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Doyle, Agnes ~ ~, 9 I 10 i\ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4509374 II 0359 PAGf13.4: 0353 PAcrl~4 '(ENDORSeD) , 'l E 0 MAY ~ 187~'" ilL-EO FOR REOORD /~;f!/ :;aues; o~ ROBEHT S. WEBBER' HAY oJ ; "'30~PM '13 ., Attorney at Law '3 f 04 Fathom Drive OFFICIAL m:'COROS " San Mat eo . Ca. 94404 SAIITA Cl.t<RA collN:r.t Telephone: (415) 573-6CX1EDRGE A MANN ,Rt:GISTR.l\R RECORDER Attorney for Plaintiff Bv G,K()(:K oel?u'n' NO FEE / IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA CITY OF GILROY, a municipal corporation, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, NO. 276305 (Parcell) FINAL ORDER OF CONDEMNATION vs. AGNES DOYLE, et al., Defendants. JUDGMENT IN CONDEMNATION having been entered herein, and GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the following described property: All that certain real property in the City of Gilroy,' County of Santa Clara, State of California, des- cribed as follows: Lot one (1), block one (1) South, range four (4) West, as represented in the official map of the City of Gilroy more particularly described as follows: BEGINNING at the Southwest corner of Sixth and Rosanna Streets and running thence along the West line of Rosanna Street Southerly 120.20 Feet; then~e Westerly 140.00 feet to the East line of an alley; thence Northerly along the East line of the alley' 120.20 feet to the South line of Sixth Street; thence along the South line of Sixth Street 140.00 feet to the point of beginning. ~. , is, and shall be, condemned in fee simple, absolute to and for the benefit of the CITY OF GILROY, a municipal corporation. THIS ORDER may be recorded in the official records 'of. : ~ -1- :. ~ " ; " I . , ". ',t , . " " , . : "I 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 :1 0359 p~cf'~3~ the County Recorder and shall convey title,to the CITY OF GILROY, as provided herein. DATED: \ I I II \ II " " ' ".. ",' i '1' '. ""fA" .,..., u 'N !., t. JOHN S. MciNERNY' Judge of the Superior Court I I The fore~ng instrument is a correct copy of t1le oo'ginal on file in this offrtce. A rTEST : MAY 3 1973 G. Koel( I .' . : '. -2- " I , . ~ I ',' , ' . , . " " ' / !;;1~7 ~J c"-"" c- /. LOT 1 BLK 1 SR~W GILROY ..- ' , TO 1012-1 AB C California land Title Association Standard Coverage Policy-1963 SCHEDULE A Premium $ 95.00 Amount $81000.00 Effective Date JUNE 81 1973 AT 8:00 A.M. Policy No.B-339291 GY INSURED CITY OF GILROY 1 A MUNICIPAL CORPORATION 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF GILROY1 A MUNICIPAL CORPORATION 2. The estate or interest in the land described or referred to In Schedule C covered by this policy is a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. - APPLICATION NO. B-33929l GY ~ TO 1012-18 ConI. C CalifornIa Land Title Association Standard Conrage Pollcy-1963 S C H E D U L E B - (Continued) PART II NONE APPLICATION NO. B-33929l GY TO 1012-1, 1056, 1013-C4 (.5-70) American land Tltl. Alloclatlon loan Pollcy-I970 With AlTA Endorsement - Form 1 Caverage or American land Title Juloclatlon Owner'. Policy Form 8-1970 or California land Title .....oclatlon Standard Coverage Pollcy-1963 ' ~' SCHEDULE C The land referred to in this policy is described as follows: ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT ONE (l) BLOCK ONE (l) SOUTH, RANGE FOUR (4) WEST, AS RE- PRESENTED IN THE OFFICIAL MAP OF THE CITY OF GILROY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SIXTH AND ROSANNA STREETS AND RUNNING THENCE ALONG THE WEST LINE OF ROSANNA STREET SOUTH- ERLY 120.20 FEET; THENCE WESTERLY l40.00 FEET TO THE EAST LINE OF AN ALLEY; THENCE NORTHERLY ALONG THE EAST LINE OF THE ALLEY l20.20 FEET TO THE SOUTH LINE OF SIXTH STREET; THENCE ALONG THE SOUTH LINE OF SIXTH STREET l40.oo FEET TO THE POINT OF BEGINNING. RD CLTA 107.8 (4.10-69) (6.71 ) ALTA OR STANDARD COVERAGE INDORSEMENT ATTACHED TO POLICY NO. B-33929l GY ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy IS added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth In lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Title Insurance and Trust Company By 9~ 9~- SECRETARY "11 1 I DI ! . "'La <- ... "rO ~~ ! ~ :z a: o u.. ::i ~ )- ~ :z: :J o u ~ :3 u 1<1( ~ <I( V) IX o ~ .... V'l i ~ ~ Z :J 8 .... o I .J~ it: ' o o ~ ~ .... 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I I I 1 I , I 1 I 1 I I I i' ~l ~I r- cP lD Ln : I 1 lD ....... .... - I I I 1 I I I I I 1 I I I I I I 1 I 1 I I I I 1 I 1 ! ~I ~I ~I 6S 6S '6S 311'V ^3JN I~d 59 59 ~I 01 co - ~I S9 t-= U) I o. , I ! ~ I , ~ o ~ ~ ~ ~ ~ ,I I o 3 of . ~ '" .. -' ::! ~::i' ' ,; 1 ~ H Z, ~ > uJ l/l <l o e ~ l'i ~ -, , 1 \ f . , I ...~.. i I I I ~ .. ~ -.. " ( . :" ~~ d .. ~~ _.~;. .. ' . . .. " u '. ~. . L .. CONDITION~ AND STIPULATIONS (Continued and Concluded From Rev~r$e Side, of Policy Face) the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, 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 payment of the purchase price, 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs impos'ed upon the Insured in 1 iti- gation carried on by the Company for the I nsured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company, (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted 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 Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent juris. diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided. however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof, (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said eMate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of sub- rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty in respect to such claim had this policy not been issued. If the payment does not COver the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said pay- ment bears to the amount of said loss. If @ loss should result from any act of the In- sured. such aCt shall not vnid this policy, hut the Company, in that event. shall be required to pay only that part of any losses insured against hereunder which shall ex- ceed the 'amount, if any, lost to the Com- pany by reason of the impairment of the right of subrogation, The Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property ne(essary in order to perfect su(h right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies, If the I nsured is the owner of the in- debtedness secured by a mortgage covered by this pol icy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any col- lateral security for the indebtedness, pro- vided such act does nor result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy, No provision or condition of this policy (an be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or orher validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home Office, 433 South Spring Street, Los Angeles, California 90051. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. 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