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HomeMy WebLinkAboutD-863 Street Widening - South Higuera (Silver City) Recorded 09/15/1969` - fiECORDING REQUESTED BY TITLE INSURANCE AND TRUST COMPANY AND MMEN MCOMEO MAIL TO Name FCity of San Luis Obispo Street 990 Palm Add'°" ' San Luis Obispo, California Cs 9 3401 ,,; L J NAIL TAX STATEMDnS TO DOC. NO. 19632 OFFICIAL RECORDS SAN LUIS OBISPO CO., CALIF. WILLIAM E.`ZIMARI& COUNTY - RECORDER AUGI 71970 im r.01,4-A4 a COMPARED o 25162 r79 A00000.00 RECR o251017? Aoo(�o.00Tr SPACE ABOVE THIS LINE FOR RECORDER'S USE I Name street Address Same as above ^�^ 1• M. T, TRANSFER TAX City a! stn» L - p.�.� –_� 0 Signed —Part , r Agent Firm Name CITY OF SAN LUIS OBISPO Grant Deed I D.T.T. 5 .................... .................. ,.: ---- . ..... TO 405 CA 19 -e8t THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1 WILLIAM A. MOODY and R. ELAINE MOODY, husband and wife; and W. A. 0 CHISM and DOROTHY P. CHISM, husband and wife 1� hereby GRANT(S) to CITY OF SAN LUIS OBISP0 a municipal corporation rporation the following described real property in the City of San Luis Obispo County of San Luis Obispo , State of California: ti DESCRIPTION ATTACHED HERETO AND MARKED EXHIBIT "A" CONSISTING OF ONE PAGE. Dated August 15, 1969 STATE OF CALIFO RIA �SS. COUNTY.DF CX �C On 01 1 efore me, the under - siened. alNoL ublic in and for '4ai SiepjUsonally appeared o me t be the person_„�_w 1 am subscribed to the within instrument and acknow edged tha ecuted the same. WITNESS my Tofficial seal. Signature - 1135 ` 04�4e- /may Name (Typed or Printed) tt: (This area for official notarial Beal) Caner t dm Expires April 2nd, 1970 Title Order No. Escrow or Loan No. 95206—PP qq `]® MAIL TAX STATEMENTS AS DIRECTED ABOVE VOL15 19 PAGE . i n 0 y m i y (D ^ � mf 11 nmm ry srr > rm , r 0 m m n ,m n 0 y M ym �. I m M m F nr 0 - s m r� ¢ F�+ ?.+ r m F 1-! ✓ i n m ;Al h� r 95206 -CFF EXHIBIT "A" doL1579 PAGE 195 THOSE PORTIONS OF LOTS 12 AND_13 OF THE SAN LUIS OBISPO.SUBURBAN TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO.. STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1 PAGE .92 OF RECORD OF SURVEYS,.IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND.THAT PORTION OF LOT 9 OF THE HARFORD AND CHAPMANS SUBDIVISION, IN SAID CITY, COUNTY AND STATE, AS PER MAP FILED IN BOOK B PAGE 30 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, . DESCRIBED AS A.WHOLE AS FOLLOWS: .5 BEGINNING AT THE'MOST EASTERLY.CORNER OF LOT 1 OF KIMBALL ACRES, AS SHOWN ON MAP RECORDED IN BOOK 3 PAGE 12 OF MAPS, IN THE OFFICE 1� OF THE COUNTY RECORDER OF -SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY.LINE OF SAID LOT 1, SOUTH 260 15' WEST 92 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 640 23' WEST TO A LINE THAT IS PARALLEL WITH AND DIS- TANT NORTHWESTERLY 42 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE STATE HIGHWAY; 66 FEET WIDE (NOW KNOWN AS LOWER HIGUERA STREET) AS SHOWN ON SAID MAP OF KIMBALL ACRES; -- THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE.SOUTHWESTERLY LINE OF SAID LOT 9; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF.SAID LOT 9, TO THE NORTHWESTERLY LINE OF SAID STATE HIGHWAY; THENCE NORTHEASTERLY ALONG SAID STATE HIGHWAY TO THE POINT OF BE- GINNING. EXCEPT THEREFROM THE SOUTHWESTERLY 12 FEET OF SAID LOT 9. (END OF DESCRIPTION) doL1579 PAGE 195 ATTEST: ty -Clerk' END OF DOCUME 1 CITY OF SAN LUIS OBISPO By 363 _ QL1579 PxE196. CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated August 15 , 1969 from William A. Moody and R. Elaine Moody, husband and wife; and W. A. Chism and Dorothy P. Chism, husband and wife to the CITY OF SAN LUIS OBISPO, a Policital Corporation, is ` i hereby accepted by the undersigned officer on behalf of the N) City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo, County, California, (� and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: September 15, 1969 . ATTEST: ty -Clerk' END OF DOCUME 1 CITY OF SAN LUIS OBISPO By 363 _ QL1579 PxE196. Title Insurance and Trust Company 1141 CMORRO'STREET • P. O. BOX 810 • SAN LUIS OBISPO. CALIFORNIA 93401 • (805) 543 -2900 1 / Ifi MURRAY M. TAYLOR ASSISTANT VICE PRESIDENT o 1 AND MANAGER August lO , 1970 V Re: Escrow 95206 -PP Wm. A Moody et al City of San Luis Obispo 9.90 Palm Street San Luis Obispo, California 93401 Gentlemen: The above numbered escrow has been closed in accordance with instructions on August 17, 1970. The policy of title insurance is enclosed herewith. Your deed will be mailed to you from the office of the county recorder within a few days. We thank you for the privilege of serving you in this matter. Very truly yours, PP:lhc Phy is Ponomaroff Esc w Officer �6 � TO 1012 FC (7 -68) . California Land Title Association Standard Coverage Policy Form Copyright 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs; attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: I. Any defect in or lien or encumbrance on the tide to the estate or interest covered hereby in. the land described or referred to in Schedule C, existing at the. date hereof, not shown or. referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such tide; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, dness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy;. or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, hereto annexEtl , �PNGs AND Tp ' %I 111' ..,. • 'T s J •• C ME e IS P/2 O • V • • .j. 2 : �<V o-o °4ECRf1l8�1T},WY� :l�✓r •_I �Z e• °OO::::s °° •��� GELE5 1 GP= Schedules A, B and C and to the Conditions and Stipulations °or, Title Insurance and Trust Company has caused its seal to be hereunto affixed by its duly authorized officers Schedule A. Title Insurance and Trust Company. by PRESIDENT Attest Gl�y� iF SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land ": the land described, specific- ally or by reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "knowledge ": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date ": the effective date; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument; and (f) "insured ": the party or parties named as Insured, and if the owner of the in- debtedness secured by a mortgage shown in Schedule B is named as -an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner.of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or . interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reasons of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless this policy specific- ally provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways. unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this polity and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge. 4. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mort- gage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mort- gage as, insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance in- sured against by this policy, and may pur- sue any 'litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in case knowledge shall come to the In. sured of any claim of title or interest which is adverse to the title of the esiare or in. terest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the in- debtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same; or if the successful bidder at a foreclosure sale under a mort. gage covered by this policy refuses to pur- chase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. if such notice shall not be given to the Company within ten days of the receipt of process or plead. ings or if the Insured shall not, in writing, promptly notify the Company of any de. feet. lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing. promptly notify the Company of any such rejection by reason of claimed un- marketability of .tide, then all liability of the Company in regard to the subject matter of such action. proceeding or matter shall cease and terminate; provided- however, that failure to notify shall in no case prejudice the'claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the tide of the estate or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de- fense in 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 Com- pany the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting or defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. 5. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 4(b), 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 determined, and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a con- clusive bar against maintenance by the In. sured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to Pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) To 10131 AB C s+�'Ow a3 ' c� eaRep -1is 95206— CFF /WEW SCHEDULE A Premium $ 3 2.0 0 Effective Amount $ 10000.00 Date AUGUST 17, 1970 AT 8:01 A.M. Policy No. 95206 INSURED CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION i. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART I 1. Taxes or Assessments which 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. 2. 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. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining clalm s; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. TO 1012-16 Cont. C California Land Title Au daHoa Standard Coverage Palicl -1963 95206 -CFF SCHEDULE B— (Continued) PART II 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR 1970 -1971, A LIEN NOT YET PAYABLE. 95206 —CFF ii � d lem Poliq -1910 lmd� i=Ttlp . Vrth Street bwovenme Anessmait Coveraae w Amerlem tcmd Title Aaodatim ownees Poft Farm 8-1970 Caldfanta laud Title Aaodufion Standard Covmw Pormrl%3 SCHEDULE C The Iand referred to in this policy is desafl ed as follows: THOSE PORTIONS OF LOTS 12 AND 13 OF THE SAN LUIS TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 10 OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER AND THAT PORTION OF LOT 9 OF THE HARFORD AND CHA IN SAID CITY, COUNTY AND STATE, AS PER MAP FILED OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF DESCRIBED AS A WHOLE AS FOLLOWS: OBISPO SUBURBAN SAN LUIS OBISPO, PAGE 92 OF RECORD OF SAID COUNTY PMANS SUBDIVISION, IN BOOK B. PAGE 30 SAID COUNTY, BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1-OF KIMBALL ACRES, AS SHOWN ON MAP RECORDED IN BOOK 3, PAGE 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 260 15' WEST, 92 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 640 23' WEST TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 42 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE STATE HIGHWAY, 66 FEET WIDE (NOW KNOWN AS LOWER HIGUERA STREET) AS SHOWN ON SAID MAP OF KIMBALL ACRES; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE SOUTHWESTERLY LINE OF SAID LOT 9; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 90 TO THE NORTHWESTERLY LINE OF SAID STATE HIGHWAY; THENCE NORTHEASTERLY ALONG SAID STATE HIGHWAY TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTHWESTERLY 12 FEET OF SAID LOT 9. CLTA 107.8 (4-10-69) '(5-69) ALTA OR STANDARD COVERAGE INDORSEMENT ATTACHED TO POLICY NO. 9 5 2 0 6 ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth in lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nr. AN0T `II J`�P•'ME Is Pr�oR�s��`1�� do i =; �� `moo : i LIJ 0 Title Insurance and Trust Company SECRETARY 0 3 N N C 7 O � 3 A O W O N 1 4 < mix 1 N O y w nz o. W 3 _ o 3 � O C 3 _ 4 �^ n 0 0 N � O F o � 1 ti T W w O 0 n A 1 W Q n .� o _ NS W ( f 1 t s L CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against. by this policy, all costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1 ) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability. voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the. event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however- if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thirty days thereafter. S. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or, priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured "under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires tide to said estate or interest in satisfaction of said indebtedness or any part, thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of sub- rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty 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 and remedies in the proportion which said pay- ment bears to the amount of said loss. If loss should result from any. act of the In- sured, such act shall not void this policy. but the Company, in that event.: shall be required to pay only that part of any losses insured against hereunder which shall ex- ceed the amount, if any_ lost to the Com- pany by reason of the impairment of the right of subrogation. The .Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property. necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any iransaaion or litigation involving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release - a portion of the estate or .interest from the lien of the mortgage, or release any col- lateral security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgagei covered by this policy or, the tide of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon *or attached .hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home. Office, 433 South Spring Street, Los Angeles 54, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE AAS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. O Title Insurance and Trust Company 3 r Zy Z jV otso� soso Sol ao :asb -- -- M,�S,tpoSb6 ,s9�6 ,.�oa,bs.tb s oo'S zt a,�svvs' / 7'�tiWs'7SA�3 ,BO'SSi � ,4t e5z s - -- -' yid ti VIV,'7JV7 P7 oivr SOSO S07 OF 1/C VIVVO SOHONVY ,6-9 107 ,4 AGREEMENT THIS AGREEMENT, executed this 16th day of October , 1969, by and between W. A. CHISM and DOROTHY P. CHISM, WILLIAM A. MOODY and R. ELAINE MOODY, DONALD 0. GOOD and RUTH J. GOOD, hereinafter called Grantors, and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, witnesseth: 1. Grantors shall dedicate widening for South Higuera Street in accordance with normal City policy for subdivisions, construct curb, gutter, and sidewalks and make street excavation for widening across the entiie mobile home frontage. It is agreed that these improvements shall be constructed across the present trailer park frontage and the expansion at this time and across the balance of the frontage at such time as it is developed. 2. City agrees to relocate and reconstruct the irrigation stand- pipe and modify the irrigation line as required, provide all necessary engineering work for the above improvements, provide a property description and sketch of the land required for street widening and base and pave out the widened street to the new gutter. CITY OF SAN LUIS OBISPO > YOR ), X - 6 W. A. CHISM DOROTHY P. HISM .011 i uravna+L v. vvvu \ RUTH J. G06D ; Jgl� AGREEMENT This Agreement, made and entered into this 30 day of 1971, by and b etween Silver City Mobile Home Park, a California herein referred to as "Grantor," and.the City of San Luis Obispo, herein referred to as "City. It WITNESSETH: Whereas, Grantor is willing to grant an easement for sewer purposes to City as described herein, and transfer title to a force main constructed by Grantors to serve their mobile home park, and Whereas, City, in recognition of the dedication of such easement and force main to public use, is willing to remove and dispose of the existing pumping installation and connect Grantor's mobile home park to new sewer lines and facilities to be installed in accordance with City Plan No. 18 -71 without payment of fees. NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. Grantor hereby agrees to grant to City an easement for sewer purposes including but not limited to the installation of sewer collection, lift station and force main facilities a further description of which is set forth on Exhibit "A" hereto, and does hereby dedicate to said City and grant full City use of the existing force main now serving the Silver City Mobile Home Park. 2. City agrees to connect Silver City sewer collection facilities into the new facilities, to remove and dispose of existing Silver City pumping installation and to restore ground at the pump site and along the new installation to level condition, all in accordance with construction details shown on City Plan No. 18 -71. 3. City further agrees to permit Silver City to connect into the new sewer lines where they traverse Silver City property, and at one point where the City will install a sewer wye along the southerly boundary of the property without payment of fees for such connection. 4. City also agrees to assume all maintenance, operation, enlargement and re- placement costs of the new sewage collection and pumping facilities without direct cost to Silver City other than normal monthly sewer charges. IN WITNESS WHEREOF, this Agreement has been executed by: City Engineer Approved as to form: Ci ttorney Grantor: M(ay�or - - �f/��� ��ity Clerk a 46joJ0lle S ifJ 0 3 OV S 16' JOW /0,00, 26.00' �.;AAFI OR"/ '10-41f Cfz )YO, I ^JYA jr. s'. I� 46F. IYe6'0 JOY 190o 00' 39. 400' 1% 40or rxle Ir I So w e'r Afaw em cai A-f VVVY $' C&IJ" to cirr of 6fo4& :,q OQ O O 7�us A 00 a R . '' a a�a �- fps a�►ani io Carr OdF Xr dir 4z& /s o484f4p0 Paic¢/ No. Z•... sea 00a /6a/ /Ya. J /to j o � .'•'ifs• ti.�Jl'!4 /.:f': y 0 P, O, B,- -•• S? H /OI/EifA S7RffT T,PGo� ✓,�P,Lo ✓anua�y !971 1