such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all endorse- such Company. amount so paid shall be deemed a payment under and other instruments,if any,attached here- The Company shall have the option to tto o bby i this policy. y the Company is the entire policy and con- When the amount of loss or damage has apply the payment of any such mortgage any tract between the insured and the Company. definitely fixed in accordance with the con- amount that otherwise would be payable hereunder Any claim of loss or damage, whether or not is of this policy, the loss or damage shall be to the insured owner of the estate or interest cov- based on negligence, and which arises out of the zle within 30 days thereafter. ered by this policy and the amount so paid shall be .status of the lien of the insured mortgage or of the IMITATION OF LIABILITY deemed apayment under this policy to said insured title to the estate or interest covered hereby, or owner. any action asserting such claim, shall be restricted o claim shall arise or be maintainable under The provisions of this paragraph 9 shall not to the provisions and conditions and stipulations of lolicy(a)if the Company,after having received apply to an owner of the indebtedness secured by this policy. ;a of an alleged defect,lien or encumbrance in- the insured mortgage, unless such insured acquires No amendment of or endorsement to this J against hereunder, by litigation or other- title to said estate or interest in satisfaction of said policy can be made except by writing endorsed , removes such defect, lien or encumbrance or indebtedness or any part thereof. hereon or attached hereto signed by either the Ashes the title,or the lien of the insured mort- President, a Vice President, the Secretary, an , as insured, within a reasonable time after 10. SUBROGATION UPON PAYMENT OR Assistant Secretary,or validating officer or author- ipt of such notice;(b)in the event of litigation SETTLEMENT ized signatory of the Company. I there has been a final determination by a -t of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing ippeals therefrom,adverse to the title or to the settled a claim under this policy, all right of sub- this policy for endorsement of such payment ur, of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in which case A in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished intarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. -lout prior written consent of the Company. mortgage may release or substitute the personal 12. NOTICES, WHERE SENT liability of any debtor or guarantor, or extend or REDUCTION OF INSURANCE; TERMiNA— otherwise modify the terms of payment, or re- All notices required to be given the Company TION OF LIABILITY lease a portion of the estate or interest from the and any statement in writing required to be fur- lien of the insured mortgage, or release any nished the Company shall be addressed to it at its All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana, nt made for costs, attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued 11 reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy. wiled,however,if the owner of the indebtedness to the title to the estate or interest or the priority ured by the insured mortgage is an insured here. of the lien of the insured mortgage and does not der,then such payments,prior to the acquisition result in any loss of priority of the lien of the in- title to said estate or interest as provided in sured mortgage. The Company shall be subrogated ragraph 2 (a) of these Conditions and Stipula• to and be entitled to all rights and remedies which ons, shall not reduce pro tanto the amount of the such insured claimant would have had against any iurance afforded hereunder as to any such in, person or property in respect to such claim had this red, except to the extent that such payments policy not been issued, and the Company is here- duce the amount of the indebtedness secured by authorized and empowered to sue,compromise r such mortgage. or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- Payment in full by any person or voluntary pany. If requested by the Company, the insured tisf action or release of the insured mortgage shall shall execute any and all documents to evidence rminate all liability of the Company to an insured the within subrogation. If the payment does not caner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com- iortgaga, except as provided in paragraph 2 (a) pany shall be subrogated to such rights and reme- areof. dies in the proportion which said payment bears to LIABILITY NONCUMULATIVE the amount of said loss,but such subrogation shall be in subordination to an insured mortgage. if loss It is expressly understood that the amount of should result from any act of such insured claimant, tsurance under this policy,as to the insured owner such act shall not void this policy, but the Com- f the estate or interest covered by this policy,shad pany, in that event, shall as to such insured to reduced by any amount the Company may pay claimant be required to pay only that part of any oder any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed eferred to in Schedule B hereof which is a lien the amount, if any,lost to the Company by reason m the estate or interest covered by this policy, of the impairment of the right of subrogation. un POLICY OF TITLE INSURANCE AMEN ti> 4 First American Title.insurance Company HOUR OFFICts SANTA ANA CAI FORNW (",I Sy«.�� Form o.1084—R i ti��{ CLTA Standard Coverage Policy Copyright—1973 M3 S s f�S SCHEDULE A Tota{ Fee for Title Search, Examination kf g", and Title insurance $ 446 . 07 7213 x Amount of Insurance: $ 175 ,000. 00 Policy No. 654128 J 1{f Date of Policy: November 1, 1974 at 8 : 00 A.M. ix irr 1. Name of Insured: { g� r �r SOUTHERN PACIFIC TRANSPORTATION COMPANY r �J 2. The estate or interest referred to herein its at Date of Policy vested in: SOUTHERN PACIFIC TRANSPORTATION COMPANY. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A fee -2- Form No.1084—B CLTA Standard Coverage Policy Copyright—1973 SCHEDULE B 654128 This policy does not insure against loss or damage,nor against costs,attorneys fees or expenses,any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water. 6. Any right,title, interest, estate or easement in land beyond the lines of the area specifically described or referred.to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. S. Defects, liens,encumbrances,adverse claims,or other matters(a) created,suffered,assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: 1, General and Special taxes for the fiscal year 1974-75: First Installment: $12 ,091. 37 Second Installment: $12 ,091. 37 -3- - SCHEDULE "B" (continued) 654128 2 . An easement for the hereinafter specific purpose and incidental purposes, recorded in Book 28 , page 233 , of Deeds, .and in Book 29, page 65 , of Deeds. Said easement is for pipe lines and cannot be located from the record. 3. An indenture, securing its first mortgage bonds dated July 1, 1945 , and recorded November 7, 1945 , in Book 18145 , page 1, Official Records , by and between the Southern Pacific Railroad , Co. , to the Chase National Bank of the City of New York, as trustee: NOTE: The First, second and third Supplemental Indentures, each dated as of January 1, 1946 , the fourth Supplemental Indenture dated as of March 1, 19460 the fifth and sixth Supple-mental Indenture, each dated as of September 27 , 1955 . Southern Pacific Company (merged from Southern Pacific Railroad Co. , in Book 5590, page 10) executed and delivered to the trustee the seventh Supplemental Indenture dated as of October 4, 1950'. The eighth Supplemental Indenture dated as of October 1, 1956 and the ninth Supplemental Indenture dated as of November 1 , 1961. The tenth Supplemental Indenture dated as of November 26, 1969 by and between Southern Pacific Transportation Company, (successor by merger to Southern Pacific Company) a corporation, the party of the first part, and the Chase Manhatten Bank (successors to the Chase National Bank to the City of New York as trustee) recorded January 9 , 1970, in Book 7369, page 454 , Official Records. 4. An Action started November 26, 1973 , in the Superior Court of the County of San Bernardino, State of California, Case No. 159707. Plaintiff: Redevelopment Agency of the City of Redlands California, a public body, corporate and politic Defendant: Southern Pacific Railroad Company, a corporation, et al to condemn and take real property by right of eminent domain. Notice of pendency of said action was recorded November 27 , 1973 , in Book 8315, page 1279 , Official Redords . -4- aai'Poiicy Forks SCHEDULE C 554128 The lend refened to in this policy is situated in the State of California County of San Bernardino and is described as follows. That portion of Lot 28 , Block 77 , RANCHO SAN BERNA.RDINO, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 7 of naps, page 2 records of said County, described as follows: COMMENCING at a point which is 10 feet West of a stake which marks the Southeast corner of the East 112 of the Northeast 1/4 of the ` South 1./2 of said Lot 28 , Block 77 , said point also being on the West kine of Orange Street; thence North along the West line of Orange Street 0 feet to: the trues point of beginning; thence continuing North along.. the West line of said. Orange Street, a distance of 152-3/12 feet,' thence at right angles West , a distance of 270 feet to the. East line of Fourth Street; thence South along; the East line of Fourth Street, a distance of 152-3112 feet; thence at right angles : apt , distance of 270 feet to the true point of beginning. EXCEPTING THEREFROM that portion of said: Lot 28, Black 77, RANCHO SAN BERNAFRDINO, as deeded to the County of San Bernardino, by deed recorded February 20, 1888 , in Book 70 of Leeds, page 150, records of said County. Said property is shown on Record of Survey, recorded in Book 22 page 61, Records of Survey.