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HomeMy WebLinkAboutD-1409 Apn 004-811-033 For Drain Easement Recorded 06/09/1994DEED N0. 1409 RECORDING REQUESTED BY The City of San Luis Obispo AND WHEN RECORDED MAIL TO City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 -8100 Doc No: 1994 - 035572 Official Records San Luis Obispo Co. Francis M. Cooney Recorder Jun 09, 1994 Time: 15:38 5] DEED OF EASEMENT FILED 'FEE PAID EX' iPT OLIT OF I FOR A VALUABLE CONSIDERATION, receipt acknowledged, Rec No: 00042863 NF 0.00 I ' I ;TOTAL 0.00 APN 004 -811 -033 of which is hereby BRIDGE STREET PARTNERSHIP, A GENERAL PARTNERSHIP, as Grantor hereby grants to the City of San Luis Obispo, a chartered municipal corporation, as Grantee,_ an irrevocable and perpetual easement in the City of San Luis Obispo, State of California, to wit: A permanent drainage easement to maintain. an improved creek in its present state, with the right of the Grantee to make further improvements, within Parcel B of Parcel Map 80 -128 recorded in Book 30 of Parcel Maps at .Page 55 in Official Records of the San Luis. Obispo County Recorder, lying southerly of the following described line: Beginning at the most Northwesterly corner of said property (POB), said point being on the Southerly Right -of -Way line of Bridge Street, thence South 0 30' West along the westerly line of said property 107.60 feet to the TRUE POINT OF BEGINNING (TPOB), Thence North 85 14' East 5.40 feet; Thence along a tangent curve, concave northerly, with a radius of 674.51, a central angle of 10 03' 36" and an arc length of 118.43'; thence North 65 31' East 60.001;• thence North 74 10' East 40.01, more or less, to the easterly line of said Parcel B. (See page 2 for signatures) DEED OF EASEMENT PAGE 2 APN 004 -811 -033 IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. Grantor; Bridge Street Partnership, a G n al Partnership, Dated: a7' Xame rinted: jonn r miyi Gen al Partner Carole P� ing Notary Acknowledg ent required on all signatures Signature of Trustee or Beneficiary required TR%199RfBENEFICIARY SIGNATURE Z&, j/ , tea', IS A 'PRO&% W BENEFICIARY (circle one) under a Deed of Trust dated 3 -aF - 90 executed by as instrument Number !lo�.b 3yk�1 �,%j of Official Records of the County Recorder of the County of Sah Luis Obispo. The trustee/ beneficiary hereby acknowledges the dedication of this easement. Name of Company Signature: Name printed: Title: Signature: Name printed:yE q Title: ' G: \wp51 \DReview \forms \esmtdeed..frm _BRIDGE STREET PARCEL A ti SCALE PARCEL B 0.74 O gbh °3j,;� / % /��� co J (,V 95 014' E o •3b'� r `I /� �� �'; f r r % 0, PARCEL - MAP 007120 30 PM 55 V1C11V17-),- 14"A/D A,, 77-5, Cl of II�I,illlllh 411�IIIII BRIDGE STREET PARTNERSHIP San WIS OBI SPO TO CITY OF S.L.O. Department of Community Development 990 Palm Street/Post Office Box 6109, San Luis Obispo, CA 93403 FOR DRAINAGE EASEMENT ATAPRINT N15581 Q a (V 9 VI Cn Lu w STATE OF CALIFORNIA COUNTY OF San Luis Obispo On this the 27th day of April 19 94 • before me, Cathy B. Hudak the undersigned Notary Public, personally appeared John E. King and Carole D. King c m E personally known to me Q M ¢ (� proved to me on the basis of satisfactory evidence Lu 3 Z to be the persons) whose names) are subscribed to the within instrument and < acknowledged to me that they executed the same in thei r authorized capacity(ies) and that by thel r signature(s) on the instrument the person(s), or u, the entity upon behall of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, r m 7 n w V) Notary' gnature W STNFC I SS. CO H 4 On before me, x personal appeared s Gull personally known 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 /their signature(s) on the instrument the person(s), or the entity upon behalf of which the a person(s) acted, executed the instrument. WITNESS my hand and official seal. N � �+ m G N Signature CATHY B. HUOAK NOTARY PUBLIC �' s' SAN LUIS OBISPO COUNTY CALIFORNIA My Commission Expires on June 7, 1994 FOR NOTARY SEAL OR STAMP rix wp K 71NA LESSI '" COMM. #1001650 NOTARY PUBLIC - CALIFORNIA i— • SAN LUIS OBISPO COUNTY My Comm. Expires Aug. 19, 1997 (Seal) 0 0 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement (APN 004- 811 -033) dated April 27 , 1994, from Bridge Street Partnership. A General Partnership John E King and Carole D. King 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: one- R.kQWwell, City Clerk : Kim Condon, Assistant City Clerk Rev. 12/92 End® OF DOCUMENT CITY OF SAN LUIS OBISPO By — 0�4, (2 Peg Pi rd, Mayor 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. 4. 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, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representa- tives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access'to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also incude environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as -of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized rep- resentative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and mem- oranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary informa- tion from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all ility and obligations to the insured under this policy, other an to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue ...... INI....fl..., ....A +k. ­1;­ Mh 11 K. ni, nAn A 1n +ha for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments underthis policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the Amount of In- surance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a im under this policy, all right of subrogation shall vest in WIFle Company unaffec1,ed by anyact of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have Form No. 1402.92 (10/17/92) ALTA Owner's Policy POLICY OF TITLE INSURANCE rt ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company BY Y&UL A5 (1(4' PRESIDENT J 278163 ATTEST X94 / SECRETARY