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HomeMy WebLinkAboutD-1396 Apn 02-402-046 (1027 Nipomo) Fed. Aid Proj. Recorded 08/13/1993RECORDING REQUESTED BY AND MA1LTO NAME City Clerk's Office. City of San Luis .Obispo STREET P.O. Box 8100 San Luis Obispo. CA 93403 -8100 Doc No: 1 991-154382 Official Records San Luis Obispo Co. Francis M. Cooney Recorder Sep 10, 1993 Time: 14:25 51 . AGREEMENT NO. A- 53 -93 -CC LEASE FOR USE OF PROPERTY Rec No: 00064421 NF 0.00 ,TOTAL 0.00 THIS LEASE, made and entered into this 3rd day of August: 1993, by and between the CITY OF SAN LUIS OBISPO (hereinafter, "City "), a Municipal Corporation, and SAN LUIS OBISPO BROADCASTING (hereinafter11SLO Broadcasting ") , a California Limited Partnership. WITNESSETHo WHEREAS, the parties hereto desire to enter into an agreement whereby the City will lease within the upper three acres of the parcel a space, identified in Exhibit 1, to build a 12' x 24' building pad and access to on -site power and emergency generator of the Lessor's real property at 2895 South Higuera Street (identified in Exhibit- 1 ) , San Luis Obispo, California, on which the Lessee will operate radio transmission facilities for the Municipal Government. NOW, THEREFORE, in consideration of the promises and agreements, covenants and conditions stated herein, the parties agree as follows: 1. PREMISES LEASED. SLO Broadcasting hereby leases to City, and City hires from SLO Broadcasting, certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of the premises known as 2895 South Hicruera Street as more. particularly shown on the attached Exhibit 1 incorporated herein by reference: 2. . TERM: OPTION TO RENEW A. The term of this lease shall commence on July 1, 1993 and extend for a period of ten (10) years. B. The City shall have the right to renew this lease for three (3-) additional ten (10) year.terms on the same terms and conditions set forth herein, upon the giving of sixty (60) days advance written notice. 3. RENTAL. City shall pay to the SLO Broadcasting as rent for this lease the sum of six hundred dollars ($600.00) per month for the first year, which shall include the premises described above and all electrical power needed for the City's equipment. The amount of rent owed by the City shall be increased annually by four percent (0) on each anniversary date of the commencement of the term of this lease. &/4- 1 A- 53 -93 -CC - R 4. PURPOSE. City shall be entitled to use the premises for the purpose of installing and operating radio transmitters together with such appurtenant facilities as may be necessary or convenient for the transmission of radio signals. 5. INCONSISTENT USE. Neither party here to shall make any use of the premises which is inconsistent with the other oarty's interest in or use of the premises. Neither party, its agents, employees or assigns shall perform any act which will impair or interfere with the other party's interest in or use of the premises leased or the premises of which the premises leased are a part. 6. RIGHT -OF -WAY; UTILITIES EASEMENTS. City shall have the right of ingress and egress from the premises leased and described above to the transmitter site on a 24 hour a day basis. 7. TELEPHONE LEASED LINES. City shall make all arrangements for and pay for telephone leased links to the leased premises shown on Exhibit 1. Said leased line shall be installed along existing telephone company routes and facilities. 8. RESPONSIBILITY FOR NEGLIGENCE. Each party hereto shall be responsible for all claims and damages arising out of its own negligent acts or omissions. 9. MODIFICATION OF THIS AGREEMENT. Upon mutual agreement of the parties, City shall have the right to modify this lease to relocate its facilities to a separate location on the parcel of which the leased premises are a part, to construct a facility for their sole use as a permanent transmission facility. 10. TIME. Time is of the essence of this lease. 11. BINDING. Each of the terms and conditions of this lease shall extend to and be binding on and shall inure to the benefit of not only the City and SLO Broadcasting, but to each of their respective heirs, administrators, executors, successors and assigns. Any reference in this lease to either City or SLO Broadcasting shall be deemed to include, whenever applicable, the heirs, administrator, executors, successors and assigns of such parties, the same as if OA N executors, successors and assigns of such parties, the same as if in every case expressed. 12. RECORDATION. It is the intention of the parties that this agreement be recorded. IN WITNESS WHEREOF, the parties hereto have executed this lease on the date first written above. Sta of Cali ornia ass. County San Luis Ob' o subscribed n sw n to before me, T Eckland, personally red Guy Hackman pojn_Lh t e 1 th ay ugust, Notary Public SAN LUIS OBISPO BROADCASTING LIMITED By: Y Guy Hackman General Partner 1993. ��.���NONOOpNNO�oH f a OFFICIAL SEAL t' ; TAINA ECKLAND NOTAry PUBUC - CALIFORNIA P ' FF+:"CIPAL OFFICE IN tit ;' ""•� „ SANI LUIS CSISPO COUNTY My Commt; ian Exp. July i, 19Q? A 'ESfi : = ow0000 •coot aoo OP r t • 4. Ci diveik an dwell APPROVED AS T• 4'Q x� —�. f; I " t; tt 3 CITY OF SAN LUIS OBISPO r By: Mayor g Pinard r; Stale of California ) / COLIIIIy ofsnnLU/ oa On 7 l )efore me, (insert name of notary rLih(ic), personally appeal ad K�1Ali - - - personally known to'1116 (or proved me on (lie basis of s��lis(actoiy evidence) be the • person(s) whose name(s) is /are sLihscrihed to the wilhin instrument �nd`aclmowleel j ©d' to 1116 that, lie /slie /they executed. the same in hisJher /their authorized capacily(ies), And ll�al by iris /lierJlheir si jnali.ird(s) oil the instrument lli:e p0l'son(s) or the enlily upon behalf Of which the persons) acted, executed the IrisIrumeilt. , 0o,,.e,0®oeoeo.omos.00.0®000 ®0® OFRCIAL SEAL WITNI =SS illy hand and - official se TAINA ECKLAND NOTARY PUBLIC . CALIFORNIA PRINCIPAL OF FICE.IN • (seal) SAN LUIS O©ISPO COUNTY Sig1-1cl LII (7:Z' ••„ My Commission Exp: July 1. 19-04 00000 .f• ®O0o00000O0A0404000000A00io ' ❑ D 3 z -4 z C3 A � A z D D < A A D ri N Z I 'C-) / ❑ / £ o� < m AX ZN ey c N I x D I --I N C A Gl Z = -4 zi � I \ ❑ \ ,1 ITI ( \ \ T I \ uNi N V M \ m \ D z f'"1 \ m m \ \I r D I ❑ \ I _ N o \ A C-) C3 ❑ v,�o b Z -DI D < D O z .. z "gym O N Z D N A D --4 d Cl Z D C TI H rl 1 C A m m t7 C m " A A " £ 3 A r- z ❑ y -4 D ❑ A t7 z C) I CD cr� I I N I _ I z I Cl I s i 1 N I o -L NA n +v C rj A d END OF DOCUNIEi 2 �__ t'] x x H H H H city of san Luis osispo ` COUNCIL AGENDA REPORT From: Robert Neumann, Interim Fire Chief Prepared By: Erwin Willis, Battalion Chief MEETING DATE: 5/21/91 ITEM NUMBER• �O Subject: Resolution entering into a lease agreement with SLO Broadcasting for City use of the hill top property located at 2895 South Higuera and SLO Broadcasting use of City property at 35 Prado Road. CAO RECOMMENDATION By resolution, approve and authorize the Mayor to execute a 10 year lease agreement between the City of San Luis Obispo and SLO Broadcasting for joint use of properties located at 2895 South Higuera and 35 Prado Road for a net fee of $300.00 per month adjusted annually. DISCUSSION In 1988 the City embarked on a program to improve radio communications for the Police, Fire and Public Works Departments using three microwave receiving sites and one combined repeater site. The repeater site is co- located with the KSLY radio station's transmission tower on a hill at 2895 South Higuera. The Fire Department has been using this site at no charge for many years, but since the new radio equipment will occupy more space at the site the owner would like a new lease agreement. The agreement covers two separate properties. The first site is the 2895 South Higuera location which the City will lease from SLO Broadcasting. The second site is at the City's Waste Water Treatment Plant at 35 Prado Road, which SLO Broadcasting will lease from the City. SLO Broadcasting will place a receiver dish at the Prado Road location, next to the KCBX receiver disk. The lease amounts for the 2895 South Higuera Street site will be $400.00 per month. The lease amount for the Prado Road site will be $100.00 per month. Both amounts will be increased annually by 4% per year. The net cost to the City of this lease is $3,600 the first year. CONCURRENCES The City Attorney's Office wrote the lease agreement and the Police and Public Works Departments have been involved in this project and concur with this location and lease terms. FISCAL IMPACT The annual $3,600 lease amount has been included in the Fire Department's Fy 1991 -93 budgets. �N�fllll1 °A N city of san LUIS osrspo OftGe COUNCIL AGENDA REPORT Page 2 ALTERNATIVES 1) Do not approve the lease agreement and direct staff to negotiation a different lease amount. This alternative is not recommended because the lease amount is below the market rate for a radio repeater site. It is unlikely that staff could negotiate a lower rate. 2) Do not approve the lease agreement and direct staff to find a new site. This alternative is not recommended because a study was conducted at the beginning of this project which found that the top of San Luis Mountain was the only other acceptable repeater site. As the San Luis Mountain site would require extensive development staff does not feel it is an acceptable alternative at this time. ATTACHMENTS Resolution Attachment #1 Lease for Use of Property :r ATTACHMENT #1 AGRE MMI NO. A- 28- 91-CC LEASE FOR USE OF PROPERTY This lease, made and entered into this A, day of ITZ� by and between the CITY OF SAN LUIS OBISPO (hereinafter, "Ci y a Municipal Corporation, and SAN LUIS OBISPO BROADCASTING LIMITED (hereinafter "SLO Broadcasting "), a California Limited Partnership. AITNESSETH: WHEREAS, the parties hereto desire to enter into an agreement whereby the City will lease approximately thirty square feet of the Lessor's real property at 2895 South Higuera Street, San Luis Obispo, California, on which the Lessee will operate radio transmission facilities for the Municipal Government and SLO Broadcasting will lease land at City's Waste Water Treatment Plant as a site for a receiver dish; NOW, THEREFORE, in consideration of the promises and agreements, covenants and conditions stated herein, the parties agree as follows: 1. PREMISES LEASED. SLO Broadcasting leases to City, and City hires from SLO Broadcasting, certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of the premises known as 2895 South Higuera Street as more particularly shown on the attached Exhibit 1, incorporated herein by reference. The City will move the existing site electrical generating plant to a mutually agreed location and place it in a weather tight, physically secure structure. In exchange, the City will utilize the space vacated by the generator for their transmission equipment, as shown on Exhibit 1. City leases to SLO Broadcasting, and SLO Broadcasting hires from City, certain real property located in the City of San Luis Obispo, San Luis Obispo County, California, being such portion of the premises of the San Luis Obispo City Waste Water Treatment Plant as shown on Exhibit 3. 2. TERM; OPTION TO RENEW. a. The term of this lease shall commence on 1991 and extended for a period of ten (10) years. b. Both parties hereto shall have lease for three (3) additional ten (10) terms and conditions set forth herein, (60) days advance written notice. the right to renew this year terms on the same upon the giving of sixty A- 28 -91 -CC mm 3. RENTAL. City shall pay to the SLO Broadcasting as rent for this lease the sum of four hundred dollars ($400.00) per month for the first year, which shall include the premises described above and all electrical power needed for the City's equipment. SLO Broadcasting shall pay to the City one hundred dollars ($100.00) per month for the first year, which shall include the premises. The amount of rent owed by the City and the amount of rent owed by SLO Broadcasting shall be increased annually by four percent (4 %) on each anniversary date of the commencement of the term of this lease. City will forward to SLO Broadcasting a check each month for the net difference in the lease amount. 4. PURPOSE. City shall be entitled to use the premises for the purpose of installing and operating radio transmitters together with such appurtenant facilities as may be necessary or convenient for the transmission of radio signals. SLO Broadcasting shall be entitled to use the premises herein leased solely for the purpose of installing and operating on the premises a Receive only Terminal facility as may be necessary or convenient for the reception of satellite radio signals. 5. INCONSISTENT USE. Neither party hereto shall make any use of the premises which is inconsistent with the other party's interest in or use of the premises. Neither party, its agents, employees or assigns shall perform any act which will impair or interfere with the other party's interest in or use of the premises leased or the premises of which the premises leased are a part. 6. RIGHT -OF -WAY; UTILITIES EASEMENTS. City shall have the right of ingress and egress from the premises leased and described above to the transmitter site along the existing route, on a 24 hour a day basis said route to be twenty (20) feet in width, as shown on Exhibit 2. City shall provide an easement affording SLO Broadcasting reasonable ingress and egress to the premises being leased. SLO Broadcasting shall improve, if necessary, and maintain the easement provided. SLO Broadcasting shall also be entitled to an easement for full utilities and telephone on, over, and across the easement for ingress and egress provided. 7. TELEPHONE LEASED LINES. City shall make all arrangements for and pay for telephone leased links to the leased premises shown on Exhibit 1. Said leased line shall be installed along existing telephone company routes and facilities. SLO Broadcasting shall make all arrangements for and pay for all utilities and services furnished to or used by it on the leased premises shown on Exhibit 3, including, without limitation, gas, electricity, water, telephone service, and trash collection, and for all connection charges. 8. RESPONSIBILITY FOR NEGLIGENCE. Each party hereto shall be responsible for all claims and damages arising out of its own negligent acts or omissions. 9. TERMINATION OR MODIFICATION OF THIS AGREEMENT. a. Either party hereto shall have the right to terminate this agreement on twelve (12) month's written notice to the other party. b. Upon mutual agreement of the parties, City shall have the right to modify this lease to relocate its facilities to a separate location on the parcel of which the leased premises are a part, to construct a facility for their sole use as a permanent transmission facility. 10. TIME. Time is of the essence of this lease. 11. BINDING. Each of the terms and conditions of this lease shall extend to and be binding on and shall inure to the benefit of not only the City and SLO Broadcasting, but to each of their respective heirs, administrators, executors, successors and assigns. Any reference in this lease to either City or SLO Broadcasting shall be deemed to include, whenever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed. 12. RECORDATION. It is the intention of the parties that this agreement be recorded. IN WITNESS WHEREOF, the parties hereto have executed this lease on the date first written above. SAN LUIS OBISPO BROADCASTING LIMITED By • Guy Ha man General Partner ATTEST: C,),VV1 UVI City 11 C- lerk Pam ges Approved as to form: CITY OF SAN LUIS OBISPO By - nin Approved as to content: ty A#inistrative Officer Finance Director gire Chief olice Chief Public Works Director 1 0 . , n, , �i 0 R T 0 20 ^" ' 'i ' �| 8� ^^ ( N ( ' ! Ar // X \ / - ' ' � `^ � � `� 77- � P., X Y- ti 14,CUC-FA ST �4 p zL , ti7 i 0 i2ECORDING REQUESTED BY: TICOR TITLE INSURANCE COMPANY R&ording requested by and when recorded, please return to: CITY CLERK CITY OF SAN LUIS OBISPO P.O. BOX 8100 SAN LUIS OBISPO, CA 93403 -8100 0713 40 -7 i Doc No: 1993- 048694 Official Records San Luis Obispo Co. FRANCIS M. COONEY Recorder Aug 13, 1993 Time: 08:00 [ 3] Rec No: 57518 NF 0.00 TOTAL 0.00 No fee per Government Code 6103 o Documentary Transfer Tax per Revenue Taxption Code 11922 APN: 02- 402 -046 Federal Aid Project No. EASEMENT DEED'—j, BRM- Y398(1) v. C-0 1- 7 111e✓ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CREAMERY, A LIMITED PARTNERSHIP FEE PAD I EXEMPT I OUT OF -/ • STATE hereby GRANTS to the City of San Luis Obispo, a chartered municipal corporation, an easement to maintain, repair and improve the Nipomo Street bridge wing wall and creek channel over the following described property: That portion of Block 61 of the City of San Luis Obispo as conveyed by deed recorded June 27, 1983 in Vol 2497 at Page 519 in the Office of the San Luis Obispo ` County Recorder, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 168 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the westerly line of Nipomo Street In said City, distant thereon 248.00 feet North 36053'00" West from the northwesterly corner of Higuera and Nipomo Street to the Point of Beginning; thence westerly at right angles to Nipomo Street 52.00 feet to a point; thence northwesterly parallel with Nipomo Street to the center of San Luis Obispo Creek; thence northeasterly along the center line of said creek to the westerly line of Nipomo Street; thence South 36053'00" East along said westerly line of Nipomo Street to the Point of Beginning. IN WITNESS WHEREOF GRANTOR hereunto caused their name to be subscribed this �ay of 1993. State of California J County of � L- g? 5� On _lqMW %5/ 1'C'-1% _ before me, LuAM LL- ,....,,.,..a...y aYYoaicu I" . r-v�<k—gF v , personally know to me (or proved to me on the basis of satisfactory e the person se evidence) to b(s) who name(s•Yis /are-subscribed to the within instrument and acknowledged to me that he /eheAheay executed the same in hisAieMheir authorized capacity(ies), and that by�his/her4heir-signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the iris r WITNES m nd offic' a] - OFFICL?LSEAL LILLIAN D. JE f' NOTARYPUZILIC- CA Signatur µ� VE14TURA COi]NT Note: This Easement will be recorded': Your signature(s) must e Y C P. tt0Y.25 19 Inform the notary that the acknowledgement is for an instrument to be recorded. (California . - .. Civil Code 1169, et.seq.) D d/ i GOVERNMENT CODE 27361.7 I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS (ATTACHED JEADS. AS FOLLOWS: 1 NAME OF NOTARY. NAME OF COUNTY: ��1T1AI�a CQ: �nT� / DATE COMMI SION EXPIRES: i�`OtJ fib, IQ9 -r COMM. # DATED: ehxlq3 TICOR TITLE SURANCE COMPANY SAN LUIS OBISPO, CALIFORNIA r GOVERNMENT CODE 27361.7 7-- corT;r1� 3 - i r • ���uuiui�p�nIIII�IIN69� city or san luisc oBispo 990 Palm , CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Easement. Deed dated March 5 1993 , from The Creamery, A Limited Partnership (James M. Harrison,,. General Partner) to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority . conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in .Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: 4�� .. ATST: a5.. •" e. ladwel ity Clerk r.:.. Rvk 12/92 END OF DOCUMENT CITY OF SAN LUIS OBISPO Is i Peg Pir&,k, Mayor RECORDING REQUESTED BY: TICOR TITLE INSURANCE COMPANY Recc- rdings requested by, when recorded mail to: CITY CLERK CITY OF SAN LUIS OBISPO P.O. BOX 8100 SAN LUIS OBISPO, CA 93403 -8100 • Doc No: 1993 - 048692 Official Records San Luis Obispo Co. FRANCIS M. COONEY Recorder Aug 13, 1993 Time: 08:00 ,. [ 5] Rec No: 57516 :RF 17.00 t :TOTAL _17.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE No fee per Government Code 6103 �le 7 No Documentary Transfer Tax per Revenue Taxation Code 11922 SUBORDINATION AGREEMENT Project: City of San Luis Obispo Nipomo Street Bridge APN: 02- 402 -046 Federal Aid Project No.: BRM- Y398(1) That certain deed of trust dated October 2, 1986, in the amount of $1,300,000.00 executed by THE CREAMERY, a limited partnership, Trustors, to VENTURA COUNTY NATIONAL BANK, Trustee, I/' and WESTCO SAVINGS BANK, FSB, Beneficiary, and recorded as Instrument 67433 on October 16, 1986, in Book 2898, Page 752 of Official Records,. in the office of the County Recorder of San Luis Obispo County, insofar as it affects the property hereinafter described, is hereby subordinated to and made subject to that certain easement deed dated March 5, 1993, executed by THE CREAMERY, a limited partnership, to THE CITY OF SAN LUIS OBISPO ;.I recording concurrently herewith. The property affected by this agreement is situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein. IN WITNESS WHEREOF, the undersigned have executed this instrument as of the !gKday of May , 1993,;; Rb3amdivlC� )2ep *M&— � D -139 � J State of California ` County of V - On 5\ &-6` W 45 be person(s) whose name capacity(ies), and that instrument. i VENTURA CO WY NATI NAL r K B4WJ -, - I J i/"M Nd jdt.tSV CBAUGH B Vic resident n �\( \A- Ot�( \9 f�� tpersonally know to me (or proved tome on the basis of satisfactory evidence) to be the bed to the within instr' ent and acknowledged to me that he /shc /they executed the same in his/her /their authorized signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the WITNESS my hand and official seal Signature, V u\ r 1� Scalj State of California County of _ IW M. "WOLOME Noto y PW*C — Cwtomda VENTURA —0iiY My Comm. E"rw MAR l4, 199: On before me, _ personally appeared , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /them signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature_ ____ _ (Seal) 6 That portion of Block 61 of the City of San Luis Obispo as conveyed by deed recorded June 27, 1983 in Vol 2497 at .Page 519 in the Office of the San Luis Obispo County Recorder, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 168 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the westerly line of Nipomo Street In said City, distant thereon 248.00 feet North 36 053'00" West from the northwesterly corner of Higuera and Nipomo Street to the Point of Beginning; thence westerly at right angles to Nipomo Street 52.00 feet to a point; thence northwesterly parallel with Nipomo Street to the center of San Luis Obispo Creek; thence northeasterly along the center line of said creek to the westerly line of Nipomo Street; thence South 36053100" East along said westerly line of Nipomo Street to the Point of Beginning. EA lIT A a�. 6AE 2� W 8 Q pdQ tit w 11 Y� W ki �£ �•� N m O O O v N awss,07'1V d6 GKC 2/0.98 U. pa k 8 qq Q 6I p N 8 3 i Q g �Qi 3% y�1 au — ,v.r4issm•w saao w �`w�e lit g� 4 V a N ypp�� Fa�� yy o �vx•SS'!a'w ;t at aaa7 99 A N 8 i A � 8 w 861st a7• w �t✓ 7A I1 s n � \ b it L � r H M R00 o - MOM At L "Go n �.Q7 AI f AI t �ZiI.LD M ?!6.47 4v A ;Jo! M71Z I/ � If CE 5 "ig* N N A:•53'w .f3 NIROMO .5 n � \ b it L � r H M o - MOM At L "Go �.Q7 AI f AI t �ZiI.LD M ?!6.47 4v A ;Jo! M71Z I/ .. :ono? CALC / d vas• •wa.W "ig* N N A:•53'w .f3 NIROMO .5 Z 0 r�fill a it r, 11 N h � aeon yz N r- m C MZ r'' s o rte••nl1���'8 oQRQp f'O O Gm A� a vs�.py "C lit! 6 0 � a b uR EXHIBIT "B" S I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: IVY M. BAR'TOLOME NAME OF COUNTY: VENTURA DATE COMMISSION EXPIRES: MAR 14, 1997 COMMISSION NUMBER: 987972 DATED: 08/11/93 SAN LUIS OBISPO, CA ERIN A. 'HAGAN TICOR TITLE INSURANCE COMPANY END OF DocumENT .l TICOR TITLE INSURANCE Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION, herein called the Company, for the fee paid for this Guarantee, the number, amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against loss not exceeding the liability amount stated 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 stated herein, 1. The title to the herein described estate or interest 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-, 2. The necessary parties defendant in an action, the nature of which is shown herein, are as herein stated. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By Attest • sident :retary TO 1523 (2 -83) Litigation Guarantee — Revised 5 -3 -73 CAT. NO. NNO0399 Guarantee Conditions and Stipulations 41Definition of Terms he following terms when used in this Guarantee mean (a) "land the land described, specifically or by refer- ence, in this Guarantee and improvements affixed thereto which by law constitute real property ; (b) "public records ": those records which impart con- structive 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. 2. 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 exist- ing 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- ressly described in the description set forth in this W uarantee, or title to streets, roads, avenues, lanes, ways r waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other struc- ture 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 desir- able to establish or confirm the matters herein guaran- teed; 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 reason- able aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. Notice of Loss — Limitation of Action statement in writing of any loss or damage for which it is claimed the Company is liable under this Guaranteq 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 ,.i 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 ordamage or to commence such action within the time hereinbefore specified, shall be a conclusive baragainst 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 compromise for or in the name of the Assured any claim which could result in loss to the Assured within the cover- age of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued forthe benefit of a holder of a mortgage, the Company 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 within this Guarantee. (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 attorney's 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 re- ceived notice of an alleged defect; lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance 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 attor- ney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guaran- tee for endorsement of such payment unless the Guaran- tee be lost or destroyed, 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 GuaranteA not -J y LITIGATION GUARANTEE SCHEDULE A �� Y2- Z9 � LITIGA- 02/27/92 -Irc a� DESCRIPTION Page 1 Order No. 210372 DR PARCEL 1: That portion of Block 61 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, page 168 of Maps, in the Office of the County Recorder of said County, described as follows: Commencing at a point on the Northwesterly line of Higuera Street, said point being 192 feet Southwesterly from the Northwesterly corner of Higuera and Nipomo Street, and being the most Southerly corner of the lot formerly owned by C.J. Russell and described in the deed recorded in Book G, page 582 of Deeds; thence Southwesterly and following the Northerly line of Higuera Street, 130 feet; thence at right angles Northwesterly and parallel with Nipomo Street 250 feet, more or less, to the center of San Luis Obispo Creek; thence Northeasterly up the center of said creek, 130 feet, more or less, to the Westerly corner of said lot formerly owned by C.J. Russell; thence Southeasterly and parallel with Nipomo Street along the Westerly line of said Russell Lot to the Northerly line of Higuera Street and the point of beginning. PARCEL 2: That portion of Block 61 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, page 168 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point that is North 360 53' West 95 feet and South 530 07' West 168 eet from the Northwesterly corner of Nipomo and Higuera Streets as the same existed lovember 12, 1872, said point of beginning being the most Southerly corner of the property conveyed to Richard Hearne by deed recorded in Book G of Deeds, page 390, Records of said County; thence from said point of beginning continuing South 530 07' West 24 feet, more or less, to the Northeasterly line of the property conveyed to Michael Corcoran by deed recorded in Book R of Deeds, at page 182, Records of said County; thence North 360 53' West along the Northeasterly line of the property so conveyed to said Michael Corcoran to its intersection with an iron fence, said iron fence being the most Northerly line of the property conveyed to Charles J. Russell by deed recorded in Book G of Deeds, page 582, Records of said County; thence Northeasterly along said Northerly line of Russell Property 24 feet, more or less, to the Southwesterly line of the property conveyed to Richard Hearne by Deed recorded in Book G of Deeds, page 390, Records of said County; thence South 360 53' East along the Southwesterly line of said Hearne Property to the point of beginning. PARCEL 3: That portion of Block 61 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, page 168 of Maps, in the Office of the County Recorder of said County, described as follows: Commencing at a point on the Westerly line of Nipomo Street in said City, Northerly 95 feet from the Northwest corner of Nipomo and Higuera Streets; thence Westerly at right angles with Nipomo Street and parallel with Higuera Street 168 feet to point; thence at right angles Northwesterly and parallel with Nipomo Street 80 feet to a 1ioint; thence Northeasterly to a point in the Westerly line of Nipomo Street 85 feet D ESCRLG -03 /02 /92 -Irc DESCRIPTION Page 2 Order No. 210372 DR from the place of commencement; thence Southeasterly along the Westerly line of �ipomo Street to the place of beginning. PARCEL 4: An easement to construct, maintain, use and.repair a sewer under and across that portion of Block 61 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, page 168 of Maps, in the Office of the County Recorder of said County, described as follows: A strip of land 30 inches in width lying Northeasterly of, adjacent to, and parallel with the Northeasterly line of that certain tract of land in the City of San Luis Obispo, California, described in the deed from Golden State Milk Products Company to Golden State Company, LTD., dated September 1, 1930 and recorded in.Book 112, page 488 of Official Records, San Luis Obispo County, California, the Northwesterly terminus of said strip of land being the Southeasterly line of that certain tract of land described in the deed from George Andre, Dolly Andre, Eva Andre, Herbert Andre, Joseph Andre and Peter Andre to Golden State Company, LTD., dated February 14, 1941 and filed for record in the Office of the County Recorder of San Luis Obispo County, California, on March 3, 1941 in Book 292, page 271 of Official Records, and the Southeasterly terminus of said strip of land being the Northwesterly line of Higuera Street, as shown on said Map. PARCEL 5: All that part of Block 61 of the City of San Luis Obispo, in the County of San Luis �bispo, State of California, according to Harris and Ward's Map of the Town of San uis Obispo, on file in the Office of the County Recorder of said County, described as follows: Beginning at a point on the Westerly line of Nipomo Street in said City, distant thereon 180 feet North 360 53' West from the Northwesterly corner of Higuera and Nipomo Streets; and being the Northeasterly corner of lot conveyed by Joseph T. Silva to Anne Minta Mc Arthur, by deed dated January 23, 1918, and recorded in Book 45, page 44 of Official Records, in the Office of the County Recorder of said County; and running thence Southwesterly along the Northerly line of the lot so conveyed to Anne Minta Mc Arthur as aforesaid, to the Easterly line of the lot conveyed by Neil Stewart, as receiver of the Bank of San Luis Obispo to J.J. Andre by deed dated January 6, 1913, and recorded in Book 96, page 28 of Deeds, in the Office of the County Recorder of said County; thence Northwesterly along said line, parallel with the Westely line of Nipomo Street to an iron fence near the Bank of. the Arroyo de San Luis Obispo, on the Northerly line of lot so conveyed to J.J. Andre, as aforesaid; thence Southwesterly along said line to the Easterly line of the lot conveyed by A.D. Wallace and wife to Central Creamery Company, a corporation, by deed dated August 25, 1910, and recorded in Book 85, page 386 of Deeds; thence Northwesterly to the center of the Arroyo de San Luis Obispo; thence North 350 40' East along the center line of said Arroyo to the Westerly line'of Nipomo Street; thence South 360 531.East along said line to the point of beginning. DESCRLG -03/02/92 -Irc t IOLMGATION GUARANTAP SCHEDULE B THE CREAMERY _ Order No. 210372 DR 'TIONS: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1992 793 which are a lien not yet payable. Assessment No.: 002,402,045; 002,402,046; and 002,402,047 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Any adverse claim based upon the assertion that: A. Some portion of said land has been created by artificial means or has accreted to such portion so created. B. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of San Luis Creek or has been formed by accretion to any such portion. 4. Such rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of San Luis Creek. —� 5. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded: March 28, 1941 in Book 284, page 314 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document In favor of: The City of San Luis Obispo Recorded: August 24, 1977 in Book 2005, page 413 of Official Records Purpose: creek maintenance and stream cleaning purposes, including the right of the City to remove an existing rock outcropping, a.man -made and adjoining fill Affects: a portion of said land 7. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document referred to in the numbered item last above shown.. 8. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $1,300,000.00 Dated: October 2, 1986 LITIGB- 7/16/92 -BK OTIGATION GUARANTEO Page 1 SCHEDULE B, (Continued) Your Ref: THE CREAMERY Order No. 210372 DR Trustor: The Creamery, a limited partnership Trustee: Wilmington Financial Corporation, a California corporation Beneficiary: Westco Savings Bank, FSB Recorded: October 16, 1986 in Book 2898 at page 752 of Official Records, under Recorder's Series Number 67433 A substitution of trustee under said deed of trust which names as the substituted trustee, the following Trustee: Ventura County National Bank Recorded: December 17, 1990 in Book 3622 at page 159 of Official Records 9. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Robert W. Speicher & Candy G. Speicher dba Spike's Place Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 665 of Official Records 10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Kevin Kennedy dba Kennedy Nautilus Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 672 of Official Records 11. An unrecorded lease with certain terms, covenants_, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Ron Viola and Laurel Westerfield dba The Blacksheep Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 680 of Official Records 12. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Page 2 OTIGATION GUARANTEO SCHEDULE B (Continued) Order No. 21037 Lessor: James Harrison dba The.Creamery Lessee: Elias J. Nimeh, dba Tortilla Flats Restaurant Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 688 of Official Records 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Thomas Vincent Erno dba Foods for the Family Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 696 of Official Records 14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Karin B. Leonard dba Full Circle Disclosed by: Subordination Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 704 of Official Records 15. An unrecorded.lease with certain terms, covenants, conditions and provisions set forth therein .Lessor: James Harrison dba The Creamery Lessee: Donna Brown dba Natural Hair Energy Disclosed by: Subordination, Nondisturbance-and Attornment Agreement. Recorded: October 16, 1986 in Book 2898 at page 712 of Official Records 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: James Harrison dba The Creamery Lessee: Shiro Suganami. dba Tsurugi Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 720 of Official Records LMGBC- 7/16/92 -SK r Page 3 Your Ref: i 7 I&TIGATION GUARANTEO SCHEDULE B (Continued) r Order No. 210372 DR 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Shiro Suganami dba Tsurugi Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 728 of Official Records 18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Gretchen Rademacher and Alice Smith dba Nostalgia Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 736 of Official Records 19..An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein Lessor: James Harrison dba The Creamery Lessee: Lea Anderson and Nancy Willison dba Round Robin, Children's Out - fitters Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: October 16, 1986 in Book 2898 at page 744 of Official. Records 20. The effect of a document entitled "Parking in -lieu Fee Agreement" Dated: Not dated By and Between: James M. Harrison, owner and Villa Capri Ristorante, current tenant Recorded: August 17, 1989 in Book 3367, page 827 of Official Records Reference is made to said document for full particulars. 21. The effect of a document entitled "Parking in -lieu Agreement" Dated: not dated By and Between: James M. Harrison, owner and Tsurugi Restaurant, current tenant Recorded: August 17, 1989 in Book 3367, page 829 of Official Records OnGATION GUARANTEO Page 4 SCHEDULE B (Continued) Your Ref: THE CRRA]VIF:Rv Order No. 91 n Reference is made to said document for full particulars.. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a.document In favor of: City of San Luis Obispo, a chartered municipal corporation Recorded: October 10, 1,989 in Book 3395, page 160 of Official Records Purpose: maintain, repair and improve the Nipomo Street Bridge Wing Wall and Creek Channel Affects: portion of Parcel 5 23. A deed of trust to secure performance under an agreement referred to therein, and any other obligations secured thereby Dated: December 22,, 1989 Trustor: The Creamery, a California limited partnership Trustee: Security Union Title Insurance Company, a California corporation Beneficiary: Elias Nimeh and Ruth Nimeh, husband and wife and Joseph Unis and Georgette Unis, husband and wife Recorded.: December 28, 1989 in Book 3437 at page 756 of Official Records 24. The terms, covenants, conditions and provisions set forth in an unrecorded Option Agreement between The Creamery, a California limited partnership and Elias Nimeh, Ruth Nimeh, Joseph Unis and Georgette Unis, as disclosed by Memorandum of Option, which among other things, provides the right to purchase a portion of the property herein described, recorded December 28, .1989 in Book 3437 at page 761 of Official Records. An Amendment to said Option was recorded January 15, 1991 in Book 3633 at page 538 of Official Records. 25. The terms, covenants, conditions and provisions set forth in Off -Site Parking Agreement, by and among The Creamery, a limited partnership and the City of San Luis Obispo, recorded August 8, 1990 in Book 3557 at page 681 of Official Records. Reference is made to said document for full particulars. 26. The terms, covenants, conditions and provisions set forth in Off -Site Parking Agreement, by and among .The Creamery, Tortilla Flats Inc., and the City of San Luis.Obispo recorded August 8, 1990 in Book 3557 at page 683 of Official Records. Reference is made to said document for full particulars. LITIGBC- 7/18/92 -BK Page GATION GUARANTE10 SCHEDULE B (Continued) U I IGtsu- l/ Ib/92-tlK LMGATION GUARANTEE SCHEDULE C Your Ref: THE CREAMERY Order NO. 210372 DR 1. Said necessary parties (other than those having a claim or interest by reason of matters shown in Exceptions numbered 1 thru 7, 20 thru 22, 25, 26 and 28) to be made defendants in an action to be brought by City of San Luis Obispo as plaintiff, are as follows: The Creamery 1551 Bishop, Suite 230 San.Luis Obispo, California 93401 and /or P.O. Box 1827 San Luis Obispo, California 93406 -1827 By reason of being vestee Ventura County National Bank 5510 La Palma Avenue La Palma, CA 90623 Attn: Ron Alexander By reason of being Trustee Item No. 8 of Schedule B Westco Savings Bank, FSB P.O. Box 5670 5510 La. Palma Avenue Buena Park, California 90622 Attention: Loan Service Loan No.: 450064 -5 By reason of being Beneficiary Item No. 8 of .Schedule B Robert.W. Speicher & Candy G. Speicher dba Spike's Place Kevin Kennedy dba Kennedy Nautilus Ron Viola and Laurel Westerfield dba The Blacksheep Elias J. Nimeh dba Tortilla Flats Restaurant Thomas Vincent Erno dba Foods for the Family Karin B. Leonard dba Full Circle Donna Brown dba Natural Hair Energy Shiro Suganami dba Tsurugi Shiro Suganami dba Tsurugi Gretchen Rademacher and Alice Smith K s� v� 8 �s A n v f klb ti 2 I t r 1A �" . y 2 8 8 8 r Q: Q a� N O j[i 11 1 Gn0 � N ac•6i'00'W &S ,arc 2/3. 96 ?a. ri c, W fJLnM� 'rC n a N A wit torn M 9J•00 MjW1 w.,.. all t W6 e y� SStww y s� 1� �f a � s7 W a \ 7.., b� 89 A 8 ti ti 4 �1 ►s1 W v --1 004 Q: Q a� N O j[i 11 1 Gn0 � N ac•6i'00'W &S ,arc 2/3. 96 ?a. ri c, W fJLnM� 'rC n a N A wit torn M 9J•00 MjW1 w.,.. all t W6 e y� SStww y s� 1� �f a � s7 W a \ 7.., b� 89 A 8 ti ti 4 �1 ►s1 W ti W 'sMW GGC 1 cw JVC OV 'Ja' 8D%t'W b"00 M N -,i'S!'W .e e. N/POMO Sr J� o tooQ N Z D�sFie�p y �nonn -00 t, 1 y A Z m n �[ fi ll �: 08 N� Via Qpe�p - � omN a tco c ° 00 $RR O� `'tAwt aw 0� kh 0 � a O ti Q, 0• u N� J y --1 004 ti W 'sMW GGC 1 cw JVC OV 'Ja' 8D%t'W b"00 M N -,i'S!'W .e e. N/POMO Sr J� o tooQ N Z D�sFie�p y �nonn -00 t, 1 y A Z m n �[ fi ll �: 08 N� Via Qpe�p - � omN a tco c ° 00 $RR O� `'tAwt aw 0� kh 0 � a O ti Q, 0• u N� J y lair 7- lip rn co #A 0 'Z,: r* o .......................... �J been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the AlMk,Company, shall transfer to the Company all rights and W rmedies against any person or property necessary in der to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation 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. • 46 a. . 0 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 Sec- retary, 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, Claims Depart- ment, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. 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U Mr i;A � : J;L '414 041 lT . w . 7.1 l L �70 z 'p-pnio uT CM •29 m(•nawd b,sTtqoCpv qj cu awl; Ljznz Aw 'IU—dOlRADr r1l. olac 11,3 a ac F,P-I•T �•q lx,QT349*P k4jodwd -11 lwgl 9,fe r hvs do 6413 .41 p 71: aT47 ul "Pnlauy "WsuD260 oln ol i—Cqn• -pajuvjb ul uTvl-- IlTm Ail., D%lz '=;4TPuzz jcl,.4— pow@•Ile m12 of OwTJ Yana 2Qj .14 Bu,4120sw zuouljd 44,4 Q,4 uln4uj ITT^ dT4L• 1. .;qLlj Il.j =,41 PolyjZGe_ uT+aa4 w4=m-4• w44 w4v--AOZQI of u•ooqz 'suvem lw6•l J&Ao3•tA Act su'l Nvd AO A.L13 wo pin-4. 4u42 P..315• uT.3•4 • At %MiM '445, z � i • TICOR TITLE INSURAN CO COMPANY S"AA�6 1212 Marsh Street, P. 0. Box 810, San Luis Obispo, CA 93406 i Phone: (805) 543 -2900 Fax: (805) 541 -2549 TICOR TITLE INSURANCE -MC 1212 MARSH STREET San Luis Obispo, CA 93401 MAUREEN CHRISTENSEN Order No: 213740 MC Order Ref: Your Ref: THE CITY OF SAN LUIS Property: San Luis Obispo, CA Escrow Officer: MAUREEN CHRISTENSEN Dated as of: March 8, 1993 . at 7:30 AM In response to the above referenced application for a policy of title insurance, TICOR TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms 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:, Standard Extended Coverage Coverage California Land Title Association Standard Coverage Policy FXI F1 American Land Title Association Owner's Policy FI A.L.TA. Residential Title Insurance Policy F1 F1 American Land Title Association Loan Policy FI Other: TE 13OLLfTT Title Officer FP- 9/16/92 -BK YOU MAY RETAIN THIS COPY FOR YOUR RECORDS. J . SCHEDULE A Order No: 213740 TB Your Ref: PRELIMA- 8/7/91 -Irc • • • Order No: 213740 TB Page 1 • SCHEDULE B Your Ref: 0 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1993 -94 which are a lien not yet payable. Assessment No.: 002 - 402 -046 B 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1992 -93. 1st Installment: Penalty: 2nd Installment: Land.: Improvements: Code Area: Assessment No: $1,723.59 $172.35 $1,723.59 $288,190.00 $20,808.00 003 -000 002 - 402 -046 C 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of- California. D 4. Any adverse claim based upon the assertion that: A. Some portion of said land has been created by artificial means or has accreted to such portion so created. B. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of San Luis Obispo Creek or has been formed by accretion to any such portion. E 5. Such rights and easements that portion of said land Creek. F 6. Covenants,•conditions and restrictions based on rac for navigation and fishery which may exist over lying beneath the waters of San Luis Obispo restrictions (deleting therefrom any _, color or creed) as set forth in the document Recorded: March 28, 1941 in Book 284, Page 314 of Official Records J 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement.) PRELIMB- 8/7/91 -Irc. • • • Page 2 SCHEDULE B Order No: 2.13740 - TB (continued) PA Reference: In favor of: City of San Luis Obispo Recorded: August 24, 1977 in Book 2005, Page 413 of Official Records Purpose: creek maintenance and stream cleaning purposes, including the right of the city to remove an existing rock outcropping, a man -made and adjoining fill Affects: a portion of said land K 8. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document referred to in the numbered item last above shown. N 9. A deed.of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount.: $1,300,000.00 Dated: October 2, 1986 Trustor: The Creamery, a limited partnership Trustee: Wilmington Financial Corporation, a California corporation Beneficiary: Westco Savings Bank, FSB Recorded: October 16, 1986 in Book 2898, Page 752 of Official Records, under Recorder's Series Number 67433 Affects: the herein described land and other land 0 A substitution of trustee under said deed of trust which.names as the substituted trustee, the following Trustee: Ventura County National Bank Recorded: December 17, 1990 in Book 3622, Page 1.59 of Official Records P 10. A Covenant and Agreement .Between: James M. Harrison and Villa Capri Ristorante Recorded: August 17, 1989 in Book 3367, Page 827 of Official Records which, among other things, provides: a parking in -lieu fee. Q 11. A Covenant and Agreement 3RELIMBC- 8/2/91 -BK Between: James M. Harrison and Tsurugi Restaurant Recorded: August 17, 1989 in Book 3367, Page 829 of Official • • 1 Page 3 SCHEDULE B Order No: 213740 - TB (continued) Reference: Records which, among other things, provides: a parking in -lieu fee. R 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement.) In favor of: City of San Luis Obispo, a chartered municipal corporation Recorded: October 10, 1989 in Book 3395, Page 160 of Official Records Purpose: maintain, repair and improve the Nipomo Street bridge wing wall and creek channel Affects: a portion of said land 5 13. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $100,000.00 Dated: December 22, 1989 Trustor: The Creamery, a California Limited Partnership Trustee: Security Union Title Insurance Company, a California corporation Beneficiary: Elias Nimeh and Ruth Nimeh, husband and wife; and Joseph Un.is and Georgette Unis, husband and wife Recorded: December 28, 1989 in Book 3437, Page 756 of Official Records, under Recorder's Series Number 88325 T 14. A Memorandum of Option Dated: December 26, 1989 Between: The Creamery, a California Limited Partnership and Elias Nimeh, et al. Recorded: December 28, 1989 in Book 3437, Page 761 of Official Records Affects: the herein described land and other land U A First Amendment to Memorandum of Option Recorded: January 15, 1991 in Book 3633, Page 538 of Official Records V 15. A Covenant and Agreement • • C, J Page 4 Order No: 213740 SCHEDULE B - TB (continued) Reference: Executed By: The Creamery, a limited partnership In Favor Of: City of San Luis Obispo Recorded: August 8, 1990 'in Book 3557, Page 681 of Official Records which, among other things, provides: for off -site parking. W 16. A Covenant and Agreement Executed By: The Creamery, Tortilla Flats Inc. In Favor Of: City of San Luis Obispo Recorded: August 8, 1990 in Book 3557, Page 683 of Official Records which, among other things, provides: for off -site parking. X 17. A Covenant and Agreement Executed By: The Creamery, a limited partnership In Favor Of: City of San Luis Obispo Recorded: November 30,, 1990 in Book 3616, Page 11 of Official Records which, among other things, provides: a parking in -lieu fee.. y END OF SCHEDULE B PRELIMBC- 8/2/91 -BK NOTE: THIS REPORT IS SUBJECT TO A MINIMUM CANCELLATION CHARGE AS REQUIRED UNDER SECTION 12404.1 OF THE STATE OF CALIFORNIA INSURANCE CODE. NOTE: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage. LOAN POLICY EXCLUSION: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. OWNER'S POLICY EXCLUSION: • • • Page 5 SCHEDULE B Order No: 213740 - TB (continued) Reference: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar.creditors' rights laws. NOTE: If a ALTA Residential Title Insurance Policy form has been requested the following exception will be added to the exceptions from coverage: If in addition to a single family residence, your existing structure consists of one or more additional dwelling units, item 12. of `Covered Title Risks' does not insure you against loss, costs, attorneys' fees, and any expenses or other consequences of: 1. the forced removal.of any additional dwelling unit; or, 2. the forced conversion of any additional dwelling unit back to its original use. AA NOTE NO. 1: The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short -term) title insurance rate. 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N Qp�Qp n r 8 yevpU ' � W I j CO O0KCK) V %Q�9 G9C 1•• aj 1 ^. g8p N A6 t 0 PUm M P5.00 N 1 6V 4 }p o7co a 8 w 3 U4 n4 O O I� 1 A � \D .v x.•r�'co' w 7182 ?1 co W / /1t scam Gce f d IV .76' '35,/jr , w sGSO► N N/POMO ST. 0 9� 1�0 S, vi c� (v A/ .7G'S9' w ,' , N a Z g B _J =o�a, 5.00 Z D Da; -1 008 ogoo Qp�Qp z CO r 8 yevpU ' � W I j CO O0KCK) 0< m'f "' U z 00 -G o i o } ;��•?��� vA`W♦ R� 0 9� 1�0 S, vi c� (v A/ .7G'S9' w ,' , N a Z g B by . `I N Ix �n n - 4th I �e 4 g I I 0 a a' � r t ., • u& Na J� •O Z `t N K` 5.00 -1 008 U a E by . `I N Ix �n n - 4th I �e 4 g I I 0 a a' � r t ., • u& Na J� •O Z `t N • 0 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at.Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of-the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 the 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 inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. • Reorder Form No. 12599 (Rev. 10/91) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6 -1 -87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy 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 apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. 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 exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and 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. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys fees and expenses resulting from: 40 Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land • i AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4 -6 -90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4 -6 -90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been-sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. ® Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state. insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: . EXCEPTIONS FROM COVERAGE This policy does not insure against loss or dama9e (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 the 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 inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. e AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4 -6 -90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4 -6 -90) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) .' resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to.the above Exclusions from verage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 the 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 inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4 , , . . -