Valdez, Santos
I.R.S.
~rant 1!leeb 3Jnbibtbual
APprica~~~KN~??~..f~H 736~ 4" ;j ~ J 6 ~oor, B774: p^cc'l:jfj
;.'Lt.:O H;ti i{t.COh~:
· u~
~ 10 ~. 3sPH 19~
SANTOS VALDEZ, who acquired title to
the property hereinafter described as
his own separate property,
the first parr y
, hereby GRANT TO
')"I{,;ii.~.:: :. H~OS
'~M~TA Cll.RIo i.'OU~fTY
PAUl. F\, TEiLH
rqr:OI10~fl
CITY OF GILROY, a municipal corporation,
~t
the second parr y , all that real properry situated in the
City of Gilroy
County of Santa Clara, State of California, described as follows:
Above space for Recorder
A perpetual easement and right of way for the
laying, maintaining, replacing, and repairing
and sewer mains and water mains over, in, on,
the following described property:
Commencing at a point on the easterly line of East street,
distant thereon 60.45 feet Southeasterly from the point
of inters€ction of the Northwesterly line of L~t 4, Block 2
South of Range "7 East, as shown upon the ma~accompanying
Report of the,Commissioners in Henry Miller et aI, Plaintiffs
vs. Massey Thomas et aI, Defendants ~,tOe Sup~r~or Court
of the Ptate of California, in and lor the County of Santa
Clara, Case Number 5536, with the easterly line of said
East street, and running thence in a Northwesterly direction
along the said easterly line of East Street 4.00 feet;
running thence Northeasterly and parallel with the Southeasterly
line of the premises described in the deed from Amelia Valdez
formerly Amelia Williams to Amelia Valdez and Santos Valdez,
her son, dated July 12, 1943, recorded in the office of the
County Recorder of Santa Clara County, in Volume 1146 of
Official Records at page 476, to the northeasterly line of
said Lot 4, and thence in a southeasterly direction along the
said northeasterly line of said Lot 4 to the said pouth-
easterly boundary line of the preJ1ises described in the
aforesaid deed, and thence along the said boundary line to the
point of beginning, and being the southeasterly 4.00 feet of
the uremises described in the aforslientioned deed.
..
purpose of
sewer lines
and under
This conveyance is made upon the condition that the grantee
furnish and install in the sewer line to be constructed and
laid through the said premises a nyu connection at a point
20.00 feet from the easterly line of East Street, and that the
party of the first par~ms heirs, successors, and assigns may
connect any sewer line extension for the benefit of the
premises hereinbefore described to the said uyn.
WITNESS
my hand
this seventh
day of July , 19 55
.~;:.::dJ~~?:0~R:t.__.~(d~.___.___.______...______..___..___....._______.....
.
;.g~"::~'~:'li '".;:.' ';'!,
;.r ",', ' . t;. ! .. :\"
i: \t,,\" ,. ". "" ht~
f~);Ci.:~;-~?:t.;~~,~ ~', ~,,. ~-'-,""._ f,i
~E OFC\~FQI!.NIA\'d' }
~~l':qY OF SAm~.(:i}RA 55.
/:1 'l>~ On this 7t~' day of July , 19 55, before me,
t' :~:: -', _ ">", '" _, -/,~/'/:.." "
.1.' ?,..... N., o....ta.Iv..... p..u.. b.ltU.'n ...''llI.''od.f~r said CounlY i1nd State, personally appeared
j "'~" ..",.,3aritos Va.LaeZ
~_ ~"C~~:'<^::.i,~;:~:,>".,::t:::f;,~:~:~,,~,~'i(':-~' ~."
'J,\,,~ the pecs+>n. :\ii "'hose name is
MARIE C. JOHANSEN
subscribed 10 the foregoing instrument, and acknowledged
7n.~..........e,......
a
k own to me to
he exec ed the same.
- ~-_.~
MO~ 677 4 r,~~[ 73~(
RESOLUTION NO. 877
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ACCEPTING CONVEYANCE OF REAL PROPERTY Al~ CONSENTING
TO ITS RECORDATION
BE IT RESOLVED that the city of Gilroy accepts the attached
conveyance from Santos Valdez to the City of Gilroy, Dated July
7, 1955, and consents to its recordation.
PASSED ],-iID ADOP'rED this 7th day of December, 1964, by the
following vote:
NOES:
COtThlCI1..MEMBER.S :Goodr i ch, Jordan ,Qua r t i ro 1 i , Went-
worth, and Petersen.
COUNCILMEMBERS :None
AYES:
ABSEN'r:
COUNCILMEMBERS :Duffin and Eckard
APPROVED:
KENNETH L. PETERSEN
Mayor
AT/rEST:
SUSANNE E. PAYNE
City Clerk
~
-
~oor\ 677 4 p~\C[ 738
I ,
SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 877
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
7th
day of
December
, 1964 . at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and
affi:xed,~J1~9fficial seal of the City of Gi Iroy, this 8th day
_ d/t;~~ b'-;Q J
':~~,i tytlerl<..~ the City of G i I roy'
~', 1',~
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CHICAGO TITLE COMPA\NY
<;- -hud--
I)alc('('.,(s _
C~~ L(~ J
L/ g
Date: 07-31-00
City of Gilroy
William A. Headley, Jr.
7351 Rosanna Street
Gilroy, California 95020
Order No.: 843136 - JW
Property: APN 841-10-006,007,008,009, Gilroy, California 95020
RE:
In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith
our Preliminary Report for your review.
Should you have any questions in connection with this or any other matter concerning the
above referenced order, please do not hesitate to contact our office.
Thank you for choosing Chicago Title Company.
Title Department:
@
Escrow Department:
CHICAGO TITLE COMPANY
7881 Church Street #0
Gilroy, California 95020
(408) 842-8211 fax: (408) 842-4317
CHICAGO TITLE COMPANY
110 West Taylor Street
San Jose, CA 95110
PHONE: (408) 292-4212
TITLE OFFICER
Jan Wallace
ESCROW OFFICER
PSPEL --09/16/97bk
@
CHICAGO TITLE COMPANY
PRELIMINARY REPORT
Dated as of: July 3,2000
at 7:30 AM
Order No.: 843136 - JPW
Regarding:
APN 841-10-006, 007, 008, 009
Gilroy, California
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered. It is
important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98)
Visit Us On The Web: westerndivision. cft. com
Title Department:
CHICAGO TITLE COMPANY
110 West Taylor Street
San Jose, California 95110
(408) 292-4212
@
Escrow Department:
CHICAGO TITLE COMPANY
12156 Saratoga/Sunnyvale Rd.
Saratoga, California 95070
(408) 973-1900 fax: (408) 973-8778
TITLE OFFICER
Jane P. Walsh
ESCROW OFFICER
PFP --08/05/99bk
SCHEDULE A
Order No:
843136 VW
Your Ref:
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
Ronald Dene Withers, A Single Man and Frances M. Withers, a Married Woman, as
Her Sole and Separate Property, as tenants in common, as to Parcel One;
Alfred R. De La Torre and Ingrid De La Torre, Trustees of the Al and Ingrid
De La Torre Trust dated February 14, 1996, as to Parcel Two;
Ralph B. Valdez and Henrietta Valdez, Husband and Wife, as to Parcel Three;
Ralph Valdez and Henrietta Valdez, His Wife, as Joint Tenants, as to Parcel
Four;
The City of Gilroy, A Municipal Corporation, as to Parcels Five, Six and
Seven
3. The land referred to in this report is situated in the State of California, County of SANTA CLARA
and is described as follows:
SEE ATTACHED DESCRIPTION
PREA -10/31/97bk
Order No: 843136
-vw
1
DESCRIPTION
All that certain Real Property in the City of Gilroy, County of Santa Clara,
State of California, described as follows:
PARCEL ONE:
Beginning at a point in the East Line of East Street, distant 66.00 feet
Southerly from the Northeast corner of East and Seventh Streets, and running
thence along the East line of East Street Southerly 153.60 feet and thence
Easterly 68.24 feet; thence Northerly 153.60 feet, and thence Westerly 68.00 feet
to the Point of Beginning, and being Lot No. 2 in Block 2 South Range 7 East of
The City of Gilroy as the same is shown on Map No. 6 and its Amendments,
accompanying the final report of the referres in the partition suite of Henry
Miller, et al vs. Massey Thomas et al in the Superior Court of the County of
Santa Clara, State of California.
PARCEL TWO:
All of Lot 3, in Block 2, South, Range 7 East, as shown upon Map No. 10
accompanying the report of the referees in that certain action entitled, "Henry
Miller, et al, vs. Massey Thomas, et al", in the Superior Court of the State of
California, in and for the County of Santa Clara, Action No. 5536.
PARCEL THREE:
Northerly portion of Lot 4, in Block 2 South Range 7 East, as shown upon Map No.
6 accompanying Report of the Commissioners in Henry Miller et al, Plaintiffs, vs.
Massey Thomas et al, Defendants, in the Superior Court of the State of
California, in and for the County of Santa Clara, Case Number 5536, and more
particularly described as follows, to-wit:
Commencing at a point on the Easterly line of East Street, distant thereon 60.45
feet Southeasterly from the Northwesterly corner of said Lot 4, and running
thence in a Northwesterly direction along the Easterly line of said East Street
60.45 feet to the Northwesterly corner of said Lot; thence in a Northeasterly
direction along the Northwesterly line of said Lot 67.76 feet to the most
Northerly corner of said Lot and thence in a Southeasterly direction along the
Northeasterly line of said Lot 60.45 feet and thence in a Southwesterly direction
to the Point of Beginning.
PARCEL FOUR:
Southerly portion of Lot 4, in Block 2 South Range 7 East, as shown upon Map No.
6 accompanying Report of the Commissioners in Henry Miller et al, Plaintiffs vs.
Massey Thomas et al, Defendants, iin the Superior Court of the State of
California, in and for the County of Santa Clara, Case Number 5536, and more
particularly described as follows, to-wit:
Commencing at a point on the Easterly line of East Street distant thereon 60.45
feet Southerly from the Northwestern corner of said Lot, and running thence in a
Southeasterly direction along the Easterly line of East Street 60 feet to the
most Southerly corner of said Lot; thence along the Southeasterly boundary line
DESCRSO --12/04/91 AA
Order No: 843136
-vw
2
DESCRIPTION
of said Lot 68.40 feet; thence in a Northwesterly direction and along the
Northeasterly line of said Lot 60 feet, and thence in a Southwesterly direction
to the Point of Beginning.
PARCEL FIVE:
Beginning at the Northeast corner of Old Gilroy Street and East Street and
running thence along the North line of Old Gilroy Street, North 89 deg. 54' East
250.27 feet to a white post marked J. H. thence North 31 1/4 deg. West 384.90
feet, to a white post marked J. I. thence North 20 deg. West 196.60 feet; thence
South 70 deg. West 92.30 feet; thence South 20 deg. East 394.55 feet; thence
South 70 deg. West 68.40 feet to the East line of East Street; and thence along
the last mentioned line South 20 deg. East 95 feet to the point of beginning.
PARCEL SIX:
Beginning at .the Southwest corner of Las Animas Ranch Lot No. 19A; thence North
57 deg. 55' East along the Southerly boundary line of said Ranch Lot 88.34 feet;
thence North 20 deg. West 294.10 feet to a point which bears South 20 deg. East
66 feet from the southeast corner of Las Animas Ranch Lot No. 18; thence South 70
deg. West 109.65 feet to the West boundary line of Las Animas Ranch Lot No. 19A;
thence Southerly along said West boundary line South 20 deg. East 196.60 feet;
and South 31 deg. 15' East 118.25 feet to the point of beginning, and being a
portion of Las Animas Ranch Lot No. 19A.
DESCRSO -- 12/04/91 AA
SCHEDULE B
Page 1
Order No:
843136 VW
Your Ref:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. Taxes for the fiscal year 2000-2001, a lien not yet payable.
B 2. ASSESSMENT NO.: 841-10-009
Premises are not assessed for Taxes for the Fiscal Year 1999-2000 for
reason that said land is vested in the City of Gilroy, A Municipal
Corporation.
Said matter affects all of Parcels Five and Six and a portion of Parcel
Seven.
c 3. ASSESSMENT NO.: 841-10-032
Premises are not assessed for Taxes for the Fiscal Year 1999-2000 for
Reason that said Land is vested in the City of Gilroy, A Municipal
Corporation.
Said matter affects a portion of Parcel Seven.
D 4. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) of the Revenue
and Taxation Code of the State of California.
B 5. An easement affecting the portion of said land and for the purposes
stated herein, and incidental purposes,
In Favor Of:
For:
City of Gilroy, A Municipal Corporation
A perpetual easement and right of way for the
purpose of laying, maintaining, replacing, and
repairing sewer lines and sewer mains and water
mains
December 10, 1964 in Book 6774 at Page 736 Official
Records
As follows:
Recorded:
Affects:
F
Commencing at a point on the Easterly line of East Street, distantt
hereon 60.45 feet Southeasterly from the point of intersection of the
Northwesterly line of Lot 4, Block 2 South of Range 7 feet, as shown upon
the map no. 6 accompanying Report of the Commissioners in Henry Miller et
al, Plaintiffs vs. Massey Thomas et al, Defendants, in the Superior Court
of the State of California, in and for the County of Santa Clara, Case
Number 5536, with the Easterly line of said East Street, and running
thence in a Northwesterly direction along the said Easterly line of East
Street 4.00 feet; running thence Northeasterly and parallel with the
Southeasterly line of the premises described in the deed from Amelia
PRES -10/31/97bk
Page 2
SCHEDULE B
( continued)
Order No: 843136
vw
Your Ref:
Valdez formerly Amelia Williams to Amelia Valdez and Santos Valdez, her
son, dated July 12, 1943, recorded in the Office of the County Recorder of
Santa Clara County, in Volume 1146 of Official Records at page 476, to the
Northeasterly line of said Lot 4, and thence in a Southeasterly direction
along the said Northeasterly line of said Lot 4 to the said Southeasterly
boundary line of the premises described in the aforesaid deed, and thence
along the said boundary line to the Point of Beginning, and being the
Easterly 4.00 feet of the premises described in the aforementioned deed.
G
Said instrument, among other things, provides: This conveyance is made upon
the condition that the grantee furnish and install in the sewer line to be
constructed and laid through the said premises a "Y" connection at a point
20.00 feet from the Easterly line of East Street, and that the party of the
first part, his heirs, successors, and assigns may connect any sewer line
extension for the benefit of the premises hereinabefore described to the
said "Y".
H
Said matter affects: PARCEL THREE
I 6. The fact that the ownership of said land does not include any right of
ingress or egress to or from the highway contiguous thereto, said right
having been relinquished by deed
From:
To:
Recorded:
Paula Rubio Bravo, An Unmarried Woman
State of California
July 16, 1969 in Book 8606 at Page 47 of Official
Records
J
Said matter affects: PARCEL SEVEN
1{
And Recorded:
July 16, 1969 in Book 8606 at Page 47 Official Records
L 7. A Deed of Trust to secure an indebtedness of the amount stated herein, and
any other obligations secured thereby
Instrument No.:
Return Address:
October 15, 1990
$117,000.00
Ronald Dene Withers, A Single Man
Pan American Service Corporation
Pan American Savings Bank S.S.B.
October 19, 1990 in Book L513 at Page 0769 of
Official Records
10690025
1300 S. El Camino Real
San Mateo, CA 94402
Dated:
Amount:
Trustor:
Trustee:
Beneficiary:
Recorded:
PRELlMBC-9/23/93bk
Page 3
SCHEDULE B
( continued)
Order No: 843136
vw
Your Ref:
11
Said matter affects: PARCEL ONE
N
The Beneficial interest of record under said Deed of Trust was assigned
To:
First Federal Savings and Loan Association of San
Gabriel Valley, a Corporation
September 23, 1998
August 26, 1999 as Instrument No. 14957243 Official
Records
By Assignment Dated:
Recorded:
o And by other instruments of record.
p 8. A Deed .of Trust to secure an indebtedness of the amount stated herein, and
any other obligations secured thereby
Dated:
Amount:
Trustor:
Trustee:
Beneficiary:
Recorded:
December 10, 1993
$175,000.00
Alfred R. De La Torre and Ingrid De La Torre, who are
married to each other
Equitable Deed Company, a California Corporation
Bank of America National Trust and Savings Association
December 22, 1993 in Book N208 at Page 1871 of
Official Records
12275849
6200 Gateway
Cypress, CA 90630-6013
1376888
Instrument No.:
Return Address:
Loan No.:
Q
Said matter affects: PARCEL TWO
R 9. The effect of a Deed
Dated:
From:
To:
November 14, 1995
Ralph B. Valdez and
Ralph Butron Valdez
Trust
November 20, 1995
Official Records
Henrietta Valdez, Husband and Wife
and Henrietta Dalida Valdez 1994
Recorded:
in Book P094 at Page 0087 of
s
Said Deed is insufficient for Title Insurance Purposes by reason that the
grantee therein is not a Legal Entity capable of holding title.
PRELlMBC-9/23/93bk
Page 4
SCHEDULE B
( continued)
Order No: 843136
vw
Your Ref:
T
Said matter affects: PARCEL THREE
u 10. The effect of a Deed
Dated:
From:
To:
November 14,
Ralph Valdez
Ralph Butron
Trust
November 20, 1995
Official Records
1995
and Henrietta Valdez, as Joint Tenants
Valdez and Henrieta Dalida Valdez 1994
Recorded:
in Book P094 at Page 0089 of
v
Said Deed is insufficient for Title Insurance purposes by reason that the
Grantee therein is not a Legal Entity capable of holding title.
Pi
Said matter affects: PARCEL FOUR
x 11. Any Assessment or Bond which may hereinafter become a lien on said land by
reason of proposed improvement Community Facilities District No. 1
For:
Emegency Medical Services
As disclosed by a Map of the proposed boundaries of said improvement
District
Instrument No.:
September 29, 1999 in Book 34 of Maps of Assessment
Districts at Page 23 Of Official Records
15002393
Recorded:
y END OF SCHEDULE B
z NOTE 1 The land referred to in this Preliminary Report was identified in
the order application only by street address or assessor's parcel number.
This land has been located on the attached map. The use of a street
address or assessor's parcel number creates an uncertainty as to the
correct legal description for the land involved in your transaction.
Please review the map. Is the correct land located on the map? If your
transaction involves other land or more land or less land than that located
on the map you should immediately advise your title officer or escrow
officer.
II NOTE 2: Title of the vestee herein was acquired by deed recorded prior to
six months from the date hereof.
M NOTE 3: Effective March 1, 1979, there will be an additional $10.00 fee
for recording a deed with a legal description other than an entire lot in a
PREUMBC-9!23!93bk
Page 5
SCHEDULE B
( continued)
Order No: 843136
vw
Your Ref:
recorded final map. If there are any questions, please call your escrow
officer or title officer.
AC NOTE 4: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's
or Lender's policy form has been requested, the policy, when approved for
issuance, will be endorsed to add the following to the Exclusions From
Coverage contained therein:
Loan Policy Exclusion:
Any claim, which arises out of the transaction creating the interest of the
mortgage insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is
based on:
(i) the transaction creating the interest of the insured mortgagee being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a
result of the application of the doctrine of equitable subordination;
or
(iii) the transaction creating the interest of the insured mortgagee being
deemed a preferential transfer except where the preferential transfer
results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or
a judgment or lien creditor.
Owners Policy Exclusion:
Any claim, which arises out of the transaction vesting in the insured, the
estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws,
that is based on:
(i) the transaction creating the estate or interest by this policy being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or
a judgment or lien creditor.
PRELlMBC.9/23/93bk
Page 6
Order No: 843136
vw
Your Ref:
SCHEDULE B
( continued)
~ NOTE 5: For Informational Purposes, the General and Special Taxes and
Assessments, if any, for the fiscal year 1999-2000
Assessment No.:
Code No. :
First Installment:
Second Installment:
Assessment Valuation
Personal Property:
Homeowner Exemption:
841-10-005
02-000
$1,049.39 PAID
$1,049.39 PAID
Of
NONE
NONE
AB Said matter affects: PARCEL ONE
AF NOTE 6: For Informational Purposes, the General and Special Taxes and
Assessments, if any, for the fiscal year 1999-2000
Assessment No. :
Code No. :
First Installment:
Second Installment:
Assessment Valuation
Personal Property:
Homeowner Exemption:
841-10-006
02-000
$1,259.38 PAID
$1,259.38 PAID
Of
NONE
NONE
AG Said matter affects: PARCEL TWO
AS NOTE 7: For Informational Purposes, the General and Special Taxes and
Assessments, if any, for the fiscal year 1999-2000
Assessment No.:
Code No. :
First Installment:
Second Installment:
Assessment Valuation
Personal Property:
Homeowner Exemption:
841-10-007
02-000
$244.19 PAID
$244.19 PAID
Of
NONE
NONE
AI Said matter affects: PARCEL THREE
AJ NOTE 8: For Informational Purposes, the General and Special Taxes and
Assessments, if any, for the fiscal year 1999-2000
PRELlMBC-9/23/93bk
Page 7
Order No: 843136
vw
SCHEDULE B
( continued)
Your Ref:
Assessment No. :
Code No. :
First Installment:
Second Installment:
Assessment Valuation
Personal Property:
Homeowner Exemption:
841-10-008
02-000
$159.76 PAID
$159.76 PAID
Of
NONE
NONE
u Said matter affects: PARCEL FOUR
RK/cvg
PRELlMBC-9(23(93bk
Order No: 843136 - VW
Your Ref:
As part of the settlement of a class action lawsuit, we are required to place this notification in all
preliminary reports:
IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL
PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997,
PLEASE READ THE FOLLOWING:
Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for
Los Angeles County, a settlement agreement has been entered into that provides persons who
bought, sold or refinanced residential real property in the State of California between July 1, 1989
and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an
escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title
Company or Fidelity National Title Insurance Company, you have the following rights:
If one of these companies previously handled a residential escrow transaction for you that
involved residential real property in which a mortgage, promissory note, or similar debt instrument,
repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or
discharged and a reconveyance of that deed of trust was executed and was delivered to one of those
title companies for recording but was inadvertently not recorded, you have the right to request that a
release of obligation or reconveyance be recorded in accordance with the terms of the Settlement
Agreement.
To obtain this right you must:
(1) Establish to the satisfaction of the title company that you actually closed an escrow
between July 1, 1989 and February 28, 1997, which was handled by one of the above-listed title
insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a
duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of
trust was executed and was delivered for recordation to the title company that handled the prior
transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary
report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of
trust; and
(2) Request in writing the recording of a reconveyance or release of obligation in the event
that one inadvertently had not been previously recorded in the escrow transaction previously
handled by one of the above-named title companies.
KSS -09/07/9Bbk
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LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY. 1990
EXCLUSIONS FROM COVERAGE
following matters are expressly excluded from the coverage of this policy and tne Company will not pay loss or damage, costs, attorneys fees:-
enses which aflse by reason of
(al Any law, ordinance or governmental regulation Ilnclueing but not limited (0 building and zoning laws, ordinances. or regulations) restrict:""
regulating. prOhibiting or relating to (I) the occupancy. use. or enjoyment of the land: (II) the character, dimensions or location of any Improveme'"
now or hereafter erected on the land: (,") a separalion in ownership or a change In the dimensions or area of the land or any parcel of which the
land IS or was a part: or (IV) environmental protection. or the effect of any Violation of these laws, ordinances or governmental regulations exceCl'
to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a Violation or alleged vlolilt'c'-,
affecting the land has been recorded In the publiC records at Date of Policy
(b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. Ile'1 C'
encumbrance resulting from a Violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
Rights of eminent domain unless notice of the exercise thereof has been recorded in the publiC records at Date of Policy, but not excluding tram
coverage any taking which has occurred pflor to Date of Policy which would be binding on the fights of a purchaser for value without knowleege
Defects, liens, encumbrances, adverse claims or other matters
(a) whether or not recorded in the publiC records at Date of Policy. but created, suffered, assumed Or agreed to by the insured claimant:
ib) not known to the Company, not recorded In the publiC records at Date of Pol,cy, but known to the Insured claimant and not disclosed In \Vrtt:ng ':
the Company by the insured claimant pflor to the date the Insured claimant became an Insured under thiS policy.
IC) resulting In no loss or damage to the Insured claimant
:dl attaching or created subsequent to Date of POliCY, or
Ie) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the Insured mortgage or the estat" cr
interest insured by thiS policy
Unenforceability of the lien of the insured 'l1ortgage because of the Inability or failure of the insured at Date of Policy. or the inabil,ty or failure:'
any subsequent owner of the indebtedness. to comply With applicable dOing bUSiness laws of the state In which the land is situated
Invalidity or unenforceablllty of the lien of the Insured mortgage or claim thereof. which aflses out of the transaction eVidenced by the insure,]
mortgage and IS based upon usury or any consumer credit protection or truth-in-lending law
Any claim, which aflses out of the transaction vesting In trle InsGred the estate or Interest Insured by thiS poliCY or the transaction creating the Interest
of the Insured lender. by reason of the operation of federal bankruptcy, state Insolvency or Similar creditors' rights laws
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
policy does not Insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
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.
Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lanu or which may
be asserted by persons in possession thereof
Easements, liens or encumbrances, or claims thereof. which are not shown by the publiC records
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.
(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
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
:e following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs attorneys fees c'
penses which arise by reason of
(a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or requlatlons) restrlct'r,c
regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (II) the character, dimenSions or !ocatlon of any Improvem9nt
now or hereafter erected on the land: (III) a separation In ownership or a change In the dimensions or area of the land or any parcel of whlcn :ne
land is or was a part; or (IV) environmental protection, or the effect of any Violation of these laws, ordinances or governmental regulations, exce~';
to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a Violation or alleged VIOld!;C"
affecting the land has been recorded In the public records at Date of Policy
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. IleG ,)'
encumbrance resulting from a Violation or alleged Violation affecting the land has been recorded In the public records at Date of Policy
Rights of eminent domain unless notice of the exercise thereof has been recorded In the publiC records at Date of Policy, but not excluding ;ro,.,-,
coverage any taking which has occurred prior to Date of Policy whlcrl would be binding on the rights of a purchaser for value Without knowledge
Defects, liens, encumbrances, adverse claims or other matters
(a) created, suffered. assumed or agreed to by the Insured claimant:
(b) not known to the Company, not recorded In the publiC records at Date of Policy, but known to the Insured claimant and not disclosed In Writing to
the Company by the insured claimant prior to the date the Insured claimant became an Insured under thiS POliCY,
(c) resulting in no loss or damage to the Insured claimant.
(d) attaching or created subsequent to Date of Policy. or
(e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured ~'i I' "
policy
Any claim which arises out of the transaction vesting In the ,nsured the estate or interest insured bv thiS POliCY, oy reason 0' the Cf)er:,: ')"
of federal bankruptcy, state Insolvency or Similar credtlors lights laws that IS based on
(il the transaction creating the estate or interest inSLJled by thiS pO!lcy being deemed a fraudulent conveyance or fraudulent transfer ;.J
(11\ the transaction creating the estate or ;nterest Insured ::)"1 thiS pollcv being deemed a preferential transfer except where the orefere~:
transfer results from the failure
(a) to timely record the Instrument of transfer or
(b) of such recordation to Impart notice to a ourchaser for value or a Judgment or lien creditor.
le above policy forms may be issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from
)verage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
liS poliCY does not II1sure agall1st loss or damage (and the Company will not pay costs. attorneys. fees or expenses) which arise by reason of:
Taxes or assessments which are not shown as eXisting liens oy the records of any taxll1g authOrity that leVies taxes or assessments on real property or
the public records
Proceedll1gs by a publiC agency which may result In taxes or assessments, or notices of such proceedings. whether or not sr,own by the records of sucn
lency or by the public records
Any facts, rights, II1terests or claims which are not shown by the publiC records but which could be ascertall1ed by an II1Spectlon of the land or by makll1g
~Ulry of persons 111 possession thereof
Easements, liens or encumbrances, or claims thereof. wh,ch are not shown by the publiC records
Discrepancies. conflicts In boundary IlI1es shortage in area. encroachments, or any other facts which a correct survey would disclose. and which are
It shown by the public records
(a) Unpatented mining claims, (b) reservations or exceptions In patents or 111 Acts authorlzlI1g the Issuance thereof: (c) water rights. claims or title to
3ter. whether or not the matters excepted under (a). (b) or (c) are shown by the publiC records
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH AL T A ENDORSEMENT . FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH AL T A ENDORSEMENT. FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
fhe following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys. fees or
:?xpenses which arise by reason of
1 (a) Any law, ordinance or governmental regulation (including but not limited to bUilding and zoning laws, ordinances. or regulations) restricting
regulating, prohibiting or relating to (I) the occupancy, use. or enjoyment of the land; (II) the character, dimenSions or location of any Improvement
now or hereafter erected on the land; (iil) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the
land is or was a part; or (IV) environmental protection, or the effect of any Violation of these laws. ordinances or governmental regulations. except
to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged Violation
affecting the land has been recorded in the publiC records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a Violation or alleged Violation affecting the land has been recorded In the public records at Date of Policy
Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
Defects, liens, encumbrances, adverse claims or other matters'
(a) created, suffered, assumed or agreed to by the Insured claimant,
(b) not known to the Company, n9t recorded in the publiC records at Date of Policy, but known to the Insured claimant and not disclosed in writing !O
the Company by the insured clilimant prior to the date the Insured claimant became an Insured under thiS po/tcy;
(el resulting m no loss or damage to the Insured claimant.
(d) attaching or created subsequent to Date of PoliCy (except to the extent that thiS poliCY Insures the priority of the /ten of the Insured mortgage over
any statutory lien for services. labor or material or to the extent Insurance IS afforded herem as to assessments for street Improvements uncer
construction or completed at Date ot POliCY), or
\e) resulting In loss or damage which would not have oeen sustained If the Insured claimant had paid value for the Insured mortgage
4 Unenforceabillty of the lien of the ,nsured rTlortgage because of the inability or failure of the Insured at Date of PoliCY, or the Inability or fal;ure 0:
any subsequent owner of the Indebtedness to comply With applicable dOing bUSiness laws of the state In which the land IS situated
:l Inva/tdlty or unenforceabillty ot the lien of the Insured mortgage, or claim thereof which arises out of the transactton eVidenced by the Insu'e'-:
mortgage and IS based upO;l usury or any consumer cred!! protection or truth ,n :endlng law
6 Any statutory /ten for services. labor or materials lor me claim or pr>orlty of any statutory lien for services, labor or materials over the lien of tne
Insured mortgagel arising from an Improvement or work related to the land which IS contracted for and commenced subsequent to Date of POliC,
and IS not financed In whole or In part by proceeds ot the Indebteaness secured by the Insured mortgage which at Date of Policy the insured has
advanced or IS obligated to advance
7 Any claim which aflses out of the transaction creatlflg the Interest of the mortgagee Insured by thiS poliCY. by reason of the operation of feaerai
bankruptcy, state Insolvency, or Similar creditors fights-laws. that IS based on
(I) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
illl the subordination of the Interest of the Insured mortgagee as a result of the app/tcatton of the doctflne of eqUitable subordination: or
(IIi) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results
from the failure
(a) to timely record the ,nstrument of transfer or
(b) of such recordation to Impart notice to a purchaser for \'alue or a ludgment or /ten creditor
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
ThiS policy does not Insure against loSS or damage (and the Company will not pay costs. attorneys' fees or expenses) which aflse by reason of
1 Taxes or assessments which are not shmvn as eXisting liens by the records of any taxing authOrity that leVies taxes or assessments on real property or
by the publiC records
Proceedings oy a publiC agency which may result In taxes or assessments or notices of such proceedings. whether or not shown by the records ot such
agency or by the publiC records
2 Any facts. rights. Interests or claims which are not shown bv the publiC records but which could be ascertained by an Inspection of the land or by maK,ng
:nqullY ot persons In possession thereof
3 Easements, liens or encumbrances or claims thereof which are not shown oy the publiC records
4 Dlscrepahcles, conflicts In boundary lines. shortage in area encroachments, or any other facts which a correct survev would disclose and wh,ch are
not shown by the publiC records
5 (a) Unpatented mining claims Ib) reservations or exceptions in patents or In Acts authoflzlng the Issuance thereof ICI water fights, claims or title Ie
/later. whether or not the matters excepted under la). ibi or (CI are snown by the publiC records
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the exceptions In Schedule B you are not ,nSJrec aga"sl '055, cos:snorney s fees and expensEs 'esuit'ng frOm
1. Governmental police power. and the eXistence or Violation of an'l law or government regulation. ThiS Includes budding aM zon!!',~
ordinances and also laws and regulations concerning
. land use . lan'C jlv,s,on
. Improvements on the land . en\ Iran mental protection
ThiS exclusion does not apply to the Violations or the enforcemen! of !hese matters which appear In the public records at Pollcv Date
ThiS exclUSion does not limit the zoning coverage cescnbed In ItefTls 12 and 13 of Covered Title R'sks
2 The nght to take the land by condemning It. unless
. a notice of exercISing the nght appears In the publiC records on the PoliCY Date
. the taking happened pnor to the PoliCY Date and IS binding on you If you bought the land Without knowing of the taking
3 Title Risks
. that are created. allowed. or agreed to by you
. that are known to you, but not to us, on the Policy Date. unless they appeared in the public records
. that result In no loss to you
. that first affect your title after the Policy Date - thiS does not limit the labor and matenalllen coverage In Item 8 of Covered Title Risks
4. Failure to pay value for your title
5. Lack of a nght:
. to any land outside the area specifically descnbed and referred to in Item 3 of Schedule A, or
. In streets, alleys, or waterways that touch your land
ThiS exclUSion does not limit the access coverage In Item 5 of Covered Title Risks
EXCEPTIONS FROM COVERAGE
in addition to the ExclUSions, you are not Insured against loss. costs, attorneys' fees and expenses resulting from'
1. Someone claiming an Interest In your land by reason of
A. Easements not shown In the publiC records
B. Boundary disputes not shown In the publiC records
C. Improvements owned by your neighbor placed on your 'and
2. If, In addition to a Single family reSidence, your eXisting structure consists of one or more Additional Dwelling Units, Item 12 of Coverec
Title Risks does not Insure you against loss. costs. attorneys' fees. and expenses resulting from:
A. The forced removal of any Additional Dwelling Unit. or.
B. The forced conversion of any Additional Dwelling Unit back to itS Original use.
If said Additional Dwelling Unil was either constructed or converted to use as a dwelling unit in Violation of any law or governmer:
regulation.
CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OFTITLE INSURANCE (5/98)
EXCLUSIONS
In addition to the Exceptions In Schedule B. You are not insurea against loss. costs. attorneys' fees, and expenses resulting from:
Governmental police power, and the eXistence or Violation of any law or government regulation. ThiS Includes ordinances, laws and regulations
concerning:
a, building c, Land use e. Land diVISion
b. zoning d. improvements on the Land f. environmental protection
ThiS ExclUSion does not apply to Violations or the enforcement of these matters If notice of the Violation or enforcement appears In the Pubi!c
Records at the Policy Date
ThiS ExclUSion does not limit the coverage deSCribed In Covered Risk 14, 15, 16, 17 or 24_
2. The failure of Your eXisting structures, or any part of them. to be constructed In accordance with applicable building codes. ThiS ExcluSIOr:
does not apply to Violations of building codes If notice of the Violation appears In the PubliC Records at the Policy Date.
3 The right to take the Land by condemning It, unless:
a. a notice of exercIsing the right appears In the PubliC Records at the Policy Date; or
b. the taking happened before the Policy Date and Is binding on You If You bought the Land Without KnOWing of the taking.
4. Risks:
a that are created, allowed, or agreed to by You. whether or not they appear In the PubliC Records;
b that are Known to You at the PoliCY Date. but not to Us, unless they appear 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.d, 22. 23, 24 or 25.
5. Failure to pay value forYourTltle.