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HomeMy WebLinkAboutDeeds & Easements_K-117 / l-5 G. / ' RECORDING REQUESTED BY WHEN RECORDED, MAIL TO CITY 0.F REDIMDS Ralph P. Merritt City Hall Redlands, Calif. RECORDED AT REQUEST OF PIONEER TITLE INSURANCE CO. DEC 12 1960 at 8 A.M. BOOK 5302 PAGE 57 5 4FFIMI', UOORD$ San Bernardino County, diiiti T D 11. C.Aallierhat Recorded! BOOK5302 pii115 PIiO1OS1AI a SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed man For a Valuable Consideration, the receipt of which is hereby acknowledged, do hereby GRANT to '` 7, REDLANDS a Municipal corporation of the State of California all that real property situated in the County of San Bernardino , State of California, described as follows: All that portion of the Southeast 1/4 of Block 20, BARTON RANCH, in the County of San Bernardino, State of California, as per plat recorded in Book 6 of Maps, Page 19, described, as follows: BEGINNING at a point in the Westerly lire of Tennessee Street, 100 feet South of the State Highway as it now exists; thence North 71° 47' West, 350 feet parallel with said State Highway; thence South 100 feet parallel with the West line of Tennessee Street; thence North 71 47' Vest, to a point in the West line of the Southeast 1/4 of said Block 20; thence South to the Southwest corner of said Southeast 1/4; thence East to the Southeast corner of said Southeast 1/4; thence North to the point of beginning. IN' AMU1+ eletTWEINITY cr uTS Dated November 22, 1960 STATE OF CAL ORNI COUNTY OF___ y/6e.% }S On 4L�.a'1fi �d�../_ e_, before me, the unde igne& a Notary Public for California, personally appeared \2'-C e_ �'7'�� 6- t_ County, _-4 known to me to be the acknowledged that WITNESS my hand (Seal) ,i _e 3423 ESC 2564 6 88* P.S. erson'S....whose name ,....executed the same. official seal. subscribed to the within instrument and Notary Public My Commissic. ar. 18, L. BOOK 53O2 PAGE 5 . CERTIFICATE OF ACCEPTANCE This is to certify that the intereat in real property conveyed by Deed of Grant dated November 22, , 19 60 , from }ToseIlh R. tiicarci 3j si ekc Paul A. Ricard , to the City of Redlands, a political corporation and/or governmental agency is hereby accepted by order of the City Council on November 22 19 in , and the Grantee consents to re— cordation thereof by its duly authorized officer. Dated: December 7 , 19 60 . OFFIii OF 011nicTO. OF POOMO Walnut! • CITY a/ ACa}Aveai • CALI.OlnNIA December 7, 1960 Security First National bank Post Office Box 20 Redlands, California Attention: Gladys Hard Dear Mims Hardy e I have just examined the pre -title report regarding property held in the vestee, Joseph R. Rioard and Paul A. Rioard, your order No. 421956. All the exceptions appear to be in order: however, 1 would like to check on the possibility of a quiet title action regarding Item 4. I have attempted to contact Mr. Vander Linde and have been unsuccessful. Vill you please advise me an this. Yours truly, JOHN JO NES Director of Public works JJ%l cc if R. P. Merritt, Jr. Assistant City Manager SECURITY FIRST NATIONAL BANK Fred. Workma na City D an ago r City Hell Redlands , Calif° rn i a TTENID, Kait : RALPH PE RRI. TT , IDEST 'EY DAR AO ER Redl and s Branch Red lan s California De c en:be r 1 2 , 19 6C) Escrow No. 3211-1.011.41 In connection with the above numbered escrow, the items indicated below are enclosed herewith Note for $ Duplicate Deposit Slip for $ Escrow Statement ( Check for $ 3.73 Title Policy No. Fire Policy No. for $ Fire Policy No. for $ Receipt for ,L t IS all 1960 tax Over change f or re cordi ng do camera ts — fee waived, on r sax:frit D e ed We will send Ti tle Po 11 ay es soon a s re ceived .from tittle company Recorded documents to which you are entitled will he mailed to you by the County Recorder. Any other documents to which you are entitled, will be sent you as soon as they are available. Title and Fire Insurance Policies, if any, are usually held by the party holding the first encumbrance. Paid Notes and Trust Deeds are held by the Trustee. COUNTY TAXES ON REAL PROPERTY BECOME DELINQUENT AS FOLLOWS: First Instalment after December 10, and Second Instalment after the following April 10. If Buyer does not receive a Tax Bill one month prior to the delinquency date, a written request for same should be made to the County Tax Collector; include legal description. Where Lenders impound funds for payment of taxes they usually secure the Tax Bill. Some cities and districts collect their own taxes, which may have different delinquency dates. Our files indicate the following: A payment on the loan (s) of record is due as shown below : AMOUNT DATE DUE IN FAVOR OF (or held collection by) ADDRESS insurance Company Policy No. Amount of Coverage Expiration Date Please accept our thanks for this opportunity to serve you. We trust that we may continue to be of service to you. Yours very/truly SECUI,ITY,FIRST NATIONAL BANK/ Received the enclosures: Date G lady „ Reseda , Escrow' 1:afbm IF A COPY of this letter is enclosed, please receipt for the enclosures on the copy and return it to us. 2137 ESC 2550 6.58* 100 10Y Tronsrnittel Letter BUYER'S COPY 14111004 Receipt CALIFORNIA REAL ESTATE ASSOCIATION STANDARD FORM . California, Received from , , „.- ........ .... Totira Posaitiriss 61 tarsi Vas I 00 herein collect iteyer, the sum of tZ 00 00 Dollars ($ , , evidenced by cash 0, personal check — . ... as deposit on account of purchase price .... ..... . ...... .................. tehirtar•-•=4,011;--Theilear jaw.s me_ 00 6, T for the purchase of property, situated in. . -.....--..4 . --,, . , ... . ...... ....-- .... „ , County of . . ....iiiV..rP614' 44 n.9 ... .' .„„„._.„, ..... ..... ,...... ., , California, described as fo((owss . ... Ali Q.t., the .re.ea...hropierty now. awnettd 1:tY.:. leaki.ph...E,...axed....Ihetel1........iti.aletd__111:hate.e, erge.„the....111.„..c...orn.er.„..o.f.....T.areeess.he.a....and....2...eies....htz t.p.t, ....... iCi,....4..air,,,...O.W.......44,4...4444:p.ove.d.,..„ 4.....#4....„44,y4.4a., .....„......._....... Surer will deposit le escrow with , 4e etiXt4 t',"" Fitt'ti, it iit17rIal " 03Z1701it '' ' ' ... .r — .. * ... — . -- .... ---.......--.-....„-------. ..... .... the balance of the purchase prke within, ....... ,...Z2.....,...clays from date of acceptance hereof by Seller, as follows: , . 1. . .... e-..--, +--------- .......... ....... „ tee hes, e. ..... ........ .. . ........... .......... ......... ...... ....... ... yn .......... r.. ...» .......... ...... ......... .... ..... ..... 11+ .............. ..... ..,n, ...... . " .... — ...... - (1) If Buyer falls to pay the balance of said purchase price, or to complete scald purchase as herein provided, the amounts paid hereon may be retained by Seller at his option as consideration for the execution of this agreement by Seller. (2) Title Is to be free of liens and encumbrance other than those set forth herein. Title subject to .re.attelsetel.one..,....r.e.seareatiew.4 .. el, e'flt7e4 Qr wky wall es9/4 Pole r VI (,It re..,0‘0`'"gt - A ''''. TITLE COMPANY Evidence of title 6hall be a California Land Title Association standard coverage form policy of title insurance Issued through , ........ . .. . . . OF SAN BERNARDINO ., to be paid for by holeser If Seller is unable to convey a marketable title, except as herein provided, within 'three months after acceptance hereof by Seller, or if the improvements on said property be destroyed or materially damaged prior to transfer of title or delivery of agreement of sale, then upon the demand of Buyer, said deposit and all other sums paid by Buyer shall be returned to Buyer, and this agreement as between Buyer and Seller shoil be of no further effect, and Seiler thereupon shall become obligated to pay all expenses Incurred in connection with examination of title. (2) Taxes, premiums on insurance acceptable to Buyer, rents, interest and other expenses of said gropstrligi shall be re -rated as of the date of transfer of title or delivery of agreement of sale, The amount of any bond or assessment which is a lien shall be paid by . Z)(4.4"i'Clir.P... 4kg ari.I, except that the amount of any delinquency now existing shall be paid by Seller. Seller shall pay cost of revenue stamps on deed and any expense connected with the removal of title defects. (4) Possession of said property to be delivered to Buyer on closing escrow 0, or not later than days after closing escrow D. .. .. ..... ee• ..„ .„ . , ...... .......,,,,, ..-... ... , . , . - . -.............-- - (5) This offer shall be deemed revoked unless accepted in writing within_ ........ .........,1 ...... . ...... ....-.........._ ...... days after date hereof, and such acceptance is communicated to Buyer within said period. (6) Time is of the essence of this contract, but Broker may, without notice, extend for a period of not to exceed one month the time for the performance of any act hereunder, except the tirne For the acceptance hereof by Seller and dote of possession. ,.. By " • \ k, Real Estate Broker Address • , .. Telephone , ' iv . . , . FY. 1 2, iiedl„ ands _ . .... .. . , . , (,' The undersigned Buyer offers and agrees to buy the above described property on the terms and conditions above stated and acknowledges receipt of a copy hereof. Address Telephone .. eisfes „se7 /3. fleYer k take One irt name of a141:144114.6 44X41:24140. 104,a 431.44144. .. • ".•te. .•«• -« • •,-, Y.`., 4' ... Please Print ACCEPTANCE The undersigned accepts the above offer and agrees to sell the property described thereon on the terms and conditions therein set forth. The undersigned agrees to pay Broker therein named and employed by the undersigned to sell said pro erty 2511s p as comm ss on the sum af A ' esei„ hoe. ehhes" ' offtollars itt ' such one-half shall not exceed the full amount tJ or one-half of the arMturdi by Minnie' to 'the eiebitt ifie"Sarrie is'fo felted/TM Vsaid commission. The undersigned acknowledges receipt of a copy hereof. Dated Copyrighi, 1954, by California Real Estate Association. Ail Rights Reserved, Revision Approved 4-24-54 -` ....•`•.•e, •,,.... ...... 21.... aucetheat ars _elf_ ........... — . Address.. Stkritt,g, ses Lleaa ..... „ Telephone 1-5.2.01.0 .. ........ ....... .. la ow STATEMENT SECURITY FIRST NATIONAL BANK ESCROW No 32 .-1011 H Redlands TO City of Redlands Property. / BRANCH 12 DOCUMENTS RECORDED 60 19 Debits Credits _Depcwits -- Cady $ $ 38 , 565.67 Total Consideration for — Deed Note 38,500 00 Paid Outside of Escrow (as itedicated in escrow instructions) /Unpaid Principal Balance — Trust Deed of Record New Note end Trust Deed Intrreat $ @ % from to FHA Mtg. Ins. $ 1 yr. from to Taxes $ .52 £mo. from 12/1 /60 to 1/1/61 7 92 Rents $ mo. from to PRO. RATA Ins. $ Prem. $ from to _yr. Commission---------------� Payoffs B_efi enciery's Fee for Furnishing Demand and/or Statement Water Stodt Transfer Fee Impounds: FHA Mortgage Insurance, Taxes & Assessments and Fire Insurance Bldg. A/C Mechanics' Lien Report Recording Notice of Completion Title Company's Charge for Title Policy RrcQnveyance Fee Revenue Stamps Recording Deed Trust Deed Reconveyance ii _.. Recording Taren Assessments Tax Service Insurance l Additional Insurance Extended Coverage Transfer and/or Mortgage Clause Real Estate Loan Fee Escrow Fee on Sale Purchase Loan Exch. 54.00 Drawing Deed Trust Deed Drawing Notary Fees Deposited to the Account of Check Herewith 3.75 Balance Dias This Bank SAVE FOR INCOME TAX PURPOSES TOTAL $ 38,565.67 $ 38,5654:.7. 23es ESC 2336 a-sa* too ICY The County Recorder his been advised of the sddres to which you wish your recorded documents mailed. SECURITY FIRST NATIONAL BANK Credit S. F. N. Escrow Funds Account No. 099-028 Escrow Ni Checks For, On Mak s. On Maker Received above from: To be used in accordance with w'ri to said escrow. wing notes, drafts. nh ks and other items for galleetlon, satires in the usual manner for collection„ either to the s same are drawn. or to sueh bank or persons as it may i3 Glta express: understanding that the same is done solely ul ennvonienee or the depositor, anti that this Bank shall :e for default.. of any such hank. person or sub -agents„ or nr for any cause whatever, until the proceeds in actual 2317 *�.SO a.ao* ion 1OY Escrow Deposit Receipt Cash (Date Received) (Teller) in Lnau area. All the above stians were answered by the L'ouncil or Department Heads. The meeting was then closed as a public discussion and Councilman Wilson made the following m,tion: Whereas a public discussion havinr been held relative to the City's landacquisition plan to estab- lish an extension to t p _sent Civic Center and whereas the discussion generally favored the pro - therefore, I move w'Jthori7e the City Mnnarer to neFotiate and exercise options to acquire the: properties included in the proposed Civic Center Extension. The motion was seconded by Councilman City Manager Workman reported to the Council that he had been unable to nerotiate a purchase of the proposed new site for the City yards for the sum of 136,500.00 which had teen authorized at Purrourhs and unanimously carried. the last reFular meeting of the Council. The Manager at this time requesteH authorization to nefrotiatd the purPhase of this site ir the amount of #3e,700.0c, which amount the present owners indicatd thy were willing to accept. This authorization was granted on motion of Councilman Wilson, seconded by Councilman Purrourhs and unanimously carried. No further business to come before the Council ATTEST: HARPY H. 'VA City Clerk 4 MINUTES on motion the meetinF ad,lourned. Charles C. Parker, 7:!ayo the City of Redlands, California OF A PEGULAR MEETING OF THF CITY cOUNCTL, CITY OF REDLAT3, held December19/0 in the Council Chamber of the City Hall at 7:00 4 PEESPNT: Charles C. Parker, Mayor Waldo F. Purroughs, Vice Mayor R. Winn Ward, Councilman SEC! RITY FIRST NATIONAL BAN Fred War kman, City Id anager City H all Red 1 and s • C ali arra i. a FIALIPH I". alEIRECI. T CI TY ICAIN,A.CIER Redlands Branch Reiland s California DE, cent er 13 , 19 60 Escrow No. 3 2 11-4-1 In connection with the above numbered escrow, the items indicated below are enclosed herewith : Note for $ Duplicate Deposit Slip for $ Escrow Statement ( ) Check for $ Title Policy No. 421 96 'Fire Policy No. Fire Policy No. Receipt for for $ for $ Recorded documents to which you are entitled will be mailed to you by the County Recorder. Any other documents to which you are entitled, will be sent you as soon as they are available. Title and Fire Insurance Policies, if any, are usually held by the party holding the first encumbrance. Paid Notes and Trust Deeds are held by the Trustee. COUNTY TAXES ON REAL PROPERTY BECOME DELINQUENT AS FOLLOWS: First Instalment after December 10, and Second Instalment after the following April 10. If Buyer does not receive a Tax Bill one month prior to the delinquency date, a written request for same should be made to the County Tax Collector; include legal description. Where Lenders impound funds for payment of taxes they usually secure the Tax Bill. Some cities and districts collect their own taxes, which may have different delinquency dates. Our files indicate the following: A payment on the loan (s) of record is due as shown below: AMOUNT DATE DUE IN FAVOR OF (or held for collection by) ADDRESS Insurance Company Policy No. Amount of Coverage Expiration Date Please accept our thanks for this opportunity to serve you. We trust that we may continue to be of service to you. Received the enclosures: Date Yours very truly r i" SECU -, i FIRST NATIONAL BAN 0 1, ady s :: „ ear ci,;,y , E.; 5 araieq kiad ais sla,„„a BUYER & SELLER ESCROW INSTRUCTIONS SECURITY FIRST NATIONAL BANK BUYER To Security First National Bank Ne#lands 60 1. PRIOR TO DRBraIre' 19 Branch I will hand you $.... J ! 3. 4. 5. 6. 7. and any additional funds and instruments necessary on my part to enable you to compl 8. before the date set forth on line 1 above, as qualified by the provision at the top of page 2 hereof, you hold the money and documents, if any, deliverable 9. to me under these instructions and instruments have been filed for record entitling you to procure 10. 119a4itr. Inproamo._00i Standard Coverage Form policy of title insurance, with title company liability for 11. the amount of total consideration on real property in the County of ._8. 3 12. State of California, viz.• ,t I Mu i_.j C ._ __ _. dj {4 { $ ... 0*.. PAWN4. , 4 13. 15. .._�..��_ 44.1 . 16. ...ttermi.. taut. -. �_�.�._@� g $ t 17. as per map recorded in Book.P , of Maps _.. in the office of the Recorder of said County, showing 18. Title vested In �*...it. Nuata , .morpar _.- "-..1i i0i.•- `.-Cattarvia. 19. 20.La 21. Free of encumbrances except: titalIZIOU 22. General and Special Taxes for fiscal year 19........, 19 , and taxes which are not yet due; INCLUDING SPECIAL DISTRICT LEVIES, PAYMENT OF WHICH 23. is INCLUDED THEREIN AND COLLECTED THEREWITH. Rights, rights of way and easements for public utilities, water companies, alleys and streets; and cove- 24. Hants, conditions, and restrictions; now of record, if any,. 25. 26. 27. 28. Mo a e or Trust Deed securing an indebtedness as per its terms, now of record (Lender's statement to show an unpaid balance of principal of 29. 1. , but if same should show to be more or less than said amount, then you are to keep the total consideration the same as 30. shown above, by accordingly adjusting the CASH THROUGH ESCROW) 31. Escrow No.'""� Ihno sir 211 19 60 MEMO. Paid outside of Escrow $ _ Cash through Escrow ... !'QP.-_..._. Encumbrances of Record _.........-•- -._.._..._ ..._....._ New Encumbrances _ _..____._ Total consideration. ..._ .�a It 1R1 Weak Line et (.sim. on linos st + 32. Trust Deed on yotutr.;t*ual form securing Note for0011111 ..., dated during escrow, due (if straight note) 33. in favor of. 34. 35. payable at your Branch or order 36. interest from-- _ ......(See line 75 re endorsing interest) at rate of per cent per annum, payable. 37. 38. principal and interest payable $. or more on the _day 39. of each. .............month, beginning on the day of , 19 40...._...... ........................ _.._.._.._........ _.. _......_.._ 41. 42. and continuing until said principal and interest have been paid; executed by above Grantee(s) and. 43. 45. 46. _.'�. >d+�ii� .����,,� 11�11.� act_1�_'�t..�......��a..Jio��li�rurwlt#�.�t_ -.lit--"'-. 'Ifs► 47 48. 49. 50. 51. _.. ._ ...._._ ...._..._ �.. . 52. 53. 54. 55 ____ _......... _ 56. ... 57. .. ._.._.... __. _ 58. 59. .._ 60. _... 61. 62. (Page Two) 68. If the conditions of this escrow have not been complied with prior to the date set out on line 1, or any extension thereof, you are nevertheless to 69. complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not 70. to comp e 71. Affix ... S. R. Stamps on deed, to be paid by SELLER 72. The following adjustments are required in this escrow: 73. Interest on Mortgages and/or Trust Deeds of record, and F. II. A. Mortgage Insurance Premium to 74. and funds shown impounded for future payment of taxes, insurance, etc.; all based on Beneficiary's statement. 75. Interest on new encumbrances by endorsements on notes to a ? 76. Taxes, including all tax bill items except taxes on personal property not conveyed through this escrow to 77. based on current year's taxes, or, between July 1st and November 10th of each year based on immediately preceding year's taxes. In each case, use 78. the figures from the tax bill handed you by the seller or figures furnished you by title company, without liability on your part as to their correctness. 79. Seiler agrees to pay prior to delinquency, any taxes on real and personal property not being sold herein, which tax is a lien on the real property 80. being conveyed. You are not to be concerned with same. 81. Rentals on basis of statement furnished by seller, to , and you are to consider on basis of said rent 82. statement, that seller will collect all rents which fall due prior to the close of this escrow, unless he instructs you in writing to the contrary. No adjust- 83. ment against buyer on uncollected rentals 84, ...... ....... .......... .................................. _ .................................................. ............. . ...... ............... ..... 85. ....... ....... ............ ... .................... ,„..... ................. , ....... _ ................ .................. , .................. ..„ .............. _ ...... ..... 86. 87. Premium on Fire Insurance Policies to on building situated either on property described above or on premises known as No 89. . You may assume that premiums on said policies have been paid and that the policies have not been hypothecated. Make prorations on basis 30-day month. "Close of escrow" shall mean the day papers are filed for record. Make disbursements by your check. Mail fire and other insurance policies to holder of first encumbrance, if any. Mail title policy to holder of existing encumbrance, provided there is to be a substitution of liability; otherwise to the holder of the prior encumbrance recorded concurrently with documents herein; but if there is no such encumbrance, then to the buyer. Other documents and checks in my favor to be mailed to my address below. If title policy is to be obtained, procure it from any title company operating in county where property is located, subject to exceptions and conditions contained in said company's regular printed form. I agree to pay on demand for recording deed, mortgage clause on insurance, fillip in, notarizing and recording Trust Deed and other documents necesaary on my part, and buyes'S escrow fee as charged i4Z1_ ........ _ .... _ ............ .... _ ...... ____„„ ............. ...... „...._..„ You shall be under no obligation or liability for failure to inform me regarding any sale, loan, exchange, or other transaction, or facts within your knowl. edge, even though same concern the property described herein, provided they do not prevent your compliance with these instructions, nor shall you be liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited, nor as to identity, authority, or rights of any person executing the same. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the deter- mination of such conflict. The parties hereto jointly and severally agree to pay all costs, darnages, judgments and expenses, including reasonable attorneys' fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations further to perform any and all dais* or obligations imposed upon you in this escrow. 141.1." Buyer's uyer's Signature, Signature, Street Address City & Zone (Telephone) SELLER V. s 1160 90. I HEREBY APPROVE AND AGREE TO BE BOUND BY THE FOREGOING INSTRUCTIONS AND PROVISIONS. PRIOR TO the date set out 91. on line 1 herein, I will hand you all instruments and money necessary for me to comply therewith, including a deed of the property described, executed 92. by. RAL .4 A.a. •-.- - 93. 94. t which you are authorized to deliver provided you hold in this escrow for the account of the parties executing said deed the money. (Use this space only if money is to be payable to others than grantors) 95. and instruments deliverable to me under these instructions. When property being conveyed is held in Joint Tenancy any cash derived therefrom in this 96. escrow shall be Joint Tenancy funds. Pay any liens and encumbrances necessary to place title in the condition called for and the following: 97. 98. Pay commission of $ to 99. Broker's License No. Address 100. 101. 102. 103. 104. 105. 106. ....................... ...... ..... J.. .................... ... ...... .... ..... - ....... ^ LL ..... + ........ ........ ......................................... ....................... ...... ....... ..................... *- ... ............. - • ..... . ......... .-+` ....... ... . . .. ... .. ....................... . ...... - ..... ................... . ........... ..... „ ........... ...... ......... ..................... - ....... 107. ...... ......... , ........ . ......... ..... .................. . ............. ...... 108. 109. 110. You will, as my agent, assign any fire and other insurance of mine handed you or that Beneficiaries inform you they hold. 111. I agree to pay on demand charges and expenses incurred by you for me, including charges for title policy" offset statements and beneficiaries' state- 112. menu, and/or demands, filling in, notarizing and recording any documents necessary on my part, transfer of fire insurance if prorated, and seller's 113. escrow fee as charged...„.....„ ................ ..... ............... ............... ... .................................... .............. . .......... ... 1_, ....... ..... ........ 114. Credit balance to Checking/Savings Account No in name of s _ P-21 9-60 California Land Title Association Standard Coverage Policy Form Copyright 1460 POLICY OF TITLE INSURANCE ISSUED BY PIONEER TITLE INSURANCE COMPANY and TITLE INSURANCE AND TRUST COMPANY PIONEER TITLE INSURANCE COMPANY, a California corporation, and TITLE INSURANCE AND TRUST COMPANY, a California corporation, together herein called the Company, for a valu- able consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, do hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the -Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: I. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 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 4. Priority, at the date hereof, over any such mortgage or deed of trust, of any encumbrance upon such estate 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 with Schedules A, B and C, are hereby made a part of this policy. _ _ In Witness Whereof, the companies have caused their corporate names and seals to be hereunto affixed by their duly authorized officers on the date shown in Schedule A. S:NCE AND TRUST COMPANY PIONEER TITLE INSURANCE COMPANY by ,=)ZLi-10.0.-- • PRESIDENT v(1' Attest PRESIDENT k)t,/,L ) 9A4 Secretary of Pioneer Title Insurance Company and Ass't Secretary of Title Insurance and Trust Company P21A-8 4-60 California Land Title Association Standard Coverage Policy Form Copyright 1960 Amount $38,500.00 SCHEDULE A Effective December 12, 1960 Fee $ 186.00 Date at 8:00 a, m. Policy No. 421956 INSURED CITY OF REDLANDS a Municipal Corporation of the State of California 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF REDLANDS a Municipal Corporation of the State of California 2. The estate or interest in the land described or referred to in. Schedule C covered by this policy is a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART 1 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. P21B Cont. 4-60 California Land Title Association Standard Coverage Policy Form Copyright 1960 SCHEDULE B—(Continued) PART II 1. Second Installment of General and Special taxes for the fiscal year 1960-61, Code Area 10402, Book 292, Page 184, Line 14, Amount $88.52. 2. A reservation to the Barton Land and Water Company of a right of way upon and across said land for the laying, construction and maintenance of all pipes, ditches and conduits that may be reasonably necessary for the distribution and delivery of water for domestic use and irrigation upon any part of said Barton Ranch, according to any system of distribution and delivery that may be adopted by the party of the first part (Barton Land and Water Company), its successors and assigns, such right to be exercised without unnecessary injury to the premises, reference is made to Agreement recorded in Book "N" of Miscellaneous Records, page 352. Reference is also made to Deed recorded in Book 278 of Deeds, page 90 and Book 213 of Deeds, page 203, Book 339 of Deeds, page 65 and Book 411 of Deeds, page 238. 3. An easement to the public over and across any portion of the herein described property lying within any existing roads or highways. 4. A right of way for construction and maintenanceof pipe line, as contained in the Agreement and Deed executed by Nicholas Van Der Linda and wife, and Joseph H. Taylor, et al., recorded June 22, 1928 in Book 380 of Official Records, page 370, should the same cross or intersect the premises described herein. 5. The effect of an Agreement for Maintenance of Pipe Line beginning at that certain well known as "Grant Well, located at what is now the North boundary line of Highway 99, approximately 150 feet West of Tennessee Street and proceeding East to Tennessee Street; thence South along the West line of Tennessee Street to a point 300 feet South of Citrus Avenue,, which Agreement was recorded February 9, 1949 as Instrument No. 115 in Book 2358 of Official Records, page 394, and which Agreement was executed by owners of tracts of land involved including George T. Musson, former owner of the property covered by this Policy. It is noted, however, that the Deed from George T. Musson to P. J. Cormack and wife, was recorded July 16, 1948, and the Agreement was recorded February 9, 1948. P2IC 9-66 California Land Title Association Standard Coverage Policy Form Copyright 1960 S C d 1 L D V L L' C The land referred to in this policy is described as follows: All that portion of the Southeast 1/4 of Block 20, Barton Ranch, in the County of San Bernardino, State of California, as per plat recorded in Book 6 of Maps, page 19, records of said County, described as follows: BEGINNING at a point in the Westerly line of Tennessee Street, 100 feet South of the State Highway as it now exists; thence North 71° 47' West 350 feet, parallel with said State Highway; thence South 100 feet parallel with the West line of Tennessee Street; thence North 71° 47' West to a point in the West line of the Southeast 1/4 of said Block 20; thence South to the Southwest corner of said South- east 1/4; thence East to the Southeast corner of said Southeast 1/4 thence North to the point of beginning. P-2 1 ❑ 4-60 CalHornig Land Title Association Standard Coverage Policy Form Copyright 1960 CONDITIONS AND STIPULATIONS (Includes those in the American Title Association -Owner's Additional Coverage Policy) 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land--: the land described, specifically or by reference. in Schedule C and Improvements affixed thereto which by law constitute real property; (b) "public records"; those records which impart constructive notice of matters relating to said land; (c) "knowledge". actual knowledge, not conatruo• tive knowledge or notice which may he imputed to the Insured by reason of any public records; (d) "date": the effective date; and le) "the insured": if a named Insured is the owner of the indebtedness secured by a mortgage or deed of trust shown in Schedule B, then, in addition to the parties named as Insured or referred to as "the In- sured" herein, "the Insured" shall include (1) each successor in ownership of such indebtedness, (2) any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule C or any part .thereof, by lawful means in satisfaction of said indebtedness or any part thereof, and (3) any governmental agency or instrumentality acquiring said land under an insurance contract or guarantee insuring or guaranteeing said indebtedness or any part thereof. 2. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and Zoning ordinances) restricting, regulating or prohibiting the occupancy, use or enjoyment of the land, or the char- acter, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcel of land. (b) Governmental rights of police power or emi- nent domain unless notice of judicial action to exer- cise such rights appears in the public records at the date hereof. (c)Title to any property beyond the lines of the premises expressly described fn Schedule C, or title to streets, roads, avenues, lanes or ways on which such premises abut, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, or any rights or easements therein unless this policy specifically provides that such property, rights or ease- ments are insured, -except that if the premises abut upon a physically open street or highway this policy insures the ordinary rights of abutting owners for access thereto unless restricted by governmental regu- lations or otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (I) cre- ated, suffered, assumed or agreed to by the Insured, or (2) known to the Insured either at the date of this policy or at the date such Insured acquired an estate or interest insured by this policy and not shown by the -public records, unless disclosure thereof in writing by the fissured shall have been made to the Company prior to the date of this policy, or (3) resulting in no direct loss to the Insured, or (4) attaching or created subsequent to the date hereof, (e) Loss or damage which would not have been sustained if the Insured were a bona fide purchaser or encumbrancer for value. 3. DEFENSE AND PROSECUTION OF ACTIONS- NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay, shall provide for the defense of the Insured in all litigation consisting of actions or pro- ceedings commenced against the Insured, which litiga- tion is founded upon a defect, lien or encumbrance insured against by this policy, and may pursue such litigation to final determination in the court of last resort. (b) In case any such action or proceeding shall •be begun, or in case knowledge shall come to the 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 liableby virtue of this policy, or in the event the title is rejected as unmarketable by one who has leased or has contracted to purchase, lease or lend money on the land described in Schedule C hereof. the Insured shall at once notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify Ore Company of any defect, lieu or encumbrance in- snred against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company of ray such rejection by reason of claimed unmarkctability of the title, then all liability of the Company in regard to the subject mat- ter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually preju- diced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceed- ing or do any other act which in its opinion may be necessary or desirable to establish the title as insured. (d) In all cases where this policy permits or re- quires. the !Company to prosecute or provide for the defense of 'any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de- fense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Company all assistance in any such action or proceeding, is effecting settlement, securing evidence; obtaining wit- nesses, or prosecuting or defending such action or proceeding; and the Company shall reimburse the Insured fax any expense so incurred. 4. NOTICE OF LOSS —LIMITATION OF ACTION In addition to the notices required under paragraph 3(b), a statement in writing of any loss or damage for which it fa claimed the Company is liable tinder this policy shall be furnished to the Company within sixty days after such loss or damage shall have been deter- mined andi no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within one year after expiration of said- thirty day period. Failure to furnish such statement of loss or damage, or to com- mence such action within the time hereinbefore speci- fied, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS (a) The Company reserves the option to pay, set- tle or compromise for or in the name of the Insured, any claim insured against or to pay the full amount of this policy: and such payment or tender of payment, together with all accrued coats which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. (b) In case loss is claimed under this policy by an insured owner on an indebtedness secured by a mortgage or deed of trust the Company at its option may pay Bitch Insured an amount equal to such in. debtedness,; together with all costa which the Company is obligated hereunder to pay, in which case the, Insured shall assign and transfer to the Company said mortgage or deed of trust and the indebtedness se- cured thereby, and such payment shall terminate all liability of the Company hereunder as to such Insured. 6. PAYMENT OF LOSS (a) The liability of the Company under. this policy shall in no case exceed, in all, the direct loss of the Insured and costs and attorneys' fees which the Company may be ohligated hereunder to pay. (b) The Company will pay; in addition to any Ions insured against by this policy, all costa imposed upon the Insured in litigation carried on by the Company for the Insured, and all coats and attorneys' fees in litigation carried on by the Insured with the written authoriaatio'n of the Company. (c) Na claim for damages shall arise or be main. tainabie under this policy (1) if the Company, after having received notice of an alleged defect, lien .or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after fceipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the -title is rejected as unmarket- able because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent jurisdiction sustaining such rejection. (d) All payments under this policy, except pay- ments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be Bost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mortgage or deed of .trust shown in Schedule B is an Insured herein thew such payments shall not reduce pro tants, the amount . o£ the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the i amount of the indebtedness secured by such mortgage or deed of trnst. (e) When liability has been definitely fixed in accordance with the conditions of this policy the Ioss or damage shall be payable within thirty days there- after. 7. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay ander any policy insuring the validity or priority of any mortgage or deed of trust shown or referred to in ScbeduleiIt hereof or any mortgage or deed of trust hereafter executed by the insured which is a charge or lien on the land described or referred to in Sched- ule C. The provisions of this paragraph numbered 7 shall not apply to an Iosored owner of an indebted - Hess secured by a mortgage or deed of trust shown in Schedule B unless such Insured acquires title to said land in satisfaction of said indebtedness or any part thereof. 8. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss occurs after an alteration or improvement subsequent to the date of this policy, and only in that event, the Insured becomes a coinsurer to the extent hereinafter net forth. If the cost of the alteration or improvement ex- ceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. The fore- going provisions shall not apply to costs and attor- neys' fee% incurred by the Company in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall not apply to losses which do not exceed, is the aggregate, an amount equal to one per centum of the face amount of this policy. Provided, however, that the foregoing coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed the amount of this policy, and provided further that the foregoing coinsurance provisions shall not apply to an insured owner of an indebtedness secured by a mortgage or deed of trust shown in Schedule B prior to acquisition of title to said land in satisfaction of said indebted- ness or any part thereof. (b) If the land described or referred to in Sched- ule C is divisible into separate and noncentignous parcels, or if contiguous and such parcels are not used as one single site, and a loss is established affect- ing one or more of said parceia but not all, the loss shall be competed and settled on a pro rata basis as if the face amount of this policy was divided pro rata as to the value on the date of this policy of each separate independent parcel to the whole, exclusive of any improvements made subsequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Com. pany and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be sobrogated to and be entitled to all rights 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 snbrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Com- pany, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 10. POLICY ENTIRE CONTRACT All actions or proceedings against the Company must be based on the provisions of this policy- Any other action or actions or rights of action that the Insured may have or may bring against the Company shall be deemed to have merged in this policy and to he restricted to its terms and conditions. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. The Company may take any appropriate action under the terms of this policy whether or not it shall be liable there- under and shall not thereby concede liability or waive any provision of this policy. 11. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at the office which issued this policy. 12. THE FEE SPECIFIED IN SCHEDULE A OF THIS POLICY 15 THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR TITLE INSURANCE P T S}1/r1\•11;ti the tract r! �:;11i! .r_ I'c,licv N. 13 \__o \<_ 2 C_)