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HomeMy WebLinkAboutD-1917 Lot 1 of Section 3 of Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of SLO, County of SLO Recorded 06/29/2012i RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL DOCUMENT TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 A.P.N.: 053- 021 -028 JULIE RODEWAA San Luis Obispo County— clerk/Recorder Recorded at the request of First American Title Company N=oCI: soiptoasuIIz II�II�I�I�I�II�III�Y ASK 5/2912012 8:00 AM Titles: 1 Pages: 4 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 Above This Line for Recorder's Use Oniy This Deed Is being recorded for benefit of City of San Luis Obispo and is exempt from recording fees pursuant to Section 6103 & 27383 of the CA Government Code r �p FEE PAID EXEMPT STATE .File No.: 4009 - 4034821 (LB) GRANT 'DEED The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $NONE - GOV'T AGENCY ACQUIRING TITLE R&T 11922; UTY TRANSFER TAX $; SURVEY MONUMENT FEE $ computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and /or encumbrances remaining at time of sale, unincorporated area; [ X ) City of San Luis Obispo, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, San Luis Cemetery, a California corporation hereby GRANTS to City of San Luis Obispo, a Municipal Corporation the following described property in the City of San Luis Obispo, County of San Luis Obispo, State of California: Parcei' M That portion of Lot 1 of Section 3 of Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, described as follows: Commencing at stake marked O.C.2, which said stake is distant South 38 3/40 East, 528 feet from stake O.C.1, at the intersection of the Westerly line of Higuera Street with the South boundary line of the City of San Luis Obispo, California; Thence from stake O.C.2, North 220 15' East, 52 feet to stake O.C.4; Thence South 670 45' East, 209.4 feet to stake O.C.5; Thence South 220 15' West, 104 feet to stake O.C.6; Thence North 670 45' West, 209.4 feet to stake O.C.3; Thence North 220 1b' East, 52 feet to stake O.C.2 and the point of beginning. Mail Tax Statements To: SAME AS ABOVE \mA Grant Deed - continued Parcel B: Date: 06/28/2012 A right of way for highway and pipe line purposes, and incidental purposes, over that portion of Lot 1 in Section 3 in Township 31 South, Range 12 East, [Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, 5 feet in width on each side of a centerline described as follows:. Commencing at a stake marked O.C.2, which said stake is distant South 38 3/40 East, 528 feet from Stake O.C.1 at the intersection of the Westerly line of Higuera Street with the South boundary line of the City of San Luis Obispo, California; Thence North 690 15' West, 296 feet to stake R.W. on the Easterly line of the County Road leading from the City of San Luis Obispo, Calftrnla to the Town of Avila. Page 2 of 3 i A.P.N.: 053- 021 -028 Dated: 06128/2012 San Luis Cemetery, a California corporation Grant Deed - continued -7�idk- CA,7$4 ( `F' y: thorized Sign STATE OF )SS COUNTY OF Y1W cdrs p6/SPO ) On Public, personally appeared �11 Date: 06/28/2012 File No.: 4009- 4034821(LB) before me, , A. ���"TiQ�i�1'd . Notary e.A 5mr ?N who 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(les), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I:_certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission Expires: L. A. BERTRAND Commission # 1861726 z Notary Public - California s z ! San Luis Obispo County My Comm. Ej(Pm?S Sep 16.2013 This area for official notarial sea/ Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: Page 3 of 3 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED dated June ,ffl 2012, by and between San Luis Cemetery, a California corporation ( "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal 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 Grantor hereby consents to recordation thereof by its duly authorized officer or his agent. Date: a?/ '�-O CITY OF SAN LUIS OBISPO by: n owell Marx, Mayor ATTEST: Sheryll Schroeder, Interim City Clerk Schroeder. Snefu= -. To: Bourbeau, Charles Subject FW: Recorded Docs Reg. Cemetery Property Attachments: 20120717105319.pdf Charles, I send a copy of the Grant Deed to Neil to see who should have.these copies and answer the question about the property taxes. I've attached the documents and please let me know if you or someone in Finance are able to address the property tax issue. Thanks, Sheryll FromvneilhaviiWaoi.com f mailbo:neilhavlikiPed.corril Sent:. Friday,, July, 13, 20121:14. PM. To: Schroeder, Sheryll Subject: Re: Recorded Docs Reg. Cemetery Property Sheryll, since the property is in the city limit there should be no taxes due. Probably a letter to the Assessor's Office requesting that they cancel taxes is in order. Someone in Finance should be able to handle that. Perhaps Debbie Malicoat or Sally McAndrew could take care of it Neil - - -- Original Message= From: Schroeder, Sheryll <sschroedOslocitv.org> To: 'neilhavlik@aol:com' <neilhavlikOaol:com> Sent: Fri, Jul 13, 2012 11:17 am Subject: Recorded Docs Reg. Cemetery Property Neil, hate to bother you, hope retirement is going good. I received back from the County Recorder the documents for the Higuera Street property. There is a statement with it regarding the property taxes and when they are due. - I-have asked around as to who should get this and I've gotten no response. Can you help me with that Thanks, Sheryll. • , First American Title Company `, T • " c +► , i 899 Pacific Street t. � San Luis Obispo, CA 93401 Firs "5t American T,1de (805)786 -2038 Fax - (866)377 -9706 RECEIVE® JUL,) 42012, SLO CITY CLERK City of San Luis Obispo June 29, 2012 990 Palm St San Luis Obispo, CA Escrow No.: 4009 - 4034821 (LB) RECEIVED Re: Seller: San Luis Cemetery JUL 0 3 2012 Buyer: City of San Luis Obispo Property: Higuera Street SLO CITY CLERK San Luis Obispo, CA 93401 Dear Valued Customer: The above referenced transaction was recorded on June 29, 2012. Enclosed please find the following for your records: (Keep these instruments in a safe place as some of them cannot be replaced) Final HUD -I and /or Closing Statement PLEASE TAKE THE TIME TO READ THE FOLLOWING INFORMATION REGARDING PROPERTY TAXES. The fiscal year begins July 1 and ends June 30 of the following year. The first installment of taxes is'due November 1, and is delinquent December 10. The second installment of taxes is due February 1, and is delinquent April 10. If you do not receive a TAX BILL one (1):month riot to the delinquency date, a written request for same should be made to the County Tax. Collector. Be sure to include the Property Address and /or Assessors Parcel Number with your request. Where lenders impound funds for payment of taxes, they usually secure the Tax Bill. Should you have any questions or need further assistance, please contact the undersigned. If checks are included in this package, please negotiate as soon as possible. Sincerely, Lisa Bertrand Escrow Officer I be rtra n d@ fi rsta m. co m LB /dc Page. 1 of 1 I Rrst Americ • RECEIVED AU G 012012 899 Pacific St, San Luis Obispo CA 93401 SLO CITY CLERK San Luis Obispo 3 oz II Ilu I u III �I �I�I u VIII lu III I II� �u��� *0100112507390201053 *. Transmittal 7/21/2012 Order No: 4034821 City of San Luis Obispo 990 Palm St San Luis Obispo CA 93401 Enclosed please find 2 attached documents. First American Title Company Page. Count 8 Form No. 1402.06 Policy Page 1 ALTA Owner's Policy (6- 17 -06) Policy Number: 4034821 1100302PO50600 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company'l insures, as of Date of Polity and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:. 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not. properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing Improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violatlon or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any Improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or Intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter Included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided In the Conditions. First Ame -== TFtic Insw mice Company By wTTE9T (('/� � BECREfARY Form No. 1402.06 ALTA Owner's Policy (6- 17 -06) • 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 that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage.provided under Covered Risk 7 or 8. 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 (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured ": The Insured named in Schedule A. (i) The term 'Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. Policy Page 2 • Policy Number: 4034821 (ii) With regard to (A), (8), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "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 Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) 'Title ": The estate or interest described in Schedule A. (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that 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. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6- 17 -06) is Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to fumish the required cooperation, 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 cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that 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 representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that 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 any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 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 that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Panties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, Policy Page 3 • Policy Number: 4034821 attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Trde, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (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; adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the 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 under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays 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 executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant; the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6- 17 -06) • Policy Page 4 Policy Number: 4034821 (b) The Company's right of subrogation. includes the rights of the Insured to (d) Each endorsement to this policy issued at any time is made a part of this indemnities, guaranties, other policies of insurance, or bonds, policy and is subject to all of its terms and provisions. Except as the notwithstanding any terms or conditions contained in those instruments endorsement expressly states, it does not (i) modify any of the terms and that address subrogation rights. provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located.. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department. POLICY OF TITLE INSURANCE St A M E R ! � C First American Tide Insurance Company Form No. 1402.06 ALTA Owner's Policy (6- 17 -06) • • SCHEDULE A First American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.: 4009 - 4034821 Policy No.: 4034821 Address Reference: Higuera Street, San Luis Obispo, CA 93401 Amount of Insurance: $2,500.00 Premium: $395.00 Date of Policy: June 29, 2012 at 8:00 A.M. 1. Name of Insured: City of San Luis Obispo, a Municipal Corporation 2. The estate or interest in the Land that is insured by this policy is: A fee as to Parcel(s) A, an easement as to Parcel(s) B 3. Title is vested in: City of San Luis Obispo, a Municipal Corporation 4. The Land referred to in this policy is described as follows: Policy Page 5 Policy Number: 4034821 Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Parcel A: That portion of Lot 1 of Section 3 of Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, described as follows: Commencing at stake marked O.C.2, which said stake is distant South 38 3/40 East, 528 feet from stake O.C.1, at the intersection of the Westerly line of Higuera Street with the South boundary line of-the City of San Luis Obispo, California; Thence from stake O.C.2, North 220 15' East, 52 feet to stake O.C.4; Thence South 670 45' East, 209.4 feet to stake O.C.5; Thence South 220 15' West, 104 feet to stake O.C.6; Thence. North 670 45' West, 209.4 feet to stake O.C.3; Thence North 220 15' East, 52 feet to stake O.C.2 and the point of beginning. Parcel B: A right of way for highway and pipe line purposes and incidental purposes,. over that portion of Lot 1 in Section 3 in Township 31 South, Range 12 East; Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, 5 feet in width on each side of a centerline described as follows: First American Tltle Insurance. Company Form No. 1402.06 Policy Page 6 ALTA Owner's Policy (6- 17 -06) j Policy Number: 4034821 I L Commencing at a stake. marked O.C.2, which said stake is distant South 38 3/40 East, 528 feet from Stake 0.C.1 at the intersection of the Westerly line of Higuera Street with the South boundary line of the City of San Luis Obispo, California; Thence North 690 15' West, 296 feet to stake R.W. on the Easterly line of the County Raod leading from the City of San Luis Obispo, California to the Town of Avila. APN: 053- 021 -028 First American Tide Insurance Company Form No. 1402.06 ALTA Owner's Policy (6- 17 -06) • File No. 4009 - 4034821 SCHEDULE B • Policy No. 4034821 EXCEPTIONS FROM COVERAGE Policy Page 7 Policy Number: 4034821 This Policy does not insure against. loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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. Part Two: 1. General and special taxes and assessments for the fiscal year 2012 -2013, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Restrictions imposed by law regarding the sale and disposition of said land or a place within any mausoleum or columbarium, erected thereon resulting from the use or dedication of said land for cemetery purposes. First American Title Insurance Company N _ h 'JJ LO O au n ti yy o M ti afi�' a � ._ avob •osv �,� 7 rM a O 1I {Y 3Nb n �J a o Q o° vpjorr a Ozo U eft °m �y d :N� CL d �z Wl cc W ,sergo• v �J a � .. 4 W � G N 7i R A CO CE cl I•w. EL it i o�r W� C k b I 0 41 9 Q S M RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL DOCUMENT TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 A.P.N.: 053 =021 -028 FILED FEE At EXEMPT Vff JULIE RODEWA - ASK -- - San Luis Obispo Cou Clerk/Recorder 6/29/2012 Recorded at the request of 8:00 AM First American Title Company DOC#/: 2012035442 Titles: 1 Pages: -4 Fees '0.00 Taxes 0.00 Others 0.00 PAID $0.00 Space Above This Line for Recorder's Use Only GRANT DEED This Deed is being recorded for benefit of City of San Luis Obispo and is exempt from recording fees pursuant to Section 6103 & 27383 of the CA Government Code File No.: 4009 - 4034821 (LB) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $NONE - GOVT AGENCY ACQUIRING TITLE R&T 11922; CITY TRANSFER TAX $; SURVEY MONUMENT FEE $ computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and /or encumbrances remaining at time of sale, unincorporated area; [ X ] City of San Luis Obispo, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, San Luis Cemetery, a California corporation hereby GRANTS to City of San Luis Obispo, a Municipal Corporation the following described property in the City of San Luis Obispo, County of San Luis Obispo, State of California: Parcel A: That portion of Lot 1 of Section 3 of Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, described as follows: Commencing at stake marked O.C.2, which said stake is distant South 38 3/40 East, 528 feet from stake O.C.1, at the intersection of the Westerly line of Higuera Street with the South boundary line of the City of San Luis Obispo, California; Thence from stake O.C.2, North 220 15' East, 52 feet to stake O.C.4; Thence South 670 45' East, 209.4 feet to stake O.C.5; Thence South 220 15' West, 104 feet to stake O.C.6; Thence North 670 45'.West, 209.4 feet to stake O.C.3; Thence North 220 15' East, 52 feet to stake O.C.2 and the point of beginning. Mail Tax Statements To: SAME AS ABOVE 91,7 « I Grant Deed - continued Date: 06/28/2012 Parcel B: A right of way for highway and pipe line purposes and incidental purposes, over that portion of Lot 1 in Section 3 in Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, 5 feet in width on each side of a centerline described as follows: Commencing at a stake marked O.C.2,'which said stake is distant South 38 3/40 East, 528 feet from Stake O.C.1 at the intersection of the Westerly line of Higuera Street with the South boundary line of the City of San Luis Obispo, California; Thence North 690 15' West, 296 feet to stake R.W. on the Easterly line of the County Road leading from the City of San Luis Obispo, California to the Town of Avila. Page.2 of 3 A.P:N.: 053 - 021 -028 Dated: 06/28/,2012 San Luis Cemetery, a California corporation Grant Deed - continued y: thorized Sign r S a,Qr4 s4f r TNT /°ieG� C,4i-1Fde,�1j.I- 6-V6 STATE OF _)SS COUNTY OF Sly J-01 s D ,fISPO ) Date: 06/28/2012 File No.: 4009 - 4034821 (LB) On 6- Zg- / ;X , before me, /- , t4 - — Tp-,f".j 6 , Notary Public, personally appeared 5 tq-.*J.> 0- P 5m, 7-1-./ . who 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 person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission Expires: L. A. BERTRAND Commission # 1861726 z zNotary Public - California zz z ' San Lui; Obispo County My Comm. Expu,, Sep 16`01 , 3 This area for offldal notarial seal Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: Page 3 of 3 CERTIFICATE OF ACCEPTANCE * * * * * * * * * * ** THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED dated June L$, 2012, by and between San Luis Cemetery, .a California corporation ( "Grantor"), and the CITY OF SAN LUIS OBISPO, a municipal 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 Grantor hereby consents to recordation thereof by its duly authorized officer or his agent. Date:�� /,O ATTEST: 3A� e Sheryll Schroeder, Interim City Clerk CITY OF SAN LUIS OBISPO by: t1owell Marx, Mayor END OF DOCUMENT