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1040 9-SS
Caiifornia Land Title Assoefation ~ ~
5tandard Coverage ~
Easement Policy Form ~
Copyright 1951
F~e $ ~0. 00
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~ Po~.~~~ o~ ~T~T~~ I~~~~N~E
ISSUED BY
TITLE INSURANCE AND TRUST COMPANY
OF LOS ANGELES
Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the
Company, for a valual~le consideration paid for this policy of title insurance, the number, date,
and amount of tvhich are shown in Schedule A, does hereby insure the parties named as Insuxed in
Schedule A, together with the persons and corporations included in the definition of "the insured"
as set forih in the stipulation~ of this policy, against loss or damage not exceeding the amount stated
in Schedule A which the insured shall sustain by reason of:
l. Title to the easement described in Schedule A being vested, at the date hereof,
otherwise than as herein stated; or
2. .Any defect in, or lien or encumbrance on, said title, existing at the date hereof,
not shown or referred to in Schedule B; or
3. Prioriry, at the date hereof, over said easement, of any lien or encumbrance upon
the land which is subject to said easement, hereinafter called said land, unless
such lien or encumbrance is shown in Schedule B;
all subject, however, to Schedules A and B and the Stipulations herein, all of which
schedules and stipulations are hereby made a part of this policy.
In IT/itness l~hereof, Title Insurance and Trust Company has caused its corporate name and seal to
be herennto a,fCixed by its duly authorized oft~icers on the date shown in Schedule A.
TI~'LE INSURANCE AND TRUST COMPANY
By ~ ~~~.
PRESIDENT
~ttest- - • ... ....... .. . . '~..............----
~~ SECRETARY
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1040A 7-53
California Land Title Aasociati3n ~ ~
Standard Coverage ~
Easement polity Form .
Copyriaht 1451
SCHEDULE A
Amount $ Z, ~0~. 00 Date ~ay g, 1.957 at 8 a, m~
INSURED
CITY OF ~ANTA MONICA, a municipal corparation.
l. The title to said easement is, at the date hereof, vested in;
CITY OF SANTA MONICA, a municipal corporation.
2. Description of the easement, title to which is insured by this policy:
~~ .~ :.
Policy No. l~728732
Pareel 1: An easement for the eonstruetion, maintenance arid
operat3.on of a starm drain in, under, across and alon ~ 4
portion of the Rancho San Vicente y Santa Monica, in e
city of Santa Monica, county of Los Angeles, state of California,
as per map r~corded in book 3 pages 30 and 31 of Pa~en.ts, in
the of£ice of the recorder of said county, ~ saidlf~e~crr~ being
more particularly described as t'ollows : ^~~4~r~:.~;.1
~1~~,~~, ti~~--3 ~ f
A strip of land 10 f eet in width, lying 5 feet on each side
. af the following described center line:
~ ,.}~ -
~~~'e' ~~~~ ~~;'Commencing at a paint in the southeasterly line o~ Colorado
~' ~. "' _,~„ Avenue~ 80 feet wide, distant 319. ~8 feet northeasterly along
~°'` said l~.ne from ~ts intersection with the northwesterly pro-
l,ongation of the nor~heas'cerly 1.~ne of Ocean Avenue, 100 feet
wide; thenc~ North 72° ~-lt ~5" East, a distance of 18.02 feet
ta a point, said paint being the true po.int of beginning of
the eenter line of ~he easemen.'~; thence South 25° 17 t lg"
Wes~, a distance of 11~.~~ feet ~o a point; thenee South 31°
~-2 ~ 17" ~Iest, a distance of 73, 7~- feet,more or less, ta a
.
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po3nt 3.n ~he northwes~erly line ot' Olympic Bouzevard,
80 feet wide, said northwes~erly line l~eing iden~ical
with the northwesterly lxne described in the Final
Order of Condemnation Case No. 38~~k78 in the Superio-r
Court of the state o£ California in and for the county
of Los ~n.geles, recorded in Judgmen~ Book 1001 page
378, Los Angeles county records; said poin~ being the
end of the center line of ~he easemen~.
The side lines of said 10 ~'oot
shortened or extended so as to
erly in the northw~sterly line
Boulevard and to 'cerminate nor
bearing North 72° ~li 4~" ~a.st
~he above described true poi,nt
strip o.f land being
terminate sou~hwest~
af said Olympic
i,neasterly i.n a line
and pass~.ng 'chrough
of begi.nn3.ng.
Farcel 2: An easement f'or the construc vion, main'cenance
and operation of a sanitary sewer upon, in, under, across
and along a portion of' the Ra~zcho San Vicente y~anta
Monica, in the city of' ~anta Monica, coun~y of Los Angeles,
sta~e of Californza, as per map recorded in book 3 pages 30
and 31 of Paten~s, in the office o£ the recorder of said
cc~unty, said easement being more particularly described
as follows:
A strip of land 10 fee~ a.n width, 1.y~.n~ ~ feet on eacn
~ side of the following describ~d cen.ter line:
Commencing at a point in the southeas~~rly lin~ o_f Col.orado
Avenue, ~0 feet wade, dis~ant 319, ~8 feet northeasterl.y
alang sa3.d 1.3.ne from its 3.ntersee~ion. with the northwest-
~~' erly pra~.ongata.on of the northeasterly line of Ocean
~~~~~-~~ '~Avenue, 100 feet wide; ~hence Sou~h ~-5° 1.~-~ 30'f West along
,~~~ _-~ ,. ~fsa~,d sou~heasterly line of Colorado Avenue, a distance
*~~ of 1.59. ~l feet to a poin~ ~.n. s~,id line, said point be3ng
~ the true point af beginn3.n~ o~ the cen~e~ line oz" the
~asement; thence Sou~h ~~-° ~5' 30" ~ast, a distance of
63,26 feet, more or less, to a point in the nor~hwesterly
line of Olymp~.c Boulev~rd, 80 feet wid~, said northwest-
erly line being identical. with the northwesterly line
described 3.n the rinal Order of Condemna~ion Case No.
384~+78 in the Superior Court of ~he s~ate of Ca1if ornia,
in an.d for the county of Los Angeles, recorded in Judgmen~
Book 1001. page 378, Los Angeles coun~y ~ecords, said po3.nt
being the end of the center lin~ of ~he easemen~.
The s3.de lines of said 10 foo~c strip of land being shortened
or ex~ended so as ~o terminate in said southea~~erly line
of Colorado Avenue and in said northwes~erly 13.ne of
~lympic Boulevard.
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1040B 7-53
California Land Title Association
Sfondard Covera9e
Easement Policy form
Copyright 1951
_ SCHEDULE B
~ '
This policy does not insure againat loss by reason of the matters ahown or referred to in this Schedule.
PnxT ONE: This part of Schedule B refezs to mattera which, if any such exist, may affect the title to said land
or easement, but which are not shown in this policy:
1. Taxea or assessments which are not shown as eaisting liens bp the records of anp ta~ng agency or by the pnblic
records; and easements, liens or encumbrancea wluch are not shown by the public records.
Z. Rights or claims of persons in possession of said land or easement which are noi shown by the public records;
and termination or impairment of said easement occasioned bp facts not diaclosed by the public reoords.
3. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained
bp an inspection of said land, or by making inquiry of persons in possession of said land or easement, or by a
correci survep.
4. Mining claims, reservationa in patente, water rights, claima or tide to water.
5. Any laws, govemmental acts or regulations, iffcluding bnt not limited to zoning ordinancea, restrictin~, regulating
or prohibiting the occupancy, use oz enjoyment of said land, or any improvement thereon, or said easement; or
the effect of any violation of any such restrictians, reguladons or prohibitions.
PA1tT Two: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the tide to
said land or essement or to which said land is subject:
l. G~neral and speeial eounty and c3.ty taxes for the
fisca7. year 1957-1958, a lien not yet payable.
2. An easement for sanitary sewer and a.ncidental purposes,
across that portion of said land 3nc7.uded in a strip of
land 7 feet in wid~h, the southwesterly line of said 7 foot
strip being parallel with and dis~ant northeasterly 150 feet
at right angles ~`rom the nor~heasterly 1in~ of Ocean Avenue,
as granted to the ci~y of Santa Monica, 'by deed recorded
in book 6738 page 396, Offic3al Reeords.
3. A deed af trust da~ed December 11, Z956, executed by
Seymaur I. Amster and Edith ~. Amster, husband and wife,
and Joseph M. Gross and Florence Grass, husband and wife,
to ;ecurity-~First Nat3onal Bank of' Los Angeles, a carpora-
tion, trustee, to secure an indebtedness of' $28,500.00, 3n
favor of Llo~d ~tr3.ekland and Ethel Thurstan Strickland,
husband and wife, as joint tEnants, and any other amounts
payable under the terrns thereof, recorded January 11, 1957
3.n book 53338 page 190, Of ficial Records.
, ~
1040C 5-53
talifornia Land Titla Asspciation
Standard Covsmgs
Eacemsnf Policy Fom
~Px~1aht 1951
•~ . -,
STIPULATIONS
1. SCOPE OF COVERAGE
This policy does not insnre against, and the Company will not be
liable for loss or damage created bp or arising out of any of the
following: {a) defects, liens, claims, encumbrancea, or other mat-
ters which result in no pecuniary loss to the insured; (b) defects,
liens, encumbrances, or other matters created or occurr-ng subso-
quent to the date hereof; (c) defects, liens, encumbrances, or other
matters created or suffered by the insured ciaiming such loss or
damage; or (d) defects, liens, claims, encumbrances, or other mat-
ters eusting at the date of tlus policy and known to the insured
claiming sueh loss or damage, either at the date of this policy or
at the date such insured claimant acquired an estate or interest
insured by tlus policy, unless such defect, lien, claim, encumbrance
or othar matter shall have been disclosed to the Company in writing
prior to the issuance of this policy or appeazed at the date of this
policy on the public records. Anq rights or defenses of the Com-
pany against a named insured shall be equally available against
any person or corporation who shall become an insured hereunder
as succesaor of snch named insured.
2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS OR CLAIMS TO BE
(i1VEN BY TNE INSURED
The Gompany at its own cost shall defend the ins~ed in all litiga-
tion oonsisting of actions or proceedings against the insured, which
litigation is fouaded upon a defect, lien, encumbrance, or other
matter insured against by tlus policy, and may pursue suah litiga-
tion to final determination itt the court of last resort. In case any
such litigation ahall beeome known to any insured, or in case
knowledge ahall come to anp insured of any claim of title or interest
which is adverae to the title as insured or which maq cause loss or
damage for which the Company shall or may be liable by virtue of
this policp, such insured shall notify the Company thereof in
writing. If such notice shall noi be given to the Companp at least
iwo daqs before the appeazance day in anq such litigation, or if
such insured shall not, in writing, promptly notify the Company
of any defect, lien, encumbrance, or other matter inaured against,
or of any such adverse claim which shall come to the knowledge
of such insured, in respect to which loss or damage is apprehended,
then all liability of the Company as to each insured having such
knowledge shall cease and terminate; provided, however, that fail-
ure to so notify the Company shall in no case prejudice the claim
of any insured unless the Company shall be actually prejudiced by
such failure. The Company shall have the right to inatitute and
prosecute anp aetion or proceeding or do any other act which, in its
opinion, may be necessarp or des'uable to establish the tide as
inaured. In all cases where this policy permits or requires the
Company to prosecute or defend any action or proceeding, the
insured ahall secure to it in writing the right tq so prosecute or
defend such action or proceeding, and all appeals therein, and
permit it to use, ai its option, the name of the insured for auch
purpose. Whenever requested by the Company the insurecl shall
assist the Companr in any sueh action or proceeding, in e$ecting
seitlement, securing evidence, obtaining witnesses, prosecuting or
defending such action or proceeding, to such eatent and in such
manner as is deemed desirable by the Company, and the Company
shall reimburse the insured for any expense so incurred. The
Company shall be aubrogated to and be entitled to all costs and
attorneys' fees incurred or expended by the Company, which may
be recoverable bq the insured in any litigation carried on by the
Company on behalf of the insured. The word "knowledge" in this
paragraph means aciual knowledge, and does not refer to construc-
tive knowledge or notice w3rich may be imputed to the insured
bq the public records.
S. NOTICE OF LO55. LIMITATION Of ACTION
A statement in writing of any loss or damage for wluch it is claimed
the Compaay is liable under t6is policy shall be furniahed to the
Companp within sixty days after such loss or damage shall have
been ascertained No action or proceeding for the recovery of any
snch loas or damage shall be instituted or maintained against the
Com~any nntil after full compliance by the insured with all the
conditiona imposed on the insured by this policy, nor unless com-
menced within twelve months after receipt by the Company of
such written atatement.
4. OPTION TO PAY, SETi'LE, OR COMPROMISE CLAIMS
The Company reserves the option to pay, setde, or compromise for,
or in the name af, the insurecl, any claim insured against or to pay
this policy in full at any time, and payment or tender of payment
of the full amount of this policy, together with all accrued costs
which the Company is obligated hereunder to pay, shall terminate
all liability of the Company hereunder, including all obligations of
the Company with respect to any litigation pending and subsequent
costs thereof.
S. SUBROGATION UPON PAYMENi OR SETTLEMENT
Whenever the Company shall have settled a claim under this policy,
it shall be subrogated to and he entitled to all rights, secnrities, and
remedies wiuch the insured would have had against any person or
property in respect to snch claim, had this policy not beea iasued.
If the payment does not cover the loss of the insured, the Company
shall be subrogated to such rights, securities, and remedies in the
proportion which said payment bears to the amount of said loss.
In either event the insured shall uansfer, or cause to be tranaferred,
to the Company such rights, securities, and remedies, and ahall
permit the Companp to use the name of the insured in any uans-
action or litigation involving such rights, securitiea, or remedies.
6. PAYMENT OF 1055 AND COSTS Of LITI6ATION. INDORSEMENT
OF PAYMENT ON POLICY
The Company will pay, in addition to any loss insured againat by
Lhis policy, all costs imposed npon the insnred in litigation carried
on by the Company for the insured, and in litigation canied on
by the insured with the written authorization of the Company, but
not otherwise. The liability of the Companq under thie policy
shall in no case eaceed, in all, the actusl losa of the insured and
costs which the Company is obli~ated hereunder to pay, and in no
case shall such total liability esceed the amount of this policy and
said costs. All payments under tlus policp shall reduce the amount
of the insurance pro tanto. No payment may be demanded by anq
insured without producing tlus policy for indorsement of such
payment.
7. DEFINITION OF iERMS
The following terms when used in this policp mean: (a) "named
inaured": the persona and corporations named as insured in Sched-
ule A af this poliey; (b) "tbe inaured": sueh named insured to-
gether with any person or corporation deriving an estate or interest
in said land as an heir or devisee of a named insured or by reason
of the dissolution, merger, or consolidation of a corporate named
insured; (e) "date": the exact day, hour and miaute apecified in
the first line of Schedule A(unless the conteat clearly requires a
clifferent meaning}; (d) "taxing agency": the atate and each
county, city and county, city and district in wluch said land or
some part thereof is situated that levies taxes or assessmeats on real
property; (e) "public records": those public recorde which, under
the recording lawa, impart constructive notice of mattera relating
to said land
8. WRITTEN INDORSEMENT REQUIRED TO CHANGE POLICY
No provision or condition of this policy can be waived or changed
escept by writing indorsed hereon or attached bereto sieoed by
the Pre~ident, a Vice Pr~ident, the Seeretary, or an Aseiatant
Secretary of the Company.
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statemeat
in writing required to be furnished the Company shall be addreased
to it at the off'ice which issued this policy.
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TITLE INSURANCE
AND
TRUST CUMPANY
.
• ~ALAMEDA COUNTY
ISLO~ WEBSTER STREET~ OA'KLAND
~ 1165 `~A" STREET~~ HAYWARD
FRESNO GOUNTY
~Z~C) "L" STREET~ FRESNO
. 14GI BELMONT AVENUE~~FRESNO
INYO-MONO COUNTIES
14y NQRTH EDWARDS STftEET.INDEPENDENf.E
KERN COUNTY
- I7Tfi AND "I" STREETS~ BAKERSFIELU
1331 f.HESTER AVENUE~ RAKERSFIELD
ORAN~E COUNTY
416 NORTH ~IAIN STREE7'~ SAN'fA AYA
RIVERSIDE COUIYTY
3~O MAIN STREET~ R[VF,RSIC~E
SAN BERNARDINO COUNTY
~~O COURT STREET,~SAN BERNARUINO'
SAN DIEGO COUNTY
IOSH SECOND AYEMUE~ SAN DIEGO ~
SAN LUIS OBISPO COUNTY
~77 AIGUERA STREET, SAN LUIS OBISPo~
SANTA BARBARA COUNTY
SG EA57' FIGUEROA STREET~ SANTA BARBARA
TULARE COUNTY
~ 3`LO WEST MAtN STREET, VISAI.IA ~
VENTURA COUNTY
LOI 30L'TR CHEST*IUT STREET~ VENTURA ~
POLIC~
OF
TITLE
INSITRANCE
fiITLE INSURANCE
AND
TRUST COMPANY
. ~ INCORPORATED ~IH9S ~ ~ ~ .
HOME OFFICE
433 SOUTH SPRING STREET, LOS AI~TGELES 54
TITLE II~SURANCE
AND
TI~UST COMPANY
~ ~ALAMEDA COUbITY ~
IS1O WE65TER STREET,.OARLAP7D
~ l I6S "A"~ STREET~ ~ }IAYK'ARD .
FRESNO COUNTY
~ 1`L46 "L" STREET~~- FRESNO
. ~~ 14C)I BELMONT ~ AVEN`UE~ FRESNO ~
INYO-MOi~iO GqUNTIES
]49 NORTH EDWARDS STREET~ INbEPENDENf.E
KERN GOUNTY
I~TH AND °~P' STitE$TS~ ~ BkiCERSFIELD
~ IB31 CHESTER AVENUE{-AAKEASFIEL~
ORANGE COU~iTY
416 NORTH MAIN STREET~ SAN'CA ANA
RIVERSIRE GOUNTY
, 3~ 117A1N STRBE'f, RiVERSIDE
SAN BERNA$DINO COUNTY
~ 44O COURT STREET~. SAN~ SERNARDINO
SAN DIEGO COUNTY
~ LO`LH.SECOND $VEPiUE~ SAN DIE60
SAN LUIS OBISPO COUNTY
~ 77~ HIGliERA STREET,~~ SAN LUIS OBISPO .
SANTA BARBARA:COUNTY
S~7 EAST FICUEROA~ STREEI'j.SANTA RARBARA
TULARE COUNTY
S`LO~ WEST MAIN BTREET~ YISAL[A ~
VENTURA COUNTY
~ IOI SOUTH CHESTNUT~STREET~VENTURA