HomeMy WebLinkAboutD-144 Ptn Of Blk. 15, City Of Slo Recorded 08/07/19501 44 VOL 577 PAGE 195
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. Grant Dee
ATTILIO GAMBONI and NATALENE GAISONI
husband and wife
----------------------------------------------------------------------------------
(GRANTOR- GRANTORS)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby admowledged,
Do ... _.._ ....... Hereby Grant to._.__the CITY OF SALT LUIS OBISPO, a . ...................... - _. - -__
----•- ............................ ... ...............municipal_ corporation
••••••• ............................•--....... ............-- ............ -_...
the real property in the
County of ............. _ .... _ .............. San Luis Obispo State of California, described as follows:
All 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 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 South 530
35' West 176.67 feet from the most Easterly corner of said Block,
said point being the most easterly corner of the property conveyed
to Nathan Goldtree and Isaac Goldtree, by deed dated December 7,
1571, and recorded in Book C of Deeds, at page 573, records of said
County; thence along the Northeasterly line of the property so con-
veyed and the extension thereof North 360 22' West 125.50 feet to
tic- Southeasterly line of the property conveyed to Tab Marquez, by
deed dated January 24, 1919, and recorded in Book 125 of Deeds, at
page 4799 records of said County; thence along said Southeasterly
line North 530 38' East 126.67 feet to the Southwesterly line of
the property conveyed to Louis Fraga, by deed dated February 9,
1572, and recorded in Book C of Deeds, at page 741, records of said
County; thence along said Southwesterly line South 360 22' East
125.50 feet to the Southeasterly line of said Block; thence along
said Southeasterly line South 530 35' West 126.67 feet to the point
of beginning,
Dated . August ........ 21 ....... t ......... . ..... 19.50.. ....... . --- _- .... - .......... --- -
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---------------- - - - -•- – �� -. :' - ---- ... - .... -
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STATE OF CALIFORNIA
COUNTY OF
SS.
San Luis Obispo
On _ August 21 , -190 - - --
before me, —mod g Mr lite - -..—,
a Notary Public in and for said County and State, person-
ally appeared ATTILIO GAIMONI and
NATALENE GAHBONI
- ` Liown io me to be the person e whose name_8 - a•r e_.
r; su4oabe(1 to the within instrument and acknowledged that
t h e V executed the same.
_:_ -._ ... ..... ..............
WITV7' Tj� taa%nd and official seal.
(Seal) C�����
Notary Public In and for uid County and State.
C:y ccrnm:S!ion expirc',
octohcr 19, 1951.
My Commission Expires_.. —..— _
L-1 8.2748 20M
(Rev. 12-17)
SPACE BELOW FOR RECORDER'S USE ONLY
9628
RECORDED AT REQUEST OF
5�curlty- _Title- -Ins, an�_Rn ■ri ,d�f�
ATIZ. M!N. PAST_ Q. N)
VOl ;'_ - ticial Records p,L_
SAN L IS OBISPO COUNTY, CALIF.
S!_P? -1950
County Recorder
Fee Indexedi�✓
0OMp P
gRFa
WHEN RECORDED, PLEASE MAU, THIS INSTRUMENT TO
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RESOLUTION N0, 967 (New Series)
A RESOLUTION AUTHORIZING CITY CLERK TO ACCEPT AND
RECORD DEED OF REAL PROPERTY FROM ATTILIO GAMBONI
AND NATALENE GAMBONI, 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
receive and record a deed from Attilio Gamboni and Natalene
Gamboni granting to the City.of San.Luis Obispo the real property
described as follows:
All 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 on file
in the office of the County Recorder of said County, de-
scribed as follows: Beginning at a point on the South-
easterly line of said Block, distant thereon South 530 35'
'Nest 176.67 feet from the most Easterly corner of said
Block, said point being the most Easterly corner of the
property conveyed to Nathan Goldtree and Isaac Goldtree,
by deed dated. .)December 7, 1571, and recorded in Book C of
deeds, at page 573, records of said County; thence along
the Northeasterly line of the property so conveyed and the
extension thereof north 360 22' 'Pest 125,50 feet to the
Southeasterly line of the property conveyed to Tab Marquez,
by deed dated January 24, 1919, and recorded in Book 125
of deeds, at page 479, records of said county- thence along
said Southeasterly line North 530 35' East 12.67 feet to
the Southwesterly line of the Property conveyed to Louis
Fraga, by deed dated February 91 1572, and recorded in
Book C of Deeds, at page 741, records of said County;
thence along said Southwesterly line South 360 221 East
125.50 feet to the Southeasterly line of said Block- thence
along said Southeasterly line South 530 35' West 126.67
feet to the point of beginning,
and to pay to said grantors the sum of Nineteen Thousand Dollars
($199000.00) for said property, payable as follows: The sum of
Five Thousand and Five Hundred Dollars ($5,500.00) forthwith and
the balance of Thirteen Thousand and Five�Hundred Dollars
cl-
rr:
($139500.00) on January 5, 1951; provided that there be furnished
to the City of San Luis Obispo along with said deed, a policy of
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:•f1
title insurance in the principal amount of Nineteen Thousand
Dollars ($199000.00) showing title in the name of the City of
San Luis Obispo, free and clear of all incumbrances, save general
and special taxes for the fiscal year 1950 -1951• 00
PASSED AND ADOPTED this 7th day'of August, 1950,
by the following vote:
ATTEST:
VOL :577, PAGE 1.93
AYES: D.M. Carpenter, Wm. 0. Hall, Timothy I.O'Re�llyt Vl�oodWsilliams,
NOES: None
ABSENT: Tdnna
J. E.Brown
City Clerk
-2
Timothy I. O'Reilly
Mayor
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v& 57;• PA6,194
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 copy of
Resolution No. 967 (New Series), passed and adopted by
the Council of the City of San Luis Obispo on the 7th day
of August, 19504
WITNESS my hand and the seal of the City of San Luis
Obispo this 7th day of August, 1950.
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P -118 (Rev. 6-50) 6-26-50 10M
California lid Title Association standard Cr Te.
Copyright 1949 t
$ 19, 000.00 Charge for Title Insurance and Examination S b2.00 (A-1)-No. 33736 -SLO
SECURITY TITLE
INSURANCE AND
GUA ANTEE 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 OB ISP 0,
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 — — — —NINETEEN THOUSAND AND 00/100 - - -
- — — — — — — — — — — — — — 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. Unmarket8'bility, 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
!i
3. Any defect in, oil +lien or encumbrance on, said title, existing at the date hereof, not shown or referred to
in SCHEDULE.C; or
4. Any defect in thp execution of any mortgage or deed of trust shown in SCHEDULE C securing an indebted-
ness, the owner tai' 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.
ident
President.
l
P- 118 -A -B -C (Rev. 6 -50) 6 -26 -50 14M
CLTA Standard Coverage
On September 1,
is vested in
SCHEDULE A
lg 50 , at 9:35 o'clock a .m., the title to the land described in Schedule B
CITY OF SAN LUIS OBISPO
a municipal 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 5 on first page of this policy.
�Y wvffo ITi111
All 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 tine official map on file in the office of the County Re-
corder of said County, described as follows:
Beginning at a point on the Southeasterly line of said Block distant
thereon South 530 381 West 176.67 feet from the most Easterly corner of
said Block, said point being the most Easterly corner of the property
conveyed to Nathan Goldtree and Isaac Goldtree, by deed dated December
7, 1871, and recorded in Book C of Deeds, at paae 573, records of said
County; thence along the Northeasterly line of the property so conveyed
and the extention thereof North 360 221 'Nest 125.50 feet to the South-
easterly line of the property conveyed -to Tab Marquez, by deed dated
January 24, 1919, and recorded in Book 125 of Deeds, at page 479, rec-
ords of said County; thence along said Southeasterly line North 530 381
East 126.67 feet to the Southwesterly line of the property conveyed to
Louis Fraga, by deed dated February 9, 1872, and recorded in Book C of
Deeds, at page 741, records of said County; thence along said South-
westerly line South 360 221 East 125.50 feet to the Southeasterly line
of said Block; thence along said Southeasterly line South 530 381 West
126.67 feet to the point of beginning.
C
1. General and Special Taxes of the fiscal year 1950 -51, now a lien,
but not yet due and payable.
33734
P -9 (G.S.) 9 -1349 5M
"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 o "'" °' "%wa;
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CLTA Standard Cover age
Copyright 1950
SCHEDULE D
This policy does not insure against loss by reason of the following
matters which, if any such exist, may affect the title to said land, but
which are not shown in this policy:
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing agency or by the public records; and easements,
liens, or encumbrances which are not shown by the public records.
2. Bights or clafine of persons in possession of said land which are
eat shown by the public records.
3. Any facts, rights, interests, or claims which are not shown by the
public records, but which could be ascertained by an inspection of
1. SCOPE OF COVERAGE
This policy does not insure against, and the
Company will not be liable for loss or dam-
sge created by or arising out of any of the
In (a) defects, liens, claims, encum-
brances, or other matters which result in no
t a usloss to the inured; (b) defects,
lien, encumbrances, or other matters created
or occurring subsequent to the date hereof;
(c) detects, lien, encumbrances, or other
matters created or suffered by the insured
claiming such loss or damage; or (d) defects,
liens, claims, encumbrances, or other matters
existing at the date of this policy and mown
to the inured claiming such loss or dam-
age, either at the date of this policy or at
the date such inured claimant acquired an
estate or interest inured by this policy, un-
loss such defect, lien, claim, encumbrance
or other matter shall have been disclosed to
the Company in writing prior to the issuance
of thin policy or appeared at the date of this
policy on the public records. Any rights or
defenses of the Company against a aamod
inured shall be equally available against
any person or corporation who shall become
an inured hereunder as successor of such
named insured.
2 DEFENSE OF ACTIONS. NOTICE OF AC-
TIONS OR CLAIMS TO RE GIVEN BY
THE INSURED
The Company at its own cost shall defend
the inured in all litigation consisting of ac-
tion or proceedings against the inured, or
defenses, restraining orders, n n
or injuctio
interposed against a foreclosure or sale of
said land in satisfaction of any indebtedness,
the owner of which is insured by this policy,
which litigation in founded upon a defect,
lien, encumbrance, or other matter insured
I by this policy, and may pursue such
litigation to final determination in the court
of last resort. In case any such litigation
shall become known to any inured, or in
case knowledge shall come to nay inured
of any claim of title or interest which is ad-
verse to the title as inured or which might
cause loss or damage for which the Com-
pany shall or may be liable by virtue of this
policy, such insured shall notify the Company
thereof in writing. If such notice shall not be
qiven to the Company at least two s bo-
o appearance day in any such litiga.
tion, or if such inured shall not, in writing,
promptly notify the Company of any defect,
lawn, oncumbranco, or other matter inured
against, or of any such adverse claim which
shall come to the knowledge of such in-
sured, in respect to which loss or damage is
apprehended, then all liability of the Com-
pany as to each mourad having such knowl-
edge shall cease and terminate; provided,
however, that failure to so notify the Com-
pany shall in no case pre)udice the claim of
any Inured unless the Company shall be
pony shall have the right to institute and
prosecute any action or proceeding or do any
other act which, in its opinion, may be neces-
sary or desirable to establish the title, or my
inured lien 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
such action or proceeding, and all appeals
therein, and permit it to use, at its option,
the name of the inured for such purpose.
Whenever requested by the Company the
inured shall assist the Company in any
such action or proceeding, in effecting settle-
ment, securing evidence, obtaining witnesses,
prosecuting or defending such action or pro-
seeding, to such extent and in such manner
an is doomed desirable by the Company, and
the Company shall reimburse the insured for
any expense no incurred. The Company
shall be subrogated to and be entitled to
all costs and attorneys' foes incurred or ex-
panded by the Company, which map be r0-
coverable by the insured in any litfgation
dried on by the Company on behalf of the
said land, or by making inquiry at persons in possession thereof or by
a correct survey.
4. Mining claims, reservations in patents, water rights, claims or title
to water.
5. Any laws, governmental acts or regulations, including but not
limited to zoning ordinances, restricting, regulating or prohibiting the
occupancy, use or enjoyment of the land or any 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
insured. The word "knowledge" in this
paragraph means actual knowledge, and
does not refer to constructive knowledge or
notice which may be imputed by the public
records.
3. NOTICE OF LOSS. LINIITATION OF AC-
TION
A statement in writing of my loss 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 loss
or damage shall have been ascertained.
No action or proceeding for the recovery of
any ouch loss or damage shall be instituted
or maintained against the Company until
after full compliance by the inured with all
the condition imposed on the insured by this
policy, nor unless commenced within twelve
months after receipt by the Company of ouch
written statement.
4. OPTION TO PAY, SETTLE, OR COM-
PROMISE CLAIMS
The Company reserves the option to pay,
settle, or compromise for, or in the name of,
the insured, any claim inured against or to
pay this policy in full at any time, and pay -
mont or tender of payment of the full amount
of this policy, together with all accrued costs
which the Company is obligated hereunder to
pay, shall terminate all liability of the Com-
pany hereunder, including all obligation of
the Comp=g with respect to any litigation
pending and subsequent costs thereof.
5. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have settled
a claim under this policy, it shall be subroga-
ted to and be entitled to all rights, securi-
ties, and remedies which the inured would
have had 'against any person or property
in respect to such claim, had this policy not
been issued. rf the payment does not cover
the loss of the inured, the Company shall
be subrogated to such rights, securities, and
remedies in the proportion which said p
In
meat bears to the amount of said loss.
either event the insured shall txansfor, or
cause to be transferred, to the Company such
rights, securities, and remedies, and shall
permit the Company to use the name of the
inured in any. transaction or litigation in-
volving such rights, securities, or romodion.
S. OPTION TO PAY INSURED OWNER OF
INDEBTEDNESS AND BECOME OWNER OF
SECURITY
The Company has the right and option, in
case any loss is claimed under this policy
by an insured owner of an indebtedness no-
cured by mortgage or deed of trust, to pay
such Insured the indebtedness of the mort-
gagor or trustor under said mortgage or
deed of trust, together with all costs which
the Company is obligated hereunder to pay,
fn which case the Company shall become
the owner of, and such insured shall at
once assign and transfer to the Company,
said mortgage or dead of trust and the in-
debtedness thereby secured, and such pay-
ment shall terminate all liability under this
policy to such inured.
7. PAYMENT OF LOSS AND COSTS OF
LITIGATION. INDORSIINIIVT OF PAYMENT
ON POLICY
The Company will pay, in addition to any
loss insured against by this policy, all costs
imposed upon the inured in litigation car-
ried on by the Company for the inured,.and
In litigation retried on by the inured with
the written authorization of the Company,
but not otherwise. The liability of the Com-
pmy under this policy shall in no wee ex-
in all , the actual lose of the insured
and costs which the Company is ob-
ligated hereunder to pay, and in no case
shall such total liability exceed the amount
of this policy and said costs. All payments
under thin policy shall reduce the amount of
the insurance pro tanto, and payment of loss
or damage to an inured owner of indebted -
noes shall reduce, to that extent, the liabil-
ity of the Company to the insured owner of
said land.. No papmout map be demanded by
any insured without producing this policy
for indomoment of such payment.
8. MANNER OF PAYMENT OF LOSS TO IN-
SURED
Loss under this policy shall be payable,
first, to -nay iaeurad owner of indebtedness
secured by mortgage or deed of trust
shown in Schedule C in order of priority
therein shown, and if such ownership vests in
more than one, payment shall be made rat -
ably an their respective interests may appear,
and thereafter any loss shall be payable to
the other inured, and If more than one, then
to such inured ratably as their respective
Interests may appear. It there be no such in-
sured owner of Indebtedness, any loss shall
he payable to the insured, and if more than
one, to such insured ratably as their respec-
tive interests may appear.
S. DEFINITION OF TERNS
The following torms when used in this
policy moan:
(a) ' named insured ": the persons and
corporation named as insured on first page
of this policy:
(b) "the (neared ": such named inured
together with (1) each successor in owner-
ship of any indebtedness secured by any
mortgage or deed of trust shown in Schedule
C, the owner of which indebtedness in
named herein as an inured, (2) any such
owner or successor in ownership of any such
indebtedness who acquires the land do-
scribed in Schedule B or any part thereof,
by lawful means in satisfaction of said in-
debtedness or any part thereof, (3) any
governmental agency or instrumentality
acquiring said land undor an insurance con-
tract or guarantee insuring or guaranteeing
said indebtedness or any part thereof, sad
(4) any parson or corporation deriving an
estate or interest in said land as an heir
or devisee of a named insured or by reason
of the dissolution, merger, or consolidation
of a corporate named inured;
(c) land ": the land described specifi-
cally or by reference in Schedule B and im-
provements affixed thereto which by law
constitute real property;
(d) "date": the exact day, hour and
minute specified in the first line of Schedule
A (unless the context clearly requires a
different mooning);
(e) "taxing agency": the State and each
county, city and county, city and district
in which said land or some part thereof is
situated that levies taxes or .assessments on
real proport
(!) ' public records ": those public rec-
ords which, under the recording laws, im-
part contruative notice of matters relating to
said land.
10. WRITTEN INDORSEMENT REQUIRED TO
CHANGE POLICY
No provision or condition of this policy can
be waived or changed except by writing in-
dorsed 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 my statement in writing required to be
furnished the Company shall be addressed
to it at its home office at 530 West Sixth
Street, Los Angeles 14, California.