HomeMy WebLinkAboutCC Resolution 7032 (Open Space District)RESOLUTION NO. 7032
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
OPTION TO PURCHASE AGREEMENT BETWEEN OWENS MORTGAGE COMPANY
AND THE MARIN COUNTY OMEN SPACE 111b'1-AlUl' AIND 1n -b U111 OF
SAN RAFAEL (FOR OWENS MORTGAGE COMPANY PROPERTY - (A.P. 10-011-18
AND 10-041-42) (Shall extend through to and expire 12/31/85)
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Monday the fourth day of February
19 85 by the following vote, to wit:
AYES: COUNCILME`IBERS : Breiner, Frugoli, Nave, Russom and Diayor Mulryan
NOES: COUNCILME1IBERS : None
ABSENT: COUNCILMEIffiERS : None
JE E Nt. LEONCINI, City Clerk
- 7-V
OPTION TO PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into this a �-;e/l day of
�,ax•�
1985, by and between OWENS MORTGAGE COMPANY, a
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zQrporation, hereinafter designated "OWENS" and the MARIN COUNTY
OPEN SPACE DISTRICT, a political subdivision of the State of
California, and the CITY OF SAN RAFAEL, a municipal corporation,
hereinafter designated "DISTRICT/CITY."
W I T N E S S E T H:
OWENS is the owner of that certain real property in the
City of San Rafael, County of Marin, State of California, more
particularly described in Preliminary Title Report Number 59235 PW,
issued by California Land Title Company of Marin and by reference
incorporated in and made a part of this Agreement as Exhibit "A"
hereof; and
WHEREAS, DISTRICT/CITY desire to enter into an Option to
Purchase Agreement and OWENS is willing to enter into said Agree-
ment for the consideration and upon the terms and conditions
hereinafter set forth.
1. Property to be Purchased.
On the terms and subject to the conditions set forth
in this Agreement, OWENS agrees to sell and convey to DISTRICT/
CITY the property described in Exhibit "E" and depicted on
Exhibit "C" as said exhibits are attached and made a part hereof
by reference, comprising approximately 9.02 acres of land
described as Assessor's Parcels 10-011-18 and 10-041-42, and
DISTRICT/CITY agree to purchase said property from OWENS under
tila terms and conditions hereinbelow.
2. Consideration.
DISTRICT/CITY shall pay ONE DOLLAR ($1.00) as the
consideration for the option terms and conditions provided herein.
OR 1-A!�
Oj
3. Purchase Price.
The purchase price of the properties described herein
shall be the sum of ONE HUNDRED SEVENTY THOUSAND DOLLARS
($170,000.00) payable contemporaneously with delivery of a deed
to DISTRICT/CITY subject to the terms and conditions provided
herein. Title insurance premium, if any, revenue stamps on
conveyance, recording fees and other escrow costs shall be borne
by DISTRICT/CITY. Taxes shall be prorated and paid by SELLER as
of the date of closing of escrow. Evidence of title shall be in
the form of a standard owner CLTA policy of title insurance issued
by the escrow title company hereinabove mentioned. Real Estate
commissions will not be paid by OWENS nor by DISTRICT/CITY.
4. Condition of Title.
OWENS shall convey said property to DISTRICT/CITY
subject to the terms and conditions provided herein by Grant Deed,
free and clear of all liens and encumbrances, taxes and assess-
ments, penalties and costs, leases (recorded and unrecorded),
easements, rights-of-way, bonds and any and all restrictions and
reservations of record other than exceptions numbered 3, 4, 5, 6,
7, 8 and 9 contained in the above -referenced Preliminary Title
Report as Exhibit "A".
5. Term of Agreement.
a) Because of special terms of this Agreement that
follow below, the term of this Option to
Purchase Agreement shall extend through to and
expire December 31, 1985.
b) DISTRICT/CITY will acknowledge this Agreement
within sixty (60) days of the date hereinabove
written.
c) If DISTRICT/CITY should not acknowledge this
Agreement within sixty (60) days, then this
Agreement shall be terminated and. will be of
-2-
no force and/or effect, all without liability
to either party.
d) During this total time period (to June 30,
1985) Paragraph 5 a) above of this Agreement
shall constitute an irrevocable offer by OWENS
to enter into this Agreement with DISTRICT/
CITY.
6. Special Terms of Agreement.
Due to the nature of the Sun Valley Open Space
Project, this Option to Purchase Agreement by DISTRICT/CITY is
subject to the following:
a) The success of a petition by the local neighbor-
hood group.
b) The formation of an Assessment District by the
City of San Rafael for all of the open space
that is desired to be purchased.
c) The availability of funds from the San Francisco
Foundation (Buck Funds) or other sources.
d) DISTRICT/CITY agree at their sole expense, to
perform all necessary survey functions and to
prepare all deeds and/or documents which will
be required to purchase the herein described
property.
7. DISTRICT/CITY and OWENS have set forth the whole of
their Agreement herein. The performance of this Option to
Purchase Agreement constitutes the entire consideration for
said real property acquisition and shall relieve the DISTRICT/
CITY of all further obligations or claims on this account.
8. This Agreement shall run with the land and shall
inure to the benefit of and be binding upon the successors and
assigns of OWENS and DISTRICT/CITY.
M911
9. OWENS and DISTRICT/CITY agree that tiinre is of the
essence under this Option to Purchase Agreement.
IN WITNESS WHEREOF, the parties hereto caused this Agree-
ment to be duly executed the day and year first above written.
OWENS:
OWENS MORTGAGE COMPANY$
a Corporation
By
V
Date: / ` z% - g-5-
DISTRICT/CITY:
-S
DISTRICT/CITY:
MARIN COUNTY OPEN SPACE DISTRICT
President, Board of Dd. ectors
ATTEST:
Lv( ,--
ecretary
Date:
CITY OF SAN RAFAEL
Mayor, Lawrence
E. Mulryan
Cit Clerk, Jeanne Leoncini
Date:
Approved as to form:
-4-
9. OWENS and DISTRICT/CITY agree that time is of the
essence under this Option to Purchase Agreement.
IN WITNESS WHEREOF, the parties hereto caused this Agree-
ment to be duly executed the day and year first above written.
OWENS:
OWENS MORTGAGE COMPANY,
a Corporation
By
By {f✓.,
Date.
DISTRICT/CITY:
MARIN COUNTY OPEN SPACE DISTRICT
President, Board of Directors
ATTEST:
Secretary
Date:
CITY OF SAN RAFAEL
GL
Ma-gor, Lawrence E. ulr,"
Ci Clerk, Jeanne, Ito. Leoncini
Date: 02AMy,
Approve as to form:
' -4-
1 �
..- California Land
Title Company
of Marin
California Land Title Company of Marin
LXl 851 IRWIN AT THIRD - P.O. BOX 711 - SAN RAFAEL, CA 94915 - (415) 454-9323
❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897-5157
❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415) 383.8410
PRELIMINARY REPORT
PROPERTY REFERENCE
(Please Corjirm)
AP 10-011-18 & 10-041-42
Dated as of ........... May- • 11 , 19.84 ... at 7:30 A.M.
Escrow Officer: PATTY WRIGHT
Date: May 18, 1984
Our No. 59235 PW
Your No.
Buyer:
In response to the above referenced application for a policy of title insurance.
CALIFORNIA LAID TITLE COMPANY OF MARI
hereby reports that 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 should be read. They are available from the office
which issued this report.
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:
1. Califer. is Land Title Association Standard Coverage Policy U
2. American Land Title Association Owner's Policy Form B ❑
3 American Land Title Association Residential Title Insurance Policy ❑
4. American Land Title Associatic
ISSL
L1wersTiflejnsurance &poration �,��,�� 1
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SCHEDULE A
Order No. 59235 PW
The estate or interest in the land hereinafter described or referred to covered by this
report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
OWENS MORTGAGE COMPANY, a corporation
The land referred to in this report is situated in the State of California, County of
Marin , City of San Rafael and is described as follows:
DESCRIPTION ATTACHED
J) DESCRIPTION
All that certain real property situate in the City of San Rafael, County of Marin,
State of California, described below as follows:
PARCEL ONE:
BEGINNING at the most Northerly point of Lot 128, as shown upon the "Map of Sun
Valley, Unit Two", filed August 7, 1943 in Book 5 of Maps at page 100, Marin County
Records; running thence along the Northerly line of said Subdivision South 87004120"
East 209.367 feet, South 60 00' East 38.888 feet to the Northwesterly line of the
property described in Deed to Robert J. Straight, et ux, recorded August 4, 1944 in
Book 466 of Official Records, at page 290; thence along the exterior boundary lines
of said last mentioned property, North 30°00' East 150.0 feet, South 60° East 120.0
feet; South 30000' West 50.0 feet to the Northeasterly line of the property described
in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official
Records at page 33; thence along the Northeasterly and Southeasterly line of said
property South 600
o
East 52 feet and South 30 'Vest 100 feet to the Northerly line
of the Subdivision above referred to; thence along said last named line South 60°00'
East 307.859 feet to the Northwesterly line of the property described in Deed to
Roland D. Hellman, et ux, recorded April 7, 1947 in Book 548 of Official records at
page 128; thence along said last mentioned line and the Northwesterly line of the
property described in Deed to Oliver G. Bean , et ux, recorded February 21, 1946 in
Book 495 of Official Records at page 443, North 18° East 110 feet to the most
Northerly corner of said last mentioned property; thence along the Northeasterly line
thereof South 76014115" East 68.904 feet to the Westerly line of the property described
in Deed from San Rafael Land Title Company, a corporation, to City of San Rafael,
a municipal corporation, recorded August 26, 1947 in Book 562 of Official Records at
page 82; thence along said last mentioned line North 13°45'45" East 40 feet to the
most Northerly corner of said last mentioned property, thence Northerly in a direct
line to an angle point in a 40.0 foot road right of way at the intersection of the
two courses in said centerine, "South 52°54' West 106.6 feet and South 65°17' West
73.0 feet;" thence along said centerline, South 65°17' West 73.00 feet; North 72°56'
West 50.1, feet, North 30°58' Joest 50.5 feet, North 00°23' East 146.1 feet, North
o
31 24' West 58.8 feet, North 6 20' East 180.9 feet to a stake at the junction with
another 40 foot road; thence along the centerline of said 40 feet road North 62°07'
West 94.0 feet South 44°54' West 100.0 feet, South S4°55' West 200.0 feet; South
49°44' West 150.0 feet, South 65°41' West 50.0 feet; thence leaving said road centerline,
South 24057' West 341.6 feet to the point of beginning.
EXCEPTING THEREFRO&I the portion thereof described as follows:
BEGINNING at the most Southerly corner of the property described in Deed to Harold
Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33;
running thence along the Northerly line of
the property shown upon the "klap of Sun
Valley, Unit Two", filed August 7, 1943 in
Book 5 of Maps at page 100, Marin County
Records; South 60° 00' East 307.359 feet
to the Northwesterly line of the property --
described in Deed to Roland D. Hellman,
et ux, recorded April 7, 1947 in Book 54S
of Official Records at page 128; thence
along said last mentioned line and the
Nortnwesterly line of the property describes
in Deed to Oliver G. Bean, et ux, recorded
February 21, 1946 in Book 495 of Official
Records at page 443, North iso East 110
feet to the most Northerly corner of said
last mentioned propert}; thence North 60°
West 226.78 feet and North 380 58' West 62.38
feet to a point which bears North 300
East from the point of beginning; thence
South 30° 'Vest 130 feet to the point of
begi nning.
E
ALSOI EXCEPTING THEREFROM that portion thereof described as follows:
) , 11.
BEGINNING at the Southerly corner of Lot 1, as shown upon the Map entitled, "Map
of Sun Valley Heights Unit One, San Rafael, Calif.", filed for record March 5, 1954
in Book 8 of Maps at page 2, Marin County Records, and running thence along the
Westerly lines of said Lot 1 and of Lot 2, North 10043'30" East 191.396 feet to the
Southerly line of a forty foot roadway easement; thence along said Southerly line South
65017' West 62.081 feet, and North 72056' 60.3 feet, thence leaving said Southerly line
South 14035'41' West 138.775 feet to the Northerly line of a fifty foot roadway
o
easement; thence along said Northerly line South 60 West 61.629 feet and South 760141
East 61.769 feet to the point of beginning.
h
PARCEL TWO:
BEGINNING at a point in the Southerly boundary line of the lands described in the
Deed from Grace M. McLean to San Rafael Land Title Company, dated February 13,
1946 and recorded February 15, 1946 in Book 495 of Official Records at pa a 393,
Marin County records; said point being at the intersection of the courses North 8522'30"
East 144.16 feet and South 85°11' East 289.39 feet; thence from said point of beginning
and leaving said Southerly boundary line, North 61°01'40" West 3,267.747 feet to a
point in the Northwesterly line of said propoerty so described in said Deed to San
Rafael Land Title Company; thence South 34 00' West along said Northwesterly line,
300 feet, more or less, to the most Westerly corner of the said property so described
in said Deed to San Rafael Land Title Company, said point being also the common
corner of the lands now or formerly of Forbes, Tamalpais Cemetary and Freitas,
(formerly Lucas); thence Southerly along the Westerly and Southwesterly line of said
Deed to San Rafael Land Title Company, the following courses and distances; South
25°00' East 794 feet and South 60045' East 924.79 feet; thence South 37°04' West
855.80 feet, South 55°56' East 66.30 feet, North 24°57' East 31.49 feet, North 65°44'
East 50 feet, North 49°44' East 150 feet, North 84°55' East 200 feet, North 44°54'
East 100 feet; South 62°07' East 94 feet, South 12°39' East 150 feet, South 30°12'
East 47 feet, South 55°24' East 50 feet, South 84°59' East 50 feet, North 54°23' East
50 feet, North 74°53' East 193 feet, South 23°42' East 200 feet, South 61059' East
50 feet, North 87°O1' East 48 feet, North 67°11' East 200 feet, North 84°28' East 59
feet, South 24°37' East 200 feet, South 45°29' East 50 feet, South 62°28' East 50 feet,
South 85°46' East 205.70 feet, North 4°06' East 128.30 feet, North 23°27' East 123.30
X
eet to the Westerly corner of the tract of land conveyed to Marin Title Guaranty
Company, by Deed recorded February 13, 1945 in Book 481 of Official Records at
page 129, Marin County Records; thence leaving said line and running North 34°47'
East 617.5 feet, more or less, to a point in the Southwesterly boundary of Parcel A,
as described in the Deed from Marin Title Guaranty Company, a corporation, et al,
to Herbert A. Crocker & Co., a corporation, recorded March 18, 1952 in Book 734 of
Official Records at page 318; thence North 34°30' West 38.811 feet to the Southeasterly
corner of the lot conveyed by Marin Title Guaranty Company, to Marin Municipal
Water District, by Deed recorded June 28, 1951 in Book 700 of Official Records at
page 89, Marin County Records; running thence along the Easterly line of said tract,
North 16°53' West 56.889 feet to the Northeasterly corner of said tract; thence North
71°46' East 13.866 feet, North 75°19'30" East 114.37 feet and North 85022'30" East
144.16 feet to the point of beginning.
EXCEPTING THEREFROM the lands described in the Deed from San Rafael Title
Company, to Marin Municipal Water District, recorded May 12, 1948 in Book 583 of
Official Records at page 300, and in the Deed from r.iarin Title Guaranty Company,
to Marin Municipal Water District, recorded June 28, 1951 in Book 700 of Official
Records at page 89, Marin County Records.
ALSO EXCEPTING THEREFROM the included portion of the land described in the
Deed from Marin Title Guaranty Company, et al, to Herbert A. Crocker & Co., recorded
March 18, 1952 in Book 734 of Official Records at page 318, Marin County Records.
CONTINUED
PARCEL TWO CONTINUED
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a corporation, to Warren C. Connason,
et ux, recorded Janury 14, 1957 in Book 1085 of Official Records at page 621, Marin
County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a California corporation, to Monty
Williams, et al, recorded August 13, 1957 in Book 1134 of Official Records at page
172, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a corporation to the Marin Municipal
Water District, recorded February 15, 1954 in Book 850 of Official Records at page
65, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a California corporation to Emil
Raymond Bettini, et ux, recorded May 24, 1956 in Book 1030 of Official Records at
page 350, Marin County Records.
ALSO EXCEPTING any included portions of the herein described property lying within
the boundaries of the following subdivisions:
A. Map of Rafael Highlands, Unit
One, San
Rafael,
California,
filed for record
�l
PARCEL TWO CONTINUED
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a corporation, to Warren C. Connason,
et ux, recorded Janury 14, 1957 in Book 1085 of Official Records at page 621, Marin
County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a California corporation, to Monty
Williams, et al, recorded August 13, 1957 in Book 1134 of Official Records at page
172, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a corporation to the Marin Municipal
Water District, recorded February 15, 1954 in Book 850 of Official Records at page
65, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described in the
Deed from Thorinson Construction Corporation, a California corporation to Emil
Raymond Bettini, et ux, recorded May 24, 1956 in Book 1030 of Official Records at
page 350, Marin County Records.
ALSO EXCEPTING any included portions of the herein described property lying within
the boundaries of the following subdivisions:
A. Map of Rafael Highlands, Unit
One, San
Rafael,
California,
filed for record
August 18, 1954 in Volume 8
of Maps
at page
19, Marin
County Records.
B. Map of Rafael Highlands, Unit
Two, San
Rafael,
California,
filed for record
January 20, 1956 in Volume 9
of Maps
at page
13, Marin
County Records.
C. Map of Newman Highlands, San Rafael, California, filed for record June 6, 1962
in Volume 11 of Maps at page
19, Marin
County Records.
ALSO EXCEPTING the lands described as Parcel Two in the Deed from Robert O.
Winkler, et ux, to William T. Brogan, et ux, recorded May 18, 1965 in Book 1941 of
Official Records at page 56, Marin County Records.
ALSO EXCEPTING the lands described in the Deed from Thorinson Construction
Corporation, to F. William Lohse, et ux, recorded February 19, 1958 in Book 1172 of
Official Records at page 451, Marin County Records.
ALSO EXCEPTING the lands described in the Deed from Thorinson Construction
Corporation, to Charles A. Terry, et ux, recorded December 30, 1958 in Book 1244 of
Official Records at page 612, Marin County Records.
SCHEDULE B
Order No. 59235 PW
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:
1. General and special County and City taxes for the fiscal year 1984-1985, alien
not yet payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 498, Statutes of 1983 of the State of California.
3. Easements for roadway and utility purposes over that portion of the herein
described property lying within the boundaries of the 40 foot roadway referred
to in that certain deed recorded April 18, 1913 in Book 151 of Deeds at page
160, Marin County Records.
4. An easement affecting the portions of said land and for the purposes hereinafter
stated, and incidental purposes as provided in the instrument
Recorded: September 19, 1950 in Book 665 of Official Records at page
34 Marin County Records
For: Roadway and utility purposes
Aff ects: Southeasterly portion
5. An easement affecting the portions of said land and for the purposes hereinafter
stated, and incidental purposes as provided in the instrument
Recorded: dune 20, 1969 in Book 2305 of Official Records at page 580
Marin County Records
For: Roadway and Public Utility purposes
Affects: Southerly portion
6. An easement affecting the portions of said land and for the purposes hereinafter
stated, and incidental purposes as provided in the instrument
Recorded: October 9, 1981 as Recorder's Serial No. 81-44883 Marin
County Records
For: Drainage purposes, 12 feet in width
Affects: Southerly portion
7. An easement affecting the portions of said land and for the purposes hereinafter
stated, and incidental purposes
In Favor of: Pacific Gas and Electric Company, a California corporation
For: Underground conduits, pipes wires, cables, electrical
conductors, gas pipelines, etc., 10 feet in width
Affects: Southeasterly portion of Parcel One
Recorded: November 232 1983 as Recorder's Serial No. 83-59002 Marin
County Records
8. Any facts, rights or interest which a correct survey of said property may disclose.
9. Compliance with the State Subdivision Map Act and local ordinances enacted
thereto.
TAX NOTE:
General and special County and City taxes for the fiscal year 1983-1984 have
been paid in full in the amount of $1,549.48.
Assessor's Parcel No. 10-011-18 be 10-041-42 Code Area 8-000
CHAIN OF TITLE:
Title of the vestees herein was acquired six months or more preceding the date
hereof.
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LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973
SCHEDULE B
This peiicy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the
foliowing-
Part I
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by me records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by an in-
spection of the land or by making inquiry of persons in pos-
session theeof.
3. Eosements, liens or encumbrances, or claims thereof, which
are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or excep-
tions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water.
b. Any righ!, title, interest, estate or easement in land beyond
the lines of the area specifical!y described or referred to In
Schedu:e A, or in abutting streets, roads, avenues, alleys, loves,
ways or wo`erwoys, but nothing in this paragraph sha!i modify or
limit the exent to which the ordinary right of an abutting owner for
access t;; c physically open street or highway is insured by this
Policy
7, Any low, ordinance or governmental regulation (includrrb
but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy. use or enjoyment of the
land. or regulating the character, dimensions, or location of any
Improvement now or hereafter erected on the land, or prohibiting
a separation in axnership or a reduction in the dimensions c.-
area
.area of the land, or the effect of any violation of any such kAw
ordinance or governmental regulation.
B. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears in the
public records.
9. Defects, liens. encumbrances, adverse claims, or othe-
matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and nc�
otherwise excluded from coverage but known to the insurer
claimant either of Date of Policy or at the date such claimar.'
acquired an estate or interest insured by this policy or acquirer--
the
cquirerthe insured mortgage and not disclosed in writing by the insurer
claimant to the Company prior to the date such insured claiman7
became an insured hereunder; (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 w,
have been sustained if the insured claimant had been a pu--
chaser or encumbrancer for value without knowledge.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I Any 'a,.,, ordnance or govemmento! regulotion (including but not limited to building and zoning ordinances) restricting or regulating o�
prc- a":rd the occupancy, use or enjoyment of the land, or regulating the character, d;. ?^sions or lavation of any improvement nowor
he•eo"ei erected on the land. or prohibiting c sepicratlon :n cwrers~iP or a reduc^cn in the d:-nens:ons of area of the land, or the effec`
o` c-, v c'c"on of any such law ordinance or governmenroi regu!a?ion.
2 P g` -'s c' em�nent domain or governrrentol rights of police power unless notice of the exercise of such rights appears in the public
reco:as at Date of Pol,cy.
3. Defects, liens. encumbrances, adverse Claims, or other matters (a) created, suffered, assumed or agreed to by the insured cloiman'
(b) nor kno`vn to the Company and not sha.vn by the public records but known to the insured claimant either at Date of Policy or at the
dc -e sucti claimant acquired on estate or interest by this po!icy and not d•sclosed in writing by the insured claimant to the Company pro -
to the da'e such insured cio'.mant became an insured hereunder• (c) resulting in no loss or damage to the insured claimant: (d) attacher –
or cryo'ed subsequent to Date of Policy: (e) resulting in loss or damage which would not ha.a been sustained if the insured claimant hag
po o value for the estate or interest insured by this policy.
(List of Printed Exceptions and Exclusions Continued on Reverse Side)
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED)
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979
EXCLUSIONS
In addit!on to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
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 material lien coverage in Item 8 of
Covered title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described 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.
SCHEDULE B - EXCEPTIONS
In add;t-on to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Part I
(a) Any rights. interests or claims of parties in possession of the land not shown by the public records.
(b) Any easements or liens not shown by the public records.
Tn[s exception does not limit the lien coverage in Item 8 of Covered Title Risks.
(c) Any fccts about the land which a correct survey would disclose and which are not shown by the public records
This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(d) Any -.voter rights, claims or title to water on or under the land.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH kL.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE' .
The fo c ti , matters are expressly ecciucl d from the ca:,eroge of th s po':cy:
mcny law, ordinance or governmental reg°±!ctlon (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or location of any
improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or
area of the land, or the effect of any violation of any such law, ordinance or gove-nmental regulation.
2 Rights of erninent domain or governmental rights of police power unless notice of the exe•cise of such rights appears in-ne
public records at Date of Policy.
3 Defects, liens, encumbrances. adverse claims, or other matters (a) created, siffered, assumed or agreed to by the insu•--d
c iairnant: (b) not known to the Company and not shown by the public records but known to the insured claimant either at Do'e of
Policy or at the date such claimant ocquired an estate or interest insured by this policy or acquired the insured mortgage 0!-,,d
no' disclosed in writing by the ins, -;:ed claimant to the Company prior to the date such insured cloimont became an ins . _d
heieunder: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Rii ry
(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is
cFford=.;d here"n as to assessment for street improvements under construction or completed at Date of Policy).
4 Unenforceability of the lien of the insured mortgoge because of failure of the insured at Date of Policy or of any subseql.aent
caner of the indebtedness to comply with applicab!e "doing business" laws of t`,e state in which the land is situated
R
ALL that certain real property situate in the City of San Rafael,
County of Marin, State of California, described below as follows:
PARCEL ONE:
BEGINNING at the most Northerly point of Lot 128, as shown upon the
"Map of Sun Valley, Unit Two," filed August 7, 1943 in Book 5 of
Maps at page 100, Marin County Records; running thence along the
Northerly line of said Subdivision South 87° 04' 20" East 209.367 feet,
South 60° 00' East 38,888 feet to the Northwesterly line of the
property described in Deed to Robert J. Straight, et ux, recorded
August 4, 1944 in Book 466 of Official Records, at page 290; thence
along the exterior boundary lines of said last mentioned property,
North 30° 00' East 150.0 feet, South 600 East 120.0 feet;
South 30° 00' West 50.0 feet to the Northeasterly line of the property
described in Deed to Harold Johnson, et ux, recorded August 12, 1944
in Book 473 of Official Records at page 33; thence along the
Northeasterly and Southeasterly line of said property
South 600 East 52 feet and South 30° West 100 feet to the Northerly
line of the Subdivision above referred to; thence along said last
named lineSouth 60° 00' East 307.859 feet to the Northwesterly line
of the property described in Deed to Roland H. Hellman, et ux,
recorded April 7, 1947 in Book 548 of Official Records at page 128;
thence along said last mentioned line and the Northwesterly line of
the property described in Deed to Oliver G. Bean, et ux, recorded
February 21, 1946 in Book 495 of Official Records at page 443,
North 18° East 110 feet to the most Northerly corner of said last
mentioned property; thence along the Northeasterly line thereof
South 76° 14' 15" East 68.904 feet to the Westerly line of the
property described in Deed from San Rafael Land Title Company, a
corporation, to City of San Rafael, a municipal corporation, recorded
August 26, 1947 in Book 562 of Official Records at page 82; thence
along said last mentioned line North 13° 45' 45" East 40 feet to the
most Northerly corner of said last mentioned property, thence
Northerly in a direct line to an angle point in a 40.0 foot road right
of way at the intersection of the two courses in said centerline,
"South 52° 54' West 106.6 feet and South 65° 17' West 73.0 feet;"
thence along said centerline, South 65° 17' West 73.00 feet;
North 72° 56' West 50.1 feet, North 30° 58' West 50.5 feet,
North 00° 23' East 146.1 feet, North 31° 24' West 58.8 feet,
North 6° 20' East 180.9 feet to a stake at the junction with another
40 foot road; thence along the centerline of said 40 feet road
North 62° 07' West 94.0 feet, South 44° 54' West 100.0 feet,
South 84° 55' West 200.0 feet; South 49° 44' West 150.0 feet,
South 650 41' West 50.0 feet; thence leaving said road centerline,
South 24° 57' West 341.6 feet to the point of beginning.
EXCEPTING THEREFROM the portion thereof described as follows:
BEGINNING at the most Southerly corner of the property described in
Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473
of Official Records at page 33; running thence along the Northerly
line of the property shown upon the "Map of Sun Valley,Unit Two,"
filed August 7, 1943 in Book 5 of Maps at page 100, Marin County
Records; South 60° 00' East 307.859 feet to the Northwesterly line of
the property described in Deed to Poland D. Hellman, et ux, recorded
April 7, 1947 in Book 548 of Official Records at page 128; thence
along said last mentioned line and the Northwesterly line of the
property described in Deed to Oliver G. Bean, et ux, recorded
February 21, 1946 in Book 495 of Official Records at page 443,
North 18° East 110 feet to the most Northerly corner of said last
mentioned property; thence North 60° West 226.78 feet and
North 38' 58' West 62.38 feet to a point which bears
North 30° East from the point of beginning; thence
South 30° West 130 feet to the point of beginning.
EXHIBIT "B"
Sheet 1 of 3
n
ALSO EXCEPTING THEREFROM that portion thereof described as follows:
BEGINNING at the Southerly corner of Lot 1, as shown upon the Map
entitled, "Map of Sun Valley Heights Unit One, San Rafael, Calif.,"
filed for record March 5, 1954 in Book 8 of Maps at page 2, Marin
County Records, and running thence along the Westerly lines of said
Lot 1 and of Lot 2, North 10° 43' 30" East 191.396 feet to the
Southerly line of a forty foot roadway easement; thence along said
Southerly line South 65° 17' West 72,081 feet, and
North 72° 56' West 60.3 feet, thence leaving said Southerly line
South 14° 35' 41" West 138.775 feet to the Northerly line of a fifty
foot -roadway easement; thence along said Northerly line
South 60° West 61.629 feet and South 76° 14' East 61.769 feet to the
point of beginning.
PARCEL TWO:
BEGINNING at a point in the Southerly boundary line of the lands
described in the Deed from Grace M. McLean to San Rafael Land Title
Company, dated February 13, 1946 and recorded February 15, 1946 in
Book 495 of Official Records at page 393, Marin County records; said
point being at the intersection of the courses
North 85° 22' 30" East 144.16 feet and
South 85° 11' East 289.39 feet; thence from said point of beginning
and leaving said Southerly boundary line
North 61° 01' 40" West 3,267.747 feet to a point in the Northwesterly
line of said property so described in said Deed to San Rafael Land
Title Company; thence South 34° 00' West along said Northwesterly line,
300 feet, more or less, to the most Westerly corner of the said
property so described in said Deed to San Rafael Land Title Company,
said point being also the common corner of the lands now or formerly
of Forbes, Tamalpais Cemetery and Freitas, (formerly Lucas); thence
Southerly along the Westerly and Southwesterly line of said Deed to
San Rafael Land Title Company, the following courses and distances;
South 25° 00' East 794 feet and South 60° 45' East 924.79 feet; thence
South 37° 04' West 855.80 feet, South 55° 56' East 66.30 feet,
North 24° 57' East 31.49 feet, North 65° 44' East 50 feet,
North 49° 44' East 150 feet, North 84° 55' East 200 feet,
North 44* 54' East 100 feet, South 62° 07' East 94 feet,
South 12° 39' East 150 feet, South 30° 12' East 47 feet,
South 55° 24' East 50 feet, South 84° 59' East 50 feet,
North 54° 23' East 50 feet, North 74° 53' East 193 feet,
South 23° 42' East 200 feet, South 61° 59' East 50 feet,
North 87° 01' East 48 feet, North 67° 11' East 200 feet,
North 84° 28' East 59 feet, South 24° 37' East 200 feet,
South 450 29' East 50 feet, South 62° 28' East 50 feet,
South 85° 46' East 205.70 feet, North 4° 06' East 128.30 feet,
North 23° 27' East 123.30 feet to the Westerly corner of the tract of
land conveyed to Marin Title Guaranty Company, by Deed recorded
February 13, 1945 in Book 481 of Official Records at page 129, Marin
County Records; thence leaving said line and running
North 34° 47' East 617.5 feet, more or less, to a point in the
Southwesterly boundary of Parcel A, as described in the Deed from
Marin Title Guaranty Company, a corporation, et al, to Herbert A.
Crocker & Co., a corporation, recorded March 18, 1952 in Book 734 of
Official Records at page 318; thence North 34° 30' West 38.811 feet
to the Southeasterly corner of the lot conveyed by Marin Title
Guaranty Company, to Marin Municipal Water District, by deed recorded
June 28, 1951 in Book 700 of Official Records at page 89, Marin County
Records; running thence along the Easterly line of said tract,
North 16° 53' West 56.889 feet to the Northeasterly corner of said
tract; thence North 71° 46' East 13.866 feet,
North 75° 19' 30" East 114.37 feet and
North 85° 22' 30" East 144.16 feet to the point of beginning.
EXHIBIT "B"
Sheet 2 of 3
ig
EXCEPTING THEREFROM the lands described in the Deed from San Rafael
Title Company, to Marin Municipal Water District, recorded May 12,
1948 in Book 583 of Official Records at page 300, and in the Deed
from Marin Title Guaranty Company, to Marin Municipal Water
District, recorded June 28, 1951 in Book 700 of Official Records at
page 89, Marin County Records;
ALSO EXCEPTING THEREFROM the included portion of the land described
in the Deed from Marin Title Guaranty Company, et al, to Herbert A.
Crocker & Co., recorded March 18, 1952 in Book 734 of Official
Records at page 318, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described
in the Deed from Thorinson Construction Corporation, a corporation,
to Warren C. Connason, et ux, recorded January 14, 1957 in Book 1085
of Official Records at page 621, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described
in the Deed from Thorinson Construction Corporation, a California
corporation, to Monty Williams, et al, recorded August 13, 1957 in
Book 1134 of Official Records at page 172, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described
in the Deed from Thorinson Construction Corporation, a corporation to
the Marin Municipal Water District, recorded February 15, 1954 in
Book 850 of Official Records at page 65, Marin County Records.
ALSO EXCEPTING THEREFROM the included portions of the lands described
in the deed from Thorinson Construction Corporation, a California
corporation to Emil Raymond Bettini, et ux, recorded May 24, 1956 in
Book 1030 of Official Records at page 350, Marin County Records,
ALSO EXCEPTING any included portions of the herein described property
lying within the boundaries of the following subdivisions:
A. Map of Rafael Highlands, Unit
for record August 18, 1954 in
County Records,
B. Map of Rafael Highlands, Unit
for record January 20, 1956 in
County Records.
One, San Rafael, California, filed
Volume 8 of Maps at page 19, Marin
Two, San Rafael, California, filed
Volume 9 of Maps at page 13, Marin
C. Map of Newman Highlands, San Rafael, California, filed for record
June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records.
ALSO EXCEPTING the lands described as Parcel Two in the Deed from
Robert 0. Winkler, et ux, to William T. Brogan, et ux, recorded May
18, 1965 in Book 1941 of Official Records at page 56, Marin County
Records.
ALSO EXCEPTING the lands described in the Deed from Thorinson
Construction Corporation, to F. William Lohse, et ux, recorded
February 19, 1958 in Book 1172 of Official Records at page 451, Marino
County Records.
ALSO EXCEPTING the lands described in the Deed from Thorinson
Construction Corporation, to Charles A. Terry, et ux, recorded
December 30, 1958 in Book 1244 of Official Records at page 612,
Marin County Records.
ALSO EXCEPTING the lands described in the Deed from Thorinson
Construction Company, to Marin Municipal Water District, recorded
April 16, 1956 in Book 1021 of Official Records at page 23, Marin
County Records,
EXHIBIT "B"
Sheet 3 of 3
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