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HomeMy WebLinkAboutD-420 Final Order Of Condemnation Recorded 06/05/1961Guarantee Policy 81 .3.51 4 D � Title i LL: ag .. `420 Guarantee No. 65848 Fee $ 250.00 Insurance and Trust Company a corporation of Los Angeles, California, herein called the Company, does hereby guarantee THE CITY OF SAN LUIS OBISPO for whose benefit and protection this Guarantee is issued, in a sum not to exceed One Thousand and no/ 100----------------------------- - - - - -- Dollars that, as appears from an examination of the, public records in relation to the record title to the land herein described, said title is vested in BERNICE BROOKS MCFADDEN and THELMA BROOKS JEAN, share and share alike as to Parcel 1; and IRENE J._CARPENTER, as to Parcel 2. FREE FROM ALL ENCUMBRANCES, EXCEPT 1. General and special county and city taxes for the fiscal year.1959 -1960 a lien, but not yet payable... 2. An agreement relating to a party wall on'the northeasterly line of Parcel 2, extending 110 feet from Monterey Street_ southeasterly and at right angles with Monterey Street,.executed by Mary J. Lowe and H. H. Carpenter, dated June 27, 1918 and recorded.June 28, 1918 in book 121 at page 476 of Official Records. 3. A lease of ground floor space approximately 22 feet wide by 54 feet deep, divided into 3 rooms, situate in what. .is. known as the bank building on southeast.:,corner of,Monterey. and Court Street, dated September 10, 1925 executed by H.H. Carpenter as lessor and The Western Union Telegraph Company, as lessee for the term of 5 years from August 1, 1926, upon the terms, covenants and conditions therein provided recorded October 10, 1925 in book 2 at page 347 of Official Records. 4. An agreement relating-td a party wall on the northeasterly line of Parcel 2 executed by Olive B. Martin and W. B. Martin, her husband and Irene J. Carpenter, dated January 15, 1931, recorded February 27, 1931 in book 105 at page 435 of Official Records, said wall extending 20 feet from the southeasterly end of 110 foot party wall described and agreed upon between Mary. J. Lowe and H. H. Carpenter by instrument dated June 27, 1918, Page 1 420 • recorded June 28, 1918 and being continuation 110 foot wall and being in book 121 at page 476 of Deeds of and in same course as said at right angles with Monterey Street. 5. A Tease dated March 7, 1940, executed by Irene J. Carpenter as lessor and Standard Oil Company,.as lessee, for the term and upon the terms, covenants and conditions provided for in an unrecorded lease between the same parties therein referred to, recorded May 16, 1940 in book 274 at page 222 of Official Records, covering the following described land: Beginning at a point where the northerly line of Higuera Street intersects the easterly line of Court Street, and running thence northwesterly along the easterly line of Court Street 100 feet; thence at right angles easterly 72 feet more or less; thence at right angles southeasterly along the weslarly line of the lot owned by Clara J. Brooks, 100 feet to the northerly line of Higuera Street; thence southwesterly along the northerly line of Higuera Street, 72 feet more or less to the point of beginning. 6. A lease dated May 3,1950, executed by Irene J. Carpenter, as lessor and Standard Oil Company of California, a corporation, lessee, for the term and upon the terms, covenants and conditions provided for in an unrecorded lease between the same parties therein referred to, recorded June 14, 1950 in book 568 at page 34 of Official Records, covering the following described land: Beginning at a point where the northerly line of Higuera Street intersects the easterly line of Court Street, and running thence northwesterly along the easterly line of CourtStree_t 100 feet, thence at right angles northeasterly 72 feet more or less, thence at right angles southeasterly along.the westerly line of the lot owned by Clara J. Brooks, 100 feet to the northerly line of Higuera Street, thence southwesterly along the m rtherly line of Higuera Street, 72 feet-more or less, to the point of beginning. 7. A lease of Parcel 1, dated February 3, 1955, executed by Bernice McFadden and Thelma S. Jean, as lessor and Standard Oil Company of California, a corporation, as lessee, recorded April 7; 1955 in book 799 at page 157 of Official Records, for the term and upon the terms, covenants and conditions provided for in an unrecorded lease between the same parties therein referred to. DESCRIPTION: PARCEL 1: That portion of Block 17 in the City of San Luis Obispo, Page 2 county of San Luis Obispo, state of California, according to the map thereof recorded May 1, 1878 in book A at page 168 of Maps in the office of the county recorder of said county, described as follows: Beginning at the intersection of the southeasterly line of r Monterey Street with the southwesterly line of Osos Street as conveyed to the City of San Luis Obispo by deed dated July 23, 1877.and recorded September 14, 1877 in book J at page 186 of Deeds; thence along the southwesterly line of said Osos Street South 36° 10' East 129 feet 5-inches to the most easterly corner of the land conveyed to Olive.B. Martin by deed dated July 30, 1928, recorded July 30, 1928 in book 54 at page 103 of Deeds, the true point of beginning; thence along the southeasterly line of the said land conveyed to Olive B. Martin, South 54° 06' West 60 feet 7 inches to the northeasterly line of the land conveyed to Ysabel Pico and Virginia Pico, by deed dated August 7, 1871, recorded August 29, 1871 in book C atpage 409 of Deeds; thence southeasterly along the northeasterly line of the land conveyed by said last mentioned deed, to the northwesterly line of Higuera Street as conveyed to the City of San Luis Obispo by deed dated October 9, 1889, recorded January 11, 1890 in book 7 at page 5 of Deeds; thence northeasterly along the north- westerly line of said Higuera Street to the southwesterly line of Osos Street aforementioned; thence northwesterly along the said southwesterly line of Osos Street to the true point of beginning. PARCEL 2: That portion of Block 17 in the City of San Luis Obispo, county of San Luis Obispo, state of California, according to the map thereof recorded May 1, 1878 in book A at page 168 of Maps in the office of the county recorder of said county, described as follows: Beginning at the intersection of the southeasterly line of Monterey Street with the northeasterly line of Court Street as widened by deed to the City of San Luis Obispo dated June 4, 1877, recorded October 11, 1877 in book_J at page 232 of Official Records; thence northeasterly along the southeasterly line of Monterey Street, 72.55 feet, more or less, to the most westerly corner of the land conveyed to D. W. James, by deed dated August 17, 1891, recorded August 29,1871 in book C at page 413 of Official Records; thence south- easterly along the southwesterly line of said land to the north- westerly line of Higuera Street as conveyed to the City of San Luis Obispo by deed dated October 9, 1889 recorded January 11, 1890 in book 7 at page 5 of Deeds; thence southwegErly along said north- westerly line of Higuera Street, 72 feet more or less to the north- easterly line of Court Street aforementioned; thence northwesterly along said northeasterly line of Court Street as widened to the point of beginning. Page 3 The necessary and proper parties to be named defendant in an action to condemn the title to said land are: BERNICE BROOKS McFADDEN and husband of Bernice Brooks McFadden, if-married. THELMA BROOKS JEAN and husband of Thelma Brooks Jean, if married. IRENE J. CARPENTER and husband of Irene J. Carpenter, if married. "Any and all parties known to plaintiff or to which an examination of the premises will disclose as having or claiming any interest in said land" The address of the owners of said-land, used for tax purposes, as disclosed by the 1959 -1960 tax rolls are as follows: BERNICE BROOKS McFADDEN and THELMA BROOKS JEAN, c/o Bernice _Brooks McFadden,.177 McFadden Road,'Salinas, California. IRENE J. CARPENTER, 1637 Morro Street, San Luis Obispo, California IT IS Assumed for the purpose of this guarantee that the matters referred to in exceptions 1 to 7 inclusive will not be .affected by such action to condemn. Page 4 Guarantee Policy 81 -A 5 -55 This guarantee is issued subject -to the following conditions and stipulations which are hereby made a part of said guarantee; 1. The liability of the Company under this guarantee shall in no case exceed, in all, the actual loss of the persons for whose benefit and protection it is issued, and in no case shall such total liability exceed the amount stated 'on the first page hereof. 2. This guarantee does not include an examination of or a. report on: (a) - Taxes or assessments which are not shown as existing liens by the public records or by the records of any taxing agency. (b) Mining claims, reservations in patents, water rights, claims or title to water. (c) 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 prohibitions. 3. The following terms when used in this guarantee mean: (a) "public records ": those public records which, under the recording laws, impart constructive notice of matters relating to said land; (b) "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 property. In witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on October 9, 1959 at 7:30 a.m. TITLE INSURANCE AND TRUST COMPANY Attest Page 5 by �7 ,07 PRESIDENT SECRETARY I T TITLE INSURANCE AND TRUST COMPANY Attest Page 5 by �7 ,07 PRESIDENT SECRETARY • 127'.'PAGE-55 MOMIT "A" ?A? C'2% 1: That portion of Block 17 in the City of San Luis Obispo, county of San Luis Obispo, state Of Califo=ia, according to the map thereof recorded May 1, 1878 in book A at page 168 of Yaps' in the office of the county recorder Of said cotmty, described as follows.: Beginning at the intersection of the southeasterly line of Monterey Street toith the southwesterly line of osoo'Street:as conveyed to dW City of San'Luis Obispo by dedd dated July 23, 1877 and recorded September 14, 1877.in book. J at page 186 of Deeds; thence along the soutYnjesterjy linje of said..6sos. Street -South 36' 10' East 129 feet 5 indbas to themost easterly corner of the land conveyed to Olive ' B. Martin by deed dated Jtily.30, 1928, recorded July 30, 1928 in bbok 54 at page 103 of Deeds, the true point of beginning.; thence along the southeasterly line of the said land conveyed to olive B. Hartins,- South 540 061 Peat 60 feet 7 inch-es. to the northeasterly line of the land.conveyed to Ysabel Pico and Virginia Pico, by deed dated August.7, 1871, recorded August 29, 1871 in book C at page 409 of Deeds; theuce southeasterly along the northeasterly line of the land conveyed by said last mentioned deed, to the northwesterly line Of Higue-ra Street as conveyed to .the City of San. Luis Obispo .by deed dated October 9, 1889,.recorded January 11, 1890 in book 7 at page 5 of Deed:; thence northeasterly along the . northwesterly line of said fliguera Street to the southwesterly line of Oros Street aforementioned; thence northwesterly along the said southwesterly line of Osos Street .to the true point of i;eSinning. Document No.- RECORDED AT REQUEST -0F fta ------------ 2i�kjw PAST—Z�1�2�� VOL ... di-a:7.':O/R. P . ..... SAN LUIS OBISPO COUn-#-T.--C;AL. JUN 6 - 1961 ' County y �-- . co r — e r By- _.Deputy epu ty F ;eS ...... 9 _.-Indexed COMPARED a VOL 1127 PAGE . 54 1 operation, and maintenance of public parking places for the parking of motor 2 vehicles. 3 `Jn filing a copy of this emended Final Order of Condennatior with the County 4 iecorder of the County of 5aL, .Luis Cb , s .o, 3-rate of California, the fee simple 5 title to the real property described above shall vest in plaintiff, its su0- 6 cessors and assigns. 7 'Phat pursuant to `'ection 2486 (2) (b) of the California Revenue and Taxa- 8 tion Code, the Plaintiff's pro -rata share of the current taxes, penalties, and 9 costs are hereby cancelled. 10 i Dated: June 5, 1961. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF CALIFORNIA OF SAN LUIS OBISPO � SS 26 COUNTY I, A. E. Mallagh, County Clerk of the above entitled County, and ex- officio Clerk of tha S:Iperior Court 27 thereof, do hereby certify that the fnrebainF is a full, true and corract cony of th-I erdial on file in my office,, .a:td that I have carsfuily cor.pared the same 28 ve 140"'the orizinal. Witness, >•I as e3l of said Superior Court this.— y rof.. 19-61 _- -.. -- - ;.: C Clerk n =_Exr cio IL S ar Court 3, Deputy Clerk �2 /ILLIAM M. HOUSER.. JF ATTORNEY AT LAW 990 PALM STREET BAN Lu IS OBISPO. CAL LIBERTY 5 -8666 OAY B. LYON JiJwE 1' a I� t• M VC11127 11 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21' 22 2.3 24 25 26. 27 28 P-1'7 30 31 J ^� WIWAM M. HOUSER. JR. ATTORNEY AT LAW 990 PALM STRIE" BAN LUIS OMSP0, CALIFORNIA UnzmTv 8 -8888 Plaintiff Attorney for _. _ � ll n ✓ O' (SPACE BELOW FOR FUJNG STAMP ONLY) (ENDORSEDP FILED JUN .5 1961 L E MALLA6S Cm,e [ DEPUTY CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO, a municipal corporation, Plaintiff Vs, } NO. 24875 BERNICE BROOKS MCFADDEN, et al, } AMENDED FINAL ORDER OF Defendants ) COMMHATION Judgment of condemnation having been heretofore entered in the above- entitled action on.January 30, 1961, in the office of the County Clerk of the County of San Luis Obispo, otate of California, and it appearing to.the "satis- faction of the Court that the above -named plaintiff, pursuant to that judgment, has paid into Court for the defendants, BERNICS BROOKS McFADDEN and THEIMA B,WOKS JEAN, the sum.of 343,000.00, to be disbursed in accordance with the judgment. in condemnaticn. on. file herein as follows: To.Defendants, B"MNICE BaWKS MCFADDEN and T3UMh B,iOOKS JEGN, $1130000.002 as just conpemnation for the real property herein condemned. IT IS ORDERED ALID ADJUDGED: r,. tl D VDL iji The fee ,simple title to the following parcel of lands, situate in the County of San Luis Obispo, State of L'alifornia, described in "Exhibit An, n attached hereto and incorporated by reforence as though fully set forth herein, is hereby condemned to and taken for the public use stated in the complaint " .herein. The.fee simple title t) that real property is hereby condemned and taken V ��� OL PAGE 52 �� ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26i 27 28 29 30 31 32 WILLIAM M. HOUSER, JR. ATTORNEY AT LAW 990 PALM STREET SAN LUIS OBISPO. CALIFORNIA - LIBERTY 9 -8666 Attorney for plaintiff (SPACE BELOW FOR FILING STAMP ONLY) FILED JUN 5 .1961- 1%swupsH c�; ;FPUTY C; a.i -- IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO CITY 017 Sa LUI3 OBIsPO., a municipal ) . corporation, } Plaintiff } vs* ) NO. 24875 iiERNICE B"KS MCFADDEN, et a1, ) NDFD FINAL ORDER OF Defendants CONDEMRATION Judgment of condemnation having been heretofore entered in the above- entitled action on January 30, 1961, in the office of the County Clerk of the County of San Luis Gbispo, iltate' of California, an d it appearing to , the satis- faction of.the Court that the above -named plaintiff, pursuant to that judgment, has paid into Court for the defendants, DICE BROOKS McFADDEN and THELMA B W"S JrMN the sum of ,IL3 000.00 'to be disbursed in accordance with the ;} J .r .7 judgment in condemnation on file herein as follows: To Defendants, 3ElNIGE B'", ©KS 1►ICFADDFN and BOOKS dFP4, 000, 00.t as just condensation for the real property herein condemned. IT IS CaDEiM RRzI; ADJU- D�: VOLM7 PAGE 53 The fee simple title to the following parcel of.lands, situate in tie County of San Luis Obispo, State of 4-'alifornia, described in "Exhibit AN, attached hereto and incorporated by reference as though fully set forth hereih, is hereby condemned to and taken for the public use scat.--d in the complaint herein# The fee simple title tsD that real property is hereby.condemned and taken for the following public use, namely, for the acquisition, construction, 4 a II i1 a o V odsigp sin l usS °gsilRN 1s ouoD 3DIddo OdSISO SIfill NVS m panss j O > O vW-� V 07 m� rxi o M z p cn y n [C C�> s c p Z H z x _ v yw 3 a O WO v c vs ; z" otV(A > 3 z aO >� c> z H 07 G7 M m r> s O m y> r�i O m C m> a O m C7 2 O O m C :' 2 m X rl pq � ° c a > z � n w w xt z n = d oaq C, v tv O n o� W r r � y A � V 2 Z O �nrC -1 c �> ac cz H�e7Jx�y °�$C aro r�� >ma z z~ vz ? z r z m M iZ i�*7 ran O< y v N m < me O CA xa "; H ztnn� a O r Z,Z m O ,.A 2 a K�> H G < C H z C .z X 7 z •G z X < > m > H O py m ,.�, > > w rn �, O .m O ° > o c > �> s o z z tn z o v ° > z 70 n T� T Ono T Ono ® t r 9 CP (Corporation) STATE OF CALIFORNIA I COUNTY OF San Luis ObiaPo SS. On Ma 1 5, 1961 before me, the under- signed, a Notary Public in and for said County and State, personally appeared Wm • P. Barlow wknowq,fo- me4j),be-the Vice President, and -known to me to be W n �=' Secretary of the corporation that executed the s "t 'A WZh IA tr�tft.rrt; 160 rL to me to. be the persons who executed the m : qvv iAhin 'Instri� nt'pn Wg if of the corporation therein named, and E �r�cRoWTed�Ad o.me'Shat such. corporation executed the within instru- � "",2-.p sua�t:;t� {{S byrta�s or a resolution of its board of directors. .is in�tand' ��tl ct seal. �y s s: •r: ''' 'i' Ima P. Rudd 5italz� a, ,.e"Name (Typed or Printed) 9tary Public in and for said County and State