HomeMy WebLinkAboutD-411 Richard Street Recorded 10/28/1957W
TOO 915 PACE,493
X11, 7TED STAPES
LRTEItW,REV��
EDWARD J. RHYME and LILLIAN E. RHYME, husband and wife, For A Valuable Consideration,
receipt of Which is hereby acknowledged, Do Hereby Grant To CITY OF SAN LUIS OBISPO,
in the City of San Luis Obispo
a municipal corporation, the real property /in the County of San Luis Obispo, State
of California, described as follows:
That portion of the South 1/2 of Section 36 in Township 30 South, Range 12 East,
Mount Diablo Base- and Meridian, according to the official plat or plats of the
survey of said lands returned to the General Land Office by the Surveyor General,
described as follows:
Beginning at a point on the Northwesterly line of County Road No. 321, as conveyed
to the County of San Luis Obispo by deed dated September 5, 1946, and recorded in
Book 424 at page 179 of Official Records which is distant South 300 411 West 633.71
feet, from the intersection of said Northwesterly line with the Southerly line of
County Road No. 257 as shown on map recorded in Book 3, at page 34 of Record of
Surveys; thence North 72° 001 Pest along the Southwesterly line of the land described
as Parcel 2 in deed to the City of San Luis Obispo dated June 12, 1956 and recorded
October 3, 1956 in Book 861 at page 498 of Official Records, 100 feet to the true
point of beginning, said point also being the most Northerly corner of the land
described as Parcel 2 in the deed to the City of San Luis Obispo dated July 26, 1956,
and recorded July 30, 1956, in Book 856 at page 317 of Official Records; thence South
4-
30° 1 West along the Northwesterly line of the land last so described 232.50 feet;
thence North 72° 001 West 23 feet; thence North 30° 411 East 232.50 feet to South-
westerly line of the land described in the deed to the City of San Luis Obispo
recorded in Book 861 at page 498 of Official Records as aforesaid; thence South 72°
001 East along said Southwesterly line 23 feet to the true point of beginning.
Dated October 4, 1957
STATE OF (CALIFORNIA )
( ss.
COUNTY CF SAN LUIS OBISPO )
on Qntn'hr_r h- lQr,7 _ , before me, Jo Ann Neal a Notary
Public in and for said County and State, personally appeared
Edward J. Rhyne and Lillian E. Rhyne known to me to be the persons whose names
subscribed to the within instrument and acknowledged that �
t P o
b c
executed the same.
WITNESS my hand and official seal.
P�
o ry eUblie in an r said oun y and Mare'
r
My Commission Expires Jund 2, 1958
�r
so )
von 915 PAGE 494
`,MLUctCJ�Vy7LLyZ1 A�hMm yU IHij L7L,M'Z4i1N!G �Tl dt�c{SYag PU tHCHASE OF +'.'�- -ND a k3.h 4
BE IT RFsoLjTM by tits Cow.iui o.e tha City of San Luis MISPo e-0 fo110V0 u
1, Tl� t the .City Cleo k Jo h -,ruby authorized to purchase c+s - t,ain landa
nd 111gL , �� Ze for the total p���i�:e
3 fs kt r d sctibe' faEdward d„ e
prisms of 31.05,00.1-L.
2 o I'hAt the City Clerk is 3uur -,her authcrize to execcut a escrou mt;truc-
tioajs nsee� ay to roc txi said land &nd is farther authoriza:d to recoi =d
Board on bra&,,, of said City said deed.
3� Said land is described as followsc
That portion of tba South 3,/2 of Section 36 in Tcrmship 30 Snathy Range
East'. 11cunt Diablo Brien and Meridian., according to the official plat or
plats of the sure of said lands returned to the General land Office by
the Surveyor General described as follwa s
Beginning at a poir_t on thee Vor�hwesterly line of Wmty Road No, 324 9 as
coz.xeyed to the County of San Luis Obispo by deed dated September 5, 194+6.,
ound recorded in Book 424-at page 179 of official Records which is distant
South 3& � asst 633 0 ; l feet fr m the intersection of said Northwesterly
M-ze with the Southerly line of County Road Do. 257 as shown on map recorded
An Book 3, aat pags 34 of Record of Suaveys; thence Forth 72 DOO West a10147
the SouthwevUr7ly Uns of the land described as Farrel 2 in deed to the
City of San Luis Obispo dated June 12, 1956 and recorded October 3m 1956
In Book 864 at pace 498 of official Hecords, IM feet to the true point of
beginnings said point 0.so being. tae most Norther)y corner of the lend
described. as Parcel 2 in the deed to the City of Sun Luis Obispo dated
July 26s 1956, rind recorded July 30p 1956., in Book 856 at page 317 of Official
Recorda; thence South 300 41, West along the Worth-westerly line of the land
last so described 232.50 .feat; the=e Worth 7e OOa West 23 feat; thence
North 300 4118 Bast 2J2.50 feet to SoutImstorly line of the land described
In the deed to the City of Sass luls Obispo recorded in Book 864 at page 498
of Official Records as aforesaid; thence South 720 008 Fast along said South -
westerly Line 23 feet to the true point of beginnIngo
PASSED ABED AD()pTM this 28th day of October v 1957, by fide
roliowing moll call dote a
AYES; Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith,
Fred H. Lucksinger
140F.39 None
ABSU i s None
_LsL Fred H. Lucksin�er
Cr .
1. s AVEST
_ZsL J. H. FitzR trick
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IVOL 915 PAGE495.
rT„ H. Fitzpatrick, the duly ale ,- ted, qualified
arc y ; .Ws City- Clarks of the City WE
do seer -abyf certify that the foregoin.,g
eor e,ct Copy of Resolution No.. 3D3.__
p=assed and adopter' by the Ccuncil of
Obispo on the 28th day of
Saar Luis Obispo �
is a full., true and
—t1957 Series) o
the City of Nara
Aber _ F '1957
WITNESS my hand and the flea' of ':,he City of
Sen Luis Obispo this � 7th day of N�owember 9 1957
Document 14-1 3
T REQUEST ()F
AT sE3 1�91fi1, PAST ANY
�VOf� -Official Records P. 3
SAM LUIS OBISPO COUNTY# CALIF,
NOV 12 1951
II_
wt- ndexed d
OQt4r A f
al
P -118 (G.S.) (Rev. 3 -56) 6 -22 -56
Charge for Title Examination and Insurance $40.00 (A -1
•
No. 50653 -SLO
SECURITY TITLE INSURANCE COMPANY
a California corporation, herein called the Company, for a valuable
consideration paid for this Policy of Title Insurance
does hereby insure
CITY OF SAN LUIS OBISPO,
a_ municipal corporation.
together with the persons and corporations included in the definition of "the insured" as set forth in the
stipulations of this policy, against loss or damage not exceeding 8 1, 500.00 , which the
insured shall sustain by reason of:
1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated;
or
2. Unmarketab'ility, at the date hereof, of the title to said land of any vestee named herein, unless such un-
marketability exists because of defects, liens, encumbrances, or other matters shown or referred to in
Schedule B; or
3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred
to in Schedule B; or
4. Any 'defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebt-
edness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or
charge of such mortgage or deed of trust upon said land; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon
said land, except as shown in Schedule B, such mortgage or deed of trust being shown in the order of its
priority in Part Two of Schedule B;
all subject, however, to Schedules A, and B, and the Stipulations herein, all of which schedules and stipulations
are hereby made a part of this policy.
In witness whereof, Security Title Insurance Company has executed this policy by its author-
ized officers as of the date set forth in Schedule A.
Secretary President
An Authorized Signature
CLTA Standard Coverage
Copyright 1950
P -118 -A (G.S.) (Rev. 3 -56) 6 -22 -56
SCHEDULE A
0
1. On November 12, 1957 at 8: 50 o'clock a..m., the title to said land is vested in
CITY OF SAN LUIS OBISPO,
a municipal corporation.
Description of the land, title to which is insured by this policy, in the state of California, county of
San Luis Obispo,
That portion of the South half of Section 36 in Township 30
South, Range 12 East, Mount Diablo Base and Meridian, in the
City of San Luis Obispo, according to the official plat or
plats of the survey of said lands returned to the General
Land Office by the Surveyor General described as follows:
Beginning.at a point on the Northwesterly line of County Road
No. 324 as conveyed to the County of San Luis Obispo by deed
dated. September 5, 1946 and recorded in Book 424,, at page 179
of Official Records which is distant South 300 41' West 633.71
feet from the intersection of said Northwesterly line with the
Southerly line of County Road No. 257 as shown on map recorded
in Book 3, at page 34 of Record of Surveys; thence North 720
00' West along the Southwesterly line of the land described as
Parcel 2 in.Deed to the City of San Luis Obispo dated June 12,
1956 and recorded October 3, 1956 in-Book 864, at page 498 of
Official Records 100 feet to the true.point of beginning, said
point also being the most Northerly corner of the land described
as Parcel 2 in the deed to the City of San Luis Obispo, dated
July 26, 1956 and recorded July 30, 1956-in Book 856,'at page
317 of Official Records, thence South 30° 41, West along the
Northwesterly line of the land last so described 232.50 feet;
thence North 720 00' West 23 feet; thence North 30 41, East
232.50 feet to the Southwesterly line of the land described in
the deed to the City of San Luis Obispo recorded in Book 864,
at page 498 of Official Records as aforesaid; thence.South 72*
OW East along said.Southwesterly line 23 feet to the.true
point of beginning.
CLTA Standard Coverage
Copyright 1950
P -118 =B (G.S.) (Rev. 3 -56) 6 -22 -56
SCHEDULE B
•
This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except
to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in Para-
graphs numbered 4 and 5 . on Page 1 of this Policy.
PART ONE: This part of Schedule B refers to 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. Rights or claims of persons in possession of said land which are not 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 said land, or by making inquiry of 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' such restrictions, regulations or pro-
hibitions.
PART TWO: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the title
to said land or to which said title is subject:
1. General and special- County taxes of the fiscal year 1957 -58,
covering property herein described and other property. Amount of
first installment $24.86. Amount of second installment.$24.86..
Assessment No. .7225.
2. General and special City taxes of the fiscal year 1957 -58,
covering property herein described and other property. Amount
of first installment $9.00: Amount of.second installment $9.00.
Assessment No. 4035. . .
3. A lien to secure a bond covering property herein described
and other property, for Johnson Street et al., Project S -56 -1.
Annual installments thereon are payable with the City Taxes. Amount
due for the fiscal year 1957 758.. First installment $38.72. Second
installment $38.72.
4. Rights -of way or easements for public or private roads or high
ways across said property as the same now exist.
5. Any title or claim of interest.of the United States of America
or the State of California or claimants thereunder based on the
charge that said land was known to be mineral in character on
March 10, 1890 the date the survey thereof was approved by the
Surveyor General.
CLTA Standard Coverage
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,P- 118 -ST (G.S.) Rev. 8 -54
1. SCOPE OF COVERAGE
This policy does not insure against, and the
Company will not be liable for loss or dam-
age created by or arising out of any of the
following: (a) defects, liens, claims, encum-
brances, or other matters which result in no
pecuniary loss to the insured; (b) defects,,
liens, encumbrances, or other matters created
or occurring subsequent to the date hereof;
(c) defects, liens, encumbrances, or other
matters created or suffered by the insured
claiming such loss or damage; (d) defects,
liens, claims, encumbrances, or other matters
existing at the date of this policy and known
to the insured claiming such loss or dam-
age, either at the date of this policy or at
the date such insured claimant acquired an
estate or interest insured by this policy, un-
less such defect, lien, claim, encumbrance
or other matter shall have been disclosed to
the Company in writing prior to the issuance
of this policy or appeared at the date of this
policy on the public records. Any rights or
defenses of the Company against a named
insured shall be equally available against
any person or corporation who shall become
an insured hereunder as successor of such
named insured.
2. DEFENSE OF ACTIONS. NOTICE OF AC-
TIONS OR CLAIMS TO BE GIVEN BY
THE INSURED
The Company at its own cost shall defend
the insured in all litigation consisting of ac-
tions or proceedings against the insured, or
defenses, restraining orders, or injunctions
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 is founded upon a defect,
lien, encumbrance, or other matter insured
against 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 insured, or in
case knowledge shall come to any insured
of any claim of title or interest which is ad-
verse to the title as insured 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
given to the Company at least two days be-
fore the appearance day in any such litiga-
tion, or if such insured shall not, in writing,
promptly notify the Company of any defect,
lien, encumbrance, or other matter insured
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 insured having such knowl-
edge shall cease and terminate; provided,
however, that failure to so notify the Com-
pany shall in no case prejudice the claim of
any insured unless the Company shall be
actually prejudiced by such failure. The Com-
pany 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 any
insured lien or charge, as insured. In all cases
where this policy permits or requires the
Company to prosecute or defend any 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 insured for such purpose.
Whenever requested by the Company the
insured 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-
ceeding, to such extent and in such manner
as is deemed desirable by the Company, and
the Company shall reimburse the insured for
any expense so incurred. The Company
shall be subrogated to and be entitled to
all costs and attorneys' fees incurred or ex-
pended by the Company, which may be re-
coverable by the insured in any litigation
carried on by the Company on behalf of the
CLTA Standard Coverage
Copyright 1950
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. LIMITATION OF AC-
TION
A statement in writing of any 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 such loss or damage shall be instituted
or maintained against the Company until
after full compliance by the insured with all
the conditions imposed on the insured by this
policy, nor unless commenced within twelve
months after receipt by the Company of such
written statement.
4. OPTION TO PAY, SETTLE, OR COM-
PROMISE CLAIMS
The Company reserves the option to pay,
settle, or compromise for, or in the name of,
the insured, any claim insured against or to
pay this policy in full at any time, and pay-
ment 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 obligations of
the Company 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 insured would
have had against any person or property
in respect to such claim, had this policy not
been issued. If the payment does not cover
the loss of the insured, the Company shall
be subrogated to such rights, securities, and
remedies in the proportion which said pay-
ment bears to the amount of said loss. In
either event the insured shall transfer, or
cause to be transferred, to the Company such
rights, securities, and remedies, and shall
permit the Company to use the name of the
insured in any transaction or litigation in-
volving such rights, securities, or remedies.
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 se-
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,
in which case the Company shall become
the owner of, and such insured shall at
once assign and transfer to the Company,
said mortgage or deed of trust and the in-
debtedness thereby secured, and such pay-
ment shall terminate all liability under this
policy to such insured.
7. PAYMENT OF LOSS AND COSTS OF
LITIGATION. INDORSEMENT OF PAYMENT
ON POLICY
The Company will pay, in addition to any
loss insured against by this policy, all costs
imposed upon the insured in litigation car-
ried on by the Company for the insured, and
in litigation carried on by the insured with
the written authorization of the Company,
but not otherwise. The liability of the Com-
pany under this policy shall in no case ex-
ceed, in all, the actual loss of the insured
and posts 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 this policy shall reduce the amount of
the insurance pro tanto, and payment of loss
or damage to an insured owner of indebted-
ness shall reduce, to that extent, the liabil-
ity of the Company to the insured owner of
said land. No payment may be demanded by
any insured without producing this policy
for indorsement of such payment.
8. MANNER OF PAYMENT OF LOSS TO IN-
SURED
Loss under this policy shall be payable,
first, to any insured owner of indebtedness
secured by mortgage or deed of trust
shown in Schedule B in order of priority
therein shown, and if such ownership vests in
more than one, payment shall be made rat-
ably as their respective interests may appear,
and thereafter any loss shall be payable to
the other insured, and if more than one, then
to such insured ratably as their respective
interests may appear. If there be no such in-
sured owner of indebtedness, any loss shall
be payable to the insured, and if more than
one, to such insured ratably as their respec-
tive interests may appear.
9. DEFINITION OF TERMS
The following terms when used in this
policy mean:
(a) "named insured ": the persons and
corporations named as insured on first page
of this ,policy;
(b) "the insured ": such named insured
together with (1) each successor in owner-
ship of any indebtedness secured by any
mortgage or deed -of trust shown in Schedule
B, the owner of which indebtedness is
named herein as an insured, (2) any such
owner or successor in ownership of any such
indebtedness who acquires the land de-
scribed in Schedule A 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 under an insurance con-
tract or guarantee insuring or guaranteeing
said indebtedness or any part thereof, and
(4) any person 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 insured;
(c) "land ": the land described specifi-
cally or by reference in Schedule A 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 meaning);
(e) "taxing agency ": the State and each
county, city and county, city and district in
which said land or some part thereof is situ-
ated that levies taxes or assessments on real
property;
(f) "public records ": those public rec-
ords which, under the recording laws, im-
part constructive 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 any 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.
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"This plat is for your aid in locating your land with reference to streets and other
parcels It is not a survey. While this plat is believed to be correct, the Company assumes
no liability for any loss occurring by reason of reliance thereon."
SECURITY TITLE INSURANCE COMPANY
i�/Ipr