Loading...
HomeMy WebLinkAboutD-1418 Let It Be Open Space - Laguna Lake - Christine Mulholland Peralta - APN 04-292-041r RECORDING REQUESTED BY • CITY OF SAN LUIS OBISPO AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: NAME CITY OF SAN LUIS OBISPO , STREET �/'1 ADDRESS P.O. BOX 8100 CITY, STATE & ZIP CODE SAN LUIS OBISPO, CA 934113 -8100 TIRE ORDER N0. ESCROW NO. 4 rrnr. C/ 7 e «sex GRANT DEED FILED FEE PAID( EXEMPT OUT OF STATE I Doc No: 1994-057 ?2 Rec No: 00070006 Official Records :NF 0.00 San Luis Obispo Co. : Francis M. Cooney : Recorder : Sep 30, 1994 : Time: 11:11 : 1 1 eQ 21 :TOTAL 0.00 — • SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $0 IR computed on full value of property conveyed, or ❑ computed on full value less liens and encumbrances, remaining at time of sales Agent FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), CHRISTINE MULHOLLAND PERALTA , (NAME OF GRANTOR(S)) a married woman, as her separate property grant to City of San Luis Obispo, a Chartered Municipal Corporation (NAME OF GRANTEE(S)) all that real property situated in the City of SAN LUIS OBISPO (or in an unincorporated area of) SAN LUIS OBISPO (NAME OF COUNTY) County, CA described as follows (insert legal description): (STATE) Lot 105 of Tract No. 683, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 8, 1981 in Book 10 at Page 68 of Maps. Assessor's parcel No. 04- 292 -04.1 Executed on 69--7 at STATE OF CAL 1 F U 112 W-LA COUNTY OF rjA N L u (5 OR? ) 5 P O On before me, Carol T. 05 4ertoL y iRU 1;r (NAMMITLE,i.s.'JANE DOE, NOTARY PUBLIC') personally appeared (" BRT4TTNF KJIEQLLAND PERALTA personally known to me (or proved to me on the basis of satisfactory evidence) .to be the person(s) whose name(s) is /are subcribed 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), r WC-orm Carol J. Osterloh ; or the entity upon behalf of which the V Comm 81001628 K person(s ted, executed the instrument. O TARY PUBLIC CALIFORNIAW AN LUIS OBISPO COUNTY O Elr nsAug. 119.199? + TNES y hand d seal. (SEAL) (SIGNA E OF NOTARY) MAIL TAX STATEMENTS TO: CITY OF SAN LUIS OBISPO P.O. BOX 8100, SAN LUIS OBISPO, CA 93403 -8100 Before you use this form, fill in all blanks, . and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer If you doubt the form's fitness for your purpose and use. WOICOtts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an Intended use or purpose. IIIIIIIII I I'1 II II III WOLCOTTS FORM 778 - Rev. 3 -94 (price class 3A) II ulI GRANT DEED 1 11 7 67775 33778 5 KIGM I 0 o. CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) ITITLESI ❑ PARTNER(S) ❑ LIMITED ED GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSONIS) OR ENTITYIIES) ©1994 WOLCOTTS FORMS, INC. 1 18 EXHIBIT A • • A city of s oBi SPO .................... . a ze 990 Palm Street/ Post Office Box 8100 - San Luis Obispo, CA 93403-8100 CERTIFICATE OF ACCEPTANCE The City of San Luis Obispo, a chartered municipal corporation of the State of California is accepting the following property from Christine Mulholland Peralta: Lot 105, Tract 683. 'V o- • t Wlu. Mayo Peg Pinard D' ne R. 61adv4411 City Clerk OThe City of San Luis Obispo is committed to including the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. END OF DOCUMENT Search Results Showing selected 1 of 1 Total Results Printed Mar 31 ,2025 9:59:56 AM Document Number Search- Web - Document Number where Document # equals 1994057092 1994057092 . DEED (GRANT,JOINT TENANCYOUIT) Recording Date 09/30/1994 12:00 AM No Related Documents Grantor PERALTA CHRISTINE M Grantee (2) GITYOFSLO sLocrwoF '{ r 994-057092 1 994-057092 1 994-057092 Doe No: 199t-057092 Off\ c,je{ Recordr San.-Luie Ohispo Co.t.' n.i€',iM. Cooney Recofder Sep 3O , 1Q9,4 Tirne: 11 : ijlt 2L- qdoud,ops L, -lVt o'. oo -RecN NF TOTC€LA o.00 , i".i. / -r ":. \. (, RECORDING REQUESIED BY AND WHEN RECORDED MAIL THIS DEL., AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME r-lCHRISTINE MULHOLLAND PEMLTA 1334 Diablo Drive San Luis Obispo, CA 93405 STREFI ADDRESS CITY STATE ztP __l Doc No: 1994-049403 Official Records San Lu'is Obispo Co.Francis M. Cooney Recorder Aug 19, 1994 Time: 14:1 5 t 2l Rec No:00060301 RF PEN 10. oo 6. O0 @o I TOTAL 16.00 f:EE PAiI]E,\T,\4FT SPACE ABOVE THIS LINE FOR RECORDER'S USE Iitle Order No. Escrow or Loon No. ALL PTN, OUT CF STAT; SUITCLAIM DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is S o CITY TAX SI computed on full volue of property conveyed, or I computed on full volue less volue of liens or encumbronces remoining of time of sole,I Unincorporoted oreo: E City of Snn T,rri q Ohi qnn ond FOR A VALUABLE CONSIDERATION, receipi of which is hereby ocknowledged TwUo C.?e.re-L*a-- hereby remise, releose ond forever quitcloim to CHRISTINE MULHOLLAND PERALTA, A Married Inloman, as her separate property the following described reol properly in the Ciry of San Luj_s Obispo County of San Luis Obispo . Stote of Colifornio: LOT 105 of TRACT NO. 683" in the City of San Luis Obispo, Counry of San Luis Obispo, State of California, according to map recorded May B, 1981 in Book 10 at page 68 of Maps 3t ot".' C .?ev'aLLc;-.thusband of the grantee herein executes this deed consideration paid by his property, and for vesting of the grantee as her for the specific purpose of acknowledging that the wife for the land herein described is her separate title to said property herein described ih-.the name separate property. DoieC Augus'€' 19, 1994 O C. PE STATE OF CALIFORNIA t I SS COUNTY OF On bef ore me, the undersigned, o Notory Public in ond for soid Stote, personolly oppeored n* ri;?:g the person whose nome subscribed io the within instrument ond ocknowledged thot - executed the some WITNESS my hond ond officiol seol. Signoture oreo for officiol noioriol seol) TT-104 (Rev 7/85)MAII TAX STATEMENTS AS DIRECTED ABOVE.BI84 Continental Land Tltle Company Subsidiary ol .leprcr"Ttl" lnsurance (grporation OFFICES IN. LOS ANGELES COUNTY 60 Unlversal CiIy Plaza. Unrversal City. CA 9i608 IBtsl 760-2700 ORANGE COUNTY l0l5 North Main sr.. sanra Ana. cA92701 17t4) 835-5575 RIVERSIDE COUNTY 3579 Arlington Ave.. Riverside. CA92506 17t4) 784-2120 SACRAMENTO COUNTY i565 Exposition Blvd.. Sacramento. CA 95815 l9t6) 920-4211 SAN BERNARDINO COUNTY 1998 Nonh Anowhead Ave., 9n Bernardrno. CA92406 (7 r 4) 883-898 r SANTA CTARA/AI-AMEDA COUNTTES 5l Nofth second St., San Jose. CA 951 13 I40Bl 286-8220 (4r 5) 886-6500 SAN DIEGO COUNTY 4542 Ruffnd St, San Diego, CA92l11 16191 278-417 t SANTA BARBARA COUNTY 200 E. Carnllo St.. Santa Barbara. CA 93 101 (8051 965-7091 VENTURA COUNTY 601 Daily Dr.. Camarillo, CA 93010 {8r8J 889:663r RECOROING REQiJESTED tsY AND WHEN RECORDED MAIL TO MAIL IAX STATEAENTS TO Doc No: 1994-048087 Rec No: Official Records San Luis Obispo Co. Francis M. Cooney Recorder Aug 15, 1994 Time: 14:39 lll RF o0058723 7. OO *.^"f &\, t it,n) tvl u,l h.o/l aa t pgra (tct -1 i'jff:,, blq Dr aoto b, , Stlt" 1Son h,ru 7htlar k |v+o5 _t @o TOTAL 7.OO spAcE ABOVE THtS LtNE FOR RECORDER'S U5E _ ,"*'gr,; oh^b t\l ul hA I a^ t ?"o /*: ^dsi;::: h1( prA//o lr , ''i.!; 1_S4n Lu is 0b,spo r & ?t4of _l gl1ggp CALIFORNIA _ ORANGE COUNTY OF .-,r;; !-,. STATE Ir" April 19, L994 before rne,B. Godfrey, a Notary public (Name, title 0t otliceFi.e., !ane ooe. Nolary Public") personally appeared Nancy L. e aldwell ii:-IJ r:::irAi a;(EviPt- eDs6sGt APN 04-292-04L BHtl",tnryi fr\1T,tf \ gttru.Fi i u trj fu #t_q q,s.1 ( ) comptrtccl on full valuc ol' I)1"()l)et't) corrr.cycrl, or. ( ) c<lnr1:trted on {irll valrte lcss valLre of'liens:rncl en<:urnbranccs lcrnirirrinl4 at tirne of'sale. ()Urrirrc<lr.1lrlr'ateclar.ea:()()itirtf--,llIttl O TO CONFIRM THE SEPARATE PROPERTY STATUS oF THE LAND coNVEYED HEREIN. I"OR A \'Al.LrABI,E CONSIDERATION, receilrt of it'hieh is herelry acknowledged, NANCY L. CALDI,TELL hereby RENIISETST. RELEASETST AND tOliEVIilt QUITCI-AI\lrS) to )H., L. CALiDkrnLL the follorling rlcst'ribed real propcrtv in the City of San Luis Obispoounty of San Luis Obispo state of California: LOT 105 of TMCT No. 683, in the city of san Luis obispo, countSr of sanLuis obispo, state of california, according to map recorded May B, 19Blin Book 10 at page 68 of Maps. Dated April B, L994 ancy L" Caldwell 0n pers0na pi"oved to me on the basis of to the wiihin instrunrent and the same in his/her/their authorized and the person(s), or the entity upon o1 WITNESS rny hand and official scal. name(s) lly known to me (or is/are subscribedCsm. Quitclaim Deed THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE le, Iiscrow or Loan NoTitle 0rder N trhln atr nnn!lIf,ENT (Seal) MAIL TAX STATEMENTS A5 DIRECTED ABOVE RECORDIN(j ltEQUi!.S'i li], r::r' AND WHEN RECORDED MAIL TO TAII TAX STAT€AENTS TO oD868Gt APN 04-292-04L n"^.lTh r r>l'rt e A(r lhol(a ,11pera. t*o1 l'j:::,, /334 Dtclala ) r ' g1'.. ;gn, Lu is Ob,5p o t 0T ?3 4-o {t1l Doc No: 1994-048088 Rec No: Off i ci a'l Records San Luis Obispo Co,Francis M. Cooney Recorder Aug 15, 1994 Time:14:39 RF ooo587 24 7.OO J Glo TOTAL 7 .00 SPACE ABOVE THtS LtNE FOR RECORDER'S USE _ n'^, fu r- ilh rv tvlwltvo I ban d. Q,na c L o-1 ^ii:::i tSaq Diat/o Dy. , ''i"!: ;San /ru|, Q$urt t r(k f3+o{ __l i:i: ;: r'i,,; ;,,:.:j!'4, ; ! .- r lT ar-- 9T.A.TE Quitclaim Deed YHIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE File, Escrow or Loan NoTitle Order No I lH*,tK,nilf,T1e,lf)-$",thl l'tl s //!t fu H 04:4 ( ) computecl on full valtre ol pr'opcl't)' convevccl, or ( ) cornputed on firll valtre less valtre of'licrrs arrd cnt'uurl;r'anccs rcrnuirrirrg :rt tinle of'sale. ( ) Unir.rcorpolated alea: ( ) City ot'- --, ancl O4 TO CONFIRM THE SEPARATE PRoPERTY STATUS oF THE LAND coNVEYED HEREIN. FOR A VALLIARI,E CONSIDERATION, receipt of \vhich is herebl acknorvledged, NANCY A. CURCI hereby RElllSErSt. ItEl.EASErSr AND [0ltE\ Illt QUIT(il-,\l]lrSr to JOHN L. CURC] the follorving dest'riltcd real propcrtv in theQlgy of San Luis Obispo countl'of San Luis Obispo state of Calii,rrnia: LOT 105 of TRACT No. 683, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May B, 1981 in Book 10 at page 68 of Maps. Dated April B, L994 fr- &ttot Nancv ca STATE OF CALIFORNlA lORANGE ss. COUNTY OF 0n May 20, 1994 before me,Michele Diane Minick (Name. litle ol olticeri.e.. lane ooe, Notary Public") personally appeared NANCY A. CURCI personally known to me (or proved t0 me on the basis of satislactory name(s) is/are subscribed to ths within instrument and acknowledg evidence) to be the person (s) whose executed nsVument ed to me that hel the same in his/her/their authorized c ity(ies) wnich his/heritheir re(s the person(s), or the entity upon of { WITNESS my hand and official seal lricfiolc Dlane Minick N,SLE. CALIFORNIA ON^llG€ qJilTY My Comm. Errr'll Oci. 24, r99s oFr ICIAL SE.AI. (Seal) Signature the in on the END OT DOCUi'dEN"i' MAIL TAX STATEMENTS AS DIRECTED ABOVE -.}') A-16-94-CC PURCHASE AND SALE AGREEMENT I-ot 105, Tract 683 THIS PURCHASE AND SALE AGREEMENT ("Agreement") constitutes an agreement bywhich CHRISTINE MULHOLLAND PERALTA ("Seller"), agrees to sell, and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ("Buyer"), agrees to purchase that certain real property ("Property") legally described as: Lot 105, Tract 683, BK 1"0, Page 68, Recorded May 8, 1981 The terms and conditions of this Agreement are as follows: 1,. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the property upon the terms and conditions herein set forth. 2. Purchase Price. The Purchase price of the Property shall be $5,300.00. 3. Payrnent of Purchase Price. Buyer shall pay the Purchase Price for the Property in full upon the transfer of the property as specified in this agreement. 4. Conditions of Title. Fee simple absolute title to this Property shall be conveyed by Seller to Buyer by grant deed in substantially the form set forth in Exhibit "A" attached hereto and incorporated herein, (which grant deed shall be fully executed and acknowledged by Seller) and subject to no reservations except as set forth in Exhibit "A' and subject only to the following conditions of title: A. Matters affecting the Conditions of Title created by, or with the written consent of Buyer. B. At the time this agreement is executed by Seller, Seller shall deliver to Buyer a Preliminary Title Report evincing the willingness of a Title insurer to provide a 1 A-16-94-CC policy of title insurance (C.L.T.A. or equivalent) in the amount of the Purchase Price showing title to the Property vested in Buyer. If Seller has not removed any exceptions disapproved by Buyer prior to the time for transfer of title, in addition to any other remedies available to Buyer, Seller shall return to Buyer any sums paid by Buyer to Seller. 5. Costs and Expenses. The cost and expense of the title report and insurance policy to be insured in favor of the Buyer pursuant to paragraph 4 hereof, shall be paid by Seller. The cost of drafting documents necessary to this transaction shall be born by the party responsible for furnishing the document. Recording fees, if any, shall be born by the Buyer. 6. Default. Seller agrees that if the within sale is not completed as herein provided by fault of Seller, Buyer, at its option may terminate this Agreement without any liability. The buyer shall not be entitled to recover out-of-pocket expenses. 7. Notices. All notices or other communication required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: Seller: Christine Mulholland Peralta 1334 Diablo Dr. San Luis Obispo, CA 93405 Buyer:City of San Luis Obispo Attn: Paul IrSage P.O. Box 8100 San Luis Obispo, CA 93403-8100 Notice shall be deemed given as of the time of personal delivery or forty-eight (a8) hours following deposit in the United States mail. Notice of change of address shall be given by 2 written notice in the manner detailed in this paragraph. 8. Economic Value. The parties hereto expressly recognize and acknowledge that the terms of this Agreement recognize this sale is at less than the full economic value of the Property, and the Seller may be eligible for tax benefits as a bargain sale. Any tax benefits to be utilized through a bargain sale are the sole responsibility of Seller. The Buyer agrees to accept bargain sale documents as pursuant to IRS rules and regulations. 9. Seller's Representations and Warranties. A. In addition to any express agreements of Seller contained herein, the following constitute representations and warranties of Seller which shall be true and correct as of the transfer of title (and the truth and accuracy of which shall constitute a condition to the Buyer accepting the transfer of title): (1) There are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof at law or in equity before any Court or governmental agenry, domestic or foreign. (2) Seller has not received any notices from governmental authorities pertaining to violations of law or governmental regulations with respect to the Property, and does not know of any which may have been received by their predecessors in interest. (3) Seller has no knowledge of any pending or threatened proceeding in eminent domain or otherwise by any public entity which would affect the Property, or any portion thereof, nor does Seller know the existence of any facts which might give rise to such action or proceedings. (4) There are no liens or encumbrances on or claims to, or J covenants, conditions and restrictions, easements, rights of way, rights of first refusal, options to purchase, or other matters affecting the Property except those previously disclosed and any rights conferred to Buyer by this Agreement. There is a dedication of perpetual open space to the City of San Luis Obispo included on Page 3 of the Tract No. 683 Mup, approved in 1981, a copy of which is included as Attachment C. (5) There is no material adverse fact or condition relating to the Property, or any portion thereof (including the existence of any underground tanks, pipelines, or hazardous material), of which the Seller is aware. The Buyer agrees to accept the Property in its existing condition. (6) Seller has the legal power, right and authority to enter into this Agreement, and to consummate the transaction contemplated hereby. (7) There is a fence, which was erected to keep cattle from grazing in the park land. If this fence has not been removed prior to completion of sale of I-ot 105, the City of San Luis Obispo, at its own expense, shall pay to have this fence removed from the property. This fence is indicated in red on Exhibit D. A11 other fences are to remain. (8) There are no fixtures on the property in which anyone other than Seller has any claim, rights, or security or other interest. (9) There are no service or maintenance contracts, management agreements or any other agreements which will affect Buyer or the Property subsequent to the transfer of title. (10) There are no encroachments onto the Property of improvements located on any adjoining property nor do any improvements located on the Property 4 encroach onto any other adjoining property of which the Seller is now aware. ( 1 1) In the event that, during the period between the execution of this Agreement, and the transfer of title, Seller has actual knowledge of, learns of, or has a reason to believe that any of the above representations or warranties may cease to be true, Seller hereby covenants to immediately give notice to Buyer of the change in circumstances. Upon Seller notifying Buyer of the change in circumstances, Buyer may terminate this Agreement, and all funds delivered to Seller in connection herewith shall be immediately returned. 1,1. Name of Property. It is the intention of the Seller that the property be known as "Let It Be Nature Preserve." 11. Use of Property. As the name implies, it is the intention of the Seller that said property forever remain in its natural state and forever be open space, and that no buildings or structures of any kind be erected thereon. The Seller intends that the property be let be as it currently exists. Whenever anything is suggested to change the property from its baseline condition at the time of the sale, the City of San Luis Obispo shall just let the property be, i.e,leave it alone. It is expressly understood and agreed by and between the Seller and the Buyer, that in case Buyer ceases to use the above described property, as in the manner and for the prescribed uses and purposes, and with the limitations and upon the conditions hereinabove set forth, that then and in that case the Property herein before conveyed shall be offered for sale, at the original selling price, to Christine Mulholland Peralta, Seller, her heirs, executors, administrators, or assigns. The restrictions hereby imposed upon the use of the subject property by Seller and the acts 5 which the City of San Luis Obispo shall refrain from doing upon the subject property are, and shall be, as follows: (1) No structures will be placed or erected upon said premises. If desired, see-through fencing appropriate to open space preservation may be allowed; if approved by the city's Architectural Review Commission. (2) No signs, billboards, similar structures or devices, or advertising of any kind or nature shall be located on or within the subject property, with the following exception: An interpretive sign shall be erected on the southwest side of the property which will introduce the area as the edge of Laguna Lake Park. The sign should contain the name of the "Let It Be Nature Preserve" and should address the importance of areas where grasslands meet the marshlands. (3) The City of San Luis Obispo shall not plant nor permit any revegetation upon the subject property. (4) The general topography of the subject property shall be preserved in its natural condition. No grading shall be allowed. (5) No extraction of surface or subsurface natural resources shall be allowed. (6) No removal of natural vegetation shall be allowed except for fire protection as approved by the Community Development Director. L2. Survival of Conditions. The covenants, agreements, representations, and warranties made in this agreement shall survive the recordation and delivery of the Grant Deed conveying the Property to Buyer. 6 13. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the successors, heirs, and assigns of the parties hereto. 14. Recorded Action of Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely Transfer of title in accordance with the provisions hereof. 15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. 16. California Law. This agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with California law. 17. Waivers. No waiver by either party or any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 18. Caption. The captions, paragraph and subparagraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of intent of such paragraph or this Agreement, nor in any way affect this Agreement. 19. Interpretation. The parties agree that each party and counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are 7 to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. INWITNESS WHEREOF, the parties hereto have executed this d.Agreement on this 3o day of Se pfeas €R* , rss4 SELLER BUYER CHRISTINE MULHOLLAND CITY OF SAN LUIS OBISPO //rrr*;v,t,,l/M^u an'C^-hByBy APPROVED AS TO FORM: Mayor ATTEST: fee Pinara R. I 8 9.t o. /,Ue?pzAT€O NOTAPHL %f,{o#ffif**/ uu .1. i.i ,. i i:i t !- ,1, 30/L aEPOET ^lOrEA sr/ reparl uas ,orep, are.d an Oc/ober /? , /g 78. h7 or Under /he drechfn or'd&[/t-E-tttitarns, erc. r|/a. /O77f, o/ Cbnlra/ Coos/ labara/orres . tral CCO //64 E R trh1:.ff' uFlt?on il/L Pappr tprE E-sr rtp,+, ry@ FEpd e, fu, E, /gZA h, e arpb, llE41ac *a af PQJ -gt/tfzt rs, pC C tA lA 14 ar' &rfio/ fusldotuzrblit- E l CCO/IA ffi vl--lttogll ht TM ffiND ufulu$& CF.RNF'CATE OF EIVGITi'EER g2rn lil--Lnn CEFNRCATE OF CITY E't,G'II'Effi ae@@B& Ftura1 iedar*shl d Jrb utqt& J zu& rytzdt67!fr1AgAc_tJLtu CERNNCATE AF THE PLANNI'VG @MM'.SSO\Ir A'*Hffi"ffi C€RNNCA'TE AF THE CITY' AJrRK Ft4 a I *4 Qaa rHmxta -&,sza ,E4rlr&aEeaxrdtt ) - _lnnrearyuD&t 5e &c ,cq fiECORDEfI"S CEFNF'CAE W-ffif arqzW b*)tr"tdtsi*ry TRACT NO. 683 IN THE CITY ff SA'V II"S OA'SPO Et /O A mnAU AF 4a' o7 e A.pQ aua4 E ta a!'AW U t2AntU 4? uAp cte .t. M, a AO t4 E aptz*r la et & ptP e, ad€ */t al r\re ftaE ctA/ z//t oeb caw7T, glatt F aQ/m//A. s.8.8. ESTATES erz4a. at€r7 aa/w/& +ao Ouc*/..f aad ^ot 7sr2 &a4t A/'/ono grlttl $ :Otr - 'dl sry 68 ( -'.'c'\\ \ -t' tl -.j vtct$trY MAp ll0rE,5 t k." b lo5 O&t Valbq W liun lolt i ll b ic E i tt, tafi l*S(ercepl' fr.P'6 dca/td dn zka).t./a'2/& j I let*tte lob & t otd', /aJ at/c arb/.tcl rt) AEltt'..'! 1' PevEs &Trm6aan ryowit lol lE E rbl a buildoblc atlc / I I 4 All blt aE o.blel b o b' puc a4locnl bo' qtrca"ll br uthrground ulthltea t Art blo de a'Oel b o /O''/rce/ lrc L&.'rerr! !NJ\\'e',' b o// 6r>ceb tbr lte rplo/lohon ond mi'nLrtot,.'? ,'/ C\ttel hes O 106l lW /d./ o/lo*ob./a tloi/ tt ,'?',' atcLol or) ttt J,tu CdrtlruclDn ? A mtntmum /O'r@r'gortl glboct lTun !?6 e2'tzt.'ot' *V// @y h o// dtrlAng lAlrdohorD b An druv; 'blafl lft' ebw/ton ac aub1a, b nnuntto.ttc': (*J'rtq .7 /truu qettr t/trz'l , ld /05 rt @rptd a1 ryn qocc &'srte.,t dtu) eoflfd la lltc olu n itubnts arottwld m totb U lln' /o( tt// 'N' "t' '|'rt'-6 la*- t lE lol furc t'c /o 'dtttl itz t'/oo/iott ilb I il'aidni attotci? (, to/s & lo /o5 ctc?.pl 2s alprnred on qra/tzt o/tfnl* lho euMtvigion ,t';; ;;;*: ;;; ; ;;;-tra (,2 / ua ne b t t da I do q h att s c' a' c e " o t': t' lu / / d /ry' \ - otcOl fuap'otd cfun ltnt lancc sfutbea//o*ed bc/an E/ /zL' TRACT No. 683 YALLEYCRIST ESTATES ln lha Ctly of Son Lurs oDispo ,ary o porlbtl ol ;o! !r'i d' Mro ibrar) a /.4 M at' L2 logurto k7.l@ tel u' b H ot\t lzt & d rwl lb 4M Ft LW &r* 9 tW. .T n 'r4 [bcavq i :itr; i UO .atr*\.' -1:-.,1,t4,. 1,y16 at ..\:,t,hrnn CaUIPAL €OrtST CUO.aJtCPtUo Jqb AEL /.q AtN,l bt !u'o fu4fl, (drltl*/uo 9t4O/4r4l ; rv r 4-292 \29t, 9J @ I l tf t,; I \ \ t8 @ Z\ a9 , 125\ @ 9l @ 9a @ ii 1i E7 @ i, ,' o r /i)v-, .t.a, l I i\/i 95 >->"@ L,,s o5 . ov ,'/H5 UP C ffiAffC I'€ sEgtr atryJ i to5 97 a9 ,oo @ o€L t{: ta .JA 'l\> 2 "''(, 6; " \-/ o >-> , ,o,6) to, @ i ,or (D toa o 5 0s '6n---_---l 1246r . -' o TR. 683 OF SAN LUIS OEISPO Assesror! Mop, Counly of Son Luis Cbispo, Colit o I a @@ll L OS TRACT 683, 5.E.8. ESTATES, R.M 8x.tO, PG.68. nEV- 6-16-Ot VALLEf ROAO @) fe) THIS MAP IS FOR YOUR AID IN LOCATING LAND WITH REFERENCE TC STFEETS ANTJ OTHER PARCELS. THE COMPANY ASSUMES NO LIABILITY REASON OF RELIAT{CE THEREON. TICOF TITLE INgURANCE COMPANY OF CAUFORNIA LAGUNA LAKE 200 300 GNAPHIC SCALE: o 50 100 .st ata \. C L) o c U C o B 0 J u 0 r RIsA VICINITY MAP TRACT 683 LET IT BE OPEN SPACE NORTH c-/l-3 /4n5kA.--+ PURCHASE AND SALE AGREEMENT I.ot 105, Tract 683 THIS PURCHASE AND SALE AGREEMENT ("Agreement") constitutes an agreement by which CHRISTINE MULHOLLAND PERALTA ("Seller"), agrees to sell, and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ("Buyer"), agrees to purchase that certain real property ("Property") legally described as: l,ot 105, Tract 683, BK 10, Page 68, Recorded May 8, 1981 The terms and conditions of this Agreement are iN follows: 1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the property upon the terms and conditions herein set forth. 2. Purchase Price. The Purchase price of the Property shall be $5,300.00. 3. Payment of Purchase Price. Buyer shall pay the Purchase Price for the Property in full upon the transfer of the property as specified in this agreement. 4. Conditions of Title. Fee simple absolute title to this Property shall be conveyed by Seller to Buyer by grant deed in substantially the form set forth in Exhibit "A" attached hereto and incorporated herein, (which grant deed shall be fully executed and acknowledged by Seller) and subject to no reservations except as set forth in Exhibit "A" and subject only to the following conditions of title: A. Matters affecting the Conditions of Title created by, or with the written consent of Buyer. B. At the time this agreement is executed by Seller, Seller shall deliver to Buyer a Preliminary Title Report evincing the willingness of a Title insurer to provide a 1 e4(-+' 4fih4na{ L LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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' tees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmenlal regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of lhe enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation alfecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suftered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date ol 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. lnvalidity or unenforceability of the lien of the insured mortgage, or claim thereof , which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the lransaction vesting in the insured the estate or interest insured by this policy or the lransaction creating the interest of the insured lender, by reason of the operation of tederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, contlicts 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. (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. Reorder Form No. 12599 AMERTCAN LAND TTTLE ASSOCTATTON RESTDENTTAL TTTLE TNSURANCE POLICY (6-1-87) EXCLUSIONS ln addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's lees and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:r land use o land division. improvements on the land . environmental protection This exclusion does not apply to the violations or the entorcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in ltems 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless:. a notice of exercising the right appears in the public records on the Policy Date. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks:. that are created, allowed, or agreed to by you . that are known to you, bul not to us, on the Policy Date - unless they appeared in the public records. that result in no loss to you . thatfirstalfectyourtitleafterthePolicyDate-thisdoesnotlimitthelaborandmaterial liencoverageinltemSofCoveredTitleRisks 4. Failure to pay value for your title. 5. Lack of a right:. to any land outside the area specifically described and referred to in item 3 of Schedule A, or. in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in ltem 5 of Covered Title Risks. AMERTCAN LAND T|TLE ASSOCTATTON LOAN POLTCY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERTCAN LAND TTTLE ASSOCTATTON LEASEHOLD LOAN POLTCY (4-6-90) WITH ALTA ENDORSEMENT. FORM 1 COVERAGE 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 which arise by reason of: 1 . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aflecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred piior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments lor street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date ol Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. lnvalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising f rom an improvement or work related to the land which is contracted tor and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy lorms may be issued to afford either Standard Coverage or Extended Coverage, ln addition to the above Exclusions lrom Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records ol any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereot. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correcl survey would disclose, and which are 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. AMERTCAN LAND T|TLE ASSOCTATTON OWNER',S POLICY (4-6-90) AMERT.AN LAND TrrLE AssocrATroi"rloa.roLD owNER's poLrcy (4-6-90) 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, altorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation alfecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, excepl to the extent that a notice of the exercise lhereof or a notice of a defect, lien or encumbrance resulting trom a violation or alleged violation alfecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matlers: (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; or (e) resulting in loss or damage which would not have been suslained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises oui of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage, ln addition to the above Exclusions lrom Coverage, the Exceptions lrom Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments cn real property or by the public records. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing lhe 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. CAGO TIT J COMPANY 1-212 Marsh Street,. P.O Phone: 805 -543-2900 Box 8l-0, San Luis Obispo, CA 93405 Fax: (805) 54L-2549; or 543 -2539 ATTN: KATHY CITY OF SAN LUIS OBISPO 860 PACIFTC STREET sAN LUIS OBTSPO, CA 9340L DATE REGARDING ORDER NO. LOAN NO. Oct,ober 4, L994 LOT 105 TRACT 683 I,AGI]NA LAK 223703 - AS In accordance with instructions in the above order number, we enclose herewith our Policy of Title Insurance. Any documents recorded in connection with this transaction will be forwarded to you direct from the County Recorder's office. Should you have any questions, please contact the undersigned. It has been our pleasure to have handled this transaction for you. Il at any time in the future we can assist you, we will be pleased to have you request CHICAGO TITLE COMPANY. We appreciate your business. Sincerely, CHICAGO TITLE COMPANY AIiINETTE SKELTON Fryffi#ffi$Vffiffi JUN f; 'tqgs L1 POLENC-07/e3bk S',irI.1 cjl ry cl LrnK CALIFORNIA LAND TITLE ASSOCIATION SUNDARD COVERAGE POLICY 1990 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: l. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority: 7. The invalidity or unenforceability of any assignment of the insured moftgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In Wtness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE COMPANY 1212 Marsh Street San Luis Obispo, CA 93401 (805) 543 -2e00 CHICAGO TITLE INSURANCE COMPANY By: P*ridy/ {A.r"'*a/6J4*^Y By: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded trom the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict- ing, regulating, prohibiting or relating to (i) the occupancy, use, or enioyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in lhe dimensions or area of the land or any parcel ol which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enlorcement thereol or a notice ol a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereol or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice ol the exercise thereof has been recorded in the public records at Date of Policy, but not excluding lrom coverage any taking which has occurred priorto Date of Policy which would be binding on the rights ol a purchaserfor value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date ol Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date ol Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured elaimant 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy, 4, Unenlorceability of the lien of the insured mortgage because of the inability or tailure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. lnvalidity or unenforceability ol the lien of the insured mortgage, or claim thereof, which arises out ot the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation ol lederal bankruptcy, state insolvency, or similar creditors' rights laws, CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured":the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) ol these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipula- tions. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (f) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- ing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "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. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted f rom c^',erage, which would entitle a purchaser of the estate or interest describe< chedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contrac- tual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE (a) After Acquisition of Title by lnsured Lender. lf this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract ot insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) Aller Conveyance of Title by an lnsured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money morlgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of cove- nants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pur- chaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given lo an insured. (c) Amount of lnsurance. The amount of insurance aflerthe acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amount paid by any governmental agency or governmental instru- mentality, if the agency or instrumentality is the insured claimant, in the acqui- sition of the estate or interest in satisfaction of its insurance contract or guar- anty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereu4der nt eny claim of title or interest which is adverse to the title to the estate or int .)r the lien of the insured mortgage, as insured, and ) ._-_l ) SCHEDULE A PolicyNo: 223703 Premium: $250. OO AS Amount of Insurance: g5, OOO . O0 Dateof Policy: October 3, Lgg4 at 8:00 AM 1. Name of Insured: CITY OF SAN LUIS OBISPO, A CIARTERED MUNICIPAL CORPORATION 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: CITY OF SASI LUrS OBISPO, A CHARTERED MUNICIPAL CORPORATION 4. The land referred to in this policy is situated in the State of California, County of San LUrs OBrSpo and is described as follows: Lot 105 of Tract No. 683, in the city of san Luis obispo, county of san Luis Obispo, State of California, according to map recorded May 8, 1991 in Book LO at page 68 of Maps, in the office of the county Recorder of said county. This Policyvalid only if Schedule B is attached. PolicyNo. 223703 - As SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses) which arise by reason ot 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. Proceedings by a public agency which 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. Aly facts, rights, interests or clai-s which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or clai,ms thereof, 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. (u) 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 II L. ProperLy taxes, including any assessments coltected with taxes, to belevied for the fiscal year 1994-95 which are a lien not yet payable. Assessment No oo4 ,292 ,041_ 2. The lien of supplemental taxes, if any, assessed pursuant to theprovisions of Chapter 3.5 (comrnencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement for the purpose shown below and rights incidental thereto a6 shown or as offered for dedication on the recorded map shown below. B Map of: Recorded Easement Purpose: Affects: Purpose: Affects: Tract No. 683 May 8, 1981- in Book 10 at page 68 of Maps drainage structure and storm drain as shown on said tuap open space said land D 4. A11 areas below L25 fooL elevation located in said lot are subject to inundat,ion from Laguna Lake and for flood control and maintenance easementas shown on the map of said Tract. l 'lSCHEDULE B (Continued)Page 2 Policy No.223703 AS E 5. An easement for open space purposes in favor of the City of San Luis Obispo,if it be judicially determined that only an easement was dedicated by thededication clause on the map of Tract No. 683, recorded May 8, 1981 in Book 10 at page 58 of Maps, in the Office of the County Recorder of said County. L caw scHEDBc-02/28l92lrc 95 @ >- 97^ a9 'o@ 9a @ (, (9) It' 4-292 @ 9J @ 5) a8 @ t9 @ @ @ i\. @\'20', ', (22) \ea \ 9t @ E7 .(:@ tto it I' i J \ l\ ,/ts o0.r ouc IHS UP A PR€futrD Fq lsssrt trul n TR.683 CITY OF SAN LUIS OEISPO Assesgo;! Mop, County ot Son Luis Cbispo, Colif. o€L vrslA o €D @ l{ tofr)a7 to5 -t.2,/ ,or6) to2 @ ror @ o f' ,oo @ , >a-€- { G 2tf Y.lo ,,J;I@@ t8 o\ atoa /s u9@ TRAC| 683,5.E.4. E5rrrEs, R.M 8K.tO, PG.6A. nEv.6-t6-8t o50s , 6-il--:--- -1.\ra46i-, " ' LO5 vALLEY ROAO THIS MAP IS FOR YOUR AID IN LOCATING LAND WITH REFERENCE T STREETS ANd OTHER PARCELS. THE COMPANY ASSUMES N€} LIABILITY REASON OF RELIANCE THEREON. TICOB TITLE IDIgURANCE COMPANY OP CALIFORNIA U, tot (:I -itt ,5 :4 t3 b f, tj * -:.c,-'-. .-:4 COLLADd9 ' r',' \s,! , -4z'' 71z I'1o l.! 6. I .!r.4d*lae' iV<t-b ade ,i* 105 Ol'!! :tt-! ,r UL' atctlttse 1at $ _@_ rlt. r ! j,i .: rb ,"\ o s -t*3'7 r !-::,t' :- ?(tt -!'Ft':.<J'i EC.? .T.at.?,g-!l POAO .:.: -:-r r \' r":.sl '$ N l.' jr I t I I BA5/'0f zTFEeEUCESr! ilD 9'!7z: ilo A,'atPt l!9. c"tP+ 2g n,/50 otAp/A/65 I E6tilO -, - fd e kvman n rcli F. ?/ elet o/lE wE rbrt-t- ile ,C.Lrrtnlnhdi. + *t rtIP W fft E tSut.n d/,ntt tatd. +- b 41'tP ldJae,l Ptt /2115 ol dcy l3b--a- H o. tp/4 " '-t- *l ,.!4'Ig rqqed ?CC E lt i bl axfrft. TRACT No. 683 coET Etl6/UtEptu6 S.E.8. ESIAIES In the Citv of Son L.tls ObisPo 6rrro a pit'on d lDl t7 d W> @/P '/a & LE 'b:'oJ'6[iurtn iloe tbt'a- 4 e3o'd lt-c: d L6/ ,tb 4b'Fr I4oP tu4 I bF ?7 n lZ ktt':' "{';; ;,"- 6;; intq a'ot" y' ib''h'nn r fJ -. .., , a ;lt, 4., ' '. '. a 'nf .--:..,: :b tLld+n t2 6 EL-- f -F .-An Ped 9:*Cl! !4 ..:a llolcu ct/ tldrtu wnicn miint cause loss. oldamage for which -)oro"n, may be tiabte by virtue of this policy, or (iii) if title to the estate vr interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. lf prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense ol such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of aclion and shall not be liable for and will not pay the fees ol any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense ol those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, 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 shallbe liable hereunder, and shall not thereby concede liability or waive any provision of this policy. lf the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) ln all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose, Whenever requested by the Company, an insured, at the Company's expense, shall give the Com- pany all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. lf the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE ln addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which 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. lf the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. ln addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any author- ized representative of the Company, the insured claimant shall grant its per- mission, in writing, forany authorized representative of the Company to exam- ine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an 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 an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as in this paragraph, unless prohibited by law or governmental regulatiorr, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY ln case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment ol the Amount ol lnsurance or to Purchase the lndebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' tees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. lf the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon lhe exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured lender under this policy for the claimed loss or damage, other than the payment required to be made, shall ' terminate, including any liability or obligation to defend, prosecute or conlinue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the lnsured or With the lnsured Glaimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against underthis policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle wilh the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (bXi) or b(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, prose- cute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of lnsurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section I of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) ln the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of lnsurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subiect to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 3"0 8. LIMITATION OF LIABILITY (a) lf the Company eslablishes 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 unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have lully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) ln the event of any litigation, including litigation by the Company or with the Company's consenl, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title or, if applica- ble, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured lor liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebt- edness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) conslruc- tion loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of the insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulalions shall not reduce pro tanto the amount of the insurance alforded under this policy as to any such insured except to the exteni that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce lhe amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insur- ance be greater than the Amount of lnsurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipula- tions. 10. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay 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 hereafter exe- cuted by an insured and 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 payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. lf requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in,order to perfect this right of subrogation. 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 or remedies. lf a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. lf loss should result from any act of the insured claimant, as staled above, that 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 by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The lnsured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, 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 interesl from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interesl adverse to the title to the estate or interest or the priority or enforceability of the lien of the insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Compa- ny's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mort- gage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Sec- tion 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION Unless prohibited by applicable law, either the Company orthe insured may demand arbitration pursuant to the Title lnsurance Arbitration Rules of the American Arbitration Association. 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 of the Company in connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of lnsurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of lnsurance is in excess of 91,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrato(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title lnsu rance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. ln interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage, or of the title to the estate or interest covered hereby, or by any action asserting such claim shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by eilher the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY ln the event any provision of this policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing oflice or to: CHICAGT 'LE INSURANCE COMPANY Claims L ament 171 North ulark Street Chicago, lL 60601-3294Reorder Form No. 8223 I'-'.1 l :I CALIFu.(NIA ALLPURPOSE ACKNOWLL'TGMENT STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On August 19, 1994 before me, Carol J. Osterloh, Notary Republic, personally appeared JULIO C. PERALTA, personally known to me or 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 same in his/her/their 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. WITNESS my hand and official seal. Carol oh Comm #1001628 PUEUC SAN I.UIS OBISPO COUNTY Comrh Expt?esAug, 19. 1997 CAROL J. * * * * * {c * * * * * * * * {€ {€ * * * * OPTIONAL* * * * * * * * * * * *c * * * * * * * * Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of the form. CAPACITY CLAIMED BY SIGI\'ER DESCRIPTION OF ATTACHED DOCI]MENT Individual Corporate Officer QUITCLAIM DEED Title(s)Title or Type of Document Partner(s)Limited General Two, includi-ng this Acknowledgment Number of Pages Attorney-in-Fact Trustee(s) Guardian/Conservator Date of Document SIGI\ER IS REPRESENTING: Name of Person(s) or Entities X Augu st L9, I994 ENO CIT OOSUE{ENT ,illililililillilli Gtyo[san luls oBtspo 990 Palm Street/Post Office Box 8100 . San Luis Obispo, CA 93403-8100 RECEIPT OF CHECK September 3O ,L994 This is to document that check I I 0s7G from the City Of San Luis Obispo was received by Christine peralta on September 30, 19 s0 ,ff Christine Per Ita Date B ]|,q 9i!y of San.Luis Obispo_is committed to include the disabled in all of its services, programs and activities.lelecommunications Device for the Deaf (B0S) 781-7410. CHICAGO TIT. .3 COMPANY Issuing Office: 1-2L2 VIaYSh Street - P.O. Box 8L0 San Luis Obispo, CA 93406 Phone: (805) 543-2900 Fax: (805) 541-2549; or 543-2539 CHRISTINE PERALTA 1334 DIABLO DR. SAN LUIS OBISPO, CA 9340]. Order No. Reference: Regarding: 000223703 AS LOT 105 TRACT 683 LAGI]NA LAKE sl,o, cA SeCond AMENDED Dated as of August i-9 , LggL at 7:30 eu In response to the above referenced application for a policy oftitle insurance, CHICAGO TITLE COMPANY hereby reports fhat it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) rS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: California Land Tit.le Association Standard Coverage Po1icy ANNETTE SKELTON Title Officer PFPPS-08/05/93bk Order No: 2237 03 AS SCHEDULE A YourRef: Lor l-05 TRAcr 693 LAGUNA LAKE 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: THE CITY OF SAN LUIS OBISPO, if it be judicially deLermined that the fee title was dedicated by the dedication clause on the map of Tract No. 583, recorded May 8, 1981- in Book 10 at page 678 of Maps, in the office of the County recorder of San Luis Obispo County, California and CHRISTINE MULHOLLAIID PERALTA, a married woman, sole and separate propert,y if it bejudicially determined that only an easement was dedicated by said dedication clause 3. Thelandreferredtointhisreportissituatedinthestateof California, Countyof serrr LUrs oBrspo and is desuibed as follows: Lot l-05 of Tract No. 683, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 8, L98L in Book 10 at page 58 of Maps, in the Office of the County Recorder of said County. \-\ AS SCHEDULE B YourRef: r,or 105 TRAcr G83 LAGUNA I,AKE Page I Order No: 2237 03 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1 Property taxes, incl-uding any assessments collected with taxes, to be Ievied for the fiscal- year a994-95 which are a lien noL yet payable. Assessment No 004 ,292 , OAL FI z The lien of supplemental taxes, if any, assessed pursuant provisions of Chapter 3.5 (commencing with Sectj-on 75) of Taxation Code of the State of California. to the the Revenue and 3 An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map of: Recorded: EasemenL Purpose: Affects: Tract No. 683 May 8, 1981 in Book l-0 aL page 58 of Maps drainage structure and storm drain as shown on said Map Purpose: Affects: open space said land D 4" AII areas below t26 foot eLevation Located in said lot are subject to inundation from Laguna Lake and for flood control and maint,enance easement as shown on the map of said Tract. E 5. An easemenL for open space purposes in favor of the City of San Luis Obispo, if it be judicially determined that only an easement was dedicated by the dedication cl-ause on the map of Tract No. 583, recorded May 8, 1981- in Book 10 at page 68 of Maps, in the Office of the County Recorder of said County. (:END OF SCHEDULE B NOTE: THIS REPORT IS SUB.IECT TO A MINIMITM CATiICELLATION CHARGE AS REQUIRED I'NDER SECTION L2404.1 OF THE STATE OF CAIJIFORNIA INSURJA}ICE CODE. NOTE: If a 1970 ALTA Owner's or Lender's or l-975 ALTA Leasehol-d Owner's or Lender's policy form has been requested, the policy, when approved for j-ssuance, will be endorsed to add the following to the Exclusions From Coverage. I,OAN POLICY EXCLUSION: PRELIMB-8/7/s1-lrc Page 2 Order No: 223703 SCHEDULE B (continued) Your Ref:LOT 105 TRACT 583 LAGUNA LAKEAS Any claim, which arises out of t.he t.ransaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal- bankruptcy, state insolvency, or similar creditors' rights }aws. OViINER'S POLICY EXCLUS]ON Any claim, which arises out of the transaction vesting in the insured, the estate or int,erest insured by this policy, by reason of t.he operation of federal bankruptcy, state insolvency or similar creditors' rights laws. NOTE: If a ALTA Residential Titl-e Insurance Policy form has been request.ed the fol-lowing exception wiII be added to the exceptions from coverag'e: If in addition to a single family residence, your existing structure consists of one or more additional dwel-li-ng units, item L2 of 'Covered TiLle Risks' does not insure you against loss, costs, attorneys, fees, and any expenses or other consequences of: 1-. the forced removal of any additional dwelling unit, i er, 2. the forced conversion of any additional dwelling unit back to its original use. NOTE: WfRE TRiAIISFER INFORII,ATION ACCOUNT NAME OUR BANK ABA NO. (ROUTING) : ACCOUNT NO. = TICOR TITLE INSURANCE COMPANY BANK OF AMERICA - 1850 GATEWAY coNcoRD, cA 94520 r-2 r_0003 5 8 1,2352-7LOL2 BE SURE TO PROVIDE OUR ORDER NO. AlrD THE ESCROW/TITLE OFFTCER NAME. NOTE: EFFECTIVE iIULY 1, 1994 AIJL DOCI'MENTS TO BE RECORDED IN CAI,IFORNIA MUST CONFORM TO THE FOI.LOWING: (A) A PAGE FOR THE PURPOSE OF RECORDING SHALL BE ONE PRINTED SIDE OF A SINGLE PrECE OF pApER WHICH IS e L/2 TNCHES By l_t_ TNCHES. (B) A SHEET SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF PAPER WHICH IS NOT EXACTLY 8 I/2 INCHES BY 11 INCHES BUT NOT GREATER THAN 8 1-l2 INCHES BY 14 INCHES. (c) rF A PAGE OR SHEET DOES NOT CONFORM TO THE DTMENSTONS OF I l-l2 TNCHES BY ]-1- INCHES THE RECORDER SIIALL CHARGE $3.00 EXTRA PER PAGE OR SHEET OF THE DOCI]MENT. THESE CHAI{GES ARE PURSUANT TO GOVERNMENT CODE SECTION 27201, 27351 AI{D PRELTMBC-9/23l93bk Page 3 Order No: 223703 SCHEDULE B (continued) Your Ref:LOT 1-05 TRACT 683 LAGI,]NA LAKEAS 2736L.5 WHICH WERE ENACTED IN THE 1992 I,EGISI,ATIVE SESSION TO BE EFFECTIVE iIUIJY I' L994. H NOTE NO. l-: The charge for a policy of title insurance, when issued through this title order, will be based on the basj-c (not short-term) titl-e insurance rate. I NOTE NO. 2: Property taxes for the fiscal year shown bel-ow are paid proration purposes the amounts are: For Fiscal year ]-993-94 l-st InsLallment: 2nd Inst,allment: Land: Code Area: Assessment No: $3.37 $3.37 $5os. o0 003 - 006 0o4 ,292 , 04L J plc PBELTMBC-9/23le3bk 4-292 t9 a8 @ \ ) @ 9J @ to5 -t''2 '.? / )4r.: !l @ 9t @ 9a @ /'j' a7 r@ \ co@/r! It 95 @ 'o@ i. o" L,,s rr 97^e, roo 6;) vt91A cor oLv rHS bP a ffituED ;e lsgYt nryl 3 o l.J ;of.) v-r/€,)o r *, if tt i\@ 22 o, 9 .^---ill! 'ot tot @ ro? @ @ >>- o {c D @ +. €9-20 2tf Yt /l o\ a '| :tol l7 @ @ t?@ t8@il TR. 683 CITY OF SAN LUIS OEISPO Assessort Mop, Counly of Son Luis CbisPo, Colif.L O5 TAACT 683, S.E.B. ESTArES, R.M 8K.IO, PG 6A PEY.6-t5"81 o s os '6n- ^--- --r+.?{61. VALLEY ROAD @) rn I5 MAP IS FOR YOUR AID IN I.OCATING LAND WITH REFERENCE STREETE ANTJ OTHER PARCELS. THF COMPANY ASSUMIS NO LIABILITY 9Y REASON OF RELIANCE THEREON. TICOF TITLE IDIgURANCE COMPANY OF CALIFORNiA t /2fro qn7 u4; e63P.4.t - -+ J-:-b .Qt-.t ffi nt4.Lr,tt pt2 4lAry / 9'gt- /-2)/ Le tiatE 4i -t,,,-' gIf/d?J/f/9/lf 6vm 1/d/Jt7) D/U)A,/,'n.F 2/tg h/e:t dqq' crn uq; P ,:-T.pt tt! ut2i *'q 6 lwt cizel )d.Q, qry ltui'P :?;7 uoge fu -v.74 &tf 3dDunM707.42 ,J <t z, ot atT <ta<<dl P zc /<, P @4d O D'J!4- odstqg'sin-l uos lo KIP eq ul sSJ:uls3 'g'3's 'ra6.z /q lc ?Ea tJa ot&t 4!:!l_t4P/qt a 2fq;l t4a lo tHZl ?.d ceibt at.tt *'p2e/ mzpt/P #.tm Etq;r ?JJ #t 41 11 14!/zuurtupdrir14p2tatxpaqua a4u14r dtx * ^^Ti ?O u22r,t4 M D2//q't s4. qa -) 99lVlaVlC /0 6/?rs +-- -.4- c9/'u tfd H /,? 8rf ed g?,',F 8tf ;al;,6 en ;Jg?2N?Atl?d ?;! .qt fr.4 ,t-\aw areq.tu )4 /:a..! Fq , r8 4'.'.1rb: 4+' e@t q FeJt-.Not4@ ntao npb ,r*rotz.*t, -7itt,;il: 'l'10901 Il I\- RI. s.Y 5 989 'oN lSval: -: frt A?77r'i I t b; ;--u ..:.&,Q,n.t E h lta: ,*.nJ ,i. tdtJ H d F.' & st- r -d a,-?i -asr' tAe t ?>';!\:.j- cai II I I t 11 /7tu9 r, ELaLL',- s I ('i iJ{il .: .n r-r?. ! _4:!'l -{ l ..vr; " ' a{ ;t 4 t r"' --- -------'!'F - .: t E. n li l{tc ZLILgOL ? f,:i ..'., '- 9-ogv1766r :E:..;.'2r:e ^:ii rl 1 Lot 105 of Tract No. 683, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 8, 1981 in Book 1"0 at Page 68 of Maps. E{FnEIT ts \, CHICAGO TITL J COMPANY Issuing Office: 1212 Marsh Street - P.O. Box 810 San Luis Obispo, CA 93406 Phone: (805) S+r -2900 Fax: (805) 54L-2549; or 543-2539 CHRISTINE PERALTA 1334 DTABI,O DR. SAN LUIS OBISPO, CA 9340]. Order No. Reference: Regarding: 000223703 AS LOT 105 TRACT 583 LAGUNA I,AKE sl,o, cA Second .AMENDED Dated as of: August 19 , ],gg4 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded frcim coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy ANNETTE S Title Officer PFPPS-08/05/e3bk SCHEDULE A YourRef: Lor 105 TRAcr 683 LAGUNA LAKEOrder No: 223703 As 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: THE CITY OF SAN LUIS OBISPO, if it be judicially determined that the fee title was dedicated by the dedication clause on the map of Tract No. 583, recorded May 8, 1981 in Book 10 at page 678 of Maps, in the office of the County recorder of San Luis Obispo County, Cal-ifornia and CHRISTINE MULHOLLAND PERALTA, a married woman,sole and separate property if it be judicially determined that only an easement was dedicated by said dedication clause 3. The land referred to in this report is situated in the State of California, County of san Lurs oBrspo and is described as follows: Lot, 105 of Tract No. 683, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 8, l-981- in Book l-0 at page 58 of Maps, in the Office of the County Recorder of said County. PRELTMA-9/27l93bk \ AS SCHEDULE B YourRef: Lor l-05 TRAcr G83 LAGITNA LAKE Page 1 Order No: 2237 03 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Property taxes, including any assessments coll-ected with taxes, to be l-evied for the fiscal- year t994-95 which are a l-ien not yet payable. Assessment No.:004 ,292 , 04L A B C D E 2. The lien of supplemenLal taxes, if any, assessed pursuanL provisions of Chapter 3.5 (commencing with Section 75) of Taxation Code of the State of California. uo the t,he Revenue and 3. An easement for the purpose shown below and rights incidental thereLo as shown or as offered for dedication on the recorded map shown below. Map of: Recorded: Easement Purpose: Affects: Purpose: Affects: Tract No. 683 May 8, 198L in Book 10 at page 68 of Maps drainage structure and storm drain as shown on said Map open space said land u 4. AlL areas be1ow t26 fooL el-evation located in said lot are subject to inundation from Laguna Lake and for flood control and maintenance easement as shown on the map of said Tract. 5. An easement for open space purposes in favor of the City of San Luis Obispo, if it be judicially determined that onty an easement was dedicated by the dedication clause on the map of TracU No. 583, recorded May 8, 198L in Book 10 at page 68 of Maps, in the Office of the County Recorder of said County. END OF SCHEDULE B NOTE: THIS REPORT IS SUB.'ECT TO A MINIMT'M CA}ICELLATION CIIARGE AS REQUIRED I'NDER SECTION L2404.1 OF THE STATE OF CALIFORNIA INSURANCE CODE. NOTE: If a L970 ALTA Owner's or Lender's or l-975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage. LOAN POLICY EXCLUSION PFELIMB-s/7/s1 lrc Page 2 Order No: 223i 03 SCHEDULE B (continued) Your Ref:LOT ]-05 TRACT 683 LAGUNA LAKEAS Any claim, which arises out of the transaction creating the interest of the mort,gagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. OIINER'S POLICY EXCLUSTON Any claim, which arises out of the transaction vesting in t,he insured, t,he estate or interesL insured by this policy, by reason of t,he operation of federal bankruptcy, state insolvency or simil-ar crediLors' rights laws. NOTE: If a ALTA Residential Tit,le fnsurance Policy form has been requested the following exception will be added to the exceptions from coverage: If in addition to a single family residence, your existing structure consists of one or more additional dwelling units, item 1,2 of 'Covered Titl-e Risks' does not insure you against Ioss, costs, attorneys' fees, and any expenses or other consequences of: l-. the forced removal- of any additional dwelling uniti ot, 2. the forced conversion of any addit,ional dwelling unit back to its original use. NOTE: WIRE TRiAIISFER INFORI{ATION ACCOUNT NAME OUR BA}IK ABA NO. (ROUTING) ACCOUNT NO. TICOR TITLE INSURANCE COMPANY BANK OF AMERICA - 1850 GATEWAY coNcoRD, cA 94520 12r_000358 L2352-71,0L2 BE SURE TO PROVIDE OUR ORDER NO. AI.ID THE ESCROW/TITI.E OFFICER NAIT{E. NOTE: EFFECTM iIUIJY 1, 1994 ALL DOCITMENTS TO BE RECORDED IN CAIJIFORNIA MUST CONFORM TO THE FOLLOWING: (A) A PAGE FOR THE PURPOSE OF RECORDING SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF PAPER WHTCH IS 8 L/2 INCHES BY ]-1- INCHES. (B) A SHEET SHALL BE ONE PRINTED STDE OF A SINGLE PIECE OF PAPER WHICH IS NOT EXACTI'Y 8 L/2 INCHES BY 11 INCHES BUT NOT GREATER THAN 8 1/2 INCHES BY 14 INCHES. (C) IF A PAGE OR SHEET DOES NOT CONFORM TO THE DIMENSIONS OF 8 1/2 INCHES BY 1-1 TNCHES THE RECORDER SHALL CHARGE $3.00 EXTRA pER pAcE OR SHEET OF THE DOCI]MENT. THESE CHANGES ARE PURSUA}IT TO GOVERNMENT CODE SECTION 27201, 27351 A}ID PRELIMBC-s/23ls3bk II Page 3 Order No: 223703 SCHEDULE B (continued) Your Ref:LOT ]-05 TRACT 683 I,AGUNA LAKEAS 2735L.5 WHICH WERE ENACTED IN THE 1992 I.EGISI,ATIVE SESSION TO BE EFFECTIVE JULY 1, L994. E NOTE NO. l-: The charge for a policy of tiLle insurance, when issued through this title order, will be based on the basic (not short-term) tit]e insurance rate, I NOTE NO. 2: Property taxes for the fiscal year shown below are paid. proration purposes the amounts are: For Fiscal year !993-94 1st Installment,: 2nd Installment: Land: Code Area: Assessment No: $3.37 $3.37 $50s.00 003 - 005 004 ,292 , 04L J pjc PRELTMBC-e/23ls3bk 4-292 \ 29 t , vr5{} \ ' t&' 9a @ tao '\"q.e, 95 \ /HJ uP r ffi&lft Fe SSIT ProJ R >-> '"@ 97^ a9 ,r, oo" . ov 0tr @ l{ Qo/r)v-,o r @,, €') 6 Yl o+ i.. @:..20 ,02 @ @ aI a to3 @ o' o il t" toa1. ,i' e4 lzz@ t9@ t8 s\ osos @|l TR_ 683 CITY OF SAN LUIS OEISPO Assessor! Mop, County of Son Luis Cbispo, Colif.L OS TRACT 683, S-E.8. ESTAfES, R.H 8x.tO, PG.68. nEv.6-t6-et V ALLEY ROAO ), fli ---------: 1246r , '- >:+-,o,6) ,oo @ 9t @ I,\ @ /r /,i i it @ @ a9 @ aa @ @ 87 @ ,.@" TH15 MAP 15 FOR YOUR AID IN I-OCATING LAND WITH REFERENCE TC STREETS AND OTHER PARCELS. THE COMPANY ASSUMES N€) LIABILITY 9Y REAgON OF RELIAT.+CE THEREON. TICOB TITLE INgURANCE COMPANY OF CALIFORNiA iJ preo pMd ci U4; 463 '€auz /q F ?Ea JJt ort*t 4l:fl^!?. -!-.- F/* a ?l --a-gil ite p ete4l ?.1U ?aie1 4.29 4 4>'p2s/ xlpt/p *4rm Et9;r p2 ,#a itl 8t tzg -+-'.,.au u ,tuza.tF|l , /4 1- A2le' avarfa Qn 7gr td tat - **Z i ?O l.i u.2et/4 E h2//q.t €ost f ?q2NlAViq /0 9/9rg u e'91. /2i/ /2 at4,* 4i r,.'f,".vlpul ltz oclnw 0/f/dJ?/f/9/ft l;vo? 1'/dlrt?2 o/u)Qt1;,'41 ,F zlzrg hluq' det@t cnn u4; Jo ,:-?:.t tL! u't) #iq 6 l@ ctbtt Jd @t at 1n'i p '-- r;-.;';; fr "fu -t' w &r -d o'rnb7 o7.P(D *i o- .2, or onot qfi4 P Lq /O P w4d o Dur4' - odsg6-sir-l uos lo IUJ eqt ul s3-t7JS3 '93'S c?'t/ tfd Ht,9'8tf eit a?,'r 8tf ;d l;,6 stf ; Jg?2N?A?ltd I I s,tr e89 'oN lSvul atlr;Za'H 2C *;fr -. t;..i c-d.r.r I -_..:4I ;t-r'i!,effi;;,i .+:'ffi1j- AA i ?t :!\i.i- A777nlf. h Ct.-;':'.''u "' .'.i-e,*,rt " - . . -_ ,t < fa & ii- ,.d -',.ti I! Ii ,ai )@ !i% ft Elttl 1m*-t t7t*t , -fn.a.;f6t ll'to col s tIq' o1''.'. :.r. : a --, +l"r ('; {.i i-tl'l a? ,q, t2'4 t-ta.w '1.d4 ,tu aPf+,u FP) /a 4','frtb? 4.r s/@a 4 /Ya* .--N oS 4*e: ri I J *t,lfd, n"a r--- -----.ts- 06; 0r,l .rt ?c !ca' €0nI tg i 1[,'{ t; li{ 4 n i I Qgl t,?oz cxi.u g ',t 0L J'':i o..lQdav ' >.: _r.i' ?roo 'i r1 a\ CHICAGO TIT- TCOMPANY Issuing Office: 121-2 Marsh Street - P.O. Box 8l-0 San Luis Obispo, CA 93406 Phone: (805) 543-2900 Fax: (805) 54L-2549,. or 543 -2539 CHRTSTINE PERALTA ]-334 DIABLO DR. sAN LUIS OBISPO, CA 93401 Order No. Reference: Regarding: 000223703 AS LOT 105 TRACT 683 LAGI'NA LAKE sl,o, cA Second AMENDED Datedasof: August L9, !994 at T:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Cal-ifornia Land Title Association Standard Coverage Policy A}TNETTE SKELTON Title Officer PFPPS-08/05/93bk SCHEDULE A YourRef: Lor l-05 TRAcr 683 LAGI'NA r,AKEOrder No: 223703 As 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof isvested in: THE CITY OF SAIT LUIS OBISPO, if it be judicially determined that the fee title was dedicated by the dedication clause on the map of Tract No. 683, recorded May 8, l-981- in Book 1-0 at page 578 of Maps, in the office of the County recorder of San Luis Obispo County, California and CHRISTINE MULHOLLAND PERALTA, a married woman,sole and separate property if it be judicially determined that only an easement was dedicated by said dedication clause 3. The land referred to in this report is situated in the State of California, County of seN LUrs oBrspo and is described as follows: Lot 105 of Tract No. 683, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 8, l-981- in Book l-O at page 58 of Maps, in the Office of the County Recorder of said County. PRELIIVA-9/27ls3bk AS SCHEDULE B YourRet Lor 105 TRAcr 683 LAGUNA LAKE Page L Order No: 2237 03 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Property taxes, including any assessments colfected with taxes, to be l-evied for the fiscal year L994-95 which are a lien not yet payable. Assessment No.:004,292 , O4t A E D F 2. The l-ien of supplemental taxes, if any, assessed pursuant provisions of Chapter 3.5 (commencing with Section 75) of Taxation Code of the State of California. 3 Map of: Recorded: Easement Purpose: Affects: to the the Revenue and An easement for the purpose shown below and rights incidental- thereto as shown or as offered for dedication on the recorded map shown below. Purpose: Affects: Tract No. 683 May 8, l-981- in Book 10 at page 68 of Maps drainage structure and storm drain as shown on said Map open space said land G 4. A1l- areas below !25 fooE elevation 1ocated in said lot are subject to inundation from Laguna Lake and for fLood control and maintenance easemenU as shown on the map of said Tract. 5. An easement for open space purposes in favor of the City of San Luis Obispo, if it be judicially determined that only an easement was dedicated by the dedication clause on the map of Tract No. 683, recorded May 8, 1981- in Book 10 at page 58 of Maps, in the Office of t,he County Recorder of said County. END OF SCHEDULE B NOTE: THIS REPORT IS 9UBiIECT TO A MINIMITM CAIICELTATION CHARGE AS REQUIRED I'NDER SECTION L2404.1 OF THE STATE OF CALIFORNIA INSURA}ICE CODE. NOTE: If a L97O ALTA Owner's or Lender's or 1-975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the followj-ng to the Excl-usions From Coverage, LOAN POLICY EXCLUSION: PRELIMB-8/7/91 lrc Page 2 Order No: 2237 03 SCHEDULE B (continued) Your Ref:LOT 1.05 TRACT 583 LAGUNA LAKEAS Any cIaim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankrupt,cy, state insolvency, or similar creditors' righLs 1aws. OV{INER' S POIJICY EXCLUSION: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operat,ion of federal bankruptcy, state insolvency or simi1ar crediLors' right,s laws. NOTE: If a ALTA Residential TitLe Insurance Policy form has been request,ed the following exception wil-I be added Lo the excepLions from coverage: If in addition Lo a single family residence, lour existing structure consists of one or more additional dwelling units, item L2 of 'CoveredTitle Risks' does noL insure you against loss, costs, attorneys' fees, and any expenses or other consequences of: 1. the forced removal of any additional dwelling unit i et, 2. the forced conversion of any additional dwelling unit back to its original use. NOTE: WIRE TRAI{SFER INFORMATION ACCOT'NT NAME OUR BANK ABA NO. (ROUTING): ACCOT]NT NO. : TICOR TITLE INSI'RANCE COMPANY BANK OF AMERICA - 1-850 GATEWAY coNcoRD, cA 94520 1_2l_00 03 58 L2352-7LOL2 BE SURE TO PROVIDE OUR ORDER NO. AI.ID THE ESCROW/TITLE OFFICER NAIIE. NOTE: EFFECTIVE i'ULY 1, 1994 AI.I. DOCI'MENTS TO BE RECORDED IN CAI.TFORNIA MUST EONFORM TO THE FOLLOWING: (A) A PAGE FOR THE PURPOSE OF RECORDING SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF PAPER WHICH TS E T/2 INCHES BY 1]. INCHES. (B) A SHEET SHAI,L BE ONE PRINTED SIDE OF A SINGI,E PIECE OF PAPER WHICH NOT EXACTLY 8 L/2 INCHES BY 11 INCHES BUT NOT GREATER THAN 8 1/2 INCHES ]-4 INCHES. IS BY (c) rF A PAGE OR SHEET DOES NOT CONFORM TO THE DTMENSTONS OF 8 1/2 TNCHES BY 11- INCHES THE RECORDER SHALIJ CHARGE $3.00 EXTRA PER PAGE OR SHEET OF THE DOCI]MENT. THESE CHANGES ARE PURSUATiIT TO GOVERNMENT CODE SECTION 27201, 27351 A}ID PBELTMBC-g/23l93bk d"t ) Page 3 Order No: 2237 03 SCHEDULE B (continued) Your Ref:I,OT ].05 TRACT 683 LAGI]NA I,AKEAS 2736L.5 WHICH WERE ENACTED IN THE 1992 I.EGISI,ATIVE SESSION TO BE EFFECTIVE JULY 1, L994. NOTE NO. l-: The charge for a policy of title insurance, when issued through this titLe order, will be based on the basic (not short-term) title insurance rate. I NOTE NO. 2: Property taxes for the fiscal year shown below are paid proration purposes the amounts are: For Fiscal year 1993-94 l-st, Instal-l-ment: 2nd Instal-l-ment: Land: Code Area: Assessment No: $3.37 $3.37 $60s.00 003-006 oo4 ,292 ,04r J plc PBELTMBC-9/23le3bk 4-292 9a @ @ 9l @ \291, ta @ a9 @ @ ,t \87t A o (' f.;\q7 95\ $..e, d ira \@ €D o0' .."'@ VALLEY ,s vI cor rts bP t ffituftc ;q $fs*rt ffiJ 1. o€L,t@ ,oo @ ,or6 + to2 @ @ @ Q .> to '2- t @ to5 J.t'/ , @,, @-'v;'20 .'' o t7 f, t? @ -oI o oI a h,,'/t /t' ,/'i @ 22 .rt (18) t8 tol @tirt TR. 683 CITY OF SAN LUIS OSISPO Assessor! Mop, County ot Son Luis Cbispo, Colif.LOS OSOS TRACT 683, S.8.8, ESr!rES, R.M 8x.tO, PC.68. nE..6-t6-st | 6i----.-. -\-\e46l-. ROAO @ ', @, .*,":--_-, _* AID IN RCELS. LOCATINGT STft Hls E MA ETS P A 5 N E FOR OTH E R P YOUR A TH F COMP LA ANY N D ASS v WITH ME R s E NO FER LI A ENC BI E T LITY Y REASON OF RELIAI*CE THEREOH. TICOFI TITLE INgURANCE COMPANY OP CALIFORNiA L t.l {r- r a i )''" un' -I'# J' t' .1 :':-:t-' IO5 u,ft .tt] 'ttQl' 4t312/taXz :o6ryrWne - #r.btu/e:lr. :1t]: 1t a: 4M.:.'i:t2e ^v hprt\ &'r1"r' t? rc .s irl i.l .J.+ -:---1 - - TRACT No. 683 i. l'.r s /o5 { ri.s\ 'ssEC.= ta (_@ tE6tilD -i'r, ' i' I .;'-f'-'- . POAD--'it; =*tIS.F 9'ti' tu..t,f?..1, ;i$ g ..,?; UAILEY 8,i5/5 0f otAp/AJ65 !- i't tk3 L'o//cq &/ kl*ecn fd ( ltautt*+tt td Hf,'tEr ?/ nlF, a/ltde txrad *ferhvTmlnn€li. *t t? 12 W fft '!5r5 utcri dhanz ffid. * 41'IP WeJ Ptt /?afi al dcv llb E at re/4*l tA'IP lq,led ?CC !?6lt .tt bl anet. S.E.8. ESIAIES In the Citv of Son L,tls ObisPo Era odton dDr t7d W) Arc/o'z L>! >:' nl'u fuuro - ilog fut 'a- 4 83crc lct-i: d Ld/ lb aE'Fr ltaP tul I hF Z>7 tn l2 ;rt":' V';; i;"- b;;,in4 a'e/' :{ ;2t""h"1/o cEuTpAL coa57 El/6lutE2lAlo PTFEPEUCES r ! u6 9'!7 2! ilo A,'Ct Pt lt9. C"lp-; 9k n,/5c -?- j- + 1:--+- -_.---_--\ & t,' Ir t2 Iil { U): -,,' 8t 3i.i 4l $! u It E2 !i 74 aeeayo 77b ,.) 70 't9 70 : r'lj' .. COLLA D3; ''.' : :at.- lb t oxn d1 d/ 'bi n e t90An latt Pad A:\1Clkvne c1d t>..timr CHICAGO TI''r,-,E COMPANY Issuing Office: L212 Marsh Street - P.O. Box 810 San Luis Obispo, CA 93405 Phone: (805) 543-2900 Fax: (805) 54L-2549,. or 543 -2539 CHRISTINE PERALTA 1334 DTABLO DR. SAN LUTS OBISPO, CA 93401 Order No. Reference: Regarding: o00223703 AS LOT 1-05 TRACT 583 LAGUNA LAKE sl,o, cA Dated as of August 8, Lg94 at 7 :30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuri.g against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) rS TSSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 6,*u =&u-'-ANNETTE SKEI,TON Title Officer PFPPS-08/05/s3bk EXHIBIT E ,-l lSCHEDULE A YourRet Lor 105 TRAcr 683 LAGUNA LAKEOrderNo: 223703 As 1. The estate or interest in the land hereinafter described or referredto covered by this report is: A FEE 2. Title to said estate or interest at the date hereof isvested in: THE CITY OF SA!{ LUIS OBISPO, if it be judicially determined that the fee title was dedicated by the dedication clause on the map of Tract No. 683, recorded May 8, 1-981 in Book 10 at page 578 of Maps, in the office of the County recorder of San Luis Obispo County, California and CHRISTfNE MULHOLLAND PERALTA, by deed recorded May L6, L994 under Recorder's Series Number 1-994-O3O57L, subject to Item N. 7 of Schedule B if it be judicially determined that only an easement was dedicated by said dedication clause 3. The land referred to in this report is situated in the State of California, County of san Luis obispo and is described as follows: Lot l-05 of Tract No. 683, j-n the Cit,y of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 8, l-981 in Book l-O at page 68 of Maps, in the Office of Lhe County Recorder of said County. PRELTMA-s/27le3bk .\ l AS SCHEDULE B YourRef: Lor l-05 TRAcr Gg3 LAGUNA LAKE Page I Order No: 223703 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Property taxes, including any assessments collected with taxes, to be Ievied for the fiscal year !994-95 which are a Lien not yet payable. Assessment No.0o4 ,292 , 04l. A E 2. The lien of supplemental taxes, if any, assessed pursuant provisions of Chapter 3.5 (commencing wit,h Section 75) of Taxation Code of the StaLe of California. to the the Revenue and 3. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on t.he recorded map shown below. Map of: Recorded: Easement Purpose: Affects: Purpose: Af fect,s: Tract No. 583 May 8, l-98L in Book l-O at page 58 of Maps drainage structure and storm drain as shown on said Map open space said land E D F 4. Al-l- areas below L26 fooL elevati-on located in said l-ot are subject to inundation from Laguna Lake and for flood conLrol and maintenance easement as shown on the map of said Tract. 5. Arr easement for open space purposes in favor of the City of San Luis Obispo, if it be judicially determined that only an easement was dedicated by the dedication clause on the map of Tract No. 583, recorded May 8, 1981 in Book l-0 at page 68 of Maps, in the Office of the County Recorder of said County. 6. The community interest of the spouse of the vestee named below Vestee H. L. Cal-dwe11 and ilohn L. Curci K 7. The community interest of the spouse of the vestee named bel-ow Vestee:CHRISTINE MULHOLLAND PERALTA, mwssp (,END OF SCHEDULE B PRELI[rB-8/7/91 -lrc 'I 1) . Page 2 Order No: 2237 03 SCHEDULE B (continued) Your Ref:LOT 105 TRACT 683 LAGUNA LAKEAS NOTE: THIS REPORT IS SUBJECT TO A MINIMTM CAIICELLATION CHARGE AS REQUIRED I'NDER SECTION L2404.1 OF THE STATE OF CALIFORNIA INSURATiICE CODE. NOTE: If a l-970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to t,he Exclusions From Coverage. LOAN POLICY EXCLUSION: Any claim, which arises out of the transaction creating t,he interest of the mortgagee insured by Lhis policy, by reason of the operaLion of federal- bankruptcy, state insolvency, or similar creditors' rights laws. OViINER' S POLTCY EXCLUSION: Any claim, which arises out of the transaction vest,ing in t,he insured, the esUate or interest. insured by this policy, by reason of the operation of federal bankruptcy, state insol-vency or similar creditors' rights Laws. NOTE: If a ALTA Residential Titl-e Insurance Policy form has been requested the fol-Iowing exceptj-on wiII be added Lo the exceptions from coverage: If in addition to a single family residencer lour existing structure consists of one or more additional dwelling units, i-tem L2 of 'CoveredTitl-e Risks' does not insure you against loss, costs, attorneys, fees, and any expenses or other consequences of: l-. the forced removal of any addiLional dwelling unit i ot, 2. the forced conversion of any additional dwelling unit back to its original use. NOTE: WIRE TRAIISFER INFORMATION ACCOUNT NAME OUR BANK ABA NO. (ROUTING): ACCOI'NT NO. : TTCOR TITLE ]NSURANCE COMPANY BANK OF AMERICA - 1850 GATEWAY coNcoRD, cA 94520 12 r-0 003 58 L2352-7LOL2 BE SURE TO PROVIDE OUR ORDER NO. ATiID THE ESCROW/TITI.E OFFICER NA}IE. NOTE: EFFECTIVE iIULY 1, 1994 AI.I. DOCI'MENTS TO BE RECORDED IN CALIFORNIA MUST CONFORM TO THE FOIJIJOWING: (A) A PAGE FOR THE PI]RPOSE OF RECORDING SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF pApER WHICH IS I L/2 INCHES By 11 INCHES. PBELTMBC-g/23lS3bk -)--) Page 3 Order No: 2237 03 SCHEDULE B (continued) Your Ref:LOT 105 TRACT 583 LAGUNA LAKEAS (B) A SHEET SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF PAPER WHICH IS Nor ExAcrry e t/z rNcHEs By i-1 rNcHEs BUT Nor GREATER TIIAN 8 r/z rxcuss ev 14 INCHES. (c) rF A pAGE oR sHEET DoEs Nor coNFoRM To rHE DrMENsroNs oF I r/z rNcIrBs BY ].1 INCHES THE RECORDER SHALL CIIARGE $3.00 EXTRA PER PAGE OR SHEET OF THE DOCI]MENT. THESE CIIAI{GES ARE PI'RSUATiIT TO GOVERNMENT CODE SECTION 27201, 27351 ATiID 2736L.5 WHICH WERE ENACTED IN THE 1992 I,EGISI,ATIVE SESSION TO BE EFFECTIVE JULY 1, L994. H NOTE NO. 1: The charge for a policy of title insurance, when issued through this title order, wiII be based on t,he basic (not short-Lerm) title insurance rate. I NOTE NO. 2: Property taxes for the fiscal year shown bel-ow are paid. proration purposes the amounts are: For Fiscal year L993-94 Lst Installment: 2nd Instal-l-ment: Land: Code Area: Assessment No: $3.37 $3.37 $60s. oo 003 - 005 004 ,292 ,041 J plc