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HomeMy WebLinkAboutD-1674 Bishop Tank, Water Tank Site - APN 073-371-004 Recorded 12/23/2005* JULIE ROOM 1 MEN RECORDING REQUES*D � San Luis -Obis „ Co ClerklRecorder 12j2312005 TITLE COMPANY 8 :00 AM CUESTA i Recorded at the request of ' tuesta Title Company Doc # : 2005106845 Tines: 1 Pages: 11 - and Fees 0.00 when recorded return to: Taxes 0.00 Others Hamner, Jewell & Associates i PAID p $0.00 Government Real Estate Services P.O. Box 3086 Shell Beach, CA 93448 A.P. No. 073 -371 -004 (SLO County) SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee per Government Code 6103 No Documentary Transfer Tax per Revenue & .Taxation Code11922 FILED FEE PAI EX® oUTCF City of San Luis Obispo STATE WATER TANK SITE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE COUNTY OF SAN LUIS OBISPO, A POLITICAL CORPORATION AND ONE OF THE COUNTIES OF THE STATE OF CALIFORNIA ( "GRANTOR ") does hereby GRANT to the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND A CHARTER CITY IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ( "CITY ") the following interests in real property: A. A Permanent and Exclusive Easement for the construction, operation, maintenance and repair of a water storage reservoir and related appurtenances, including associated utilities, pipelines, and related facilities, and ingress and egress rights associated therewith. This exclusive easement shall be in, over, on, through, within, under, and across the Easement Area of the Real Property as defined in this paragraph. The "Real Property" is in the County of San Luis Obispo, State of California and is described in Exhibit "A" attached hereto and incorporated by reference herein. The "Exclusive Easement Area" which comprises the Permanent Exclusive Easement is described in Exhibit `B and depicted in Exhibit "D" (labeled the "Permanent Easement" therein), each attached hereto and incorporated by reference herein. Page 1/4 -Dl�q4 The Permanent Exclusive Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: i 1. The facilities and improvements installed in the Exclusive Easement Area collectively are referred to herein as "City Facilities." Plans for City Facilities as they exist from time to time shall be maintained at the City's principal offices. 2. City shall have and hold all rights to the exclusive use of the Permanent Exclusive Easement Area. City may restrict the rights of others to enter the Exclusive Easement Area and may erect perimeter fencing around the Exclusive Easement Area and maintain locked gates in order to protect City Facilities and prohibit access and use by others. 3. City shall have the right of ingress and egress for personnel, vehicles, and construction equipment to, from, and along the Exclusive Easement Area at any time, without prior notice. 4. Subsequent to the grant of this Exclusive Easement, Grantor shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under, and across the Exclusive Easement Area without prior written consent of the City. Together with: B. A Temporary Construction Easement for the purposes of facilitating construction of City Facilities, including the right to place equipment and vehicles, pile earth thereon, erect and operate temporary water storage tanks, and utilize said Temporary Construction Easement for all other related activities and purposes associated with facilitating the construction of City Facilities upon the Permanent Exclusive Easement Area described hereinabove, in, on, over, under, through, and across that certain parcel of land described in Exhibit "C" and depicted in Exhibit "D ", attached hereto and incorporated herein. This Temporary Construction Easement shall commence thirty (30) days following the issuance of a Notice of Construction Commencement issued by City to Grantor via U.S. Mail, and shall terminate within twenty -four (24) months after commencement, or upon completion of construction, whichever occurs first; however, City shall have the right to extend the Temporary Construction Easement term in additional three (3) month increments if City determines that additional time beyond the twenty four month period is necessary for construction completion. In such case, City shall have the unilateral right to extend the Temporary Construction Easement period through construction completion and agrees to compensate Grantor Twelve Hundred Dollars ($1,200.00) for each three -month extension term exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with City's written notice to Grantor of City's intent to exercise such extension provisions. In any event, this Temporary Construction Easement shall terminate on or before June 30, 2008. Upon completion of construction of City's Facilities, the Temporary Construction Easement area shall be generally restored to the condition that existed prior to construction, to the extent reasonably practical, subject to any grading done in conjunction with the construction of City Facilities provided that such grading does not detrimentally affect County's adjacent property. Page 2/4 APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy ounty Co 6 sel Date: 10 � 7e ifs, GRANTOR: COUNTY OF SAN LUIS OBISPO By: SHIRLEY BIMCLn Chairperson of the Board of Supervisors ��1Qpproved by the _Boar�.of Supervisors on YJ� 2005 ATTEST: By: JULE L. RODE �VALD Clerk of the Board of Su erv,� s ®y: VIC, s E.� �r Deb my Cle -lk State of C, County of On before me, appeared , personally known to me (or proved to me on the bas of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within ins ent and acknowledged to me that he /she /they executed the same in his/her /their authorized ca city(ies) and that by his/her /their signature(s) on the instrument the person(s), or the entity upon alf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature (Seal) Page 3/4 9 • 00 I CERTIFICATE OF ACCEPTANCE * * * * * * * * * * * * * * * * * ** THIS IS TO CERTIFY that the interest in real property conveyed by the Water Tank Site Easement Deed dated , 2005, from The Countv of San Luis Obispo to the City of San Luis Obispo (Grantee), is hereby accepted by the undersigned officer on behalf of Grantee, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. Date: Approved as to form: J&addh Lowell, City Attorney The City of San Luis Obispo By Dave Romero, Mayor Page 4/4 ... ��' C'E�C. - � �.�f 1 ::� i.. � � it ��� � a� �� 00 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO) Is On November 15, 2005 before me, Vicki M. Shelby, Deputy County Clerk- Recorder, County of San Luis Obispo, State of California, personally appeared Shirley Bianchi personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. a N �• If.� (SEAL �,� •�.,, JULIE L. RODEWALD, County Clerk - Recorder and Ex- Officio Clerk of the Board of Supervisors By. lmcnm M)"A Deputy ounty Clerk- order APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By; Deputy ounty Co el Date: 101 7 e i nr GRANTO C UNTY F SAN LUIS OBISP B: , Chairperson of the oard of Supervisors Approved by the Board of Supervisors on .2005 ATTEST: By: JULM L. RODFKALD Clerk of the Board of Supervisors epty Clerk State California County o On before me, appeared personally known to me (or proved to on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the \ahorized ment and acknowledged to me that he /she /they executed the same in his/her /th capacity(ies) and that by hi s/her /their signature(s) on the instrument the person(s) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature Page 3/4 • STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN LUIS OBISPO) • On November 15, 2005 before me, Vicki M. Shelby, Deputy County Clerk- Recorder, County of San Luis Obispo, State of California, personally appeared Shirley Bianchi personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JULIE L. RODEWALD, County Clerk - Recorder and Ex- Officio Clerk of the Board of Supervisors By:Ur 'WV r�h t "I Deputy unty Clerk- corder L+ IN .. L :7 • v (Sk" Order No. 808445 Exhibit A The "Remainder Parcel' of Parcel Map SLOAL 89 -191, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded October 18, 1991, in Book 48, Page 81 of Parcel Maps. 40• EXHIBIT B Water Tank Site Easement Legal Description Permanent Easement A portion of Lot 13 of the Deleissiguez Tract as shown on map filed in Book A of Maps at Page 95, records of San Luis Obispo County, California, described as follows: BEGINNING at a 1" iron pipe at the intersection of the northwest line of Bishop Street with the southwest line of Laurel Street, said point designated "S -3" as shown on the map of the Goldtree Vineyard Tract, filed in Book 1 of Licensed Surveys at Page 14, records of said County; thence 1) along the said northwest line of Bishop Street, South 390 42' 40" West 68.500 meters (224.74 feet); thence 2) at right angles, North 50° 17' 20" West 46.000 meters (150.92 feet); thence 3) at right angles, North 39° 42' 40" East 57.567 meters (188.87 feet), more or less, to the said southwest line of Laurel Street; thence 4) along last said line, South 63° 39' 32" East 47.281 meters (155.12 feet) to the POINT OF BEGINNING. The above - described parcel contains 2817 square meters (30322 square feet), more or less. The above - described parcel is graphically shown on Exhibit D attached hereto and made a part hereof. J. Randy Ellis6n, LS7065 ?-Du` Date rLANp S epzz' P' 0A �'QL U) o -j Q O :7 Z * LIC. N0. 7065 s Exp 12/2006 P 9TH 0 F C A� EA2004 Survey \1704022 Bishop Tank Site\Product\PERMANENT TANK ESMT.doc !• EXHIBIT C Water Tank Site Easement Legal Description Temporary Easement * 9 A portion of Lot 13 of the Deleissiguez Tract as shown on map filed in Book A of Maps at Page 95, records of San Luis Obispo County, California, described as follows: Commencing at a 1" iron pipe at the intersection of the northwest line of Bishop Street with the southwest line of Laurel Street, said point designated "S -3" as shown on the map of the Goldtree Vineyard Tract, filed in Book 1 of Licensed Surveys at Page 14, records of said County; thence along the said northwest line of Bishop Street, South 39° 42' 40" West 68.500 meters (224.74 feet) to the TRUE POINT OF BEGINNING; thence 1) continuing along said line of Bishop Street, South 391 42' 40" West 15.000 meters (49.21 feet); thence, 2) at right angles, North 500 17' 20" West 61.000 meters (200.13 feet); thence 3) at right angles, North 39° 42' 40" East 45.000 meters (147.64 feet); thence 4) at right angles, North 50° 17' 20" West 40.000 meters (131.23 feet); thence 3) at right angles, North 39° 42' 40" East 14.494 meters (47.55 feet), more or less, to the said southwest line of Laurel Street; thence 4) along last said line, South 63° 39' 32" East 56.532 meters (185.47 feet), more or less, to a line that is parallel with and 46.000 meters (150.92 feet) northwesterly of said northwest line of Bishop Street; thence 5) along said parallel line South 39° 42' 40" West 57.567 meters (188.87 feet), more or less, to a point that bears North 50° 17' 20" West 46.000 meters (150.92 feet) from the true point of beginning; thence 6) South 50° 17' 20" East 46.000 meters (150.92 feet) to the TRUE POINT OF BEGINNING. The above - described parcel contains 2522 square meters (27146 square feet), more or less. The above- described parcel is graphically shown on Exhibit D attached A N p S� hereto and made a part hereof. �,� �PNDk 'S'G tyzoeh J. Randy Ellis6n, LS7065 Date EA2004 Survey \1704022 Bishop Tank Site\Product \TEMP TANK ESMT.doc Ln o _j Q O z0 �+ Z * LIC. N0. 7065 jP Exp. 12/2006 F C A\- I lxhl-bit I FOUND 1" IP • W TAG 4i "RCE 12748' N ,3 45 23 E 2�3 055m �s � roc °�> WIDE FIGHT (IF WAY PER THE OOLDTREE NNEYARD TRACT eq 339 � ° 4e S4� j ��n CFA a M 0. •.�^ o� — h� V) O m O 4V L N Z Q 1n cn LL Q - ti 1 O Z o sod 76. tis U 6, R�• 0 7 APW 070- 371- 0040 — 48 PM 81 J ,— Aso 1 9 �l C� ov N / PERMANENT EASEMENT 2817 sq meters . 30322 sq feet S �I FOUND 1" IP k�/ TAG °RCL 12748" P WATER STORAGE TANK EASEMENT PER 852 —OR -2 HIBIT B T.P. .B EXAMIT C A GRAPHICC SCALE 10 0 5 10 20 30 1 :1000 E.\2004 Survley \1704022 Bishop Tank Site\ Product\ Drawings \tanksite - exhibit- metdwg, 3: 23pm, rlselllson 40 501 RRM DESIGN GROUP PLAT OF csmmf 9"iO/ihZeA& P Jot TEMPORARY AND PERMANENT 3765 South Higuwa Street. Suite 102 - San Lute Obispo„ California 93401 EASEMENTS Phone: 805/''.x13 -1794 - Fcc 805/543 -4609 - www.mmdesign.com PAGE 1 OF 1 wa Mantgarnam Arrhlted CA 11M-Jwykichad, RCE 36895. LS 6376 • Nkhod B. Stanton, PLS 5702 DATE. Oct 1 Z 2005 SCALE- 1. 1000 nA END OF DMIMl =1jt tiAZ�T►1AR, JEWELL & ASS&IA%S Government Real Estate Services a division of Beacon Integrated Professional Resources, Inc. Ventura County Office: 3639 Harbor Boulevard, Suite 210, Ventura, California 93001 Tel. (805) 658 -8844 Fax: (805) 658 -8859 [X� San Luis Obispo County Office: 340 James Way, Suite 150, Pismo Beach, Califomia 93449 Tel: (805) 773 -1459 Fax: (805) 773 -2418 DOCUMENT TRANSMITTAL V Personally delivered TO: City of San Luis Obispo DATE: January 20, 2001 Matt Horn, Civil Engineer, Public Works Dept 955 Morro San Luis Obispo, CA 93401 FROM: David M. Jewell Hamner, Jewell &. Associates SUBJECT: City of San Luis Obispo — Bishop Tank Project DOCUMENT ➢ 1 Original of the Bishop Tank, Water Tank Site ENCLOSED: Easement Deed, Recorded. MESSAGE: Dear Matt, Enclosed is the Original Recorded Bishop Tank, Water Tank Site Easement Deed that was forwarded to us by The County Recorder's Office. Please be sure that this document is maintained in a permanent City File for future reference. We are pleased to see that the City and County were able to work out an agreement for this project. Please feel free to call Lillian or me if we can be of any further assistance to you or the City. Best, David M. RECEIPT By: Print Name: Date I Time qUESTA ­3 FEB 7 2006 I ITI TLE COMPANY 715 Tank Farm Road, #120 • San Luis Obispo, CA 93401 o (805) 544-1860 • FAX(805)'541'_'1769 February 2, 2006 City of San Luis Obispo 955 Morro San Luis Obispo, CA 93401 RE: Escrow Officer Sharon Snyder-Miller / Cheryl Chalukian Escrow Number 513585 Property Address We enclose herewith the following in connection with the above referenced escrow: Original Owners Policy We appreciate having had this opportunity to be of service to you. Sincerely, Cuesta Title Company Sharon Snyder-Miller / Cheryl Chalukian Escrow Officers enclosures CLTA STANDARD COVERAGE POLICY - 1990 If you want information about coverage or need a lance to resolve complaints, please call our toll free nu 1- 800 - 729 -1902. If you make a claim underyour policy, you must furnish written notice in accordance wit ion 3 of the Conditions and Stipulations. Visit our World -Wide Web site at: http: / /www- steWom POLICY OF TITLE INSURANCE ISSUED BY S T EWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas 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: 1. Title to the estate 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. Unmarketability 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. Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. 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}O uosoaJ Aq paJnsul uo o4 pa;ndwi aq bow yiiym a3l4ou Jo a6pa -IMOUJ and ;)nJ4suo) 4ou 'a6palmousl lonpo :,,umousl,, Jo , a6palmoul, (a) •V alnpay)S w pamsul uD so pawDu sl y)lym }o Jaumo a44 'g alnpay)S ui umoys a6o6 ;low 0 : a6o64Jow paJnsul •a6o6pow paJnsul uo to Jaumo ay; :,,Japual paJnsul„ r) •a6owop Jo ssol 6ulwlop paJnsw uo :,,tuowlop paJnsw„ (q) •suoi4Dindi4S puD suoj4lpuOD asay{ }o (o)Z =4)aS w pa4ou61sap sayod ay (u�) '40U Jo waJay paJnsw uO so pawou Jay{aym ' }oaJa44 pod AUD JO 'a6o6tJow paJnsui ay Aq paJn)as ssaupa4gapui ay; 6ulaa4uoJon6 Jo 6ulJnsw b4uoJon6 Jo 4)DJ4uo) a)uoJnsui uo Japun Jo4uomn6 Jo JaJnsui uD s1 y)lgm A4i104uawnJ4sul 104UawuJano6 Jo A)ua6o ID4UawuJaAO6 AUD (ii) '(puDl a44 ul;saJa ;ui JO ato;sa 944 04 aW4 6uipaj }o so A)ilod siyt Aq 4suio6o paJnsw Ja44Dw Ja44o JO wlDp asJanpD 'a)uoJgwn)ua 'uail 'pa}ap pa ;lasso ay }o a6palmoul tnoy4lm anIDA Jo} JasDy)Jnd o so ssaupa;gapui ay paJinb)D Jossa))ns a44 ssalun 'paJnsw Jossa)apaJd buo;suio6o poy ahoy pinOM AUDaWOD ay; toys Jossa))ns Auo o; so sasua4ap puo s14611 IID 'JanaMOy '6ulAJasaJ) su014 - olndi ;S puo suoi4jpuo:) asay; }o O)ZI uOlpaS }O SUOISIAOJd ay Japun io61lgo uo s1 oym Jossa))ns o 4da)xa ssaupa4gapui ay; jo diysJaumo ui Jossa))ns -4)oa puD a6D64JOw paJnsw a44 Aq paJn)as ssaupa4gapul ay; }o Jaumo ay; (!) sapnpw Oslo „paJnsw„ wJat ayl •sJos - sa))ns AJDDnp!j JO a4DJodJO) JO 'wl }0 4xau 'SaA14D4uasaldaJ IDuosJad 'SJOAIAJns 'saaslAap 'saa4nqu4sip 'sJiay 'o4 pa;lwil 4ou ;nq '6uipnpui asoy)Jnd woJ} pagsin6 - Ultslp so mol 4o uo14DJado Aq paJnsul pawou ay }o ;saJa4ui ay; o4 paa))ns oym asoy4 'paJnsul pawou ay 4sulo6o poy anoy pinom Auodwo� ay4 sasua}ap Jo S44BI uo o4 palgns 'puo 'V alnpay)S ul pawou pa,nsui a44 :,,paJnsui„ (D) :uoaw hilod sly{ w pasn uaym swJa4 6wmollof ayl •SW831 10 NOI11NIM ' I SNOI1Vlt>d115 aNV SNOIllaNOD •smol s;y61J ,siot!paj) JDl!wis JO A)UaAIOSUI a404s 'A)4dnJJluoq IoJapa} }o uol4oJado ay; to uosDaJ Aq 'Japual paJnsul ay4 }o 4saJa4w ey4 6ul;oan uoi4)osuoJ4 ay; Jo A)llod sly4 Aq paJnsul 4saJa4ui io a4o4sa ay paJnsw ay4 w 6wtsaA uoiposuoJ4 ay; }o Ono sasuo y)lym 'wiop Auv •9 •MDI 6ulpual w y;nJ; Jo uoipa4oJd 4ipaJ3 Jawnsuo) Auo Jo AJnsn uodn pasoq si puo abo6pow paJnsw ay; Aq pa)uapina uoiposuoJ4 ay; to Ono sasuo y)lym '}oaJay4 wlop Jo 'a6o64Jow paJnsw ay; }o uall ay to Atlllgoa)Jo}uaun Jo A;ipiIDAUI •S pa;on4is si pUDI ay; y)lym w a4D4s ay; }o sMDI ssaulsnq 6ulop algo)ilddo ay; y;lM Aldwo) o4 'ssaupa4gapul ay; }o Jaumo 4uanbesgns AUD }o aJnllo} Jo A4ylgow ay; JO 'A)yod }o a ;DQ ;D paJnsw ay; }o aJnllo} Jo A ygow ay; }o asno)aq a6o64Jow paJnsw ay; }o uail ay; }o ).41Jlgoa3JO4uaun •q •A)yod sly{ Aq paJnsw 4saJa4ui Jo a ;o4sa ay; Jol Jo a6o64Jow paJnsw ay; Jo} p!od anlDA poy;uowlol) paJnsul ay; f! paulo;sns uaaq anoy;ou pinom y)lym a6owop Jo ssol w 6V4lnsaJ (a) Jo 'A)ilOd }o a ;Do o4;uanbasgns pa4oaJ) Jo 6uiy)o4D (P) '4uowlop paJnsw ay o; a6owop Jo ssol ou w 6ui4lnsaJ (3) 'A)yod sly4 Japun paJnsw uo awo)aq 4uowiol) paJnsui ay; atop ay o4 Joud 4uowiop paJnsul ay{ Aq Auodwo:) ay; o4 6w ;lJm ui pasopslp 4ou puo tuouimp paJnsw ay; o4 umouJl 4nq 'A)llod 10 a4od to spJo)aJ )llgnd ay w papJo)aJ tou 'AUDdwo:) ay; o4 umouJl 4ou (q) '4uowiop paJnsw ay Aq o4 paaJ6o Jo pawnsso 'paJal}ns 'pa;oaJ) ;nq '410d }o a ;Do 40 spJo)aJ )llgnd ay4 ui papJo)aJ 4ou Jo Jay;aym (o) :sJa4Dw Jay4o JO swlol) asJanpD 'sa)uoJgwn)ua 'suail 'spa }ad •£ •a6palmoul ;noytlm anloA Jo} Jasoy)Jnd o to sty6u ay; uo 6wpwq aq pinom y)lym hilOd }o a4oa o4 JoiJd paJJn))O soy y)iyM 6ui lo; AuD 96oJano) woJ} 6wpnpxa tou.;nq 'AJilod fo NO(] 40 spJO)aJ )llgnd ay; w papJO)aJ uaaq soy }oaJay4 aspJaxa ay4 }o a)l;ou ssalun wowop 4uawwa }O s;y6la Z A)yod }o a ;o(3 to spJo)aJ )llgnd ay; w papJo)aJ uaaq soy pUDI 044 6ulpaIlD U0140101A pa6allo Jo Uo14olo1A o woJ} 6u14jnsaJ a)uDJgwn)ua JO uall'pa}ap 0 }o aal4Ou o Jo }oaJay4 asl)Jaxa ay; }O aDi4ou 0 1044;ua4xa ay o4 tda)xa'anogo (o) Aq papnpxa 4ou JamOd a)' llod I04uawuJaAO6 Aud (q) • yod }o a4oa to spJo)aJ )ygnd ay w papJo)aJ uaaq soy pUDI ay; 6wpa} }o uo140101A pa6aIID Jo 00110101A D woJ} 6ul ;lnsaJ a)uoJgwn)ua Jo uail 'pa}ap D to a)i4ou D Jo 4o9Jay4 4uawa)JOJua eyt to a)l{Ou D my; 4ua ;xa ay; o4 ;da)xe 'suol;oln6aJ I04uawwanO6 JO Sa)uoulpJO 'smol asa44 }o U0 40101A AUD 10 pa} }a ay; Jo 'uolt)a4oJd 104UawuOJlnua (AI) JO 'Pod D SDM JO SI puol ey4 y)lym }o I93JDd Auo JO puol ay; to DaJD 10 su015uawlp ay; ui a6uoy) o Jo dlysJaumo UI U014DJodas D (m) :puol ay; UO papaJa Ja;}DaJay Jo MOU ;UawaAoidwl Auo }o uol;D)ol Jo suolsuawlp 'JapDJOy) a44 (ll) 'puol ay; to tua-.uAolua Jo 'asn 'A)uodn)3o ay (l) o4 6uj4DlaJ Jo 6Uj4iglyaJd '6ul - 4Dln6aJ '6ulpu4saJ (Suoi4Dln6eJ Jo 'sa)uowpJo 'smol 6Uluoz Jo 6uiplinq o4 pa4lwll tou 4nq 6ulpnpul) uoj4oln6aJ IOtuawUJano6 Jo a)unulpJo 'mol Aud (D) • I : }o uosoaJ Aq aslJO y)lym sasuadxa JO saal sAaujo44D 's ;so) 'a6Dwop JO ssol Aod 4ou IIiM Auodwo:) ay; puo A)llod siy4 to a6oJano) a44 wOJ} papnl)xa AlssaJdxa aJo sJa44Dw 6ulmollo} ayl 39 MOD WON SNOISf1UX3 CALIFORNIA LAND TIPASSOCIATION STANDARD COVERAGE - 1990 SCHEDULE A, Order No.: 513585 Amount of Insurance: $60,500.00 Date of Policy: December 23, 2005 at 8:00 AM •Order Number: 513585 Policy No: CNJP -1597- 811040 Policy No.: CNJP- 1597- 811040 Premium: $233.00 1. Name of Insured: The City of San Luis Obispo, a Municipal Corporation and a Charter City in the County of San Luis Obispo, State of California 2. The estate or interest in the land which is covered by this policy is: An Easement 3. Title to the estate or interest in the land is vested in: The City of San Luis Obispo, a Municipal Corporation and a Charter City in the County of San Luis Obispo, State of California 4. The land referred to in this policy is described as follows: SEE ATTACHED LEGAL DESCRIPTION Page l of 4 CALIFORNIA LAND TAASSOCIATION •Order Number. 513585 STANDARD COVERAGE - 1990 Policy No: CNJP -1597- 811040 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Luis Obispo, and described as follows: The "Remainder Parcel' of Parcel Map SLOAL 89 -191, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map recorded October 18, 1991 in Book 48, Page 81 of Parcel Maps. APN: 073,371,004 End of Legal Description Page 2 of 4 CALIFORNIA LAND TIPASSOCIATION •Order Number: 513585 STANDARD COVERAGE - 1990 Policy No: CNJP -1597- 811040 SCHEDULE B PART I EXCEPTIONS FROM COVERAGE This 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 the taxing authority that levies taxes or assessments on real property or by the public records. 2. Proceeding 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 land or by malting inquiry of persons in possession thereof. 4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or other facts which a correct survey would disclose, and which are not shown by the public records.. 6. (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. Page 3 of 4 CALIFORNIA LAND TIOASSOCIATION STANDARD COVERAGE - 1990 SCHEDULE B PART II *Order Number: 513585 Policy No: CNJP -1597- 811040 1. Any and all leases, recorded or unrecorded, upon the terms, covenants, conditions, and stipulations contained therein, and the rights of tenants in possession, including but not limited to, those as disclosed by San Luis Obispo Assessor's Roll. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Grant To: City of San Luis Obispo, a municipal corporation Purpose: Water storage tank Recorded: July 10, 1956, as Instrument/File No. 8125, Book 852, Page 271, of Official Records. Affects: 40' x 40' portion of said land No representation is made as to the present ownership of said easement. 3. An easement for the purpose shown below and rights incidental thereto as reserved in a document: Purpose: Public utilities and drainage and water lines in favor of Pacific Gas and Electric Company, Southern California Gas Company; Pacific Bell Telephone Company, and the City of San Luis Obispo Recorded: July 30, 1997, as Instrument/File No. 1997 - 040132 of Official Records Affects: Portion of said land formerly within Bishop Street END OF EXCEPTIONS Typist Initials: JIM Print Date: February 2, 2006 Page 4 of 4 r rasam�oo 999EEE, : .xabs=6, T 3o T :e6gd LE'EL dBlQ say y��odsrgo srn7 aes :uoradrsosea 2E S� g 2 0 N C -1N . voeel N4r. w o .1 W 0 y A N T 3 3 n vi s 4yA �g 0 u' U n, CD CD @ < (Q p" n (!► CDC CL PLOc CL C t-i m �J .................... i CDJ 0 ��J ?0 WW1 n' v CN' � I v CONDITIONS AND STIPULATIONS Continued 1 • (continued from defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriote action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted b the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting set- tlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company s obligations to such insured under the policy shall terminate, including any liabil- ity or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Con- ditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit an examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably per- tain to the loss or damage. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cus- tody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall termi- nate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Pur- chase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or reverse side of Policy Face)• (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which werer authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in para- graph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in porag ra h a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to Pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipula- tions, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. itions and stipulations continued and concluded • (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not "be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Dote of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (a) All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of insurance pro tonto. How- ever, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 21a) of these Conditions and Stipulations shall not reduce pro tonto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tonto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured there- by, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and 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 payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the Policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (i) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have re- covered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal lia- bility 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 insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. ,' The Company s right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except on obligor described in Section 1(o)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(o)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association: Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured aris- ing out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbi- trated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrotor(s) may be entered in any court having jurisdiction thereof. The law off the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules mayy be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS, POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252 -2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy.