~DG==·~t.=d!:I'-clkrep.lacity.org/onlinedocs/2013/13-0597_misc_04-08-14.pdf · ORDINANCE NO.'· 182674 An Ordinance authorizing the quitclaim of an easement for storm sewer purposes

Recording Requested By:

City of Los Angeles

When recorded mail To:

Meta Housing/Attn: Chris Maffris1640 S. Sepulveda Blvd., #425Los Angeles, CA 900;25

,.-- c-: SPACE ABOVETIlIS LINE IS FOR RECORDERS USE. _

Doc. Transfer Tax $ 0.00This is a conveyance of an easement and the consideration and value is less than $100.00, R & T 11911.Department of Public Works, Bureau of Engineering

QUITCLAIM OF EASEMENT DEEDR!W No. 36000-1955APN: 7451-018-022

For a valuable consideration tbe receipt of which is hereby acknowledged, The CITY OF LOS ANGELES, amunicipal corporation, does hereby remise, release and forever quitclaim to:

Meta Housing Corporation, A California Corporation, its successors and assigns

That certain easement in the City of Los Angeles, County of Los Angeles, State of California, more particularly

described as:

That certain easement for Storm Sewer purposes, 20 feet wide, lying within Lot 1, Tract No. 5984, as permap recorded in Book 55 Page 73, of Maps, in the office of the County Recorder of Los Angeles County, asdescribed in deed recorded in Book 5483, page 210 of Deeds, in the office of said County Recorder, moreparticularly described in attached "Easement Description" and "Easement Plat".

This deed is made in accordance witb provisions of Ordinance No. 182674 ofthe City of LosAngeles.

IN WITNESS WHEREOF, City of Los Angeles, Municipal Corporation, by its City Council, has caused thisQuitclaim Deed to be executed on its behalf, by its Mayor, and its corporate seal to be thereto affixed by its CityClerk, rlfhThis (j' lday Of$rr~I ,20 1 'f

THE CITY OF LOS ANGELES

Attest /I By: _~DG==·~t.=d!:I""'- ' Mayor

---l-----''--'lf--''<-----, City Clerk

EASEMENT DESCRIPTION

ALL THAT PORTION OF LAND CONVEYED FOR STORM SEWER EASEMENT PURPOSES DESCRIBED IN BOOK5483, PAGE 210 OF OFFICIAL RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, MOREPARTICULARLY DESCRIBED AS FOLLOWS.

BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT 25, BLOCK 4, ARCADIA PARK TRACT, AS PERMAP RECORDED IN BOOK 3, OF MAPS, AT PAGE 83 THEREOF, RECORDS OF LOS ANGELES COUNTY, SAID

POINT BEING DISTANT THREE AND FORTY-SEVEN HUNDREDTHS (3.47) FEET SOUTH FROM THENORTHEASTERLY CORNER OF SAID LOT 25; THENCE S 54'25' W (ERROR BEARING - S 35'35'W PER SAIDDOCUMENT) THIRTY SIX AND EIGHTY-NINE HUNDREDTHS (36.89) FEET TO A POINT; THENCE SOUTHPARALLEL WITH SAID EASTERLY LINE OF LOT 25 A DISTANCE OF TWENTY AND SIX HUNDREDTHS (20.06)

FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 25; THENCE EAST ALONG SAID SOUTHERLY LINEOF LOT 25 A DISTANCE OF SIX AND THIRTY-FOUR HUNDREDTHS (6.34) FEET TO A POINT; THENCENS4'25'E (ERROR BEARING - N 35'35'E PER SAID DOCUMENT) TWENTY NINE AND NINE HUNDREDTHS(29.09) FEETTO A POINT IN SAID EASTERLY LINE OF LOT 2S; THENCE NORTH ALONG SAID EASTERLY LINE

OF LOT 25 A DISTANCE OF TWENTY FOUR AND SIX TENTHS (24.60) FEET TO THE POINT OF BEGINNING.

REFER TO EXHIBIT TITLED "EASEMENT PLAT" ATIACHED HERETO AND MADE APART HEREOF.

~rv-. \-.LLBrandon M. Hahn

Hahn and Associates, Inc.

e ("Zoll,)Date

EASEMENT PLAT

1" "" 20'

DATE,8/20/2013

~~RTHEAST CORNER/ LOT 25

----__ ~WE~ST~ ~~-------

3rd

100.00N90' 00' OO"w

LOT 25BLOCK 4

ARCADIA PARK TRACTMB3PG83

Street

N90' 00' OO"E

~N90' 00' OO"E6.34

100.00 . . /

SOUTHERLY LINE OF LOT 25.-/

Description & Plat Prepared By:Hahn and Associates, Inc.26074 Avenue Hall, Suite 2Santa Clarita, CA 91355(661) 775·9500

H;\HNAND ASSOCIATES, INC.

The City of Los Angeles

TO

Meta Housing Corporation, A CaliforniaCorporation

QUITCLAIM DEED

Executed in Accordance with

Ordinance No. 182674

Division: .

Platted: C.M.~~~~=~~~

By: C.M.~.~~~~~~~

STATE OF CALIFORNIA 1 SSCOUNTY OF LOS ANGELES 1

On Nl4rc-~ 2-7(2<> 1'(-

JOB TITLE: Pacific Ave. Southerly of 3'· St, - Quitclaim

of Storm Sewer Easement

Approved as to Authority ¥.::. .C 20/~

B

By: ..

LEGAL DESCRIPTIONPrepared by: Hahn and Associates, Inc.

By: Brandon M. Hahn

License No. 7582

I verify that the attached plat depicts the alignment and orconfiguration requested for this project

.....................................................'7: :?:5. 20JLBUREAUOFENG~EruNG

By: D.J. (~ ..Approved ~ . .-.. ~ ,20 It

Michael ity Attorney

COUNCIL FILE NO. 13-0597

lY\«"<ly Mer ....fe...sbefore me, -', a notary public

personally appeared, 'f'r i c. G"lC c. e.ff. / M" Y",who proved to me on the basis of satisfactory evidence to be the personfsfwhose name(s1is/are subscribed tothe within instrument and acknowledged to me that he/,sIre/t~y executed the same in his/):l<!r/theirauthorizedcapacityties), and that by his/her/their signaturefe) on the instrument the personts), or the entity upon behalfof which the persomsracted, executed the instrument.

I certify under PENALTY OF PERJ1JRY under the laws of the State of California that the foregoingParagraph is true and correct.

WITNESS my hand and official seaL MANDY MPRALESCommission II 1946683Notary Public· California ~

Los Angeles County -. E J4S!!G.tS

CITY OF LOS ANGELESCALIFORNIA Office of the

CITY CLERKHOllY L. WOLCOTTInterim City Clerk

Council and Public ServicesRoom 395, City Hall

Los Ange!es, CA 90012General Information - (213) 978-1133

Fax: (213) 978-1040

When making inquiries relative tothis matter, please refer to the

Council file No. 13·0597 ERIC GARCETTIMAYOR

SHANNON HOPPESCouncil and

Public Services Division

www.cttvcterk.laclty.orq

March 18, 2014

The Honorable Eric Garcetti, MayorRoom 303, City Hall

QUITCLAIM DEEDS - Quitclaim of Storm Sewer Easement for Pacific Avenue southerly of ThirdStreet (Right of Way No. 36000-1955).

Dear Mayor Garcetti:

The attached Quitclaim Deed of Storm Sewer Easement for Pacific Avenue southerly of Third Street(Right of Way No. 36000-1955) is transmitted in duplicate for execution.

Authorizing Ordinance No. 182674 for this Quitclaim Deed was adopted by Council at its meeting heldJuly 31, 2013. Please return these items at your earliest convenience after execution, to the PublicWorks and Gang Reduction Committee, in care of the Office of the City Clerk, Room 395, City Hall.

Attachments

#130597 _letter_quitclaim deed

An Equal Employment Opportunity - Affirmative Action Employer

City of Los AngelesInter-Departmental Correspondence

3110/2014

To: Council Public ServicesPublic Works ClerkCIO Michael EspinosaCity ClerkCity HallMail Stop 160

From: David CastilloTitle ExaminerBureau of Engineering

Subject: RIW # 36000-1955C.F. # 13-0597

Pacific Ave. Southerly of3,d St. - Quitclaim ofStonnSewer Easement

Transmitted berewith in duplicate is a "Quitclaim Deed" issued in accordance with OrdinanceNo. 182674from the City of Los Angeles to respective record owner.

Please have the original of this Deed executed by the Mayor for the City of Los Angeles, after being attested to byyou, bearing your certification of execution of the original. The duplicate copy is to be retained by you for your files.

After being signed, please return to:Bureau of EngineeringReal Estate DivisionPUBLIC WORKS BUILDING1149 S Broadway Suite 610Los Angeles, CA 9001SMail Stop SISAttn: David Castillo

Should you have any questions please call David Castillo @ 213 485-5770

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EXHIBIT "A"

DEPARTMENT OF PUBLIC WORKSGARY LEE MOORE, P.E.

CITY ENGINEER

ORDINANCE NO.'· 182674An Ordinance authorizing the quitclaim of an

easement for storm sewer purposes lying on Pacific Avenuesoutherly of 3rd Street.THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. The Council of the City of Los Angeleshereby finds and determines that certain easement for stormsewer purposes hereinafter described, lying on PacificAvenue southerly of 3m Street is no longer required for theUse of the City, and that the public interest, convenienceand necessity require, and said Council orders, theconveyance by quitclaim deed of all the City's right, titleand interest in and to said storm sewer easement withoutnotice of sale or advertisement for bids, to the person orpersons who own the real property at the time of executionof the deed, in severalty, and upon the same tenure astheir respective interests appear of record in the officeof the County Recorder of Los Angeles County.

Sec; 2. The aforesaid storm sewer easement is locatedin the City of Los Angeles, County of Los Angeles, state ofCalifornia, and is more particularly described as follows:

That certain easement for storm sewer purposes, 20feet wide, lying within Lot 1, Tract No. 5984, as per maprecorded in Book 55, Page 73, of Maps, in the Office of theCounty Recorder of Los Angeles County; described in deedrecorded in Book 5483, page 210, of Deeds, in the Office ofsaid County Recorder.

Sec. 3. The following is authorized and directed:(a) The Mayor of said City shall execute deeds induplicate on behalf of said City, foreverquitclaiming said easement above-described to theperson or persons who own the real property atthe time of execution of the deed;

(b) The City Clerk shall attest to and affix theCity Seal to said quitclaim deeds; and

(c) The Real Estate Group of the Bure",u ofEngineering shall record and deliver saidquitclaim deeds to the grantees named therein.

";: .,...

Mayor

Sec. 4 . The City Clerk shall certify to the passage of this ordinanceand have it published in accordance with Council policy, either in a daily newspapercirculated in the City of los Angeles or by posting for ten days in three public places inthe City of Los Angeles: one copy on the bulletin board located at the Main Streetentrance to the los Angeles City Hall; one copy on the bulletin board located at theMain Street entrance to the los Angeles City Hall East; and one copy on the bulletinboard located at the Temple Street entrance to the los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of LosAngeles, at its meeting of ;JUI. 3 I, 2GU .

JUNE LAGMA Y, City Clerk

,~ 09 2013Approved ~_

I •II

Approved at to Form and Legality

CARMEN A. TRUTANICH, City Attorney

By d~ tviA/IL;K

Date: 'iJt~ ',I !)£J I S

, File No. 13- 05q '1

........ " '... ".

DECLARATION OF POSTING ORDINANCE

I, MARIA VIZCARRA, state as follows: I am, and was at all times hereinafter mentioned, a

resident of the State of California, over the age of eighteen years, and a Deputy City Clerk of the City

of Los Angeles, California.

Ordinance No. 182674 - Authorizing the quitclaim of an easement for storm sewer purposes

lying on Pacific Avenue southerly of 3fd Street - a copy of which is hereto attached, was finally

adopted by the Los Angeles City Council on July 31, 2013, and under the direction of said City

Council and the City Clerk, pursuant to Section 251 of the Charter of the City of Los Angeles and

Ordinance No. 172959, on August 13, 2013 I posted a true copy of said ordinance at each of the

three public places located in the City of Los Angeles, California, as follows: 1) one copy on the

bulletin board located at the Main Street entrance to the Los Angeles City Hall; 2) one copy on the

bulletin board located at the Main Street entrance to the Los Angeles City Hall East; 3) one copy on

the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

Copies of said ordinance were posted conspicuously beginning on August 13, 2013 and will

be continuously posted for ten or more days .:

I declare under penalty of perjury that the foregoing is true and correct.

Signed this 13th day of August, 2013 at Los Angeles, California.

Ordinance Effective Date: September 22, 2013Rev. (2121106)

Council File No. 13·0597

Form No. 1402.06ALTA Owner's Policy (6-17-06)1l00302P050600

OWNER'S POLICY OF TITLE INSURANCEISSUED BY

First American Title Insurance CompanyAny notice of claim and any other notice or statement in writing required to be given to the Company under this policy must begiven to the Company at the address shown in Section 18 of the Conditions.

COVERED RISKSSUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS police power not covered by Covered Risk 5 if a notice of theFROM COVERAGE CONTAINED IN SCHEDULE B AND THE enforcement action, describing any part of the Land, Is recordedCONOmONS, FIRST' AMERICAN mLE INSURANCE COMPANY, a in the Public Records, but only to the extent of the enforcementcalifornia corporation (the "Company") insures, as of Date of Polley referred to In that notice.and, to the extent stated In Covered Risks 9 and 10, after Date of 7, The exercise of the rights of eminent domain if a notice of thePolicy, against loss or damage, not exceeding the Amount of exercise, describing any part of the Land, is recorded in theInsurance, sustained or incurred by the Insured by reason of: Public Records,1. Title being vested other than as stated in Schedule A, 8. Any taking by a governmental body that has occurred and is2. Any defect in or lien or encumbrance on the Title. This Covered binding on the rights of a purchaser for value without Knowledge.

Risk includes but is not limited to insurance against loss from 9. Title being vested other than as stated in Schedule A or being(a) A defect in the Title caused by defective

(I) forgery, fraud, undue influence, duress, incompetency, (a) as a result of the avoidance in whole or in part, or from aincapacity, or Impersonation; court order providing an alternative remedy, of a transfer of

(ii) failure of any person or Entity to have authorized a all or any part of the title to or any interest in the Landtransfer or conveyance; occurring prior to the transaction vesting Title as shown in

(Hi) a document affecting Title not properly created, Schedule A because that prior transfer constituted aexecuted, witnessed, sealed, acknowledged, notarized, or fraudulent or preferential transfer under federal bankruptcy,delivered; state insolvency, or similar creditors' rights laws; or

(IV) failure to perform those acts necessary to create a (b) because the instrument of transfer vesting Title as shown indocument by electronic means authorized by law; Schedule A constitutes a preferential transfer under federal

(v) a document executed under a falsified, explred, or bankruptcy, state insolvency, or similar creditors' rights lawsotherwise invaUdpower of attomey; by reason of the failure of Its recording in the Public Records

(vi) a document not properly filed, recorded, or indexed in (I) to be timely, orthe Public Records including failure to perform those acts (if) to Impart notice of its existence to a purchaser for valueby electronic means authorized by law; or or to a judgment or lien creditor.

(vii) a defective judicial or administrative proceeding. 10. Any defect in or lien or encumbrance on the Title or other matter(b) The lien of real estate taxes or assessments imposed on the included in Covered Risks 1 through 9 that has been created or

Title by a govemmental authority due or payable, but unpaid. attached or has been filed or recorded in the Public Records(c) Any encroachment, encumbrance, violation, variation, or subsequent to Date of Policy and prior to the recording of the

adverse circumstance affecting the Title that would be deed or other instrument of transfer in the Public Records thatdisclosed by an accurate and complete land survey of the vests Title as shown in Schedule A.Land. The term "encroachment" includes encroachments ofexisting Improvements located on the Land onto adjoiningland, and encroachments onto the Land of existingimprovements located on adjoining land.

Unmarketable TItle.No right of access to and from the land.The violation or enforcement of any law, ordinance, permit, orgovernmental regulation (including those relating to building and ev

zoning) restricting, regulating, prohibiting, or relating to(a) the occupancy, use, or enjoyment of the Land;(b) the character, dlmenslcns, or location of any Improvement

erected on the Land;(c) the subdivision of land; or(d) environmental protectionIf a notice, describing any part of the Land, is recorded in thePublic Records setting forth the violation or Intention to

enforce, but only to the extent of the Violation or enforcementreferred to in that notice.

An enforcement action based on the exercise of a governmental

The Company will also pay the costs, attorneys' fees, and expenses 'Incurred in defense of any matter insured against by this policy, butonly to the extent provided in the Conditions.

First American Title Insurance Company

pr-/dL,n= ~~ .oo~_

Form No. 1402.06ALTA Owner's Policy (6-17-06)

EXCLUSIONSFROM COVERAGEThe following matters are expressly excluded from the coverage of this policy, andthe Company wlf! not pay loss or damage, costs, attorneys' fees, or expenses thatarise by reason of:1. (a) Any law, ordinance, permit, or governmental regulation (including those

relating to building and zoning) restricting, regulating, prohibiting, orrelating to(i) the occupancy, use, or enjoyment of the Landi(ii) the character, dimensions, or location of any improvement erected on

the Landi(JII) the subdivision of land; or(iv) environmental protection;

or the effect of any violation of these laws, ordinances, or governmentalregulations. This Exclusion l(a) does not modify or limit the coverage providedunder Covered Risk S.(b) Any governmental pollee power, This Exclusion l(b) does not modify or

limit the coverage provided under Covered Risk 6.2, Rights of eminent domain. This Exclusion does not modify or limit the

coverage provided under Covered Risk 7 or 8,3, 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 tothe Company by the Insured Claimant prior to the date the InsuredClaimant 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 (however, this does not

modify or limit the coverage provided under Covered Risks 9 and 10); or(e) resulting in loss or damage that would not have been sustained If the

Insured Claimant had paid value for the Title,4. Any claim, by reason of the operation of federal bankruptcy, state insolvency,

or Similar creditors' rights laws, that the transaction vesting the Title as shownin Schedule A, is(a) a fraudulent conveyance or fraudulent transfer; or(b) a preferential transfer for any reason not stated in Covered Risk 9 of this

policy.S. Any lien on the Title for rea! estate taxes or assessments imposed by

governmental authority and created or attaching between Date of Pcltcv andthe date of recording of the deed or other instrument of transfer in the PublicRecords that vests Title as shown in Schedule A,

CONDmONS1. DEFINmON OFTERMSThe following terms when used in this policy mean:

(a) "Amount of Insurance": The amount stated !n Schedule A, as may beincreased or decreased by endorsement to this policy, increased bySection 8{b), or decreased by Sections 10 and 11 of these Conditions.

(b) "Date of Policy": The date deslqnated as "Date of Policy" in Schedule A,(c) "Entity": A corporation, partnership, trust, limited liability company, or

other similar legal entity.(d) "Insured": The Insured named in Schedule A.

(0 The term "Insured" also includes(A) successors to the Title of the Insured by operation of law as

distinguished from purchase, induding heirs, devisees, survivors,personal representatives, or next of kin;

(B) successors to an Insured by dissolution, merger, consolidation,distribution, or reorganization;

(C) successors to an Insured by its conversion to another kind ofEntity;

(D) a grantee, of an Insured under a deed delivered withoutpayment of actual valuable consideration conveying the Title(1) If the stock, shares, memberships, or other equity Interests

of the grantee are wholly-owned by the named Insured,(2) if the grantee wholly owns the named Insured,(3) If the grantee is wholly-owned by an affiliated Entity of the

named Insured, provided the affiliated Entity and thenamed Insured are both wholly-owned by the same personor Entity, or

(4) if the grantee is a trustee or benencarv of a trust createdby a written instrument established by the Insured namedIn Schedule A for estate planning purposes.

Policy Page 2Policy Number: 369365

(Ii) With regard to (A), (B), (C), and (D) reserving, however, aU rightsand defenses as to any successor that the Company would have hadagainst any predecessor Insured.

(e) "Insured Claimant": An Insured claiming loss or damage,(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge

or notice that may be Imputed to an Insured by reason of the PublicRecords or any other records that impart constructive notice of mattersaffecting the Title.

(g) "Land": The land described in Schedule A, and afflXed improvements thatby law constitute rear property. The term "Land" does not include anyproperty beyond the lines of the area descrlbed in Schedule A/ nor anyright, title, interest, estate, or easement in abutting streets, roads,avenues/ alleys, lanes, ways, or waterways, but this does not modify orlimit the extent that a right of access to and from the Land is insured bythis policy,

(h) "Mortgage": Mortgage, deed of trust, trust deed, or other securityinstrument, Including one evidenced by electronic means authorized bylaw.

(i) "Public Records": Records established under state statutes at Date ofPolicy for the purpose of imparting constructive notice of matters relatingto real property to purchasers for value and without Knowledge. Withrespect to Covered Risk Sed), "Public Records" shall also includeenvironmental protectlon liens filed in the records of the clerk of theUnited States District Court for the district where the Land is located,

G) "Title": The estate or interest described in Schedule A,(k) "Unmarketable Title": TItle affected by an alleged or apparent matter that

would permit a prospective purchaser or lessee of the Title or lender onthe TItle to be released from the oteceucn to purchase, lease, or lend ifthere is a contractual condition requiring the delivery of marketable title,

2. CONTINUATION OF INSURANCEThe coverage of thIs policy shall continue in force as of Date of Policy in favor

of an Insured, but only so long as tile Insured retains an estate or interest in theLand, or holds an obligation secured by a purchase money Mortgage given by apurchaser from the Insured, or only so long as the Insured shall have liability byreason of warranties in any transfer or conveyance of the Title. This policy shall notcontinue in force in favor of any purchaser from the Insured of either (1) an estateor Interest in the Land, or (ii) an obligation secured by a purchase money Mortgagegiven to the Insured.

3. NOTICE OF CLAIM TO BE GIVEN BY INSURED ClAIMANTThe Insured shall notify the Company promptly in writlng (I) in case of any

litigation as set forth in Section 5(a) of these Conditions, Oi) in case Knowledgeshall come to an Insured hereunder of any claim of title or interest that is adverseto the Title, as insured, and that might cause loss or damage for which theCompany may be liable by virtue of this policy, or (iii) if the Title, as insured, isrejected as Unmarketable Title. If the Company is prejudIced by the failure of theInsured Claimant to provide prompt notice, the Company's liability to the InsuredClaimant under the policy shall be reduced to the extent of the prejudice.

4. PROOF OF LOSSIn the event the Company is unable to determine the amount of toss or

damage, the Company may, at its option, require as a condition of payment thatthe Insured Claimant furnish a signed proof of loss. The proof of loss must describethe defect, lien, encumbrance, or other matter insured against by this policy thatconstitutes the basis of loss or damage and shall state, to the extent possible, thebasis of calculating the amount of the loss or damage,

5. DEFENSEAND PROSECUTIONOFACTIONS(a) Upon written request by the Insured, and subject to the options contained

in Section 7 of these Conditions, the Company, at its own cost and withoutunreasonable delay, shall provide for the defense of an Insured inlitigation in which any third party asserts a claim covered by this policyadverse to the Insured. This obfigation is limited to only those statedcauses of action alleging matters insured against by this policy, TheCompany shall have the right to select counsel of its choice (subject to theright of the Insured to object for reasonable cause) to represent theInsured as to those stated causes of action. It shall not be liable for andwlll not pay the fees of any other counsel. The Company will not pay anyfees, costs, or expenses incurred by the Insured in the defense of thosecauses of action that allege matters not insured against by this policy.

(b) The Company shall have the right, in addition to the options contained in


Form No. 1402.06ALTA Owner's Policy (6~17-06)

Section 7 of these Conditions, at its own cost, to institute and prosecuteany action or proceeding or to do any other act that in its opinion may benecessary or desirable to establish the Title, as insured, or to prevent orreduce loss or damage to the Insured. The Company may take anyappropriate action under the terms of this policy, whether or not It shallbe liable to the Insured. The exercise of these rights shall not be anadmission of liability or waiver of any provision of this policy. If theCompany exercises its rights under this subsection, It must do sodiligently.

(c) Whenever the Company brings an action or asserts a defense as requiredor permitted by this policy, the Company may pursue the litigation to afinal determination by a court of competent jurisdiction, and it expresslyreserves the right, in its sole discretion, to appeal any adverse judgmentor order.

6. DUTY OF INSURED CLAIMANT TO COOPERATE(a) In all cases where this policy permits or requires the- Company to

prosecute or provide for the defense of any action or proceeding and anyappeals, the Insured shall secure to the Company the right to soprosecute or provide defense in the action or proceeding, including theright to use, at its option, the name of the Insured for this purpose.Whenever requested by the company, the Insured, at the Company'sexpense, shall give the Company aU reasonable aid (i) in securingevidence, obtaining witnesses, prosecuting or defending the action orproceeding, or effecting settlement, and (ii) in any other lawful act that inthe opinion of the Company may be necessary or desirable to establishthe Title or any other matter as insured. If the Company is prejudiced bythe failure of the Insured to furnish the required cooperation, theCompany's obligations to the Insured under the poUcy shall terminate,including any liability or obligation to defend, prosecute, or continue anylitigation, with regard to the matter or matters requiring suchcooperation.

(b) The Company may reasonably require the Insured Claimant to submit toexamination under oath by any authorized representative of the Companyand to produce for examination, inspection, and copying, at suchreasonable times and places as may be designated by the authorizedrepresentative of the Company, all records, in whatever mediummaintained, including books, ledgers, checks, memoranda,correspondence, reports, e-malls, daks, tapes, and videos whetherbearing a date before or after Date of Policy, that reasonably pertain tothe loss or damage. Further, if requested by any authorizedrepresentative of the Company, the Insured Claimant shall grant itspermission, in writing, for anyeuttrorlzed representative of the Companyto examine, inspect, and copy all of these records in the custody orcontrol of a thlrd party that reasonably pertain to the loss or damage. AUInformation deslqnated as confidential by the Insured Claimant providedto the Company pursuant to this Section shall not be disclosed to othersunless, in the reasonable judgment of the Company, it is necessary in theadministration of the dalm. Failure of the Insured Claimant to submit forexamination under oath, produce any reasonably requested information,or grant permission to secure reasonably necessary information from thirdparties as required in this subsection, unless prohibited by law orgovernmental regulation, shall terminate any liability of the Companyunder this policy as to that claim.

7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATIONOF LIABILITYIn case of a claim under this policy, the Company shall have the followingadditional options:(a) To Pay or Tender Payment of the Amount of Insurance.

To payor tender payment of the Amount of Insurance under this policytogether with any costs, attorneys' fees, and expenses incurred by theInsured Claimant that were authorized by the Company up to the time ofpayment or tender of payment and that the Company is obligated to pay.Upon the exercise by the Company of this option, an liability andobligations of the Company to the Insured under this policy, other than tomake the payment required in this subsection, shall terminate, includingany lIabHity or obligation to defend, prosecute, or continue any litigation.

(b) To Payor Otherwise Settle With Parties Other Than the Insured or Withthe Insured Claimant.(i) To payor otherwise settle with other parties for or In the name of an

Insured Claimant any claim insured against under this policy. Inaddition, the Company wlll pay any costs, attorneys' fees, andexpenses incurred by the Insured Claimant that were authorized bythe Company up to the time of payment and that the Company isobligated to pay; or

(ll) To payor otherwise settle with the Insured Claimant the loss ordamage provided for under this ooncv, together with any costs,


attorneys' fees, and expenses incurred by the Insured Claimant that wereauthorized by the Company up to the time of payment and that theCompany is obligated to pay.

Upon the exercise by the Company of either of the options provided for insubsections (b){i) or (ii), the Company's obligations to the Insured under thispolicy for the claimed loss or damage, other than the payments required to bemade, shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation.

8. DETERMINATION AND EXTENT OF UABILITYThis policy is a contract of indemnity against actual monetary loss or damage

sustained or incurred by the Insured Claimant who has suffered loss or damage byreason of matters insured against by this policy.

(a) The extent of fiabllity of the Company for loss or damage under this polleyshall not exceed the lesser of(i) the Amount of Insurance; or(ll) the difference between the value of the Tltle as insured and the value

of the Title subject to the risk insured against by this policy.(b) If the Company pursues its rights under Section 5 of these Conditions and

is unsuccessful in establishing the Title, as insured,(i) the Amount of Insurance shall be increased by 10%, and(li) the Insured Claimant shall have the right to have the loss or damage

determined either as of the date the claim was made by the InsuredClaimant or as of the date it Is settled and paid.

(c) In addition to the extent of liability under (a) and (b), the Company willalso pay those costs, attorneys' fees, and expenses incurred in accordancewith Sections 5 and 7 of these Conditions.

9. UMITATION 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 theLand, or cures the claim of Unmarketable Title, all as insured, in areasonably diligent manner by any method, including litigation and thecompletion of any appeals, it shall have fully performed its obligationswith respect to that matter and shall not be liable for any loss or damagecaused to the Insured.

(b) In the event of any litigation, including litigation by the Company or withthe Company's consent, the Company shall have no liability for loss ordamage until there has been a final determination by a court ofcompetent jurisdiction, and disposition of all appeals, adverse to the nee,as insured.

(c) The Company shall not be Hable for loss or damage to the Insured forliability voluntarily assumed by the Insured in settling any claim or suitwithout the prior written consent of the Company.

10. REDUCTION OF INSURANCE; REDUCllON OR TERMINATION OFLIABILITYAll payments under this pollcv, except payments made for costs, attorneys'

fees, and expenses, shall reduce the Amount of Insurance by the amount of thepayment.

11. UABIUTY NONCUMULATIVEThe Amount of Insurance shall be reduced by any amount the Company pays

under any policy insuring a Mortgage to which exception is taken in Schedule B orto which the Insured has agreed, assumed, or taken subject, or which is executedby an Insured after Date of Policy and which is a charge or lien on the Title, andthe amount so paid shall be deemed a payment to the Insured under this policy.

12. PAYMENT OF LOSSWhen liability and the extent of loss or damage have been definitely flxed In

accordance with these Conditions, the payment shall be made within 30 days.

13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT(a) Whenever the Company shall have settled and paid a claim under this

policy, it shall be subrogated and entitled to the rights of the InsuredClaimant In the Title and all other rights and remedies in respect to theclaim that the Insured Claimant has against any person or property, to theextent of the amount of any loss, costs, attorneys' fees, and expensespaid by the Company. If requested by the Company, the Insured Claimantshall execute documents to evidence the transfer to the Company of theserights and remedies. The Insured Claimant shall permit the Company tosue, compromise, or settle in the name of the Insured Claimant and touse the name of the Insured Claimant in any transaction or litigationinvolving these rights and remedies.If a payment on account of a claim does not fully cover the foss of theInsured Claimant, the Company shall defer the exercise of its right torecover until after the Insured Claimant shall have recovered its loss.



(b) The Company's right of subrogation includes the rights of the Insured toIndemnities, guaranties, other policies of insurance, or bonds,notwithstanding any terms or conditions contained in those instrumentsthat address subrogation rights.

14. ARBITRATIONEither the Company or the Insured may demand that the claim or controversy

shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules ofthe American land Title Association ("Rules''). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of otherpersons. Arbilrabfe matters may include, but are not limited to/ any controversy orclaim between the Company and the Insured arising out of or relating to thisp'oUcy/ any service in connection with its issuance or the breach of a policyprovision/ or to any other controversy or claim arising out of the transaction glvlngrise to this policy. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or theInsured. All arbitrable matters when the Amount of Insurance is in excess of$2/000/000 shalf be arbitrated only when agreed to by both the Company and theInsured. Arbitration pursuant to this pollcv and under the Rules shell be bindingupon the parties. Judgment upon the award rendered by the Arbitrator(s) may beentered in any court of competent jurisdiction.

15. UABIUTY UMITED TO THIS POUCY; POLICY ENTIRE CONTRACT(a) This policy together with all endorsements/ if any, attached to it by the

Company is the entire policy and contract between the Insured and theCompany. In Interpreting any provision of this policy, this policy shall beconstrued as a whole.

(b) Any claim of loss or damage that arises out of the status of the Title or byany action asserting such claim shaJl be restricted to this policy.

(c) Any amendment of or endorsement to this policy must be in writing andauthenticated by an authorized person, or expressly incorporated bySchedule A of this policy.


(d) Each endorsement to this policy issued at any time is made a part of thispollcy and is subject to all of its terms and provisions. Except as theendorsement expressly states, it does not (I) modify any of the terms andprovisions of the policy, {il) modify any prior endorsement, (iii) extend theDate of POlicy, or (iv) increase the Amount of Insurance.

16. SEVERABIlITYIn the event any provision of this policy, in whole or in part, is held invalid or

unenforceable under applicable law, the policy shall be deemed not to include thatprovision or such part held to be invalid, but all other provisions shall remain In fullforce and effect.

17. CHOICE OF LAW; FORUM(a) Choice of law: The Insured acknowledges the Company has underwritten

the risks covered by this policy and determined the premium chargedtherefore in reliance upon the law affecting interests in real property andapplicable to the interpretation, rights, remedies, or enforcement ofpollees of title insurance of the jurisdiction where the land is located.Therefore, the court or an arbitrator shall apply the law of the jurisdictionwhere the land is located to determine the validity of claims against theTitle that are adverse to the Insured and to interpret and enforce theterms of this policy. In neither case shall the court or arbitrator apply itsconflicts of law principles to determine the applicable law.

(b) Choice of Forum: Any litigation or other proceeding brought by theInsured against the Company must be filed only in a state or federal courtwithin the United States of America or its territories having appropriatejurisdiction.

18. NOnCES, WHERE SENTAny notice of claim and any other notice or statement in writing required to be

given to the Company under this policy must be given to the Company at 1 FirstAmerican Way, Santa Ana, CA 92707, Attn: Claims Department.

POLICY OF TITLE INSURANCEAM E R Ie

"1<




SCHEDULE A


Name and Address of the issuing l1tle Insurance Company:First American l1tle Insurance Company777 South Figueroa Street, Suite 400Los Angeles, CA 90017

File No.: NCS-369365-LA2 Policy No.: 369365Address Reference: Vacant Land, South Pacific Avenue, Los Angeles, CAAmount of Insurance: $1,370,000.00Date of Policy: November 1, 2012 at 8:00 a.m.

1. Name of Insured:

Meta Housing Corporation, a California corporation

2. The estate or interest in the Land that is insured by this policy is:

A Fee.

3. l1tle is vested in:

Meta Housing Corporation, a California corporation

4. The Land referred to in this policy is described as follows:

Real property in the City of Los Angeles, County of Los Angeles, State of California, described asfollows:

LOTS 3, 4, 5 AND 6 OF TRACT NO. 5984, IN THE CITY OF LOS ANGELES,COUNTY OF LOSANGELES,STATE OF CALIFORNIA, AS PER MAP RECORDEDIN BOOK 55, PAGE73 OF MAPS, INTHE OFFICE OF THE COUNTY RECORDEROF SAID COUNTY.

EXCEPTTHE NORTH 30 FEETOF SAID LOT 3.

APN: 7451-018-022




SCHEDULE B

File No.: NCS-369365-LA2 policy No.: 369365

EXCEPTIONS FROM COVERAGE

This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,or expenses that arise by reason of:

1. General and special taxes and assessments for the fiscal year 2012-2013.First Installment: $1,717.91, PAIDPenalty: $0.00Second Installment: $1,717.91, PAYABLEPenalty: $0.00Tax Rate Area: 13245A. P. No.: 7451-018-022

2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing withSection 75 of the California Revenue and Taxation Code.

3. Water rights, claims or title to water, whether or not shown by the public records.

4. An easement for pipe lines and incidental purposes in the document recorded in Book 880 ofDeeds, Page 61.

The location of the easement cannot be determined from record information.

5. An agreement or covenant to hold land as one parcel recorded October 11, '1983 as InstrumentNo. 83-1197846 of Official Records.

6. A deed of trust to secure an indebtedness in the original principal amount of$1,301,500.00 recorded November 1, 2012 as Document No. Instrument No. 2012-1662073 ofOfficial Records.Dated: October 31, 2012Trustor: Meta Housing Corporation, a California corporationTrustee: First American TItle Insurance CompanyBeneficiary: Low Income Investment Fund, a California nonprofit public

benefit corporation

7. A financing statement recorded November 1, 2012 as Instrument No. 2012-1662074 of OfficialRecords.Debtor: Meta Housing CorporationSecured party: Low Income Investment Fund, a California nonprofit public

benefit corporation

First American TItle Insurance Company



ENDORSEMENT

Attached to Policy No. 369365

Issued by


The Company insures against loss or damage sustained by reason of the failure of the land described inSchedule A to constitute a lawfully created parcel according to the Subdivision Map Act (Section 66410, etseq., of the California Government Code) and local ordinances adopted pursuant thereto.

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify anyof the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date ofPolicy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previousendorsement is inconsistent with an express provision of this endorsement, this endorsement controls.Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any priorendorsements.

CLTA Form 116.7-06 (03-09-07)ALTA ~ Owner or Lender




ENDORSEMENT


Issued By


The Company insures against loss or damage sustained by the Insured by reason of the failure of theLand to abut a physically open streets known as 4th Street and Pacific Avenue.

This endorsement is issued as part of the policy, Except as it expressly states, it does not (i) modify anyof the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date ofPolicy, or (iv) increase the Amount of Insurance, To the extent a provision of the policy or a previousendorsement is inconsistent with an express provision of this endorsement, this endorsement controls.otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any priorendorsements.

CLTA Form 103.7-06 (03-09- 07)ALTA ~Owner or Lender




ENDORSEMENT


Issued by


The Company insures against loss or damage sustained by the Insured by reason of:

1. the failure of the land described as Lot 3, 4, 5 and 6 to be contiguous to one another;or

2. the presence of any gaps, strips, or gores separating the contiguous boundary linedescribed above.

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify anyof the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date ofPolicy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previousendorsement is inconsistent with an express provision of this endorsement, this endorsement controls.Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any priorendorsements.

CLTA Form 116.4.1-06 (06-17-06)ALTA Endorsement Form 19"06ALTA orCLTA ~ Owner or Lender

First American Title Insurance COmpany


Polley Page 10Policy Number: 369365

ENDORSEMENT


Issued By


The Company insures against loss or damage sustained by the Insured by reason of any exercise of theright of use or maintenance of the easement referred to in paragraph 4 of Schedule B over or throughthe Land.


CLTA Form 103.1-06 (03-09-07)ALTA - Lender

First American Tltle Insurance Company



ENDORSEMENT

Attached to Policy No. NCS-369365-LA2

Issued By


The Company hereby insures against loss or damage sustained or incurred by the Insured by reason ofany of the following matters:

1. The existence of covenants, conditions or restrictions under which the lien of themortgage referred to in Schedule A can be cut off, subordinated, or otherwiseimpaired;

2. The existence of present violations on the land of any enforceable covenants,conditions, or restrictions;

3. Except as shown in Schedule B, the presence of existing encroachments onto theland of buildings, structures, or improvements located on adjoining lands.

4. Any future violations on the land of any covenants, conditions or restrictionsoccurring prior to acquisition of title to the estate or interest by the Insured,provided such violations result in impairment or loss of the lien of the mortgagereferred to in Schedule A, or result in impairment or loss of title to the estate orinterest if the Insured shall acquire the title in satisfaction of the indebtednesssecured by the mortgage;

5. Any final court order or judgment requiring removal from any land adjoining saidland of any encroachment shown in Schedule B.

Wherever in this endorsement any or all of the words "covenants, conditions or restrictions" appear, theyshall not be deemed to refer to or include the terms, covenants, conditions or restrictions contained inany lease.

No coverage is provided under this endorsement as to any covenant, condition, restriction or otherprovision relating to environmental protection.


F.A. Form 31 (Revised 3/99)ALTA Extended - Lender(Unimproved Land)


Form No, 1402,06ALTA Owner's Policy (6-17-06)


F.A. SpecialLack of Signatures

ENDORSEMENT


Issued By


The Company hereby assures the Insured that the Company will not deny liability under the policy or anyendorsements issued therewith solely on the grounds that the policy and/or endorsement(s) were issuedelectronically and/or lack Signatures in accordance with Paragraph 15 (c) of the Conditions.



j}/-//I~Dennis J. GilmorePresident

Timothy KempSecretary


Documents

~DG==·~t.=d!:I'-clkrep.lacity.org/onlinedocs/2013/13-0597_misc_04-08-14.pdf · ORDINANCE NO.'· 182674 An Ordinance authorizing the quitclaim of an easement for storm sewer purposes