HomeMy WebLinkAboutD-142 Palm St Recorded 08/07/1950VOL
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TAMPS IN THIS SPACE
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I. R S. 5---- -• ----
. -- - HOWARD -Be - KIRTLAND -ate LOUISE A. _KIRTLAND,
Husband and Wife
(GRANTOR - GRANTORS)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Do_- __.._.- _...Hereby Grant to...___the- _CITY ---- 0F SAN LUIS OBISPO, a __
................................. ................ ••-- -• - -•- . municipal corporation................ - - --
the real property in the
San Luis ..... -
That part of Block 15' of the City of San Luis Obispo,
in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to the official
map of said City on file in the office of the County
Recorder of said County, described as follows; Begin-
ning at a point on the Southeasterly line of said Block
distant thereon North 530 38' East 128.83 feet from the
most Southerly corner of said Block, said point being
the most Easterly corner of the property conveyed to Ah
Louis, by deed dated May.28, 1881, and recorded in Book
N of Deeds, at page 77, records of said County; thence
North 530 38' East along the Southeasterly line of said.
Block, 83 feet; thence leaving said Southeasterly line
North 360 221 West 119. 25 feet; thence South 53 38'
West 83 feet to the most Northerly corner of the property
conveyed conveyed to Ah Louis, as aforesaid; thence South 36
East along the Northeasterly line of the property so
conveyed 119.25 feet to the point of beginning.
Dated ........ AuguBt ..._��...'..._...._..._195�... �4�i:e, - �iLrsa- -
STATE OF CALIFORNIA
COUNTY OF
SS.
.- ....------- Hlu --- Luis ..0?2IBPo ........ -- -
J
On _ Au ust / 1990
before me,
a Notary lic.in and for said County and State person•
ally appeared_- HOKARD B. KIRTLAN)5
—_ . c, :and LOUISE A. KIRTLAND
wn eo•me�•ta�Lie „tbe•Te3sotE— whose name are .
waltbacrilied'ttrElsE'tns�pment and acknowledged that
��AnAr
eaeouted; the same.
�U3TNESS mp rhdti¢ atrbfficial seal.- — - - -
(Seal) _
tlVotary Public In and for said County and State.
My Commission Expires
L -1 8 -27-48 20M
(Rev. 12 -47)
SPACE BELOW FOR RECORDER'S USE ONLY
WHEN RECORDED, PLEASE MAEL THIS INSTRUMENT TO
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1IflL i, 14 PAGE 5182
RESOLUTION NO.. TU (New Series)
A RESOLUTION AUTHORIZING CITY CLERK TO ACCEPT AND
RECORD DEED OF REAL PROPERTY FROM HOWARD B. KIRT-
LAND AND LOUISE A. KIRTLAND, AND TO PAY FOR SAID
PROPERTY.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
That the City Clerk be and he is hereby instructed to
i
receive and reoord a deed from HOWARD B. KIRTLAND and LOUISE A.
KIRTLAND granting to the City of San Luis Obispo the real property
described as follows:
That wart of Block 15 of the City of San Luis Obispo,
in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to the official
map of said City on file in the office of the County
Recorder of said County, described as follows: Beginning
at a point on the Southeasterly line of said Block
distant thereon North 530 39' East 125.83 feet from the
most Southerly corner of said Block, said point being
the most Easterly corner of the property conveyed to
Ah Louis, by deed dated May 28, 1881, and recorded in
Book N of Deeds, at page 77, records of said County;
thence North 530 38' East along the Southeasterly line
of said Block, 83 feet; thence leaving said Southeasterly Ape-
,,,,� Ay, th 360 22' West 119.25 feet; thence South 530 38' West
83 feet to the most Northerly corner of the property
conveyed to Ah Louis, as aforesaid; thencd South 36 22'
East along the Northeasterly line of the property so
conveyed 119.25 feet to the point of beginning,
and to pay forthwith said grantors the sum of Ten Thousand
Three Hundred and Seventy Five Dollars ($10,375.00) ::net for
said property; provided that there be furnished to the City of
San Luis Obispo along with said deed, a policy of title insurance
in the principal amount of Ten Thousand Three Hundred and Seventy
Five Dollars ($109375.00) showing title in the name of the City of
San Luis Obispo, free and clear of all incumbrances, save general c
c�
and special taxes for the fiscal year 1950 -1951; said policy of
title insurance to be paid for by the City of San Luis Obispo.
PASSED AND ADOPTED this day of Auggst, 1950,
to
—1—
by the following vote:
VOL 59 PAGE 83
AYES: D.M.Carpenter,Wm.0. Hall, Timothy I.0'Reilly, KlinPilliams
NOES: None Frank V. Woods
ABSENT: None
F 9 e
RECORDED AT REQUEST OF
Saco, ah, 7 f ile Ins, and GuamnW Ca
AT 6z: MIN.PAST_I�_.M.
VOL�Official Records p,a—o
SAN LUIS OBISPO COUNTY, CALIF.
14 1950
C =,� &wrdu 47
Fee $� .indexed
C!U n
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vot J i4 PAGE581
.A
I) J. E. Brown, the duly elected, qualified
and acting City Clerk of the City of San Luis Obispo,
do hereby certify that the foregoing is a full, true
and correct cony of Resolution No.968 (New Series),
passed and adopted by the �;ouncil of the City of
San Luis Obispo on the 7th day of August, 1950.
WITNESS my hgnd and the seal of the City of San
Luis Obispo this 7th day of August, 1950.
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P -118 (Rev. 11-49) 12 -849 10M '
California Land Title Aeeociatlon Standard r age.
Copyright 1949
810,500-.00 Charge for Title Insurance and Examination 8 58.00 (A -1) NO- 33676 -SLO
INSURAUCE AND
-SECURITY TITLE GUARAN EE COMPANY
a California Corporation, herein called the Company,
for a valuable consideration paid for this
POLICY OF TITLE INSURANCE
does hereby insure
CITY OF SAN LUIS OBISPO,
a municipal corporation
together with the persons and corporations included in the definition of "the insured" as set forth in the stipulations
of this policy, against loss or damage not exceeding TEN THOUSAND FIVE HUNDRED AND N01100 -
- - - - - - - - - - - - - - - - dollars, which the insured shall sustain by reason of:
1. Title to the land described in SCHEDULE B being vested, at the date hereof, otherwise than as herein stated;
or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarket-
ability exists because of defects, liens, encumbrances, or other matters shown or referred to in SCHEDULE
C; or
3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to
in SCHEDULE C; or
4. Any defect in the execution of any mortgage or deed of trust shown in SCHEDULE C securing an indebted-
ness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge
of such mortgage or deed of trust upon said land; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said
land, except as shown in SCHEDULE C, such mortgage or deed of trust being shown in the order of its pri-
ority in SCHEDULE C;
all subject, however, to SCHEDULES A, B, C, D, and the STIPULATIONS herein, all of which schedules and stip-
ulations are hereby made a part of this policy.
In witness whereof, Security Title Insurance and Guarantee Company has executed this policy by
its authorized officers, as of the date set forth in Schedule A.
Secretary. President.
Attest:
ice President
P,118- A -S-Cn (Rev. 650) 6-2650 14M
CLTA Standard Coverage
On August 14,
is vested in
SCHEDULE A
1950 , at 10; 15o'clock a .m., the title to the land described in Schedule B
CITY OF SAN LUIS OBISPO,
a minicipal corporation
The description of the land, title to which is insured by this policy is hereinafter set forth under Schedule B.
Liens, encumbrances, defects and other matters affecting the title to said land, or to which said title is subject are
hereinafter set forth under Schedule C. This policy does not insure against loss by reason of the matters shown or re-
ferred to under Schedule C except to the extent that the owner of any mortgage or deed of trust shown in Schedule
C is expressly insured in paragraphs numbered 4 and S on first page of this policy.
SCHEDULE B
That part of Block 15 of the City of San Luis Obispo, in the City of
San Luis Obispo, County of San Luis Obispo, State of California,
according to the official map of said City on file in the office of the
County Recorder of said County, described as follows:
Beginning at a point on the Southeasterly line of said Block distant
thereon North 530 381 East 128.83 feet from the most Southerly corner
of said Block, said point being the most Easterly corner of the property
conveyed to Ah Louis, by deed dated May 28,1881, and recorded in Book
N of Deeds, at page 77, records of said County; thence North 530 381
East along the Southeasterly line of said Block, 83 feet; thence leaving
said Southeasterly line North 360 221 West 119.25 feet; thence South
53° 381 West 83 feet to the most Northerly corner of the property
conveyed to Ah Louis, as aforesaid; thence South 360 221 East along the
Northeasterly line of the property so conveyed 119.25 feet to the point
of beginning.
nCn
1. General and special taxes of the fiscal year 1950_51, now a lien,
but not yet due and payable.
P -9 (G.S.) 9 -13 -49
N
940
0 " 38
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"This plat is for your aid in locating your land with reference to streets and other
parcels. It is not a survey. While this plat is believed to be correct, the Company assumes
no liability for any loss occurring by reason of reliance thereon."
SECURITY TITLE
This policy don not insure against lose by reason of the following matters which,
if any such exist, may affect the title to mid land, but which Am oat shown In tbie
policy:
1. Easements, liens or encumbrances not abown by either_ (a) thaw public records
in the county in which said land or my part thereof is siunted which impart
constructive notice of matters relating to such land, or (b) those public records
In the county or city in which said land or any port thereof is situated which
disclose existing tea or assessment lie" on such land.
2. Rights or claims of persons in possession of said land which are not shown
by those public records in the county in which said land or any part thereof Is
situated which impart constructive notice of matters relating to such land.
3. Any facts, rights, intuesta. or claims which are not shown by thew public
SCOPE OF COVERAGE
This policy do" not insure against, And the Company
will not be liable for low or damage created by or
,doing out of any of the following: (.) defects, lima.
claims, encumbrances, or other matters which result in
no pecuniary low to the financed; (b) defects, liens,
encumbrances, or other matters created or occurring
subsequent to the data bereef: (c) defects, liens.
encumbranw, or other =lien created or suffered by
the Insured clalmi -g such low or damage: or (d)
defects, liens, claims. encumbrances, or other matters
existing at the date of this policy and known to the
insured claiming such low or damage, either at the
data of this policy or at the date such insured claim-
ant acquired an estate or interest insured by this
policy, unless such defect, lien. claim, meumbrmee
or other matter shall have been disclosed to the
Company in writing prior to the issuance of this
policy or appeared at the date of this policy on
those public records referred to in Schedule D which
impart constructive notice. Any rights or defenses of
the Company against a named insured @hall be
equally available against my person or corporation
who shall become no insured hereunder " successor
of such named insured.
2. DEFENSE OF ACTIONS. NOTICE OF
ACTIONS OR CLAIMS TO BE GIVEN
13Y THE INSURED
The Company at Its own cost shall.defmd the in.
sured in all litigation consisting of actions or pro.
ceedings against the insured, or defenses. restraining
orders. or Injunction, interposed against a foreclosure
or sale of said land in mdofaetion of any.irdebt.
Adana, the owner of which is insured by this policy.
which litigation is founded upon a defect. lien, em
cumbrance, or other matter insured against by this
policy, and may pursue such litigation to final de.
termination In the court of last maarL
In cue any each litigation shall become known to
any insured, or in Cue knowledge shall come to my
insured of any claim of title or interest which is
adverse to the title ae Insured or which might muse
loss or damage for which the Company shall or may
Its liable by virtue of this policy, such Insured shall
notify the Company thereof in writing. If such notice
shall not be given to the Company at least two days
before the appearance day in any such litigation. or
if such insured shall not, in writing, promptly notify
the Company of any defect. lien, encumbrance, or
other matter Insured against. or of my each adverse
claim, which shall came to the Imowledge of such
insured, in respect to which Ion or damage is nppre.
bonded, then all liability of the Company m to each
insured having such knowledge shall cease and term.
Inste: provided, however, that failure to so notify
the Company shall in no cme prejudice the claim
of any insured unless the Company shall be act.
ually prejudiced by such failure. The Company shall
have the right to institute and prosecute any action
or proceeding or do my other act which, in its
opinion. may be necessary or desireable to establish
the title. or my insured If= or charge, as Insured.
In all cases where this policy permits or requires
the Company to prosecute or defend my action or
proceeding. the insured shall secure to it in writing
the right to so prosecute or defend each action or
proceeding, and all appeals therein, and permit it
to use, at its option, the name of the insured for
such purpose. Whenever requested by the Company
the insured shall assist the Company in any such
action or proceeding, In effecting settlement, se"r.
ing evidence, obtaining witnesses, prosecuting or de.
fending such action or pmeeeding, to such extent
And in such manner as is deemed deafreable by the
Company, and the Company shell reimburse the
insured for any expense so incurred. The Company
shall he eubrogated to and be entitled to all costs
and attorney's fees incurred or expended by the
Company. which may be recoverable by the in.
Anted In my litigation carried on by the Company
records in the county in which said land or any part thereof is situated which
impart contractive notice of matters relating to each land, but which could
be ascertained by an inspection of said land. or by making Inquiry of persons
in pomesalon thereof, or.by a correct survey.
4. Mining claims, meersations in patents, water rights, claims or title to water.
S. Any lows, governmental acts or regulations, including but not limited to
zoning ordinances. restricting, regulating, or prohibiting the occupancy, use or
enjoyment of the land or my improvement thereon, or any zoning ordinances
prohibiting a reduction in the- dimensions or area, or separation in ownership. of
any lot or parcel of land; or the effect of any violation of any ouch restrictions,
regulations, or prohibitions.
STIPULATIONS
on behalf of the insured. The word "knowledge" In
this paragraph memo actual knowledge. and does not
refer to conetruetive knowledge or notice which may
be imputed to the Insured by reason of any public
record.
S. NOTICE OF LOSS. LIMITATION OF
ACTION
A statement in writing of my loos or damage for
which it is claimed the Company Is liable under
this policy shall be furnished to the Company within
sixty days after such lose or damage shall have
been ucenained. No action or proceeding for the
recovery of any such lose or damage shall be lneti-
rated or maintained against the Company until after
full compliance by the insured with all the condi.
time Imposed on the Insured by this policy. nor
unless commenced within twelve months after receipt
by the Company of such written statement.
4. OPTION TO PAY, SETTLE, OR COM-
PROMISE CLAIMS
The Company ructvas the option to pay, settle, or
compromise for, or in the name of. the Insured, my
claim Insured against or to pay this policy in full
at any time, and payment or tender of payment of
the full amount of this policy, together with all
seemed costs which the Company is obligated here.
under to pay, shall terminate all liability of the
Company hereunder, Including all obligations of the
Company with respect to my litigation pending and
mbwquent costs thereof.
S. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have settled a claim
under this policy. It shall be eubrogated to And be
entitled to all rights, securities. And remedies which
the insured would have had against any person or
property In respect to such claim, had this policy
not been issued. If the payment does not cover the
lose of the insured, the Company shall be subrognted
to ouch rights, securities, and remedies in the pro.
portion which said payment bears to the amount of
said Into. In either event the insured .hall transfer,
or cause to be transferred, to the Company such
rights. securities. and remedies, and .hall permit
the Company to use the acme of the insured 1. any
transaction or litigation involving ouch rights, wmr-
Ities, or comedies.
6. OPTION TO PAY INSURED OWNER
OF INDEBTEDNESS AND BECOME
OWNER OF SECURITY
The Company her the right and option, in ease my
Ion is claimed under this policy by an insured
owner of an indebtedness secured by mortgage or
deed of trust, to pny each insured the Indebtednew
of the mortgagor or truster under said mortgage or
deed of trust, together with all coats which the Com-
pany is obligated hereunder to pay, in which can
the Company shall become the owner of, and such
insured shall at once assign and transfer to the Com-
pany, said mortgage or deed of trust and the indebt-
Adams thereby second. and ouch payment shall ter.
minate all liability under this policy to such insured.
7. PAYMENT OF LOSS AND COSTS OF
LITIGATION. INDORSEMENT OF PAY-
MENT ON POLICY
The Company will pay, in addition to my loss In.
eared against by this policy, all costs Imposed upon
the insured in litigation carried on by the Company
far the insured, and in litigation carried an by the
Insured with the written authorisation of the Com-
pany, but not otherwise. The liability of the Com-
pany under this policy shall in no case exceed, in
all, the actual low of the insured and Casts which
the Company is obligated hereunder to pay, and in
no case shall each total liability exceed the amount
of this policy and said coats. All payments under
this policy snail reduce the amount of the insurance
pro tanto, and payment of lose or damage to an
Insured owner of indebtedness shall reduce. to that
extent. the liability of the Company to the insured
owner of said land. No payment may he demanded
by any insured without producing this policy for
indonemcot of such payment.
S. MANNER OF PAYMENT OF LOSS TO
INSURED
Lau under this policy shall he payable. first. to any
insured owner of indebtedness secured by mortgage
or dead of trust shown In Schedule C. in order of
priority therein shown. and -if such ownenhip vasts
in more than one, payment shall be made ratably as
their respective interests may appear, and thereafter
any low shall be payable to the other insured. and
if mom than one, the. to such insured ratably u
their respective interests mny appear. If there be no
such Insured owner of indebte boem, any low aball
be payable to the inmmd, and if mom than one. to
such iuured ratably " their respective interests
may appenr.
9. DEFINITION OF TERMS
The term "named insured" when used in this policy
refers to and includes the persona and corporations
named on first page of this policy: and the term
"the insured" when used in this policy refers to and
includes such named insured together with (a) each
successor In ownership of any indebtedness secured
by any mortgage or deed of tenet shown in Schedule
C the owner of which indebtedness is named herein
as an insured, (b) any such owner or successor in
ownership of any ouch indebtedness who acquires the
land described in Schedule 11, at any part thereof.
(c) any governmental Agency or instrumentality ac.
quiring said land under an insurance contract or
guaranty Insuring or guaranteeing said indebtedness
or an v put thereof. and (d) any person or corpo.
ration deriving an estate or interest in said land
as an heir or devisee of a named Insured or by
memo of the dissolution, merger, or consolidation
of a corporate name Insured.
The term "land" when used herein shall be can.
armed to include the land described specifically or
by reference in Schedule 6 and improvements affixed
thereto which by law eonstimte real property.
The term "date" when used herein memo (unless
the context clearly requires a different meaning) the
exact day, hour, and minute specified in the first line
of Schedule A.
10. WRITTEN INDORSEMENT REQUIRED
TO CHANGE POLICY
No provision or condition of this policy can be
waived or changed except by writing indorsed hereon
or attached hereto signed by the President, a Vice.
President, the Secretary, or an Assistant Secretary
of the Company.
11. NOTICES, WHERE SENT
All notices required to be given the Company and
any statement in writing required to be famished the
Company shall be addremed to it at its home office
at Los Angeles, California.
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