HomeMy WebLinkAboutSubdivision GuaranteeChicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 52/-3400
SUBDIVISION GUARANTEE
Order No.: 12201836-996-U50
Subdivision Map of:
8ONC
Dated: April 11, 2014 at 7:30 am Consisting of 3 Sheet(s)
Issued for the benefit and protection of the County of San Diego and any City within which said
subdivision is located.
After an examination of the Public Records which, under the recording laws, impart constructive notice of
matters affecting the title to the land hereinafter described,
CHICAGO TITLE INSURANCE COMPANY
a Missouri corporation
hereby guarantees, tor the benefit or said county and city, in a sum not to exceed $1,000.00, that as shown
by said records the only parties having any record title interest in said land, and whose signatures are or
may be required, under the requirements of the Subdivision Map Act of said land and offering for
dedication any streets roads, avenues and other easements offered for dedication by said Subdivision Map
are as set forth in Schedule A.
Issuing Office:
2365 Northside Drive, Suite 500
San Diego, CA 92108
Countersigned by:
Tom Votel
Senior Title Officer
CHICAGO TITLE INSURANCE COMPANY
(.1c61441-')
President
Secretary
Subdivision Guarantee Form.
Page 1
Order No.: 12201836-996-U50
SCHEDULE A
The map hereinbefore referred to is a subdivision of
SEE ATTACHED EXHIBIT A
The parties hcrcinbeforc rcfcrrcd to are:
OWNERS:
KD C Avenue, LLC, a California limited liability company
TRUST DEED HOLDERS:
Chicago Title Company, as trustee under Deed of Trust recorded October 17, 2013 as Instrument
No. 2013-0623503 of Official Records
EASEMENT HOLDERS:
(1) The signature of the Kimball Brothers Water Company, holder of an easement as disclosed by
deed recorded June 9, 1869 in Book 7, Page 124 of Deeds of San Diego County has been omitted
under the provisions of Section 66436, Subsection (a)(3)(a)(i) of Government Code, their interest is
such that it cannot ripen into a fee title and said signature is not required by the governing body.
(2) The signature of the San Diego Gas and Electric Company, holder of an easement as disclosed
by deeds recorded November 15, 2013 as Instrument No. 2013-0676665 of Official Records of San
Diego County has been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of
Government Code, their interest is such that it cannot ripen into a fee title and said signature is not
required by the governing body.
END OF SCHEDULE A
Subdivision Guarantee Form
Page 2
Order No.: 12201836-996-U50
EXHIBIT A
PARCEL 1:
LOTS 4 AND 5 IN BLOCK 4 OF M.C. KIMBALL'S SUBDIVISION OF 10 ACRE LOT 1 IN
QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 105.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 10,
1887.
APN: 556-474-02-00
PARCEL 2:
LOTS 6 AND 7 AND THE NORTHERLY 10 FEET OF LOT 8 AND THAT PORTION THEREOF
LYING WITHIN THE SOUTHERLY 3 FRFT 10 INCHES OF THE NORTHERLY 13 FEET 10
INCHES OF THE EASTERLY 70 FEET 2 INCHES OF SAID LOT 8, IN BLOCK 4 OF W.C.
KIMBALL'S SUBDIVISION OF 10 ACRE LOT 1 IN QUARTER SECTION 154 OF RANCHO DE LA
NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO, 105, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 10, 1887.
APN: 556-474-03-00
Ern nF EXHIBIT A
Subdivision Guarantee Form
Page 3
Order No.: 12201836-996-U50
GUARANTEE CONDITIONS AND STIPULATIONS
I. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) "land": the land described, specifically or by reference, in this Guarantee and improvements
affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters relating to said
land;
(c) "date": the effective date;
(d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a
supplemental writing executed by the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
Title to any property beyond the lines of the land expressly described in the description set
forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which
said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure
od improvement; or any rights or easements therein unless such property, rights or easements
are expressly and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters
(1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in
no loss to the Assured.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 4
Order No.: 12201836-996-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost, to institute and prosecute any action or
proceeding or do any other act which in its opinion may be necessary or desirable to establish
or confirm the matters herein guaranteed; and the Company my take any appropriate action
under the terms of this Guarantee whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any prevision hereof.
(b)
In all cases where the Company does so institute and prosecute any action or proceeding, the
Assured shall permit the Company to use, at its option, the name of the Assured for such
purpose. Whenever requested by the Company, the Assured shall give the Company all
reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse
the Assured for any expense so incurred.
4. NOTICE OF LOSS — LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Company is liable under
this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall
have been determined, and no right of action shall accrue to the Assured under this Guarantee until
thirty days after such statement shall have been furnished, and no recovery shall be had by the
Assured under this Guarantee unless action shall be commenced thereon within two years after
expiration of said thirty day period_ Failure to furnish such statement of loss or damage or to
commence such action within the time hereinbefore specified, shall be a conclusive bar against
maintenance by the Assured of any action under this Guarantee.
5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS
The Company shall have the option to pay or settle or compromise for or in the name of the
Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,
or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder
of a mortgage, the Company shall have the option to purchase the indebtedness secured by said
mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall
terminate all liability of the Company hereunder. In the event after notice of claim has been given
to the Company by the Assured the Company offers to purchase said indebtedness, the owner of
such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to
the Company upon.
Guarantee Conditions .And Stipulations (Revised 1215/95)
Page 5
Order No.: 12201836-996-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
6_ LIMITATION OF LIABILITY — PAYMENT OF LOSS
(a)
The liability of the Company under this Guarantee shall be limited to the amount of actual
loss sustained by the Assured because of reliance upon the assurances herein set forth, but in
no event shall such liability exceed the amount of the liability stated on the face page hereof.
(b) The Company will pay aii costs imposed upon the Assured in litigation carried on by the
Company for the Assured, and all costs and attorney's fees in litigation carried on by the
Assured with the written authorization of the Company.
(c)
No claim for damages shall arise or be maintainable under this Guarantee (I) if the Company
after having received notice of an alleged defect, lien or encumbrance not shown as an
Exception or excluded herein removes such defect, lien or encumbrance within a reasonable
time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in
settling any claim or suit without written consent of the Company
(d) All payments under this Guarantee, except for attorneys fees as provided for in paragraph
6(b) hereof, shall reduce the amount of the liability herein pro Canto, and no payment shall be
made without producing this Guarantee for endorsement of such payment unless the
Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
(e) When liability has been defmitely fixed in accordance with the conditions of this Guarantee,
the loss or damage shall be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be
entitled to all rights and remedies which the Assured would have had against any person or property
in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to such rights and remedies in the proportion
which said payments bears to the amount of said loss. The Assured if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in
order to perfect such right or subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT.
Any action or actions or rights of action the Assured may have or may bring against the Company
arising out of the subject matter hereof must be based on the provisions of this Guarantee. No
provision or condition of this Guarantee can be waived or changed except by a writing endorsed or
attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or
other validating officer of the Company.
Guarantee Conditions And Stipulations (Revised 12/5195)
Page 6
Order No.: 12201836-996-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished
the Company shall be addressed to it at the office which issued this Guarantee_
10. The fee specified on the face of this Guarantee is the total fee for title search and examination and
for this Guarantee.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 7