HomeMy WebLinkAboutDeed 2010-09-13 (4 Marsh Road)�� �,���� � 1�I1 �II III III IIN IIII ,
� RECORDING REQUESTED BY: ��-T�° �- f:�j--���� ��=� � a'w;�
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Old Republic Title Company �.;:�:��.��� �;������� �
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Order No.: 0435009867-CB ����'�� i
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APN: 058-440-32 ��g� �;�� �i�����r�r,-fa�r;,�•�epn f
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When Recorded Mail Document and Tax Statements to: I !��
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Town of Tiburon
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��'����`�`" t � � 6 SPACEABO�E THIS LINE IS FOR RECORDER S USE
G ra nt Deed
The undersigned grantor(s) declare(s): ��-t"' 11 9�'�..
Documentary Transfer Tax is.
(X)computed on full value of pr perty conveyed, or
( )computed on full value less of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (X) City of Tiburon
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Carlene Stevens, an unmarried woman who acquired title as Carlene Hirst an unmarried woman
hereby GRANT(S)to
Town of Tiburon
that property in City of Tiburon, Marin County, State of California, described as:
See "Exhibit A"attached hereto and made a part hereof.
Date: June 28 2010
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Carlene Stevens
State of�
County of �',r��aw--
On ', � ""_�� before me, a , a
Notary Public, personally appeared �
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and offiicial seal. �'�-�"-
��,, C. BEARINGER
Cvmmission� 1805951
� ;�� a� Nn4ary Pubiic a California �
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Signature `�`�� i�y Comm. Expires Jul 5,2012
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(typed or printed) (Area reserved for official notarial seal)
Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE
ORDER NO. : 0435009867-CB
EXHIBIT A
The land referred to is situated in the County of Marin, City of Tiburon, State of California, and
is described as follows:
A CONDOMINIUM COMPRISED OF:
Parcei ane:
Unit 32 as shown and defined on that certain Condominium Plan recorded May 1, 1987 as
Recorder's Serial No. 87-29234, Marin County records, and as defined and limited in the
Declaration of Restrictions recorded May 1, 1987, as Recorder's Serial No. 87-29235, Marin
County Records.
Parcel Two: '
An Undivided 1/34th interest as Tenants in Common in and to the Common Area, designated
Lot 9, as shown upon 'that certain Map entitled, "Point Tiburon, in the Town of Tiburon, Marin
County, California," filed fro record February 16, 1984, in Volume 19 of Maps at Page 4, Marin
County Records, and as shown and defined on the Condominium Plan referred to herein and as
defined and limited by the Declaration of Restrictions referred to herein.
EXCEPTING THREFROM THE FOL:LOWING:
1) DCCLUSIVE EASEMENT for maintenance and use of roof or balcony or deck overhangs and
for use and enjoyment of areas and parking spaces which are restricted for the use of individual
Condominium Units in the Project, as more fully set forth in the above mentioned Declaration of
Restrictions;
2) EASEMENTS through said Unit, appurtenant to the Common Area and all other Units for
suppor�and repair or"fihe Common Area and aii other i�niTs; and
3) EASEMENTS appurtenant to the Common Area, for encroachment upon the air space of the
Unit by those portions of the Common Area located within the Unit.
Parcel Three:
1) A NON-EXCLUSIVE EASEMENT for ingress, egress and support through the Common Area as
shown upon the filed Map referred to herein and as shown and defined on the Condominium
plan referred to herein; and
2) DCCLUSIVE EASEMENTS for use of the areas designated as GP-51 and GP-47 for parking, as
shown and defined on the Condominium Plan referred to herein.
APN: 058-440-32
RESOLUTION NO. 10-2010
A RESOLU'I'ION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
AUTHORIZING THE TOWN MANAGER TO ACCEPT CONVEYANCE
OF A CONDOMINIUM LOCATED AT 4 MARSH ROAD, TIBURON
ON BEHALF OF THE TOWN OF TIBURON
WHEREAS, on March 3, 2010, the Town Council of the Town of Tiburon
authorized the purchase and acquisition of a condominium unit located at 4 Marsh Road,
Tiburon, California; and
WHEREAS, state law provides that a deed conveying an interest in land shall not
be accepted for recordation without the consent of the Town evidenced by its certificate
. or resolution of acceptance attached to or printed on the deed or grant; and
WHEREAS, the acceptance of the subject unit will benefit the residents of
Tiburon;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon that the Town Manager is authorized to execute all documents necessary to
acquire title to 4 Marsh Road, Tiburon, California, including,without limitation, a
certificate of the Town's consent to the conveyance. �
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on March 3, 2010, by the following vote:
AYES:COUNCILMEMBERS: Collins,Fraser, Fredericks, O'Donnell, Slavitz
NOES:COIJNCILMEMBERS: None
ABSENT:COtJNCILMEMBERS: None
� �� �
CHARD COLLINS, MAYOR
TOWN OF TIBURON
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ATTEST: ;�
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DLANE CRANE�A OPI, TOWN CLERK �N� C," PY ..�
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CERTIFICATE OF ACCEPTANCE
(Pursuant to Government Code Section 27281)
This is to certify that the interest in real property .conveyed by the Urant Deed, dated
June 28, 2410, from Carlene Stevens to the Town of Tiburon, a political corporation
and/or governmental agency, is hereby accepted by the undersigned officer or agent on
behalf of the Town of Tiburon pursuant to authority conferred by resolution No. 10-2010,
dated March 3, 2010, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: 1/, �'� �/ `�"�� ��
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By:
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Margaret A. urran, Town Manager
Town of Tiburon
CAL.IF R�l1A ALL-PtJRPOSE AC IVOiNLEDG 'r
State of California
County of /�t 2��"'�-�
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On �, ,,� f �_r71 � before me, / (���-�' ���f"�e'��� .,._�c't:-� �-� ���� f���`�-�_ U�fic_
—1 L Date l Here Insert Name and Tit e of he Officer
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personally appeared <'�,�� `��'�� ���" ����� �'��"
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Name(s)of Signer(s)
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who proved to me on the basis of satisfactory evidence to
be the person(�whose name(�) is/a�e subscribed to the
within instrument and acknowledged to me that
We/she/t�f�ey executed the same in h't�/her/tf�ir authorized
DIANE GRA�fE IACOPI capacity(ies), and that by Fiis/her/t�r signature�s) on the
Comenission�96�05�3 instrument the person(s}, or the entity upon behalf of
tMatary Public-G ' which the person(s^�-acted, executed the instrument.
rin County -^
C�nm.E res 15.20/3
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correcf.
_
WITNESS my `a d`� of ci seal.
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Signature ��
Place Notary Seal Above Signature of:.NdEary Public
OPT/OIV�I L
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Doc inent
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Title or Type of Document: - I `-'�f� ��' � � �-�''� ��'`��L'.(�,_
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Document Date: '.- I'� �i '� ���'� Number of Pages: � � 1 r� �
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: /"��'����'����• � �Y��'�'t� Signer's Name:
❑ Individual --- ❑ Individual
� Corporate Officer—Title(s): �� �"���'� �`��������'��❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • ' ❑Attorney in Fact • '
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: f_7 Other:
Signer Is Representing: Signer Is Representing:
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Date : September 13, 2010
To: Order No. : 0435009867-CB
Town of Tiburon Ref No. :
1505 Tiburon Blvd
Tiburon, CA 94920 �
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In accordance with instructions contained in the above Order, we are enclosing the documents indicated
below. Recorded documents will be mailed to you by the County Recorder after processing.
We are pleased to have had the opportunity to handle this transaction for you, and would appreciate
your requesting the services of Old Republic Title Company on all your future title and escrow needs.
Enclosures:
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Enclosures
Homeowne�'s Policy of Title Insuranoe
For a One-To-Four Famity Residenoe
�ssued By OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
400 Second Avenue South, Minneapolis, Minnesota 55401
Policy Number A04039-EHP-117925
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* OWNER'S INFORMATION SHEET
* � Your Title Insurance Policy is a legal contract between You and Us.
� It applies only to a one-to-four family residence and only if each insured named in Schedule A is
* * a Natural Person. If the Land described in Schedule A of the Policy is not an improved
.�,� * residential lot on which there is located a one-to-four family residence, or if each insured named
in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered
Risks are listed beginning on page 2 of the Policy.
The Policy is limited by:
• Provisions of Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions on page 4
• Exclusions on page 5
• Conditions on pages 5, 6, and 7
You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by
someone else after You transfer Your Title.
YF YOU WAP1T TO MAKE A CLAYM,SEE SECTION 3 i1iVDER CONDITIONS ON PAGE 5.
The premium for this Policy is paid once. No additional premium is owed for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy
features. The Policy explains in detail Your rights and obligations and Our rights and obligations.
Since the Policy--and not this sheet--is the legal document,
YOU SHOULD READ THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
Old Republic National Title Insurance Company
400 Second Avenue South,
Minneapolis, MN 55401
Issued through the Office of:
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, Minnesota 55401
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Authorized Signatory
ORNT Form 4445—CLTA/ALTA Homeowner's Policy of Title Insurance(O1/Ol/08)
For a One-to-Four Family Residence Page 1
TABLE OF CONTENTS
PAGE PAGE
OWNER'S COVERAGE STATEMENT 3 CONDITIONS 5, 6 and 7
COVERED RISKS 3 and 4 1. Definitions 5
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS 4 2. Continuation of Coverage 5
EXCLUSIONS 5 3. How to Make a Claim 5 and 6
4. Our Choices When We Learn of a Ciaim 6
5. Handling a Claim or Legal Action 6
6. Limitation of Our Liability 6 and 7
7. Transfer of Your Rights to Us 7
8. This Policy is the Entire Contract 7
9. Increased Policy Amount 7
10. Severability 7
il. Arbitration 7
12. Choice of Law 7
SCHEDULE A INSERT
Policy Number, [Premium], Date and Time and
Amount
Deductible Amounts and Maximum Doilar
Limits of Liability
Street Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B-- EXCEPTIONS INSERT
ORNT Form 4445—CLTA/ALTA Homeowner's Policy of Title Insurance(01/O1/08)
For a One-to-Four Family Residence Page 2
As soon as You Know of anything that might be covered by this Policy,You must notify Us promptly in writing at the
address shown in Section 3 of the Conditions.
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys'fees and expenses provided under this Policy. The loss must
result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which
there is located a one-to-four family residence and only when each insured named in Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event
creating the risk exists on the Policy Date or,to the extent expressly stated in Covered Risks, after the Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount
• For Covered Risk 16, 18, 19 and 21,Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• The Exceptions in Schedule B
• Our Duty to Defend Against Legal Actions
• Exclusions on page 5
• Conditions on pages 5, 6 and 7
COVERED RISKS
The Covered Risks are: 9. Someone else has an encumbrance on Your Title.
1. Someone else owns an interest in Your Title. 10. Someone else claims to have rights affecting Your Title
2. Someone else has rights affecting Your Title because of because of fraud,duress, incompetency or incapacity.
leases, contracts,or options. 11. You do not have actual vehicular and pedestrian access to and
3. Someone else claims to have rights affecting Your Title from the Land, based upon a legal right.
because of forgery or impersonation. 12. You are forced to correct or remove an existing violation of any
4. Someone else has an easement on the Land. covenant, condition or restriction affecting the Land, even if
5. Someone else has a right to limit Your use of the Land. the covenant,condition or restriction is excepted in Schedule B.
6. Your Title is defective. Some of these defects are: However,You are not covered for any violation that relates to:
a. Someone else's failure to have authorized a transfer a. any obligation to perform maintenance or repair on the
or conveyance of your Title. Land; or;
b. Someone else's failure to create a valid document by b. environmental protection of any kind, including hazardous
electronic means. or toxic conditions or substances
c. A document upon which Your Title is based is invalid
because it was not properly signed, sealed, Unless there is a notice recorded in the Public Records,
acknowledged, delivered or recorded. describing any part of the Land, claiming a violation exists. Our
d. A document upon which Your Title is based was liability for this Covered Risk is limited to the extent of the
signed using a falsified, expired,or otherwise invalid violation stated in that notice.
power of attorney. 13. Your Title is lost or taken because of a violation of any
e. A document upon which Your Title is based was not covenant, condition or restriction,which occurred before You
properly filed, recorded, or indexed in the Public acquired Your Title, even if the covenant, condition or
Records. restriction is excepted in Schedule B.
f. A defective judicial or administrative proceeding. 14. The violation or enforcement of those portions of any law or
7. Any of Covered Risks 1 through 6 occurring after the government regulation concerning:
Policy Date. a. building;
8. Someone else has a lien on Your Title, including a: b. zoning;
a. lien of real estate taxes or assessments imposed on c. land use;
Your Title by a governmental authority that are due d. improvements on the land;
or payable, but unpaid; e. land division; or
b. Mortgage; f. environmental protection,
c. judgment, state or federal tax lien; If there is a notice recorded in the Public Records, describing
d. charge by a homeowner's or condominium any part of the Land, claiming a violation exists or declaring the
association; or intention to enforce the law or regulation. Our liability for this
e. lien, occurring before or after the Policy Date,for Covered Risk is limited to the extent of the violation or
labor and material furnished before the Policy Date. enforcement stated in that notice.
ORNT Form 4445—CLTA/ALTA Homeowner's Poficy of Title Insurance(01/O1/08)
For a One-to-Four Family Residence Page 3
15. An enforcement action based on the exercise of a 23. You are forced to remove Your existing structures which
governmental police power not covered by Covered Risk 14 encroach onto an easement or over a building set-back line,
if there is a notice recorded in the Public Records, even if the easement or building set-back line is excepted in
describing any part of the Land, of the enforcement action Schedule B.
or intention to bring an enforcement action. Our liability 24. Your existing structures are damaged because of the exercise
for this Covered Risk is limited to the extent of the of a right to maintain or use any easement affecting the Land,
enforcement action stated in that notice. even if the easement is excepted in Schedule B.
16. Because of an existing violation of a subdivision law or 25. Your existing improvements(or a replacement or modification
regulation affecting the Land: made to them after the Policy Date), including lawns,shrubbery
a. You are unable to obtain a building permit; or trees, are damaged because of the future exercise of a right
b. You are required to correct or remove the violation; or to use the surface of the Land for the extraction or
c. someone else has a legal right to, and does, refuse to development of minerals,water or any other substance, even if
perform a contract to purchase the Land, lease it or those rights are excepted or reserved from the description of
make a Mortgage loan on it. the Land or excepted in Schedule B.
The amount of Your insurance for this Covered Risk is 26. Someone else tries to enforce a discriminatory covenant,
subject to Your Deductible Amount and Our Maximum condition or restriction that they claim affects Your Title which
Dollar Limit of Liability shown in Schedule A. is based upon race, color, religion,sex, handicap,familial
17. You lose Your Title to any part of the Land because of the status, or national origin.
right to take the Land by condemning it, if: 27. A taxing authority assesses supplemental real estate taxes not
a. there is a notice of the exercise of the right recorded previously assessed against the Land for any period before the
in the Public Records and the notice describes any Policy Date because of construction or a change of ownership
part of the Land; or or use that occurred before the Policy Date.
b. the taking happened before the Policy Date and is 28. Your neighbor builds any structures after the Policy Date--
binding on You if You bought the Land without other than boundary walls or fences--which encroach onto the
Knowing of the taking Land.
18. You are forced to remove or remedy Your existing 29. Your Title is unmarketable, which allows someone else to
structures, or any part of them-other than boundary walis refuse to perForm a contract to purchase the Land, lease it or
or fences- because any portion was built without obtaining make a Mortgage loan on it.
a building permit from the proper government office. The 30. Someone else owns an interest in Your Title because a court
amount of Your insurance for this Covered Risk is subject order invalidates a prior transfer of the title under federal
to Your Deductible Amount and Our Maximum Dollar Limit bankruptcy,state insolvency,or similar creditors'rights laws.
of Liability shown in Schedule A. 31. The residence with the address shown in Schedule A is not
19. You are forced to remove or remedy Your existing located on the Land at the Policy Date.
structures, or any part of them, because they violate an 32. The map, if any,attached to this Policy does not show the
existing zoning law or zoning regulation. If You are correct location of the Land according to the Public Records.
required to remedy any portion of Your existing structures,
the amount of Your insurance for this Covered Risk is
subject to Your Deductible Amount and Our Maximum OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
Dollar Limit of Liability shown in Schedule A.
20. You Cdnnot Use the Ldnd beCdUse use as d Single-fdmily We will defend Your Title in any legal action only as to that part of the action
residence violates an existing zoning law or zoning which is based on a Covered Risk and which is not excepted or excluded
reguldtion. from coverage in this Policy. We will pay the costs,attorneys'fees,and
21. You are forced to remove Your existing structures because expenses We incur in that defense.
they encroach onto Your neighbor's land. If the
encroaching structures are boundary walls or fences,the We will not pay for any part of the legal action which is not based on a
amount of Your insurance for this Covered Risk is subject Covered Risk or which is excepted or expected or excluded from coverage in
to Your Deductible Amount and Our Maximum Dollar Limit this Poticy.
of Liability shown in Schedule A.
22. Someone else hds d legdl rlght to,dnd dOeS, refuse to We can end Our duty to defend Your Title under paragraph 4 of the
perform a contract to purchase the Land, lease it or make Conditions.
a Mortgage loan on it because Your neighbor's existing
StrUctUreS enCrOdCh OntO the Land. THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B
ORNT Form 4445—CLTA/ALTA Homeowner's Policy of Title Insurance(01/01/08)
For a One-to-Four Family Residence Page 4
EXC W SIONS
In addition to the Exceptions in Schedule B,You are not insured against recorded in the Public Records later than the date and
loss,costs,attorneys'fees,and expenses resulting from tlme shown in SChedule A,the Policy Date IS the date and
time the instrument is recorded.
1. Governmental poiice power,and the existence or violation of those g. Public Records—reCords that give construCtive notice of
portions of any law or government regulation concerning mdtters dffeCting Your Title, according to the stdte
a. building; statutes where the Land is located
b. zoning; h. Title—the ownership of Your interest in the Land, as
c. land use; shown in Schedule A.
d. improvements on the Land; i. Trust—a living trust established by a humdn being for
e. land division; and estate pldnning.
f. environmental protection j. We/Our/Us—Old Republic National Title Insurance
This Exclusion does not limit the coverage described in Covered k. You Your—the insured named in Schedule A and also
Risk 8.a., 14, 15, 16, 18, 19,20,23 or z�. those identified in paragraph 2.b of these Conditions.
2. The faiiure of Your existing structures,or any part of them,to be
constructed in accordance with applicable building codes. This 2. CONTINUATION OF COVERAGE
Exclusion does not limit the coverage described in Covered Risk 14 a. This Policy insures You forever, even after You no longer
or 15. have Your Title. You cannot assign this Policy to anyone
3. The right to take the Land by condemning it. This Exclusion does else.
not Iimit the coverage described in Covered Risk 17. b. This POlicy 81so inSUres:
4. Risks: (1) anyone who inherits Your Title because of Your
a. that are created,allowed,or agreed to by You,whether or not dedth;
they are recorded in the Public Records; (2) Your spouse who receives Your Title because of
b. that are Known to You at the Policy Date, but not to Us, unless dissolution of Your marriage;
they are recorded in the Public Records at the Policy Date; (3) the truStee or SUCCeSSOr trustee Of d Trust to Whom
c. that result in no loss to You;or You transfer Your Title after the Policy Date; or
d. that first occur after the Poiicy Date-this does not limit the (4) the beneficidries of Your Trust upon Your dedth.
coverage described in Covered Risk 7,8.e.,25,26,27 or 28; c. We may assert against the insureds identified in
5. Faiiure to pay value for Your Title. paragraph 2.b. any rights and defenses that We have
6. �ack of a right: against any previous insured under this Policy.
a. to any land outside the area specifically described and referred 3. HOW TO MAKE A CLAIM
to in paragraph 3 of 5chedule A; and d. Prompt Notice Of Your Cldim
b. in streets,alleys,or waterways that touch the Land. (5) As soon as You Know of anything that might be
This Exclusion does not Iimit the coverage described in Covered covered by this PoliCy,You mUst notify US
Risk 11 or z1. promptly in writing
(6) Send Your notice to Old Republic National Title
Insurance Company,400 Second Avenue South,
Minneapolis, MN 55401
CONDITIONS Attention: Claims Department. Please include
1. DEFINITIONS the Policy number shown in Schedule A,and the
a. Easement-the right of someone else to use the Land county and state where the Land is located.
for a special purpose. Please enclose a copy of Your policy, if availabie.
b. Known—things about which You have actuai (7) If You do not give Us prompt notice,Your
knowledge. The words��Know"and"Knowing"have the coverage will be reduced or ended, but only to
same meaning as Known the extent Your failure affects Our ability to
c. Land—the land or condominium unit described in resolve the claim or defend You.
paragraph 3 of Schedule A and any improvements on b. Proof Of Your Loss
the Land which are real property. (1) We may require You to give Us a written statement
d. Mortaaae—a mortgage, deed of trust,trust deed or signed by You describing Your loss which includes:
other security instrument. (a) the basis of Your claim;
e. Natural Person—a human being, not a commercial or (b) the Covered Risks which resulted in Your loss;
legal organization or entity. Natural Person includes a (c) the dollar amount of Your loss; and
trustee of a Trust even if the trustee is not a human (d) the method You used to compute the amount of
being. Your loss.
f. Policy Date—the date and time shown in Schedule A. (2) We may require You to make available to Us
If the insured named in Schedule A first acquires the records, checks, letters, contracts, insurance policies
interest shown in Schedule A by an instrument and other papers which relate to Your claim. We
may make copies of these papers.
ORNT Form 4445—CLTA/ALTA Homeowner's Policy of Title Insurance(Ol/01/08)
For a One-to-Four Family Residence Page 5
(3) We may require You to answer questions about
Your ciaim under oath. e. Whether or not We agree there is coverage,We can bring
(4) If you fail or refuse to give Us a statement of or defend a legal action, or take other appropriate action
loss,answer Our questions under oath, or make under this Policy. By doing so,We do not give up any
available to Us the papers We request,Your rights.
coverage will be reduced or ended, but only to 6. LIMITATIONS OF OUR LIABILITY
the extent Your failure or refusal affects Our a. After subtracting Your Deductible Amount if it applies,We
ability to resolve the claim or defend You. will pay no more than the least of:
(1) Your actualloss;
4. OUR CHOICES WHEN WE LEARN OF A CLAIM (2) Our Maximum Dollar Limit of Liability then in force for
a. After We receive Your notice, or otherwise learn,of a the particular Covered Risk,for claims covered only
claim that is covered by this Policy, Our choices under Covered Risk 16, 18, 19 or 21; or
include one or more of the following: (3) the Policy Amount then in force;
(1) Pay the claim; and any costs,attorneys'fees and expenses that We are
(2) Negotiate a settlement; obligated to pay under this Policy.
(3) Bring or defend a legal action related to the b. If We pursue Our rights under Sections 4.a.(3)and 5.e. of
claim; these Conditions and are unsuccessful in establishing the
(4) Pay You the amount required by this Policy; Title, as insured:
(5) End the coverage of this Policy for the claim by (1) the Policy Amount then in force will be increased by
paying You Your actual loss resulting from the 10%of the Policy Amount shown in Schedule A, and
Covered Risk, and those costs,attorneys'fees (2) You shall have the right to have the actual loss
and expenses incurred up to that time which We determined on either the date the claim was made by
are obligated to pay; You or the date it is settled and paid.
(6) End the coverage described in Covered Risk 16, c.
18, 19 or 21 by paying You the amount of Your (1) If We remove the cause of the claim with reasonable
insurance then in force for the particular Covered diligence after receiving notice of it,all Our obligations
Risk, and those costs, attorneys'fees and for the claim end, inciuding any obligation for loss You
expenses incurred up to that time which We are had while We were removing the cause of the ciaim.
obligated to pay; (2) Regardless of 6.c.(1) above, if You cannot use the
(7) End ail coverage of this Policy by paying You the Land because of a claim covered by this Policy:
Policy Amount then in force, and those costs, a. You must rent a reasonably equivalent substitute
attorneys'fees and expenses incurred up to that residence and We will repay You for the actual
time which We are obligated to pay; rent You pay, until the earlier of:
(8) Take other appropriate action. i. the cause of the claim is removed;
b. When We choose the options in Sections 4.a. (5), (6) or
or(7), all Our obligations for the claim end, including ii. We pay You the amount required
Our obligation to defend, or continue to defend, any by this Policy. If Your claim is
legal action. covered only under Covered Risk
c. Even if We do not think that the Policy covers the 16, 18, 19 or 21,that payment is
claim,We may choose one or more of the options the amount of Your insurance then
above. By doing so,We do not give up any rights. in force for the particular Covered
5. HANDLING A CLAIM OR LEGAL ACTION: Risk.
a. You must cooperate with Us in handling any claim or b. We will pay reasonable costs You pay to relocate
legal action and give Us all relevant information. any personal property You have the right to
b. If You fail or refuse to cooperate with Us,Your remove from the Land, including transportation of
coverage will be reduced or ended, but only to the that personal property for up to twenty-five(25)
extent Your failure or refusal affects Our ability to miles from the Land, and repair of any damage to
resolve the ciaim or defend You. that personal property because of the relocation.
c. We are required to repay You only for those The amount We will pay You under this paragraph
settlement costs, attorneys'fees and expenses that is limited to the value of the personal property
We approve in advance. before You relocate it.
d. We have the right to choose the attorney when We d. All payments We make under this Policy reduce the Policy
bring or defend a legal action on Your behalf. We can Amount, except for costs,attorneys'fees and expenses.
appeal any decision to the highest level. We do not All payments We make for claims which are covered only
have to pay Your claim until the legal action is finally under Covered Risk 16, 18, 19 or 21 also reduce Our
decided. Maximum Dollar Limit of Liability for the particular Covered
Risk, except for costs, attorneys'fees and expenses.
ORNT Form 4445—CLTA/ALTA Homeowner's Policy of Title Insurance(01/01/08)
For a One-to-Four Family Residence Page 6
e. If We issue,or have issued, a Policy to the owner of a 9. INCREASED POLICY AMOUNT
Mortgage that is on Your Title and We have not given The Policy Amount then in force will increase by ten percent
You any coverage against the Mortgage,then: (10%)of the Policy Amount shown in Schedule A each year for
(1) We have the right to pay any amount due You the first five years foilowing the Policy Date shown in Schedule
under this Policy to the owner of the Mortgage, A, up to one hundred fifty percent(150%)of the Policy
and any amount paid shall be treated as a Amount shown in Schedule A. The increase each year will
payment to You under this Policy, including under happen on the anniversary of the Policy Date shown in
Section 4.a.of these Conditions; Schedule A.
(2) Any amount paid to the owner of the Mortgage 10. SEVERABILtTY
shall be subtracted from the Policy Amount then If any part of this Policy is held to be legally unenforceable,
in force and: both You and We can still enforce the rest of this Policy.
(3) If Your claim is covered only under Covered Risk 11. ARBITRATION
16, 18, 19 or 21,any amount paid to the owner of a. If permitted in the state where the Land is located,You or
the Mortgage shall also be subtracted from Our We may demand arbitration.
Maximum Dollar Limit of Liability for the particular b. The law used in the arbitration is the law of the state
Covered Risk. where the Land is located.
f. If You do anything to affect any right of recovery You c. The arbitration shall be under the Title Insurance
may have against someone else,We can subtract Arbitration Rules of the American Land Title Association
from Our liability the amount by which You reduced ��Rules'�. You can get a copy of the Rules from Us.
the value of that right. d. Except as provided in the Rules,You cannot join or
7. TRANSFER OF YOUR RIGHTS TO US consolidate Your claim or controversy with claims or
a. When We settle Your claim,We have all the rights controversies of other persons.
and remedies You have against any person or e. The arbitration shali be binding on both You and Us. The
property related to the claim. You must not do arbitration shall decide any matter in dispute between You
anything to affect these rights and remedies. When and Us.
We ask,You must execute documents to evidence the f. The arbitration award may be entered as a judgment in
transfer to Us of these rights and remedies. You the proper court.
must let Us use Your name in enforcing these rights 12. CHOICE OF LAW
and remedies. The law of the state where the Land is located shall apply to
b. We will not be liable to You if We do not pursue these this policy.
rights and remedies or if We do not recover any
amount that might be recoverable.
c. We will pay any money We collect from enforcing
these rights and remedies in the following order:
(1) to Us for the costs, attorneys'fees and expenses
We paid to enforce these rights and remedies;
(2) to You for Your loss that You have not already
col lected;
(3) to Us for any money We paid out under this Policy
on account of Your claim; and
(4) to You whatever is left.
d. If You have rights and remedies under contracts
(such as indemnities,guaranties, bonds or other
policies of insurance)to recover all or part of Your
loss,then We have all of those rights and remedies,
even if those contracts provide that those obiigated
have all of Your rights and remedies under this Policy.
8. THIS POLICY IS THE ENTIRE CONTRACT
This Policy,with any endorsements, is the entire contract
between You and Us. To determine the meaning of any
part of this Policy,You must read the entire Policy and any
endorsements. Any changes to this Policy must be agreed
to in writing by Us. Any claim You make against Us must
be made under this Policy and is subject to its terms.
ORNT Form 4445—CLTA/ALTA Homeowner's Policy of Title Insurance(01/O1/08)
For a One-to-Four Family Residence Page 7
SCHEDULE A
order No: 0435009867-CB Premium :$ 873.00
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401
Policy No: A04039-EHP-117925
Poiicy Amount: $ 181,000.00 Policy�ate and Time: July 1st, 2010 at 2:30:00 PM
Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16,18,19 and 21
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1%of Policy Amount $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 18: 1%of Policy Amount $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 19: 1%of Policy Amount $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 21: 1%of Policy Amount $25,000.00
or
$5,000.00
(whichever is less)
Street Address of the Land:
4 Marsh Road Unit 32, Tiburon, CA 94920
1. Name of insured:
Town of Tiburon
2. Your interest in the Land covered by this Policy is:
Condominium as defined in section 783 of the California Civii Code
3. The Land referred to in this Policy is described as:
A Condominium comprised of:
PARCEL ONE:
Unit 32 as shown and defined on that certain Condominium Plan recorded May 1, 1987 as Recorder's Seriai
No. 87-29234, Marin County records, and as defined and limited in the Declaration of Restrictions recorded
May 1, 1987, as Recorder's Serial No. 87-29235, Marin County Records.
PARCEL TWO:
Page 1 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance(Ol/O1%08)
Schedule A
For a One-to-Four Family Residence
An undivided 1/34th interest as tenants in common in and to the Common Area, designated Lot 9, as shown
upon that certain Map entitled, "Point Tiburon, in the Town of Tiburon, Marin County, California," filed fro
record February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records, and as shown and defined
on the Condominium Plan referred to herein and as defined and limited by the Declaration of Restrictions
referred to herein.
EXCEPTING THREFROM THE FOLLOWING:
1) Exclusive easement for maintenance and use of roof or balcony or deck overhangs and for use and
enjoyment of areas and parking spaces which are restricted for the use of individual Condominium Units in the
Project, as more fully set forth in the above mentioned Declaration of Restrictions;
2) Easements through said Unit, appurtenant to the Common Area and all other Units for support and repair of
the Common Area and all other Units; and
3) Easements appurtenant to the Common Area, for encroachment upon the air space of the Unit by those
portions of the Common Area located within the Unit.
Parcel Three:
1) A non-exclusive easement for ingress, egress and support through the Common Area as shown upon the
filed Map referred to herein and as shown and defined on the Condominium Plan referred to herein; and
2) Exclusive easements for use of the areas designated as GP-51 and GP-47 for parking, as shown and defined
on the Condominium Plan referred to herein.
APN: 058-440-32
Page 2 of {Insert Page Total) Pages Page 2 of 9
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance(O1/O1/O8)
Schedule A
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
SCHEDULE B
Exceptions
In addition to the Exclusions,You are not insured against loss, costs,attorneys'fees,and expenses resulting from:
1. Taxes and assessments, general and special, for the fiscal year 2010 - 2011, a lien, but not
yet due or payable.
2. Any special tax which is now a lien and that may be levied within the Tiburon—Library CFD
95-1, notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said notice(s) for a special tax to be
levied annually, the amounts of which are to be added to and collected with the property
taxes.
NOTE: The current annual amount levied against this land is $66.00.
NOTE: Further information on said assessment or special tax can be obtained by contacting:
Name : NBS—Government Finance
Telephone No.: (800) 676-7516
3. Any special tax which is now a lien and that may be levied within the T-Old St. Hilary Open
Space CFD '93-1, notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said notice(s) for a special tax to be
levied annually, the amounts of which are to be added to and collected with the properry
taxes.
NOTE: The current annual amount levied against this land is $98.00.
NOTE: Further information on said assessment or special tax can be obtained by contacting:
Name : MFS— Muni Financial Services
Telephone No.: (800) 755-6864
Page 3 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance(01/01/08)
Schedule B
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
4. Any special tax which is now a lien and that may be levied within the T-Old St. Hilary Open
Space CFD '97-1, notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said notice(s) for a special tax to be
levied annually, the amounts of which are to be added to and collected with the property
taxes.
NOTE: The current annual amount levied against this land is $98.00.
NOTE: Further information on said assessment or special tax can be obtained by contacting:
Name : MFS— Muni Financial Services
Telephone No.: (800) 755-6864
5. Easements for ingress, egress, private rights and/or utilities and incidental purposes, as
disclosed by instruments of record affecting the"Common Area".
6. (1) Any adverse claim based upon the assertion that any portion of said land was not
tideland subject to disposition by the State of California, or that any portion thereof has
become submerged land by reason of erosion or has become upland by reason of accretion.
(2) Rights and easements for commerce, navigation and fishery.
7. Terms and provisions as contained in an instrument,
Entitled : "Notice"
Executed By . Northwestern Pacific Railroad Company in favor of City of Tiburon
Recorded . August 3, 1971 in Book 2489 of Official Records, Page 337
Which, among other things, provides: Consent to use of land by general public for pedestrian
access betsween Mar West Street, Paradise Drive and Tiburon Boulevard.
8. Terms and provisions as contained in an instrument,
Entitled : "Notice of Consent"
Executed By . )ay Guetnick
Recorded : April 28, 1977 in Book 3191 of Official Records, Page 652
Which, among other things, provides: The right of the public or any person to make any use
whatsoever of the aboe described land . . . is by permission and subject to control of owner.
Page 4 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance(O1/O1/08)
Schedule B
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
9. Redevelopment Plan, as follows:
Entitled . "Redevelopment Pian for Tiburon Redevelopment Project"
Executed By . City of Tiburon
Recorded . December 27, 1983 in O�cial Records under Recorder's Serial
Number 83-65111
10. Terms and provisions as contained in an instrument,
Entitled . "Point Tiburon Owners Participation Agreement"
Executed By . The Innisfree Companies, a California corporation, and Tiburon
Redevelopment Agency, a public body
Recorded . June 26, 1985 in Official Records under Recorder's Serial Number 85-
26763
Which, among other things, provides: Terms and Conditions governing Point Tiburon Share
of cost of Public Improvements.
11. Notes as contained in that certain Condominium Plan entitled, "Point Tiburon-Marsh, a
Condominium Project", recorded May 1, 1987 in Official Records, under Recorder's Serial
Number 87-29234.
12. Covenants, Conditions, Restrictions, Limitations, Easements, Assessments, Reservations,
Exceptions, Terms, Liens or Charges, but omitting any covenants or restrictions if any, based
upon race, color, religion, sex, handicap, familial status, or national origin unless and only to
the e>ctent that said covenant (a) is exempt under Title 42, Section 3607 of the United States
Code or (b) relates to handicap but does not discriminate against handicapped persons, as
provided in an instrument.
Recorded : May �., 1987 in OfFicial Records under Recorder's Seriai Number 87-
29235
Modification thereof, but omitting any covenants or restrictions if any, based upon
race, color, religion, sex, handicap, familial status, or national origin unless and only
to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate against
handicapped persons.
Executed By . Point Tiburon Marsh Condominium Association
Dated : February 12, 2010
Recorded . March il, 20�.0 in O�cial �2ecords under Recorder`s Serial
Number 20�.0-0011569
Page 5 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance(O1/01%08)
Schedule B
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
NOTE: "If this document contains any restriction based on race, color, religion, sex,
sexual orientation, familial status, marital status, disability, national origin, source of
income as defined in subdivision (p) of section 12955, or ancestry, that restriction
violates state and federal fair housing laws and is void, and may be removed
pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state
and federal law on the age of occupants in senior housing or housing for older
persons shall not be construed as restrictions based on familial status."
13. Liens and charges for upkeep and maintenance as provided in the above mentioned
Covenants, Conditions and Restrictions, if any, where no notice thereof appears on record.
For information regarding the current status of said liens and/ or assessments
Contact . Point Tiburon Marsh Condominium Association
14. Terms and provisions as contained in an instrument,
Entitled . "Memorandum of Settlement Agreement and Release"
Executed By . Point Tiburon Marsh Condominium Association, et al.,
Recorded . February 18, 1993 in Offiicial Records under Recorder's 5erial Number
93-015009
Page 6 of 6 Pages
ORNT Form 4445 CLTA/A�TA Homeowner's Policy of Title Insurance(O1/O1%O8)
Schedule B
For a One-to-Four Family Residence
OLD REPUBLIC
TITLE COMPANY
524 Gibson Drive
Roseville, CA 95678
D16) 781-4100 Fax: (916) 784-3563
Date : September 13, 2010
To:
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
Order No. 0435009867-CB
Ref No.
3
In accordance with instructions contained in the above Order, we are enclosing the documents indicated
below. Recorded documents will be mailed to you by the County Recorder after processing.
We are pleased to have had the opportunity to handle this transaction for you, and would appreciate
your requesting the services of Old Republic Title Company on all your future title and escrow needs.
Enclosures:
Policy of Title Insurance
Yours Truly,
Old Republic Title Company
V E U,
k LIEP 21 2010
FINANCE vEPARTMENT
t. TIOWN OF T19,1 -7
Enclosures
Homeowner's Policy of Tide Insurance
For a One-To-Four Family Residence
issued By OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
400 Second Avenue South, Minneapolis, Minnesota 55401
Policy Number A04039-EHP-117925
* OWNER'S INFORMATION SHEET
* Your Title Insurance Policy is a legal contract between You and Us.
It applies only to a one-to-four family residence and only if each insured named in Schedule A is
a Natural Person. If the Land described in Schedule A of the Policy is not an improved
* residential lot on which there is located a one-to-four family residence, or if each insured named
in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered
Risks are listed beginning on page 2 of the Policy.
The Policy is limited by:
• Provisions of Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions on page 4
• Exclusions on page 5
• Conditions on pages 5, 6, and 7
You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by
someone else after You transfer Your Title.
IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS ON PAGE 5.
The premium for this Policy is paid once. No additional premium is owed for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy
features. The Policy explains in detail Your rights and obligations and Our rights and obligations.
Since the Policy--and not this sheet--is the legal document,
YOU SHOULD READ THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
Old Republic National Title Insurance Company
400 Second Avenue South,
Minneapolis, MN 55401
Issued through the Office of.
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, Minnesota 55401
BY
r~
Attest
Authorized Signatory
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence
President
Secretary
~~~`+/~~M GYM A , t ~ a s\ ew
Page 1
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT
COVERED RISKS
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
EXCLUSIONS
PAGE
3 CONDITIONS
3 and 4 1. Definitions
4 2. Continuation of Coverage
5 3. How to Make a Claim
4. Our Choices When We Learn of a Claim
5. Handling a Claim or Legal Action
6. Limitation of Our Liability
7. Transfer of Your Rights to Us
8. This Policy is the Entire Contract
9. Increased Policy Amount
10. Severability
11. Arbitration
12. Choice of Law
SCHEDULE A
Policy Number, [Premium], Date and Time and
Amount
Deductible Amounts and Maximum Dollar
Limits of Liability
Street Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B EXCEPTIONS
PAGE
5,6and7
5
5
5 and 6
6
6
6 and 7
7
7
7
7
7
7
INSERT
INSERT
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence Page 2
As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the
address shown in Section 3 of the Conditions.
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy. The loss must
result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which
there is located a one-to-four family residence and only when each insured named in Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event
creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• The Exceptions in Schedule B
• Our Duty to Defend Against Legal Actions
• Exclusions on page 5
• Conditions on pages 5, 6 and 7
COVERED RISKS
The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title because of
leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title
because of forgery or impersonation.
4. Someone else has an easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective. Some of these defects are:
a. Someone else's failure to have authorized a transfer
or conveyance of your Title.
b. Someone else's failure to create a valid document by
electronic means.
c. A document upon which Your Title is based is invalid
because it was not properly signed, sealed,
acknowledged, delivered or recorded.
d. A document upon which Your Title is based was
signed using a falsified, expired, or otherwise invalid
power of attorney.
e. A document upon which Your Title is based was not
properly filed, recorded, or indexed in the Public
Records.
f. A defective judicial or administrative proceeding.
7. Any of Covered Risks 1 through 6 occurring after the
Policy Date.
8. Someone else has a lien on Your Title, including a:
a. lien of real estate taxes or assessments imposed on
Your Title by a governmental authority that are due
or payable, but unpaid;
b. Mortgage;
c. judgment, state or federal tax lien;
d. charge by a homeowner's or condominium
association; or
e. lien, occurring before or after the Policy Date, for
labor and material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title.
10. Someone else claims to have rights affecting Your Title
because of fraud, duress, incompetency or incapacity.
11. You do not have actual vehicular and pedestrian access to and
from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any
covenant, condition or restriction affecting the Land, even if
the covenant, condition or restriction is excepted in Schedule B.
However, You are not covered for any violation that relates to:
a. any obligation to perform maintenance or repair on the
Land; or;
b. environmental protection of any kind, including hazardous
or toxic conditions or substances
Unless there is a notice recorded in the Public Records,
describing any part of the Land, claiming a violation exists. Our
liability for this Covered Risk is limited to the extent of the
violation stated in that notice.
Your Title is lost or taken because of a violation of any
covenant, condition or restriction, which occurred before You
acquired Your Title, even if the covenant, condition or
restriction is excepted in Schedule B.
The violation or enforcement of those portions of any law or
government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the land;
e. land division; or
f. environmental protection,
If there is a notice recorded in the Public Records, describing
any part of the Land, claiming a violation exists or declaring the
intention to enforce the law or regulation. Our liability for this
Covered Risk is limited to the extent of the violation or
enforcement stated in that notice. _
13
14.
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence Page 3
15. An enforcement action based on the exercise of a
governmental police power not covered by Covered Risk 14
if there is a notice recorded in the Public Records,
describing any part of the Land, of the enforcement action
or intention to bring an enforcement action. Our liability
for this Covered Risk is limited to the extent of the
enforcement action stated in that notice.
16. Because of an existing violation of a subdivision law or
regulation affecting the Land:
a. You are unable to obtain a building permit;
b. You are required to correct or remove the violation; or
c. someone else has a legal right to, and does, refuse to
perform a contract to purchase the Land, lease it or
make a Mortgage loan on it.
The amount of Your insurance for this Covered Risk is
subject to Your Deductible Amount and Our Maximum
Dollar Limit of Liability shown in Schedule A.
17. You lose Your Title to any part of the Land because of the
right to take the Land by condemning it, if:
a. there is a notice of the exercise of the right recorded
in the Public Records and the notice describes any
part of the Land; or
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking
18. You are forced to remove or remedy Your existing
structures, or any part of them - other than boundary walls
or fences - because any portion was built without obtaining
a building permit from the proper government office. The
amount of Your insurance for this Covered Risk is subject
to Your Deductible Amount and Our Maximum Dollar Limit
of Liability shown in Schedule A.
19. You are forced to remove or remedy Your existing
structures, or any part of them, because they violate an
existing zoning law or zoning regulation. If You are
required to remedy any portion of Your existing structures,
the amount of Your insurance for this Covered Risk is
subject to Your Deductible Amount and Our Maximum
Dollar Limit of Liability shown in Schedule A.
20. You cannot use the Land because use as a single-family
residence violates an existing zoning law or zoning
regulation.
21. You are forced to remove Your existing structures because
they encroach onto Your neighbor's land. If the
encroaching structures are boundary walls or fences, the
amount of Your insurance for this Covered Risk is subject
to Your Deductible Amount and Our Maximum Dollar Limit
of Liability shown in Schedule A.
22. Someone else has a legal right to, and does, refuse to
perform a contract to purchase the Land, lease it or make
a Mortgage loan on it because Your neighbor's existing
structures encroach onto the Land.
23. You are forced to remove Your existing structures which
encroach onto an easement or over a building set-back line,
even if the easement or building set-back line is excepted in
Schedule B.
24. Your existing structures are damaged because of the exercise
of a right to maintain or use any easement affecting the Land,
even if the easement is excepted in Schedule B.
25. Your existing improvements (or a replacement or modification
made to them after the Policy Date), including lawns, shrubbery
or trees, are damaged because of the future exercise of a right
to use the surface of the Land for the extraction or
development of minerals, water or any other substance, even if
those rights are excepted or reserved from the description of
the Land or excepted in Schedule B.
26. Someone else tries to enforce a discriminatory covenant,
condition or restriction that they claim affects Your Title which
is based upon race, color, religion, sex, handicap, familial
status, or national origin.
27. A taxing authority assesses supplemental real estate taxes not
previously assessed against the Land for any period before the
Policy Date because of construction or a change of ownership
or use that occurred before the Policy Date.
28. Your neighbor builds any structures after the Policy Date
other than boundary walls or fences which encroach onto the
Land.
29. Your Title is unmarketable, which allows someone else to
refuse to perform a contract to purchase the Land, lease it or
make a Mortgage loan on it.
30. Someone else owns an interest in Your Title because a court
order invalidates a prior transfer of the title under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
31. The residence with the address shown in Schedule A is not
located on the Land at the Policy Date.
32. The map, if any, attached to this Policy does not show the
correct location of the Land according to the Public Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part of the action
which is based on a Covered Risk and which is not excepted or excluded
from coverage in this Policy. We will pay the costs, attorneys' fees, and
expenses We incur in that defense.
We will not pay for any part of the legal action which is not based on a
Covered Risk or which is excepted or expected or excluded from coverage in
this Policy.
We can end Our duty to defend Your Title under paragraph 4 of the
Conditions.
THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence Page 4
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against
loss, costs, attorneys' fees, and expenses resulting from
Governmental police power, and the existence or violation of those
portions of any law or government regulation concerning
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection
This Exclusion does not limit the coverage described in Covered
Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be
constructed in accordance with applicable building codes. This 2.
Exclusion does not limit the coverage described in Covered Risk 14
or 15.
3. The right to take the Land by condemning it. This Exclusion does
not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not
they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless
they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the
coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28;
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred
to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered
Risk 11 or 21.
CONDITIONS
1. DEFINITIONS
a. Easement - the right of someone else to use the Land
for a special purpose.
b. Known - things about which You have actual
knowledge. The words "Know" and "Knowing" have the
same meaning as Known
c. Land - the land or condominium unit described in
paragraph 3 of Schedule A and any improvements on
the Land which are real property.
d. Mortgage - a mortgage, deed of trust, trust deed or
other security instrument.
e. Natural Person - a human being, not a commercial or
legal organization or entity. Natural Person includes a
trustee of a Trust even if the trustee is not a human
being.
f. Policy Date - the date and time shown in Schedule A.
If the insured named in Schedule A first acquires the
interest shown in Schedule A by an instrument
recorded in the Public Records later than the date and
time shown in Schedule A, the Policy Date is the date and
time the instrument is recorded.
g. Public Records - records that give constructive notice of
matters affecting Your Title, according to the state
statutes where the Land is located
h. Title - the ownership of Your interest in the Land, as
shown in Schedule A.
i. Trust - a living trust established by a human being for
estate planning.
j. We/Our/Us - Old Republic National Title Insurance
k. You Your - the insured named in Schedule A and also
those identified in paragraph 2.b of these Conditions.
CONTINUATION OF COVERAGE
a. This Policy insures You forever, even after You no longer
have Your Title. You cannot assign this Policy to anyone
else.
b. This Policy also insures:
(1) anyone who inherits Your Title because of Your
death;
(2) Your spouse who receives Your Title because of
dissolution of Your marriage;
(3) the trustee or successor trustee of a Trust to whom
You transfer Your Title after the Policy Date; or
(4) the beneficiaries of Your Trust upon Your death.
c. We may assert against the insureds identified in
paragraph 2.b. any rights and defenses that We have
against any previous insured under this Policy.
HOW TO MAKE A CLAIM
a. Prompt Notice Of Your Claim
(5) As soon as You Know of anything that might be
covered by this Policy, You must notify Us
promptly in writing
(6) Send Your notice to Old Republic National Title
Insurance Company, 400 Second Avenue South,
Minneapolis, MN 55401
Attention: Claims Department. Please include
the Policy number shown in Schedule A, and the
county and state where the Land is located.
Please enclose a copy of Your policy, if available.
(7) If You do not give Us prompt notice, Your
coverage will be reduced or ended, but only to
the extent Your failure affects Our ability to
resolve the claim or defend You.
b. Proof Of Your Loss-
(1) We may require You to give Us a written statement
signed by You describing Your loss which includes:
(a) the basis of Your claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
(d) the method You used to compute the amount of
Your loss.
(2) We may require You to make available to Us
records, checks, letters, contracts, insurance policies
and other papers which relate to Your claim. We
may make copies of these papers.
3.
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence Page 5
(3) We may require You to answer questions about
Your claim under oath.
(4) If you fail or refuse to give Us a statement of
loss, answer Our questions under oath, or make
available to Us the papers We request, Your
coverage will be reduced or ended, but only to
the extent Your failure or refusal affects Our
ability to resolve the claim or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, of a
claim that is covered by this Policy, Our choices
include one or more of the following:
(1) Pay the claim;
(2) Negotiate a settlement;
(3) Bring or defend a legal action related to the
claim;
(4) Pay You the amount required by this Policy;
(5) End the coverage of this Policy for the claim by
paying You Your actual loss resulting from the
Covered Risk, and those costs, attorneys' fees
and expenses incurred up to that time which We
are obligated to pay;
(6) End the coverage described in Covered Risk 16,
18, 19 or 21 by paying You the amount of Your
insurance then in force for the particular Covered
Risk, and those costs, attorneys' fees and
expenses incurred up to that time which We are
obligated to pay;
(7) End all coverage of this Policy by paying You the
Policy Amount then in force, and those costs,
attorneys' fees and expenses incurred up to that
time which We are obligated to pay;
(8) Take other appropriate action.
b. When We choose the options in Sections 4.a. (5), (6)
or (7), all Our obligations for the claim end, including
Our obligation to defend, or continue to defend, any
legal action.
c. Even if We do not think that the Policy covers the
claim, We may choose one or more of the options
above. By doing so, We do not give up any rights.
5. HANDLING A CLAIM OR LEGAL ACTION:
a. You must cooperate with Us in handling any claim or
legal action and give Us all relevant information.
b. If You fail or refuse to cooperate with Us, Your
coverage will be reduced or ended, but only to the
extent Your failure or refusal affects Our ability to
resolve the claim or defend You.
c. We are required to repay You only for those
settlement costs, attorneys' fees and expenses that
We approve in advance.
d. We have the right to choose the attorney when We
bring or defend a legal action on Your behalf. We can
appeal any decision to the highest level. We do not
have to pay Your claim until the legal action is finally
decided.
e. Whether or not We agree there is coverage, We can bring
or defend a legal action, or take other appropriate action
under this Policy. By doing so, We do not give up any
rights.
6. LIMITATIONS OF OUR LIABILITY
a. After subtracting Your Deductible Amount if it applies, We
will pay no more than the least of:
(1) Your actual loss;
(2) Our Maximum Dollar Limit of Liability then in force for
the particular Covered Risk, for claims covered only
under Covered Risk 16, 18, 19 or 21; or
(3) the Policy Amount then in force;
and any costs, attorneys' fees and expenses that We are
obligated to pay under this Policy.
b. If We pursue Our rights under Sections 4.a.(3) and 5.e. of
these Conditions and are unsuccessful in establishing the
Title, as insured:
(1) the Policy Amount then in force will be increased by
10% of the Policy Amount shown in Schedule A, and
(2) You shall have the right to have the actual loss
determined on either the date the claim was made by
You or the date it is settled and paid.
C.
(1) If We remove the cause of the claim with reasonable
diligence after receiving notice of it, all Our obligations
for the claim end, including any obligation for loss You
had while We were removing the cause of the claim.
(2) Regardless of 6.c.(1) above, if You cannot use the
Land because of a claim covered by this Policy:
a. You must rent a reasonably equivalent substitute
residence and We will repay You for the actual
rent You pay, until the earlier of:
i. the cause of the claim is removed;
or
ii. We pay You the amount required
by this Policy. If Your claim is
covered only under Covered Risk
161 18, 19 or 21, that payment is
the amount of Your insurance then
in force for the particular Covered
Risk.
b. We will pay reasonable costs You pay to relocate
any personal property You have the right to
remove from the Land, including transportation of
that personal property for up to twenty-five (25)
miles from the Land, and repair of any damage to
that personal property because of the relocation.
The amount We will pay You under this paragraph
is limited to the value of the personal property
before You relocate it.
d. All payments We make under this Policy reduce the Policy
Amount, except for costs, attorneys' fees and expenses.
All payments We make for claims which are covered only
under Covered Risk 16, 18, 19 or 21 also reduce Our
Maximum Dollar Limit of Liability for the particular Covered
Risk, except for costs, attorneys' fees and expenses.
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence Page 6
e. If We issue, or have issued, a Policy to the owner of a
Mortgage that is on Your Title and We have not given
You any coverage against the Mortgage, then:
(1) We have the right to pay any amount due You
under this Policy to the owner of the Mortgage,
and any amount paid shall be treated as a
payment to You under this Policy, including under
Section 4.a. of these Conditions;
(2) Any amount paid to the owner of the Mortgage
shall be subtracted from the Policy Amount then
in force and:
(3) If Your claim is covered only under Covered Risk
16, 18, 19 or 21, any amount paid to the owner of
the Mortgage shall also be subtracted from Our
Maximum Dollar Limit of Liability for the particular
Covered Risk.
f. If You do anything to affect any right of recovery You
may have against someone else, We can subtract
from Our liability the amount by which You reduced
the value of that right.
7. TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your claim, We have all the rights
and remedies You have against any person or
property related to the claim. You must not do
anything to affect these rights and remedies. When
We ask, You must execute documents to evidence the
transfer to Us of these rights and remedies. You
must let Us use Your name in enforcing these rights
and remedies.
b. We will not be liable to You if We do not pursue these
rights and remedies or if We do not recover any
amount that might be recoverable.
c. We will pay any money We collect from enforcing
these rights and remedies in the following order:
(1) to Us for the costs, attorneys' fees and expenses
We paid to enforce these rights and remedies;
(2) to You for Your loss that You have not already
collected;
(3) to Us for any money We paid out under this Policy
on account of Your claim; and
(4) to You whatever is left.
d. If You have rights and remedies under contracts
(such as indemnities, guaranties, bonds or other
policies of insurance) to recover all or part of Your
loss, then We have all of those rights and remedies,
even if those contracts provide that those obligated
have all of Your rights and remedies under this Policy.
8. THIS POLICY IS THE ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract
between You and Us. To determine the meaning of any
part of this Policy, You must read the entire Policy and any
endorsements. Any changes to this Policy must be agreed
to in writing by Us. Any claim You make against Us must
be made under this Policy and is subject to its terms.
9. INCREASED POLICY AMOUNT
The Policy Amount then in force will increase by ten percent
(10%) of the Policy Amount shown in Schedule A each year for
the first five years following the Policy Date shown in Schedule
A, up to one hundred fifty percent (150%) of the Policy
Amount shown in Schedule A. The increase each year will
happen on the anniversary of the Policy Date shown in
Schedule A.
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable,
both You and We can still enforce the rest of this Policy.
11. ARBITRATION
a. If permitted in the state where the Land is located, You or
We may demand arbitration.
b. The law used in the arbitration is the law of the state
where the Land is located.
c. The arbitration shall be under the Title Insurance
Arbitration Rules of the American Land Title Association
("Rules'). You can get a copy of the Rules from Us.
d. Except as provided in the Rules, You cannot join or
consolidate Your claim or controversy with claims or
controversies of other persons.
e. The arbitration shall be binding on both You and Us. The
arbitration shall decide any matter in dispute between You
and Us.
f. The arbitration award may be entered as a judgment in
the proper court.
12. CHOICE OF LAW
The law of the state where the Land is located shall apply to
this policy.
ORNT Form 4445 - CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
For a One-to-Four Family Residence Page 7
SCHEDULE A
Order No: 0435009867-CB
Premium : $ 873.00
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401
Policy No: A04039-EHP-117925
Policy Amount: $ 181,000.00
Policy Date and Time: July 1st, 2010 at 2:30:00 PM
Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16,18,19 and 21
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1% of Policy Amount $25,000.00
Covered Risk 18
Covered Risk 19:
Covered Risk 21:
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
Street Address of the Land:
4 Marsh Road Unit 32, Tiburon, CA 94920
1. Name of insured:
Town of Tiburon
2. Your interest in the Land covered by this Policy is:
Condominium as defined in section 783 of the California Civil Code
3. The Land referred to in this Policy is described as:
A Condominium comprised of:
PARCEL ONE:
$25,000.00
$25,000.00
$25,000.00
Unit 32 as shown and defined on that certain Condominium Plan recorded May 1, 1987 as Recorder's Serial
No. 87-29234, Marin County records, and as defined and limited in the Declaration of Restrictions recorded
May 1, 1987, as Recorder's Serial No. 87-29235, Marin County Records.
PARCEL TWO:
Page 1 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
Schedule A
For a One-to-Four Family Residence
An undivided 1/34th interest as tenants in common in and to the Common Area, designated Lot 9, as shown
upon that certain Map entitled, "Point Tiburon, in the Town of Tiburon, Marin County, California," filed fro
record February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records, and as shown and defined
on the Condominium Plan referred to herein and as defined and limited by the Declaration of Restrictions
referred to herein.
EXCEPTING THREFROM THE FOLLOWING:
1) Exclusive easement for maintenance and use of roof or balcony or deck overhangs and for use and
enjoyment of areas and parking spaces which are restricted for the use of individual Condominium Units in the
Project, as more fully set forth in the above mentioned Declaration of Restrictions;
2) Easements through said Unit, appurtenant to the Common Area and all other Units for support and repair of
the Common Area and all other Units; and
3) Easements appurtenant to the Common Area, for encroachment upon the air space of the Unit by those
portions of the Common Area located within the Unit.
Parcel Three:
1) A non-exclusive easement for ingress, egress and support through the Common Area as shown upon the
filed Map referred to herein and as shown and defined on the Condominium Plan referred to herein; and
2) Exclusive easements for use of the areas designated as GP-51 and GP-47 for parking, as shown and defined
on the Condominium Plan referred to herein.
APN: 058-440-32
Page 2 of {Insert Page Total} Pages Page 2 of 9
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
Schedule A
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
SCHEDULE B
Exceptions
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Taxes and assessments, general and special, for the fiscal year 2010 - 2011, a lien, but not
yet due or payable.
2. Any special tax which is now a lien and that may be levied within the Tiburon-Library CFD
95-1, notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said notice(s) for a special tax to be
levied annually, the amounts of which are to be added to and collected with the property
taxes.
NOTE: The current annual amount levied against this land is $66.00.
NOTE: Further information on said assessment or special tax can be obtained by contacting:
Name : NBS - Government Finance
Telephone No.: (800) 676-7516
3. Any special tax which is now a lien and that may be levied within the T-Old St. Hilary Open
Space CFD '93-1, notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said notice(s) for a special tax to be
levied annually, the amounts of which are to be added to and collected with the property
taxes.
NOTE: The current annual amount levied against this land is $98.00.
NOTE: Further information on said assessment or special tax can be obtained by contacting:
Name : MFS - Muni Financial Services
Telephone No.: (800) 755-6864
Page 3 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
Schedule B
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
4. Any special tax which is now a lien and that may be levied within the T-Old St. Hilary Open
Space CFD '97-1, notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said notice(s) for a special tax to be
levied annually, the amounts of which are to be added to and collected with the property
taxes.
NOTE: The current annual amount levied against this land is $98.00.
NOTE: Further information on said assessment or special tax can be obtained by contacting:
Name : MFS - Muni Financial Services
Telephone No.: (800) 755-6864
5. Easements for ingress, egress, private rights and/or utilities and incidental purposes, as
disclosed by instruments of record affecting the ""Common Area".
6. (1) Any adverse claim based upon the assertion that any portion of said land was not
tideland subject to disposition by the State of California, or that any portion thereof has
become submerged land by reason of erosion or has become upland by reason of accretion.
(2) Rights and easements for commerce, navigation and fishery.
7. Terms and provisions as contained in an instrument,
Entitled "Notice"
Executed By Northwestern Pacific Railroad Company in favor of City of Tiburon
Recorded August 3, 1971 in Book 2489 of Official Records, Page 337
Which, among other things, provides: Consent to use of land by general public for pedestrian
access betsween Mar West Street, Paradise Drive and Tiburon Boulevard.
8. Terms and provisions as contained in an instrument,
Entitled "Notice of Consent"
Executed By Jay Guetnick
Recorded April 28, 1977 in Book 3191 of Official Records, Page 652
Which, among other things, provides: The right of the public or any person to make any use
whatsoever of the aboe described land is by permission and subject to control of owner.
Page 4 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
Schedule B
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
9. Redevelopment Plan, as follows:
Entitled "Redevelopment Plan for Tiburon Redevelopment Project"
Executed By City of Tiburon
Recorded December 27, 1983 in Official Records under Recorder's Serial
Number 83-65111
10. Terms and provisions as contained in an instrument,
Entitled "Point Tiburon Owners Participation Agreement"
Executed By The Innisfree Companies, a California corporation, and Tiburon
Redevelopment Agency, a public body
Recorded June 26, 1985 in Official Records under Recorder's Serial Number 85-
26763
Which, among other things, provides: Terms and Conditions governing Point Tiburon Share
of cost of Public Improvements.
11. Notes as contained in that certain Condominium Plan entitled, "Point Tiburon-Marsh, a
Condominium Project", recorded May 1, 1987 in Official Records, under Recorder's Serial
Number 87-29234.
12. Covenants, Conditions, Restrictions, Limitations, Easements, Assessments, Reservations,
Exceptions, Terms, Liens or Charges, but omitting any covenants or restrictions if any, based
upon race, color, religion, sex, handicap, familial status, or national origin unless and only to
the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States
Code or (b) relates to handicap but does not discriminate against handicapped persons, as
provided in an instrument.
Recorded May 1, 1987 in Official Records under Recorder's Serial Number 87-
29235
Modification thereof, but omitting any covenants or restrictions if any, based upon
race, color, religion, sex, handicap, familial status, or national origin unless and only
to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate against
handicapped persons.
Executed By Point Tiburon Marsh Condominium Association
Dated February 12, 2010
Recorded March 11, 2010 in Official Records under Recorder's Serial
Number 2010-0011569
Page 5 of 6 Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
Schedule B
For a One-to-Four Family Residence
Policy No A04039-EHP-117925
NOTE: "If this document contains any restriction based on race, color, religion, sex,
sexual orientation, familial status, marital status, disability, national origin, source of
income as defined in subdivision (p) of section 12955, or ancestry, that restriction
violates state and federal fair housing laws and is void, and may be removed
pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state
and federal law on the age of occupants in senior housing or housing for older
persons shall not be construed as restrictions based on familial status."
13. Liens and charges for upkeep and maintenance as provided in the above mentioned
Covenants, Conditions and Restrictions, if any, where no notice thereof appears on record.
For information regarding the current status of said liens and/ or assessments
Contact Point Tiburon Marsh Condominium Association
14. Terms and provisions as contained in an instrument,
Entitled "Memorandum of Settlement Agreement and Release"
Executed By Point Tiburon Marsh Condominium Association, et al.,
Recorded February 18, 1993 in Official Records under Recorder's Serial Number
93-015009
Page 6 of -Q Pages
ORNT Form 4445 CLTA/ALTA Homeowner's Policy of Title Insurance (01/01/08)
Schedule B
For a One-to-Four Family Residence