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53584 Ave. Juarez Notice of Pendancytic DEPARTMENT OF BUILDING AND SAFETY CITY OF LA QUINTA BEFORE THE CITY COUNCIL OF.THE CITY OF LA QUINTA, STATE OF CALIFORNIA W In the matter of the Property of ) E. N. Bailey ) Helen W. Bailey ) and DOES I through X, owners: ), CASE NO. N. W 2 d5 002-83 NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS Notice is hereby given to all persons, pursuant to Section.3 of Ordinance 457 of the City of La Quinta, State of California,. that administrative proceedings have been commenced with respect to structures located upon the real property hereinafter described; that such proceedings are based upon the noncompliance of such structures with the requirements of Ordinance 457 of the City of La Quinta affecting property located at 53-584 Avenida Juarez, La Quinta, CA 92253 and more particularly described as APN: 774-111-004-3 Lcc �1, '_Lk 1,2 c� ari�u ..ai.� �i�u a� ,lu�c L�. Quinta -Unit P c. .,cek 19, Pugc 34 and that the costs incurred therein may become a lien on said property. Failure to comply with the lawfulorders of the Building Director and City Council heretofore or hereafter issued relative to the above matter may result in demolition of the offending structure and assessment of the costs and expenses thereof to the property hereinafter described as lien on such property; that any purchaser or encumbracer acquiring an interest in said property subsequent to the recording of this notice with the County Recorder shall.have such interest subject and subordinate to said lien. Further details regarding.this notice may be had by _addressing an inquiry to the Building.Director, P.O._Box 1504, La Quinta, California 92253. CITY OF LA QUINTA P. 0. BOX 1504 LA QUINTA, CA 92253 DEPARTMENT OF BUILDING AND SAFETY Phillip D. Coggins, Building Official _�. LITIGATION GUARANTEE CHICAGO TITLE INSURANCE COMPANY a corporation of Missouri, herein called the Company, for a valuable consideration, hereby GUARAN- TEES the parties herein, called the ASSURED, against loss not exceeding the liability amount shown herein, which the Assured shall sustain by reason" of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date: f 1. The title to the herein described land was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. For the type of action shown herein, the necessary parties defendant are as herein stated. ALL SUBJECT, HOWEVER, to the exclusions from coverage, the limits of liability and the other. provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this Guarantee to be signed and sealed as of the effective date, the Guarantee to become valid when countersigned by an authorized signatory. Issued by: ' CHICAGO TITLE INSURANCE COMPANY 3701 Main Street Riverside, California 92502 (714) 784-2464 CLTA Guarantee Form No. 1 CHICAGO TITLE INSURANCE COMPANY By: President. I �ATTEST: C Secretary. G�NGp,GO 7!t��'�' Z vii g. 4 CHICAGO TITLE INSURANCE COMPANY 3701 Main Street Riverside, California 92502 CHICAGO I TITLE INSURANCE COMPANY 111 WEST WASHINGTON STREET CHICAGO, ILLINOIS 60602- M63 0602 M63 CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart construc- tive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. Z. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land ex- pressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions . (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute_any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guaran- tee, or to pay the full amount of this Guarantee or, if this Guar- antee is issued for the benefit of a holder of a mortgage, the Com- pany shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated herein. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or en- cumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for at- torneys' fees as provided for in paragraph 6(b) hereof, shall re- duce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for en- dorsement of such payment unless the Guarantee be lost or de- stroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subro- grated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right or subrogation, and shall permit the Com- pany to use the name of the Assured in any transaction or litiga- tion involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to its principal office at l l l West Washington Street, Chicago, Illinois 60602, or at any branch office of the Company. 10. The fee specified herein is the total fee for title search and examination and for this Guarantee. 7040 GUARANTEE PAGE 1 FORM 9571 R-7/76 Guarantee Number 75060-03 Liability $10,000.00 Fee $150.00 Effective Date: October 28, 1983 at 7:30 a.m. Assured: CITY OF LA QUINTA The Estate or Interest in.the Land Hereinafter Described or Referred to Covered by this Guarantee is: A Fee. Vestee: E. N. BAILEY and HELEN W. BAILEY, husband and wife as joint tenants Description of the land referred to in this Guarantee, in the State of California, County of Riverside Lot 21 in Block 192 of SANTA CARMELITA AT VALE LA QUINTA, UNIT NO. 19, as per map recorded in Book 19, page 34 of Maps, in the office of the County Recorder of said County. Said property is also situated in the City of La-Quinta. Page 1 of 3 Pages. Chicago Title Insurance Company Exceptions: 1: Taxes for the fiscal year. 1983-84. First installment: $40.86 Second installment: $40.85 Code Area: 20-01 Assessment No: 774-111-004-3 Exemption: None 2: The lien of supplemental taxes; if any, assessed.pursuant to the provisions of Chapter 498, Statutes of 1983 of.the State of California. Nature of action: condemnation of said property Said .necessary parties (other than those having a claim. or interest by reason .of.matters shown in Exceptions numbered 3 & 4 ) to be made defendants in said action to be brought by City of La Quinta as plaintiff', are as follows: 1. E. N. Bailey 2260 Chestnut Ave. Long Beach 60 California 2. E. N. Bailey 1520 Ard Eevinave-- Glendale, CA 91202 3. E. N. Bailey 53-584 Avenida Juarez Palm Desert 92260 Helen W. Bailey 2260 Chestnut Ave. Long Beach 6, California Helen W. Bailey 1520 Ard Eevinave Glendale, CA 91202, Helen W. Bailey 53-584 Avenida Juarez Palm Desert 92260 Countersigned Auth - ori2jfd Signatory dt Form 3564 Page 1 of 2 Pages. Chicago Title Insurance Company GUARANTEE Page 2 FORM 2345 R-3/78 ORDER NO. 75060-03 Exceptions: 3. An easement for public utilities and rights incidental thereto as shown on the recorded map of said land. Affects: within the Easterly 5 feet 4. An easement for aerial and underground electric and communication structures and incidental purposes within 5 feet, along all division property lines, (except those which coincide with streets and alleys) as set forth in document Recorded: March 9, 1938 in Book 365, page 527, Official Records In favor of: Nevada -California Electric Corporation Page 2 of 2 Pages. Chicago Title Insurance Company �•• r1�-� rnaiy-t�� /f3r'�..Ra.`-.`i=a `s O.Q I;. •• �� .�� e. 14 I wo lb Jd712 fV' • � **; . y� - - . i46�ErVi'O�9- $ , T �i�R•fE� --- + -L�1 FH- -- e - 'r R - �' v ♦ v o C N o AC I � A# �, w V �► Y io • �i .S,o iw C• C -ter- or-m- - t9FBP-m----=--AV£7VWIjD4 \ ♦ \ N �..•�• f1� � I ♦ g A19 �b --- -- --- -- -- .�aItoCA �\ J JO• .Jo' '' 4 .!O' O' .!b• J Jd I .f0' ^ � , �9h9Z- I h p p o ° or ire- -11w ra apa _ � W �� � O , 4 r O N N 8OA \ 8► \ � \ \ \ I O N• . N C V ♦ 0 M v •N � � h 0 0 b ♦ v� w y a � N 8\ A -ti o y o b 4 v a- I � � .. 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