HomeMy WebLinkAboutDeed 1978-06-02 (Reed Union School District)/CITY OF TIBURON
ROBERT I. CONN
City Attorney
GARY T. RAGGHIANTI
Deputy
Mr. Robert Kleinert
City Manager
80 Main Street
Tiburon, CA 94920
OFFICE OF THE CITY ATTORNEY
1534 FIFTH AVENUE • SAN RAFAEL, CALIFORNIA 94901 • (415) 453-9433
June 19, 1978
Re: Reed School District Purchase 1978
Dear Bob:
Enclosed for your files please find title insurance
policy issued by St. Paul Title Insurance Corporation.
This should be kept together with the Deed in the City's
file of important papers.
VZERT yours,
R . CON N
City Attorney
RIC : smw
Enclosure
RECEIVr~ -1
jUN 2 0 1978
c;Ty of fi~,~~.~.•
Office: St. Paul Title-Marin
41( Si PAU L TITLE
COMPANY
Address: 1300-4th Street
San Rafael, CA 94901
Date: June 5, 1978
Escrow No: 110722 EJC
Robert I. Conn, Esq.
1543 Fifth Avenue
• San Rafael, CA 94901
Dear Mr. Conn:
We have completed the above numbered escrow in accordance with instructions, and we
are enclosing the following:
X 1. Title Insurance Policy ( )
2. Check for $
3. Closing statement
4. Deed of trust
5. Promissory Note
6. Fire Insurance Policy #
7.
Any other papers to which you are entitled, not enclosed herewith, shall be forwarded
to you at a later date.
We consider it a privilege to have had this opportunity of handling this escrow for
you and trust that we may have the pleasure of serving you again in the future.
Very truly yours,
ST. PAUL TITLE COMPANY
Y:
E. J. CURRY
Vic President
/dw encl.
SPE-17 3/78
AffiIiateof TH E ST. PAUL COM PAN I ES I NC.
CLTA STANDARD COVERAGE POLICY-1973
Policy No.:
CAS 732267
St., Paul Title
Insurance Corporation
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, ST. PAUL TITLE
INSURANCE CORPORATION, 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 any abutting owner for access to at least one physically
open street or highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent
that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured
mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage
being shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown
in Schedule B.
This policy shall not be valid or binding until Schedule B is countersigned by an authorized officer
or agent of the company.
IN WITNESS WHEREOF, ST. PAUL TITLE INSURANCE CORPORATION has caused this policy
to be signed and sealed by its duly aut'::,rized officers, the policy to become valid when counter-
signed by an authorized signatory as of bate of Policy shown in Schedule A.
ST. PAUL TITLE INSURANCE CORPORATION
• BY:
CHAIRMAN OF THE BOARD
COUNTER GNED: ATTEST: C/~~G'~''t •
SECRETARY
By - -
Authorized Signature
TSP-14-CA:1 1/J Affiliate of The St. Paul Companies Inr
CONDITIONS AND STIPULATIONS
(Continued)
the Company.
(c) When the amount of loss or damage has been definitely fixed in
accordance with the conditions of this policy, the loss or damage shall
be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise,
removes such defect, lien or encumbrance or establishes the title, or the
lien of the insured mortgage, as insured, within a reasonable time after
receipt of such notice; (b) in the event of litigation until there has been a
final determination by a court of competent jurisdiction, and disposition
of all appeals therefrom, adverse to the title or to the lien of the insured
mortgage, as insured,as provided in paragraph 3 hereof; or (c) for liability
voluntarily admitted or assumed by an insured without prior written
consent of the Company.
8. REDUCTION OF INSURANCE; TERMINATION OF
LIABILITY
All payments under this policy, except payment made for costs,
attorneys fees and expenses, shall reduce the amount of the insurance
pro tanto; provided, however, if the owner of the indebtedness secured
by the insured mortgage is an insured hereunder, then such payments,
prior to the acquisition of title to said estate or interest as provided in
paragraph 2(a) of these Conditions and Stipulations, shall not reduce
pro tanto the amount of the insurance afforded hereunder as to any
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
of the insured mortgage shall terminate all liability of the Company to
an insured owner of the indebtedness secured by the insured mortgage,
except as provided in paragraph 2(a) hereof.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy, as to the insured owner of the estate or interest covered by this
policy, shall be reduced by any amount the Company may pay under any
policy insuring (a) a mortgage shown or referred to in Schedule B hereof
which is a lien on the estate or interest covered by this policy, or (b) a
mortgage hereafter executed by an 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 under this policy. The Com-
pany shall have the option to apply to the payment of any such mortgage
any amount that otherwise would be payable hereunder to the insured
owner of the estate or interest covered by this policy and the amount
so paid shall be deemed a payment under this policy to said insured
owner.
The provisions of this paragraph 9 shall not apply to an owner of the
indebtedness secured by the insured mortgage, unless such insured
acquires title to said estate or interest in satisfaction of said indebtedness
or any part thereof.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have paid or settled a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant, except that the owner of the indebted-
ness secured by the insured mortgage may release or substitute the
personal liability of any debtor or guarantor, or extend or otherwise
modify the terms of payment, or release a portion of the estate or
interest from the lien of the insured mortgage, or release any collateral
security for the indebtedness, provided such act occurs prior to receipt
by such insured of notice of any claim of title or interest adverse to the
title to the estate or interest or the priority of the lien of the insured
mortgage and does not result in any loss of priority of the lien of the
insured mortgage. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy
not been issued, and the Company is hereby authorized and empowered
to sue, compromise or settle in its name or in the name of the insured to
the full extent of the loss sustained by the Company. If requested by the
Company, the insured shall execute any and all documents to evidence
the within subrogation. If the payment does not cover the loss of such
insured claimant, the Company shall be subrogated to such rights and
remedies in the proportion which said payment bears to the amount
of said loss, but such subrogation shall be in subordination to an insured
mortgage. If loss should result from any act of such insured claimant,
such act shall not void this policy, but the Company, in that event, shall
as to such insured claimant 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.
11. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other instruments,
if any, attached hereto by the Company is the entire policy and contract
between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the lien of the insured mortgage or
of the title to the estate or interest covered hereby, or any action asser-
ting such claim, shall be restricted to the provisions and conditions and
stipulations of this policy.
No amendment of or endorsement to this policy can be made except
by writing endorsed hereon or attached hereto signed by either the
President, a Vice-President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
No payment shall be made without producing this policy for endorse-
ment of such payment unless the policy be lost or destroyed, in which
case proof of such loss or destruction shall be furnished to the satisfac-
tion of the Company.
12. 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 its
General Office at 1650 West Big Beaver Road, Troy, Michigan 48084.
13. FEE
THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE
CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE
INSURANCE.
SCHEDULE A
PREMIUM 5 0 0. 0 0
110722 EJC
Amount of Insurance: Date of Policy:
$__127,000.00_ June _2j__1978_at 0.930
I. Name of Insured:
CITY OF TIBURON
2. The estate or interest in the land described herein and which is covered by this policy is:
A FEE to Parcel One
Easement to Parcel Two
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF TIBURON, a municipal corporation
4. The land referred to in this policy is situated in the County of
, and is described as follows:
Attached
Marin
City of Tiburon
Policy No:
CAS 732267
, State of CA
TSP- 1 4A-CA: 12/76 This policy valid only if Schedule B is attached. &SEPAULMU
INSURANCE CORPORATION
DESCRIPTION: City of Tiburon - County of rlarin - State of California
PARCEL ONE
All the land granted by the housing Authority of the County of Marin to
Reed Union School District of Marin County, described in the Deed
recorded in Book 2285 of Official Records at page 31 and a portion of
the land granted by Campbell Judge and wife to Reed Union School
District, described in the Deed recorded December 29, 1950 in Book 673
of Official Records-,at page 201, described as follows:
BEGINNING at a point on the Northeasterly line of Tiburon Boulevard,
the California State Highway from Belvedere crossing to Tiburon which
point bears north 27006' East 50.00 feet from Engineer's Station
229+24.69 on the centerline survey of said highway and shown on the
highway plans; thence FROIi the point of beginning, north 62154' West
49.77 feet; thence leaving the Northeasterly line along a circular
curve to the right, the last preceding course being tangent, with a
radius of 2 0. 0 0 fee- E. thru a central angle of 901001, an arc length
of 31.42 feet; thence along the tangent to the preceding curve,
:forth 271061 East 36.14 feet; thence along a circular curve to the
right, the last preceding course being; tangent, with a radius of 380
feet, thru a central angle of 330141, an arc length of 220.41 feet;
thence along a circular curve to the left, having common tangent with
the last preceding curve, with a radius of 498 feet, thru a central
angle of 021201, an arc length of 20.28 feet; thence South 82148' East
130.00 feet, North 76129108" East 42.18 feet and North 47054' East
140.48 feet (140.00 feet in the Deed 2285/31) to a point on the
Westerly line of the land described in the Deed to the Reed Union School
District (673/201); thence along; said Westerly line, North 09115130"
East 174.84 feet and North 151121 East 9 2. 555 feet to the Northerly
point of the last referred to parcel of land; thence along the North
easterly line of said parcel, South 58050120" East 121.220 feet; thence
leaving the northeasterly line, South 00°53'21" East 155.170 feet to
a corner post in an existing wire fence; thence along said fence,
South 1001+5119" East 35.055 feet, South 17157136" [Test 47.993 feet,
South 08142132" West 59.644 feet, South 03005134" West 31.489 feet;
thence leaving the fence, South 19036139" West 23.838 feet,
South 68144149" West 47.662 feet and South 62150137" West 41.777 feet;
thence along a circular curve to the left, the last preceding course
being tangent, with a radius of 150.527 feet, thru a central angle of
21052113", an arc length of 5 7.4 5 7 feet; thence along a circular curve
to the right, having common tangent with the last preceding curve, with
a radius of 2 8 2. 3 3 6 feet, thru a central angle of 17121'52", an arc
length of 85.567 feet; thence South 69018135" West 33.678 feet (this
course is not tangent to the preceding curve) to a point on the
Westerly line of the lands of the School District (673/201) which
Westerly line is the Easterly line of the land described in the Deed
recorded in Book 2285 of Official Records at page 31; thence along
said Easterly line, South 361581 [Jest 170.00 feet to the Northeasterly
corner of the parcel described in the Deed to Sanitary District No. 5
of Darin County,'recorded September 13, 1962 in Book 1620 of Official
Records at page 280; thence leaving said Easterly line and along the
northeasterly and Northwesterly lines of the last parcel,
North 531021 West 15.00 feet and South 361581 West 20.00 feet to a
point on the Northeasterly line of the parcel described in the Deed to
Sanitary District No. 5 of Marin County, recorded December 20, 1961
in Book 1526 of Official Records at page 322; thence leaving the
:Northwesterly line and along the northeasterly and Northwesterly lines
of the last parcel, north 5 3° 02 1 13est 5.00 feet and South 36'581 West
40.15 feet to the Northeasterly line of Tiburon Boulevard thence along
said northeasterly line on a curve to the left the center of which
bears South 36110104" West, with a radius of 1553 feet, thru a central
angle of 090041041f, an arc length of 245.78 feet to the point of
beginning.
PARCEL TWO
All EASEMENT, appurtenant to Parcel One herein, for drainage and sanitary
sewers, utilities of all kinds, ingress and egress for vehicles
(including bicycles) and pedestrians, and for general roadway and
walkway purposes, 50 feet wide, 25 feet on each side of the following
described centerline:
Beginning; at a point that is the Easterly corner of the parcel of land
granted to Reed Union School District, recorded December 29, 1950 in
Book 673 of Official Records at page 201, said Easterly corner being
also an angle point with adjacent courses bearing North 31'09'40" East
and North 58050120" blest; thence FROM the point of beginning, along
the Southeasterly line of said parcel which is also the northwesterly
line of Lyford Drive, South 31109140" West 437.109 feet to the true
point of beginning; thence FRO14 the true point of beginning,
North 30021'12" West 54.159 feet; thence along a circular curve to
the right, the last preceding course being; tangent, with a radius of
10 0. 0 0 feet, thru a central angle of 23133144". an arc length of
41.124 feet; thence along the tangent to the preceding curve,
:forth 06047127" ~'Jest 52.530 feet; thence along a circular curve to the
left, the last preceding course being tangent, with a radius of 60 feet,
thru a central angle of . 44'23140", an arc length of 46.490 feet; thence
along the tangent to the preceding curve, North 51111108" [,lest 164.9 8
feet to the point of termination.
SCHEDULE B
Policy No. CAS 732267
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. Matters disclosed in Schedule of Exclusions From Coverage.
PART II
1. Any effect of a grant of easement (10 feet wide) to Pacific
Telephone and Telegraph Company
For
Aerial
and
underground
facilities
Recorded
: Novembe
r 2,
1945
Book
496 of
Offi
cial Records
at page 365
Location
Appears
to
be close to
the Easterly line of
Parcel
One,
subject to
relocation
2. Easement, 15 feet wide, granted to Santiary District No. 5
For : Sewer purposes
Recorded : July 27, 1961
Book : 1483 of Official Records at page 158
Rerecorded : December 20, 1961
Book : 1526 of Official Records at page 327
Location : Begins at the Southeast corner of Parcel One;
then along the Westerly line of Parcel One and
Northerly thru the center
3. Compliance with applicable land division laws and ordinances.
~ ~7k7-:
Authorized Signature
I
TSP-14B-CA: 12/76
NOTE: The following endorsements appearing after
Schedule B are an integral part of this policy.
none
Schedule B of this Policy consists of 1
pages. &WAULMU
INSURANCE CORPORATION
w
,
CL 'o a
ml
(0
c 1 `
~ 51 1
~ N27•0~.6 ► " t
' 160.7$
D
N \
1 0o
\ -A
trJti s ~ ,
s I \s
(n O v ~ fl 1~
1~ ° 1 W O s1 • '
1 y
N 1N c7 IV 33 •15'E r
1 b s / p~
v i
t ` yam J• ~i
r - z
rij
O r~ ~ M
A
It
0 O S XV n
L 220 4f
0. A RI TA D R.
z ID
T'~ y
O 7bb Tf•' Z I R- 370 Oi, N N]
C N .D. ~ , 25 G. 21 )
~1 i •,Ob 0S p co CO 0 9. n S/
i
Ss L6
kn N ye C)
r
r~ CD Cb 1 . y • i . / b\
NQ)o
~n to 1 t II p V r ?_19
o O 1 I` r n 140 s4Ei
C) OZ; i
"L3 Oo~ 1 ^ ISSE-S26-3X7
_ ~J ,
Vl 1 ~ W' r 0'1.91 A 1
Z C) f ' V 1 n1
C n 1 I _ , p o
rb . s
O-`
zy-:k 9
3
~D
11
:3 co
0
rr, f a n 1 I
~ x
'C.' LYFORD
cm to
n m" (.0 C13)
O
r°~~•. Cl T F TI BURON
t~ p~ H N
c+
F-'• G)
C+ G)
Cn O
(T~ ct• C+
CO O
rf-
P cf-
O
cF O
t-j
CD O 1 j C+'
~ H.
7
:U O
O U
O Fj
CD O
F-'• 1d Cl
O CD
N cl)
CD 01-~
e
cu
V
W
rV
. rift .J~
,<1\ ~0O
/ 7~0~
Q
z
Assessor's. -Map Bk. 56 -Pg.1S' 4 "
County of..Mgrin,' Calif. -
- Assessor
U l
t
1.
(31