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Title Insurance Policy
No. 58474
Issued by
Tpansamepien Title Insupance Dompany
a California corporation, herein called the Company, for a valuable consideration paid for this policy,
the number, the effective date, and amount of which are shown in Schedule A, hereby insures 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 loss or damage not exceeding
the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company
may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured
shall sustain by reason of:
1. 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 A, 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 shown in Schedule B securing an indebtedness, the owner of
which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said
mortgage upon the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule
B, or excluded from coverage in Schedule B or in the Conditions and Stipulations, said mortgage being shown
in Schedule B in the order of its priority;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed.
In Witness Whereof, the Company has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers on the date shown in Schedule A.
TpansamerlcaTitio insurance company
By President.
Attest
Secretary
This policy of Title Jance a issued through the office of
MARIN TITLE GUARANTY COMPANY
FORM NO. 810 FOR USE WITH FEE AND EASEMENT POLICIES No. 4000
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM COPYRIGHT 1963
SCHEDULE A
Amount S 10 0, 0 0 0, 0 0 Premium $ 356,85 Policy No. 5 8 4 7 4
Effective Date January 12g 1971 Order No. 91793
at 12:15 P.M.
INSURED
CITY OF TIBURON
1. The estate or interest in the land described or referred to in this schedule covered by this policy is a fee
simple
2. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF TIBURON, a municipal corporation of
the State of California
FORM NO. 811 FOR USE WITH FEE AND EASEMENT POLICIES No. 4000 CALIFORNIA LAND TITLE ASSOCIATION STANDARD
COVERAGE POLICY FORM COPYRIGHT 1663
SCHEDULE A- Continued
I The land referred to in this policy is situated in the State of California, County of Marin,
City of Tiburon , and is described as follows:
PARCEL ONE:
That portion of the 60 foot wide and 50 foot wide strips of land described
in Deed dated October 2, 1886 from John J. Reed to The San Francisco and
San Rafael Railroad Company, recorded October 79 1886, in Book 4 of Deeds
at page 549 Records of Marin County, lying Southerly of a line that is
distant 1727 feet Southerly, measured along the center line of said 60
foot wide strip of land from the Northwesterly line of the Little Reed
Ranch as described in the Deed to Clothilde J. Reed, recorded December 2,
1899 in Book 58 of Deeds at page 168, Records of Marin County,
TOGETHER WITH all right, title and interest of grantor in and to those
portions of land for slope purposes abutting upon above described 60
foot wide strip of land, as said portions are described in the above said
deed, dated October 29 1886.
EXCEPTING THEREFROM that portion lying outside of Rancho Corte Madera
del Presidio.
PARCEL TWO:
All of the land described as "Fifth Tract" and "Sixth Tract" in Deed dated
July 17, 1886, from Benjamin F. Lyford to The San Francisco and San Rafael
Railroad Company, recorded July 22, 1886 in Book 3 of Deeds at page 487,
Records of Marin County.
EXCEPTING THEREFROM that portion of said "Fifth Tract" lying Easterly of the
Westerly line of State Highway 131, as said Westerly line is described in
that agreement made by and between Northwestern Pacific Railroad Company and
State of California, recorded May 20, 1936 in Book 315 of Official Records
at page 4519 Marin County Records.
ALSO EXCEPTING THEREFROM that portion of said "Fifth Tract" described in the
Deed from Northwestern Pacific Railroad Company to The City of Belvedere,
recorded June 30, 1955 in Book 952 of Official Records at page 604, Marin
County Records.
PARCEL THREE:
That parcel of land secondly described in the Deed from James M. Donahue
to the San Francisco and North Pacific Railroad Company, recorded December
17, 1888 in Book 8 of Deeds at page 462, Marin County Records, described
as follows:
con It
SCHEDULE A con't
BEGINNING at a point on the line of ordinary high tide on San Francisco
Bay distant 3.50 chains South and 8.72 chains East at a Granite Monument in
the Range line 17.17 chains North of the Southwest corner of Section
31, Township 1, North Range S. West Mount Diablo Meridian; thence on
the line of ordinary high tide South 770 East 4.70 chains; thence South
400 15' East 3.50 chains to line between lots numbered 2.8 and 29;
thence leaving said line of ordinary high tide and across tidelands
North 610 451 West 7.76 chains to the place of beginning, being a portion
of Lots Number 28 in Section 319 Township 1, North Range 5 West.
PARCEL FOUR:
A piece or parcel of land situate, lying and being in the City of Tiburon,
County of Marin, State of California, described as follows:
That portion of the 60 foot wide strip of land described in Deed dated
October 2, 1886 from John J. Reed to The San Francisco and San Rafael
Railroad Company, recorded October 7, 1886 in Deed Book 4, page 54,
Records of Marin County extending Southerly from the Northwesterly line
of "Little Reed Ranch", as described in the Deed to Clothilde J. Reed,
recorded in Book 58 of Deeds at page 168, Records of Marin County,
to a line that is distant 1727 feet Southerly measured along the center
line of said 60 foot wide strip of land.
TOGETHER WITH all right, title and interest of grantor in and to those
portions of land for slope purposes abutting upon above described 60
foot wide strip of land, as said portions are described in the above
said Deed dated October 2, 1886.
FORM NO. 812 FOR USE WITH FEE AND EASEMENT POLICIES No. 4000
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM COPYRIGHT 1968
SCHEDULE B
This policy does not insure against loss or damage 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.
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.
S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof ; water
rights, claims or title to water.
PART II: Liens, encumbrances, defects and other matters affecting title to said land or to which said title is subject:
1. Any change in the boundary lines of premises that has occurred or
that may hereafter occur by natural means and by imperceptible degrees.
2. Jurisdiction of the State and Federal Governments and public rights
of navigation and fishery as to that portion of premises lying
within the lines of tide lots 28 and 30. (Affects Parcel Three.)
3. An easement 10 feet in width for the installation, maintenance and
use of water pipelines and pole lines as granted to Marin Municipal
Water District, by instrument recorded April 65 1927 in Book 115
of Official Records at page 216.
4. Right of the public, City of Tiburon, the County of Marin and The
State of California in and to any portion of premises lying within the
lines of any County Road or State Highway.
5. Any existing easements for roadway, utility and sewer purposes.
6. Unrecorded easements, rights or licenses granted by the Northwestern
Pacific Railroad Company, or as may be disclosed by unrecorded maps
of said Northwestern Pacific Railroad Company.
Including an unrecorded grant of a 10 foot pedestrian crossing to
Reed Union School District, by instrument dated October 13, 1958.
7. Such matters as shown on "Record of Survey Map of. Lands in and
adjacent to the City of Belvedere" filed February 21, 1948 in Book
2 of Licensed Surveys at page 124.
8. An easement 10 feet in width for drainage purposes as granted by C.O.
Sollom, Administrator of the Estate of Clothilde Josephine Reed,
deceased, to Warren L. Bostick, et al, by instrument recorded January
249 1949 in Book 607 of Official Records at page 152.
9. An easement 10 feet in width for sewer purposes as contained in that
certain "Order Authorizing Administrator to Convey Easement in
Exchange for Real Property", a certified copy of which was recorded
August 13, 1951 in Book.694 of Official Records at page 476.
SCHEDULE B (Continued)
10. The right to install and maintain embankment slopes over a strip
of land 17 feet in width as granted by Northwestern Pacific Railroad
Company, to the State of California by instrument recorded March 75
1957 in Book 1099 of Official Records at page 60.
11. Terms and conditions contained in the grant above referred to.
(1099/60)
12. The right to install and maintain sewer lines as granted by Northwesterr
Pacific Railroad Company to RichardsonBgj Sanitary District, by
instrument recorded February 25, 1958 in Book 1173 of Official Records
at page 434.
13. Terms and conditions contained in/the grant above referred to.
(1173/434)
14. An easement to install and maintain sewer pipelines as granted by
Northwestern Pacific Railroad Company to Richardson Bay Sanitary
District, by instrument recorded November 26, 1963 in Book 1753
of Official Records at page 122.
15. Terms and conditions contained in the grant above referred to.
(1753/122)
16. An easement for the installation, maintenance and use of gas
transmission pipeline anda temporary easement for construction
and installation as contained in the Final Order of Condemnation
had on March 13, 1968 in the Superior Court of the State of
California in and for the County of Marin, Case No. 49478, entitled,
"pacific Gas and Electric Company, plaintiff vs. Northwestern Pacific
Railroad Company, et al. defendants", a certified copy of which was
recorded March 13, 1968 in Book 2196 of Official Records at page 266.
17. An action of condemnation pending in the superior Court for Marin
County entitled, "City of Tiburon, a municipal corporation, plaintiff
vs. Northwestern Pacific Railroad Company, a corporation, et al,
defendants", Case No. 54871.
Lis Pendens thereof was recorded September 26, 1969 in Book 2329
of Official Records at page 118.
18. Reservation of mineral rights as contained in the Deed from
Northwestern Pacific Railroad Company to City of Tiburon dated
December 23, 1970 and recorded December 29, 1970 under Recorder's
Serial No. 345480
19. Reservation of mineral rights as contained in the Deed from Northwestern
Pacific Railroad Company dated January 4, 1971 and recorded January
12, 1971 under Recorder's Serial No. 993.
Lantorma Lana i me Association aranaara
` Coverage Policy Form-Copyright 1963
As Amended 1969
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "land": the land described, specifically or by ref-
erence, in Schedule A and improvements affixed thereto
which by law constitute real property ;
(b) "public records": those records which impart con-
structive notice of matters relating to said land ;
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to the Insured
by reason of any public records ;
(d) "date": the effective date;
(e) "mortgage"; mortgage, deed of trust, trust deed,
or other security instrument ; and
(f) "insured": the party or parties named as Insured,
and if the owner of the indebtedness secured by a mortgage
shown in Schedule B is named as an Insured in Schedule A,
the Insured shall include (1) each successor in interest in
ownership of such indebtedness, (2) any such owner who
acquires the estate or interest referred to in this policy by
foreclosure, trustee's sale, or other legal manner in satis-
faction of said indebtedness, and (3) any federal agency or
instrumentality which is an insurer or guarantor under an
insurance contract or guaranty insuring or guaranteeing said
indebtedness, or any part thereof, whether named as an
Insured herein or not, subject otherwise to the provisions
hereof.
2. BENEFITS AFTER ACQUISITION OF TITLE
If an insured owner of the indebtedness secured by a
mortgage described in Schedule B acquires said estate or
interest, or any part thereof, by foreclosure, trustee's sale, or
other legal manner in satisfaction of said indebtedness, or
any part thereof, or if a federal agency or instrumentality
acquires said estate or interest, or any part thereof, as a
consequence of an insurance contract or guaranty insuring
or guaranteeing the indebtedness secured by a mortgage cov-
ered by this policy, or any part thereof, this policy shall
continue in force in favor of such Insured, agency or instru-
mentality, subject to all of the conditions and stipulations
hereof.
3. 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 ordi-
nances) restricting or regulating or prohibiting the occu-
pancy, use or enjoyment of the land, or regulating the char-
acter, dimensions, or location of any improvement now or
hereafter erected on said land, or prohibiting a separation
in ownership or a reduction in the dimensions or area of
any lot or parcel of land.
(b) Governmental rights of police power or eminent
domain unless notice of the exercise of such rights appears
in the public records at the date hereof.
(c) Title to any property beyond the lines of the land
expressly described in Schedule A or title to streets, roads,
avenues, lanes, ways or waterways on which such land
abuts, 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 easements are insured, except
that if the land abuts upon one or more physically open
streets or highways this policy insures the ordinary rights of
abutting owners for access to one of such streets or high-
ways, unless otherwise excepted or excluded herein.
(d) Defects, liens, encumbrances, adverse claims
against the title as insured or other matters (1) created,
suffered, assumed or agreed to by the Insured claiming loss
or damage; or (2) known to the Insured Claimant either
at the date of this policy or at the date such Insured Claim-
ant acquired an estate or interest insured by this policy and
not shown by the public records, unless disclosure thereof
in writing by the Insured shall have been made to the
Company prior to the date of this policy; or (3) resulting
in no loss to the Insured Claimant; or (4) attaching or
created subsequent to the date hereof.
(e) Loss or damage which would not have -been sus-
tained if the Insured were a purchaser or encumbrancer for
value without knowledge.
(f) Any "Consumer Credit Protection," "Truth in
Lending" or similar law.
4. 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 (1) for the defense of the Insured in
all litigation consisting of actions or proceedings commenced
against the Insured, or defenses, restraining orders, or in-
junctions interposed against a foreclosure or sale of the
mortgage and indebtedness covered by this policy or a sale
of the estate or interest in said land ; or (2 ) for such action
as may be appropriate to establish the title of the estate or
interest or the lien of the mortgage as insured, which liti-
gation or action in any of such events is founded upon an
alleged defect, lien or encumbrance insured against by this
policy, and may pursue any litigation to final determination
in the court of last resort.
CONDITIONS AND STIPULATIONS
(b) In case any such action or proceeding shall be
begun, or defense interposed, or in case knowledge shall
come to the Insured of any claim of title or interest which
is adverse to the title of the estate or interest or lien of the
mortgage as insured, or which might cause loss or damage
for which the Company shall or may be liable by virtue of
this policy, or if the Insured shall in good faith contract to
sell the indebtedness secured by a mortgage covered by this
policy, or, if an Insured in good faith leases or contracts to
sell, lease or mortgage the same, or if the successful bidder
at a foreclosure sale under a mortgage covered by this pol-
icy refuses to purchase and in any such event the title to said
estate or interest is rejected as unmarketable, the Insured
shall 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 the Company of any defect, lien
or encumbrance insured against which shall come to the
knowledge of the Insured, or if the Insured shall not, in
writing, promptly notify the Company of any such rejection
by reason of claimed unmarketability of title, then all lia-
bility of the Company in regard to the subject matter of such
action, proceeding or matter shall cease and terminate ; pro-
vided, however, that failure to notify shall in no case
prejudice the claim of any Insured unless the Company
shall be actually prejudiced 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 proceeding or do
any other act which in its opinion may be necessary or de-
sirable to establish the title of the estate or interest or the
lien of the mortgage as insured ; and the Company may
take any appropriate action under the terms of this policy
whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision of this
policy.
(d) In all cases where this policy permits or requires
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 defense in such action or proceed-
ing, and all appeals therein, and permit it to use, at its
option, the name of the Insured for such purpose. When-
ever requested by the Company the Insured shall give the
Company all reasonable aid in any such action or proceed-
ing, in effecting settlement, securing evidence, obtaining
witnesses, or prosecuting or defending such action or pro-
ceeding, and the Company shall reimburse the Insured for
any expense so incurred.
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 receippt of such
notice, or (2) for liability voluntarily assumed by the In-
sured in settling any claim or suit without written consent
of the Company, or (3) in the event the title is rejected as
unmarketable 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 payments
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 indorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be fur-
nished to the satisfaction of the Company; provided, how-
ever, if the owner of an indebtedness secured by a mort-
gage shown in Schedule B is an Insured herein then such
payments shall not reduce pro tanto the amount of the
insurance afforded hereunder as to such Insured, except
to the extent that such payments reduce the amount of the
indebtedness secured by such mortgage. Payment in full by
any person or voluntary satisfaction or release by the In-
sured of a mortgage covered by this policy shall terminate
all liability of the Company to the insured owner of the
indebtedness secured by such mortgage, except as provided
in paragraph 2 hereof.
(e) When liability has been definitely fixed in ac-
cordance with the conditions of this policy the loss or dam-
age shall be payable within thirty days thereafter.
8. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of this policy
is reduced by any amount the Company may pay under any
policy insuring the validity or priority of any mortgage
shown or referred to in Schedule B hereof or any mortgage
hereafter executed by the Insured which is a charge or lien
on the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment to the
Insured under this policy. The provisions of this paragraph
numbered 8 shall not apply to an Insured owner of an in-
debtedness secured by a mortgage shown in Schedule B
unless such Insured acquires title to said estate or interest in
satisfaction of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT OR SETTLEMENT
NOTICE OF LOSS-LIMITATION OF ACTION
In addition to the notices required under paragraph 4(b),
a statement in writing of any loss or damage for which it is
claimed the Company is liable under this policy shall be
furnished to the Company within sixty days after such loss
or damage shall have been determined and 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
two years 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 specified,
shall be a conclusive bar against maintenance by the In-
sured of any action under this policy.
6. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS
The Company shall have the option to pay or settle or
compromise for or in the name of the Insured any claim
insured against or to pay the full amount of this policy, or,
in case loss is claimed under this policy by the owner of
the indebtedness secured by a mortgage covered by this
policy, the Company shall have the option to purchase
said indebtednes3 ; such purchase, payment or tender of
payment of the full amount of this policy, together with all
costs, attorneys' fees and expenses which the Company is
obligated hereunder to pay, shall terminate all liability of
the Company hereunder. In the event, after notice of claim
has been given to the Company by the Insured, the Company
offers to purchase said indebtedness, the owner of such in-
debtedness shall transfer and assign said indebtedness and
the mortgage securing the same to the Company upon pay-
ment of the purchase price.
7. PAYMENT OF LOSS
(a) The liability of the Company under this policy
shall in no case exceed, in all, the actual loss of the
Insured and costs and attorneys' fees which the Company'
may be obligated hereunder to pay.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon the
Insured in litigation carried on by the Company for the
Insured, and all costs and attorneys' fees in litigation car-
ried on by the Insured with the written authorization of the
Company.
(c) No claim for damages shall arise or be maintain-
able under this policy (I) if the Company, after having
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Com-
pany unaffected by any act of the Insured, and it shall be
subrogated 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 subrogated to such rights and reme-
dies 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 Company, shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of subro-
gation, and shall permit the Company to use the name of
the Insured in any transaction or litigation involving such
rights or remedies.
If the Insured is the owner of the indebtedness secured by
a mortgage covered by this policy, such Insured may release
or substitute the personal liability of any debtor or guaran-
tor, or extend or otherwise modify the terms of payment,
or release a portion of the estate or interest from the lien
of the mortgage, or release any collateral security for the
indebtedness, provided such act does not result in any loss
of priority of the lien of the mortgage.
10. POLICY ENTIRE CONTRACT
Any action or actions' or rights of action that the Insured
nay have or may bring against the Company arising out
the status of the lien of the mortgage covered by this
policy or the title of the estate or interest insured herein
must be based on the provisions of this policy.
No provision or condition of this policy can be waived or
changed except by writing indorsed hereon or attached
hereto signed by the President, a Vice President, the Secre-
tary, an Assistant Secretary or other validating officer of
the Company.
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 1330 Broadway, Oakland, Cali-
fornia 94612.
12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE
CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND
TITLE INSURANCE.