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Home My WebLink AboutDeed 1976-02-17 (Ned's Way Hilarita) SCHEDULE A Amountoflnsurance $ 36 ,000 .00 DateofPalicy2�l��6 PolicyNo. 05 025 03 05189 Charge $ 214.50 Time 12 : 40 pm Order No. 10 71.61 EJC 1, Narne of Insured: THE CITY OF TTBURON 2. 1"he �state or interest in the land described herein and which is covered by thzs policy is: A £'E� 3. The esCate or interest referred to herein is at Date of Policy vested in: T�-iE CITY OF TI�URON, a municipal corporation 4�. The land referred to in this policy is situated in the County of Marin , �tate of California , and is described as follows: City of Tiburon Parcel "C" as shown on the Map of Hilarita, filed May 24, 1974 in Map Book 16 a� page l, Marin County Records. 2/24/76 sk FORM 3235 �r�-s-74� This �olicy valid only if Schedule � is cxtfea�h�d, Chicago'ritle xnsu�ax�ce�rn�an� SCHEDULE B Policy Na 0 5 0 2 5 0 3 0 518 9 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 I 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 ascertained 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. Disciepancies, 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 ihe area specifically described or referred to in Schedule A, 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 re�ulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now on c�reafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or �rea of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Righcs of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. 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 dot 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 ineerest 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 hereunder; (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 ihe insured claimant had been a purchaser or encumbrancer for value without knowledge. P�4RT II l. Easements granted to Sanitary Distriet No. 5 of Marin County For : Sanitary sewer and ingress/egress Recorded : July 27 , 1961 Book : 1483 of Official Records at page 158 Re-recorded : December 20 , 1961 Book : 1526 of Official Records at page 327 2 . Easement granted to Marin Municipal Water District For : Pipe/pipelines (20 feet wide) Recorded : October 15 , 1974 Book : 2838 of Official Records at page 543 � r � '� NOTE: The following endorsements appearing after -. -.� �� Schedule B are an integral part of this policy: � ;� _---.,.-�.-- _ -- riOriG ri dalida4ing Signa4oey . (' f t FORM 3955-(R 10-'73) $CheclUle B o$ this Policy C�nsists Of 2 ptEges. Chicago Title Insurance Company 3. Conditions/reservations in the Deed to Marin Munici�al Water District Recorded : October 15 , 1974 Book : 2838 of Official Records at page 543 4. Conditions in the Deed from Housing Authority of the County of Marin to the City of Tiburon Dated : February 12 , 1976 Recorded : February 17 , 1976 Serial No. : 6427 T�X NOTE : Property not assessed on the 1975-76 tax rolls . Parcel Nn. 58-151-27 � , . ,� v..s. . s �.. nr�r ♦t�et�.a ►`r y L./LL I I 1 L....J I L I i.i • ' Td) �,, �� . This p�.at is for location purposes only. � � It is not part of any report or policy �� ' � arid this Company is no� respon�ible for � ' . any representations hereon. , . ; . . _ . : . �o . G • ('� , � y�� . \. � ; - � 30 � ��o�r� O �� °±i � �� \ �� . : � •� �,• \ �,�.�\�tJ� 1 Q .. � � \�O �� fJ J,�, . . � I . . � . � . . ��. �j . v'� . �/ '�•�t + _ ' � , � . s '��.� y y. P�. rt;+ i.ti'^:' . , . \ . hyC' � d/ . » � . � �9/.�P , . . l \\ t ��y � ^� . `` .`/ - ��; ,\�. �� . . . . � � ,�� :, ` � z.o A�. 15 J ,��3�l� , ,� s� w�r'�.''" *;�� . l�y�. 14 ,o .a�w; �pD�/aa �� J` .•CcrG� ' . � 4�- M�2_Sf'� �, . � y� � � �,rr.._----z�c.rr �,�� n � // +,t � �'a PCl. 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S�A Q�T y,l� r� __53-�`��..�. ct�Y---- �Ity� �-:�,� __ Z�- _. �s �.�YN S.�E 8-"'`M " ,�%\ `'�` �" ---"'"`y+ � /y� O! Mine�ol Righls Porcels Shown In Nexaqons, � ` "' ' Bk. 6� 02 (�'�•�j� NOTE—Assessar's Qlock Nurnhcrs Shown in Cllipsos, Ob Assessor's Parcel Numbers Sliown in Circlos, 01 a- Z h � w U � o r l o� v q o W �,,� r�, v � � �.., y.� • �N 6.Q, u m o� .. � [� O � r w `�' C7 �' Z ti �''0 Z y � c � a � � � �--� (� '� � � � � �' ° � � x ° � '� 20 � o � o � �--� U Z � � ,� c�'� " Ov � � q w O �--I � � � vr''� 4�. J roi d �° � 2� �I � U W (> J • I 1�S$� � ^ °C ' M a � � ' � U � � �-, Z � o � � � ' � H � �r 0 �. !` m � ', �- — _,.- � - - — - .:, ..-- -- - , _ . -� .:- - - - - - -- - - � , -. ::..., , .�. � . �� - �._�:> , �. :: ._ , ...: . - . '- ,:'. - u. `�'=- - =-�, .. _ _._ ..,_ __ _ _:.: �_. .-_=s_ _._ ,LL: ---� _- ;�:_ ,��= �_ ._ _ . -- � �-- - - -- �� O �: c, . .. , �. .� :u ,. ,. ,,; ... _ —_- ....��.� ��.'_ __ .�_ . ��_ _,_.:� i: -� — - - --- --- -_- —_ -- =r , CALIFORNIA LAND ?'ITLE ASSOCIATION i;. STANDARD COVERAGE POLICY 1973 � J O L � :� �l `J J � � u f'. CHICAGO TITLE Il�tSURANCE COMPANY SUBJECT TO SCHEDULE B ANi� THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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 sireet or highway if the land, in fact, abuts upon one or more such streets or highways; � �tC and in addition, as to an insured lender only: � -_.� 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or clair� 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 martgage, provided such assignment is shown in ' '' Schedule B. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when � ,', countersigned by an authorized signatory. z `' „ CHICAGO TITLE INSURANCE COMPANY ' ;� � �� ;'��,��-- - % �� P,� � /'�/'� G� ; Issued by: �`�" �� ' � � �� ,; n , �, � ,, MARIN TITLE GUARANTY �� '� �,,��.,�� COMPANY � �� i� ' ' President '� SS `�e ,f�'�E'��`s Cir'r . 't f i 1300 Fourth Street � y�,� ��w�� '�%� ArrEST: , �'f ; i ��3'� '� ,l:. i P.O.Box 669 �� <=� '�c��`pp�� San Rafael, California 94902 �� '� �� -��;�� --"-�'� ! (415) 456-4400 �� ``�� ' Secretary , `� , - � �i — , - — — - ' �— �= -_- _ - — — -- -- — — - - — - - CONDITIc�NS ,AND STIPULATIONS i. IDefnitr;on of Terms (b) The insured shall notify the Company promptly in The following terms when used in this ��olicy mean: writing (i} in case of any litigation as set forth in (a) lbove, (a) "insured"': the insured named in Schedule A,and,subject (ii) in case knowledge s�all come to an insured hereunder of to any rights or defenses the Company may have had agairist the any claim of title or interest which is adverse to the title to the namPd insured, the�se who succeed to the interest of such i�lsured estate or interest or the lien of the insured mortgage, as insured, by operation of law as distinguished from purchase includin�, but and which might cause loss or da:mage for which the Company not limited to, he;irs, distributees, devisee,, survivors, personal may be liable by virtue of this policy, or (iii) if titie to the estate representatives, next of kin, or corporate or fiduciacy succf:ssors. or interest or the lien of the insured mortga�e, as insur�d, is The term "insured" aiso includes (i) the owner of the indebted- rejected as unmarketable. If such prompt notice shall not be ness secured by the insured mortgage and each succes<.,or in �iven to the Company, then as to such insured all liabil�ty of ownership of sucl;i indebtedness (reserving, however, all rights the Company shall cease and terminate in re�ard to the matter and defenses as ta any such successor who ,acquires the indebted- or matters for which suct� prompl: notice is required; provided, ness by operation of law as described in the first senter.�ce of however, that failure to notify shali in no case prejudice the this subparagraph (a) that the Company wouid have had against rights of any such insured under this policy unless the Company the successor's transferor), and further includes (ii)' any g��vern- shall be prejudiced by such failure and then only to the extent mental agency or i�nstrumentality which is ari insurer or guarantor of such prejudice. under an insurance contract or guaranty insuring or,guaranteeing {c) The Company shall have the right at its own cost to said indebtedness, or any part thereof, whether named as an institute and without undue delay prosecute any action ar pro- insured herein or not, and (iii) the par�iea designated in para- ceeding ar to do any other act which in its opinion may be neces- grapll 2(a) of these Conditions and Stipulations. sary or desirable to establish the title to the estate or interest or (b) "insured claimanY': an insured c:laiming',loss or dam- the fien of the insured mort�age, as insured; and the Company age �ereunder. may take any appropriate action, whether or not it shall be liable (c) "insured lender": the owner of ;an insured mortgage. under the terms of this policy, and shail not thereby concede (d) "insured mortgage": a mortgage shown in Schedule B, liability or waive any provision of this policy. the owner of which is named as an insured in Schedule A. (d) Whenever the Company shail have brou�ht any action (e) "knowledge": actual knowledge,not constructive k_nowl- or in�erposed a defense as required or permitted by the provisions edge or notice which may be imputed to an insured by reason of this policy,the Company may pursue any such litigation to finai of any public records. deteranination by a court of competent jurisdiction and expressly (f) "land": the land described, specifically or by reff;rence reserves the right, in its sole discretir�n, to appeal from any adverse in Schedule A, an�3 improvements affixed thereto which by law judgment or order. constitute real property; provided, however, the term "land" does (e) In ali cases where this �policy permits or requires the not inciude any area excluded by Paragrapli No. 6 of Part I of Company to prosecute or provide for the defense of any action Schedule B of this Policy. or proceeding, the insured hereunde:r shall secure to the Company (g) "mortgage": mortgage, deed of trust, trust dee:d, or the right to so prosecute or provi.de defense in such action or other security instrument. proceeding, and a11 appeals therein, and per�it the Company to (h) "public records": those records which by law impart use, at its option, the name of such insured for such purpose. constructive notice of matters relating to the land. ' Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid (1) in any 2. (a) �ontinuation of Insurance after Acquisition of Tiirle by such action or proceeding in effecting settlement,securing evidence, Onsured Lendem obtainin� witnesses, or prosecuting or defending such action or If this policy insures the owner of the indebtedness s€;cured proceeding, and (2) in any other act which in the opinion of the by the insured mc�rtgage, this policy shall continue in force as Company may be necessary or desirable to establish the title to of Date of Policy in favor of such insui•ed who' acquires all the estate or interest or the lien of the insured mortgage,as insured, or any part of the estate or interest in t;!�e land'described in including but not limited to executing corrective or other docu- Schedule A by foreclosure, trustee's sale, conveyance in lieu of inents. foreclosure, or other legal manner which clischarges the lien of the insured mortgage, and if such insured is a corporation, its 4• �roof of loss or Damage—LimBtntion of Action transferee of the estate or interest so acquared, provided the trans- In addition to the r_otices required under Paragraph 3(b) of feree is the parent or wholly owned subsidiary of such insured; these Conditions and Stipulations, a proof of loss or dama�e,signed and in favor of any governmental agency or instrumentality which and sworn to by the insured claimant shall be furnished to the acquires all or anv part of the estate or interest pursuant �o a Company within 90 days after the insured claimant shall asc�;rtain contract of insurance or guaranty insuring or guaranteeing the or determine the facts giving rise i:o such loss or damage. Such indebtedness secured by the insured mortgage. After any such proof of loss or damage shall desc;ribe the defect in, or li�n or acquasition the amount of insurance hereunder, exclusive of costs, encumbrance on the title, or other matter insured against by this attorneys'fees and expenses which the Company may be obligated policy which constitutes the basis uf loss or damage, and, when to p�y, shail not exceed the least of: appropriate, state the basis of calculating the amount of such loss (i) the amount of insurance stated in Schedule A; or damage. (ii) the amount of the unpaid principal of the indebted- Should such proof of loss or damage fail to state facts sufficient ness pl�us interest thereon, as det:ermined' under para- to enable the Company to determine its liability hereunder, insured �raph 6(a)(iii) hereof, expenses of foreclosure and claimant, at the written request of Company, shali furnish such amount�, advanced to protect the; lien of the ir�sured additnonal information as rnay reasonably be necessary to make mortgage and secured by said insured ,mortgage at such determination. the time of acquisition of such estate or interest in No right of action shall accrue to insured claimant until 30 days the land.; or after such proof of loss or damage shall have been furnished.. (iii) the am�ount paid by any govemmental agency or Failure to furnisH such proof of :loss or damage shall terminate instrumentality, if such agency or instrumentality is any liability of the Company under this policy as to such loss or the insured claimant, in acquisition of such estate or damage. interest in satisfaction of its insurance contract or 5. Qptions to Pay oe� Otherwise Settle Claims and Options to guaranty. �urchase Indebiedness (b) Continu�,tion of insurance after Conveyance ofi Title The Company shail have the option to pay or otherwise settle for The coverage of this policy shall continue; in force as of Date or in the name of an insured claimant any claim insured against,or a� Policy, in favor of an insured so long as such insured retains to terminate all liability and obligations of the Company here�under an estate or interest in the land, or owns an indebtedness secured by payin� or tenderin�payment of �the amount of insurance under by a purchase money martga�e given by a purchaser from such this policy together with any costs, attorneys' fees and expenses insured, or so long as such insured shall Y�ave liability by reasa�n incurred up to the time of such payment or tender of payment by af covenants of warranty made by such insured in'any transfer the insured claimant and autharized by the Company. In case loss �r conveyance of such estate ar interest; pr�ovided, however, this or damage is claimed under this policy by the owner of the policy shall not continue in force in favor o:E any purchaser from indebtedness secured by the insured mortgage, the Company shall such insured of eit:her said estate or interest or the'indebte:dness have the further option to purchase such indebtedness for the secured by a purcP�ase money mortgage give:n to such insw-ed. amount owin� thereon together witlh all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the 3. Defense and �rosecution of Actions—Notice of'Claim to be Company offers to purchase said indebtedness as herein pro`�ided, Given 9�y an Insured Claimant the owner of such indebtedness shall transfer and assign said (a) The Company, at its own cost and withoutlundue 3elay, indebtedness and the mortgage and �ny collateral securing the same shall provade for the defense of an insureci in litigation to the to the Company upon payment therefor as herein provided. Upon exte�t that such litigation involves an alleged defect,'lien, encum- such offer being made by the Company, all liability and obligations brance or other matter insured against by this policy. of the Company hereunder to the owner of the indebtedness ��ONDITIONS,4ND STIPULATIONS,Continued . secured by said insured mortgage, other than the obligation to of any such mortgage any amount that otherwise would be purchase said indebtedness pursuant to this para�raph, are ter- payable hereunder to the insured o�wner of the estate or interest minated. covered by this policy and the am�ount so paid shall be deemed 6. Deterr9aination and Payment of Loss a payment under this policy to said insured owner. (a) The liabi.lity of the Company uaider this policy stiall in The provisions of this paragraph 9 shall not apply to an owner no case exceed the least of: of the indebtedness secured by the insured mortgage, unless such (i) the actual loss of the insured clai:mant; ot insured acquires title to said estate or interest in satisfaction of (ii) the amount of insurance stated :in Schedule A, or, if said zndebtedness or any part ther�;of. applicable, the amount of insurance as defined in para- 90. Subrogateon Upon Payment or Settlemenr graph 2(a) hereof; or Whenever the Company shall have paid or settled a claim (iii) if this :policy insures the owner of the,nndebte:dness under this policy, ali right of subrogation shall vest in the Com- secured by the insured mortgage, and providecl said pany unaffected by any act of the insured claimant, except that owner is the insured claimant, ttie amount of th:e un- the owner of the indebtedness secured by the insured mortgage paid principal of said indebtedness, plus interest there- may release or substitute the persc�nal liability of any debt�r or on, pr�vided such amount shali not 'include any guarantor, or extend or otherwise �modify the terms of pay.ment, additional principal indebtedness created subseques�t or release a portion of the estate or interest from the lien of to Date of Policy, except as to amounts'advanc:ed to the insured mortgage, or release any collateral security for the protect the lien of the insured mortgage' and se:cured indebtedness, provided such act occurs prior to receipt by such therebv. insureci of nntice of anv c3aim of �title or interest adverse fo the