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HomeMy WebLinkAboutD-144 Ptn Of Blk. 15, City Of Slo Recorded 08/07/19501 44 VOL 577 PAGE 195 J9.�L7 a:rL,•e7 , +i i:. n -:rYI t 1, ' iAAL REVENUE STAMPS n . 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.. ....... . --- _- .... - .......... --- - ,� . ---------------- - - - -•- – �� -. :' - ---- ... - .... - -•---•--•-•--••••••--••••-••-•-•••••••••••.....• •••••••••- •••••-- •••-- ••• -• -••• ---••-----••---••••••---•---•••-----....--•--•••---•---•------- •- ••------- •- •-- •••...... - -• - -- 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 ' h 4 o o d 41 em •m p , p p a o m S a C Q V Vp m a LJ7 I� T 0 A O 0 0 p c N N Q p m } 4' 0.; pm v N 0: pn N we d x m C .-07 C m m C V> 4 U m m m N 0 ,.0 m N 7 O' p j W 0 ,'%. N - ® •� $ Nz 0 y n y N N Uy o m y N as o N p"n Fo z N m e'er m ® tD N N f7 CJ 4' l7 C �•'� a y rA a 0 P w o¢ 6 0 °� m 5 0 z !iu V oye z ZZ� OV =a �M ��z0 g L�jj V HE V m O W O G A N vii W O !fin vii N •F. O 5 N �o d O 0 LJ7 I� T r 0 ,.0 G o • I� ^ ,� �fI iIN 5 N �o d O 0 r • I� ^ ,� �fI iIN va, 5.7 1 PA%192 s 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 zs :•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 [L'• M 1 m. f� I/T O� 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. v: m -o f cc u-r c br 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; lot apte-al w � � n O lilt. � O 1 ) •nLff� ` I)V" � - >2� �a y -7 7� a o_ j • °. O. —�x `s.Sa e_? o _` cNni �� PS -�"� °�4, m� c - cn --� Z = >= �_z �- °^"..luau= -i �,.� zc a� o jtn� >r =max o� eP1c rPP = -o > c - 7.eeq -'ya P ^a so�oca�y sum 0 �• n "- n o�o�e n ne> ? s^ -1 n�OG n_ °- t�f n mti•.�j a �n My O Cn ei�o> .q a +a vamm y 0 o> u a a - " a - f1 O o Z y _ - '� a - e_ o m °- O .r o [n a s T` c u m j, v - 0 _�y� ': `a�'so;x � >�a�•ia rn= '= v°���p ea•• _on nv -mv - � -'"C J$�O M ID d O �� Im x=` a O _ _. .o _ _- Q w � � u Im x=` a a • `- Q9 v ►� I) is II \ rn _ _. .o _ _- Q W a 13 (Rev. ) 7-8-M IOM 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.