Grant Deed 1992-0384373
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CHIC\GQ. TITLE mMPANY
r-.:~,~ T.AX STATEMENT TU
CITY OF rowAY
P.O. DRAWER 1466
EL CAJON, CA 92022
DOC " 1992-0384373
22-JUH-1992 08=00 AM
326
OFFICIAL RECORDS
SAN DIEGO COUNTY RECOROER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
NA
WHEN RECORDED MAIL TO
!cITY OF rowAY
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".., P.O. DRAWER 1466
,',.." EL CAJOO, CA 92022
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ORDER NO 803519-51
ESCROW NO 803519-24
PolL 31'-\ -'of<::) -, \ Furnished by Terra Title Company
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The undersigned grantor(s) declarelsl:
Documentary transfer tax is $
I X ) Computed on full value of property conveyed, or
( ) Computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area IX ) City_of Poway
Tax Parcel No. 314-682-22
GRANT DEED ~
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North American Trust Company, AS TRUSTEE SUCCESSOR 'ID THE BANK OF SAN DIEXiO, TRUSTEE
FOR A VALUABLE CONSIDERATION, does
MUNICIPAL WATER DISTRICT
HEREBY GRANT TO CITY OF roWAY, FORMERLY roWAY
the real property in the County of
San Diego
, State of California. described as:
Parcel B of Parcel Map No. 16786, in the City of Poway, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, February
25, 1992.
Reserving therefrom Exhibit "A", attached hereto.
Dated: April 13, 1992
STATE OF CALIFORNIA
. COUNTY OF
.On , 19
before me, the undersigned, a Notary Public in and for
said County and State, personally appeared
NORTH AMERICAN TRUST mMPANY. AS TRUSTEE
BY: ~j1----." Trust Officer.
BY:
lss
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose
name subscribed to the within instrument and
acknowledged that executed the same.
WITNESS my hand and official seal.
Notary Seal
Notary Public in and fnr saId County and State
MAIL STATEMENT AS DIRECTED ABOVE
C5.TT Rev. 8.82
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~~~~FO~:L1fO~!'" Diego }ss.
On Ibis B t h da, or ['ld Y . i. tile rat
1 q q ? . before me. the unders.,ned. I Notlry Public in
1M for Slid County and Stlte. personally appeared
Dan AQui lar personall, know.
10 me (or proved 10 me on the baSIS or Slhs(aaory tvtdcnce) to be the
Trust Officer ~Illd
*********************
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personall, k.o.... 10 me (or pr2,*e~ 'f *m/,\ll), ',\!e,.b,fsl or satisractory
evidence) 10 be
Secretary or the corporalion Ih.. eaecuted the within Inslrumen., and
Icknowled.ed 10 me thai such corporl1ion executed the within instru-
menl punuanl 10 'u by-laws or . resolution of III board 0( directors.
I
Sian.ture
Q tfvl.
Katrina M. Tange
Nlme IT,ped or Printed)
NoWy Public in Ind (or said Cou.t, Ind S....
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:( : ',"1' " Notary Publlc-caNlor"", a
z ;-.. $
z . ....... ., SAN DIEGO COUNTY I
J ,... Mycomm.8lCjliresMAR 2..1996
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ITI1is Ir.. (or olllcillnourial seal1
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328
EXHIBIT "A"
The Grantor herein reserves a residual right to share equally (50%-50%) in any
financial gain received by the City from the subsequent sale, lease, or other
profit-making development of the property made by, sponsored by, or allowed by
the City. In calculating 'gain", the City shall have a zero cost basis for the
acquisition of said property. Generally accepted accounting practices shall be
applied in calculating any such 'gain'. In the event that the City retains said
lots but devotes said lots or any portion thereof to a purpose other than open
s~?cp, landsc~ping or street purposes, each of the parties shall appoint an MAl
appraiser to establish the then fair market value of the property to be so used
as though it were being acquired by eminent domain for such use. If the
opinions of the two appraisers vary from each other by more than ten per cent
(lO%), the two appraisers shall jointly appoint a third MAl appraiser to mediate
the appraisal difference. The opinion of the mediatorlappraiser shall be final
and binding on the parties, and the City shall pay to the Plaintiffs fifty per
cent (50%) of said final opinion. In the event the difference in appraised
values is less thatn 10%, the City shall pay the Plaintiffs fifty percent (50%)
of the arithmatic average of the two appraisals.
329
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or
grant dated 4-13-92 from North American Trust Company, as trustee
to the City of Poway, a political corporation and/or governmental agency is
hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34 adopted on January
20, 1981, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated:
6-19-92
By: ,I l\~ k' rJ~--t:
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CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLlCY I990
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CHICAGO
TITLE
INSURANCE
COMPANY
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY. a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
I. Title to the estale or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. U nmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment
is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
In Witness Whereof. CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Dale of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
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Issued by:
CHICAGO TITLE COMPANY
925 "B" Street
San Diego, CA 92101
(619) 239.6081
CHICAGO TITLE INSURANCE COMPANY
By:
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SCHEDULE A
Policy No: 803519
Premium: $606.20
_ 51
Amount of Insurance: $250,000.00
Date of Policy: June 22, 1992
at 8,00 A.M.
1. Name of Insured:
CITY OF POWAY, formerly POWAY MUNICIPAL WATER DISTRICT
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
CITY OF POWAY, formerly POWAY MUNICIPAL WATER DISTRICT
4. The land referred to in this policy is situated in the State of California, County of San Diego
and is described as follows:
Parcel B of Parcel Map No. 16786, in the City of Poway, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County,
February 25, 1992.
CLTAOA88 -- 11/29/88
This Policy valid only if Schedule B is attached.
Policy No. 803519
- 51
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not in:-.ure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records,
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the public records.
PART II
1. Property taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1992-93 which are a lien not yet payable.
2. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Senate Bill No. 813 (1983) of the State of California.
3. Right of entry to construct double-wood sound absorptive wall granted to
the Department of Transportation of the County of San Diego, or its
authorized agents by instrument recorded March 5, 1979 as File No.
79-092771 of Official Records.
4. The fact that the ownership of said land does not include rights of access
to or from the street or highway abutting said land, such rights having
been relinquished by the map of said Tract.
Affects:
Parcel B
5. An easement for the purpose shown below and rights incidental thereto as
shown on Map of said Tract.
Easement
Purpose:
Affects:
Slope rights
Parcel B
Easement
Purpose:
Flowage
ClTAOB88 -- 1l/29/88
Policy No.
Page 2
803519 - 51
SCHEDULE B
(CONT.)
Part II
Affects:
Parcel B
6. The abutters rights of access appurtenant to Lots 100 and 101 in and to Lot
"BIl reserved for future street dedicated and rejected on Map 9256.
Affects Parcel B of Parcel Map 16786.
7. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to:
Purpose:
Recorded:
SAN DIEGO FLOOD CONTROL DISTRICT
Drainage
January 3, 1979 as File No. 79-003310, Official
Records
Parcel B
Affects:
8. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to:
Purpose:
Recorded:
POMERADO COUNTY WATER DISTRICT
For the installation, construction, operation,
maintenance, repair, replacement and reconstruction of
sewer pipe lines and/or mains, manholes, sewer lateral
pipe lines, and all structures incidental thereto,
together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, flowers and
any other obstructions interfering with the use of
said easement and right of way by Grantee, its
successors and assigns
February 6, 1979 as File No. 79-056306, Official
Records
Parcel B
Affects:
Restrictions on the use, by the owners of said land, of the easement area
as provided in the document referred to above.
9. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to:
Purpose:
Recorded:
SAN DIEGO GAS & ELECTRIC COMPANY
Public utilities, ingress and egress
February 6, 1979 as File No. 79-055577, Official
Records
Parcel B
Affects:
10. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
CLTA88C - 12/16/88
Policy No.
Page 3
803519 - 51
SCHEDULE B
(CONT.)
Part II
Granted to:
Purpose:
Recorded:
Affects:
CITY OF POWAY
Sewer lines and incidental purposes
June 23, 1981 as File No. 81-196086, Official Records
Parcels A & B
11. Covenants, conditions and restrictions (deleting therefrom any restrictions
based on race, color or creed) as set forth in the document
Recorded:
July 11, 1983 as File No. 83-235175, Official Records
Said covenants, conditions and restrictions provide that a violation
thereof shall not defeat the lien of any mortgage or deed of trust made in
good faith and for value.
12. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to:
Purpose:
Recorded:
CITY OF POWAY
To erect, construct, reconstruct, replace, repair,
maintain and use a pipeline or pipelines for any and
all purposes, together with such fixtures and
appurtenances, including, but not limited to,
facilities for power transmission and communication
purposes together with the right of ingress and egress
from the easement together with the right to use this
easement for access
December 7, 1989 as File No. 89-662601, Official
Records
Parcel B
Affects:
13. The following recital as contained in the Deed from NORTH AMERICAN TRUST
COMPANY, as Trustee Successor to THE BANK OF SAN DIEGO, Trustee to CITY OF
POWAY, formerly POWAY MUNICIPAL WATER DISTRICT, recorded June 22, 1992 as
File No. 1992-0384373, recites as follows:
The Grantor herein reserves a residual right to share equally (50%-50%) in
any financial gain received by the City from the subsequent sale, lease, or
other profit-making development of the property made by, sponsored by, or
allowed by the City. In calculating "gain", the City shall have a zero
cost basis for the acquisition of said property. Generally accepted
accounting practices shall be applied in calculating any such "gain". In
the event that the City retains said lots but devotes said lots or any
portion thereof to a purpose other than open space, landscaping or street
purposes, each of the parties shall appoint an MAl appraiser to establish
the then fair market value of the property to be so used as through it were
being acquired by eminent domain for such use. If the opinions of the two
appraisers vary from each other by more than ten per cent (10%), the two
CLTAMC -- 12/16/88
Policy No.
Page 4
803519 - 51
SCHEDULE B
(CONT.)
Part II
appraisers shall jointly appoint a third MAI appraiser to mediate the
appraisal difference. The opinion of the mediator/appraiser shall be final
and binding on the parties, and the City shall pay to the plaintiffs fifty
per cent (50%) of said final opinion. In the event the difference in
appraised values is less than 10%, the City shall pay the Plaintiffs fifty
percent (50%) of the arithmatic average of the two appraisals.
END OF SCHEDULE B
eh
CLTA88C -- 12/16/88
EXHIBIT .C.
R:IDER
to
CH:ICAGO T:ITLE :INSURANCE COMPANY POL:ICY NO. 000803519
NO ENDORSEMENT :ISSUED :IN COHNECT:ION W:ITH THE POL:ICY AND RELAT:ING TO
COVENANTS, COND:IT:IONS OR RESTR:ICT:IONS PROV:IDES COVERAGE FOR ENV:IRONMENTAL
PROTECT:ION.
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