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D-994 Santa Rosa Widening Recorded 06/16/1977
o RECOROIKG REQUESTED B y �SWCO TITLE INSURANCE COMPANY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Dept. of Transportation An'Aasn P. 0. Box L CITY e CA 93406 STATe San Luis Obispo, Zip Title Order No. Escrow No. 04718416E 90000;QOSTRW DOC. No. ` 29027 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL JUN 161977 CQMPARED WILLIAM E. ZIMARIK COUNTY RECORDER SPACE ABOVE THIS LINE FOR RECORDER'S AE ® AID #180 -14 GRANT DEED #180 -14 -1 #180 -14 -2 The undersigned declares that the documentary transfer tax is 8 ........... :.............. zw1m.............................................. and is ❑ computed. on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale: The land, tenements or realty is located in ❑ unincorporated area ❑ city of ....................................................................................................... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C. R. MAINO and JEANETTE GOULD MAINO, husband and wife, and V. J. MAINO and BETTY MAINO, husband and wife. hereby GRANT (S) to CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo county of San Luis Obispo , state of California: AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND COMPRISED OF ONE PAGE. v Dated- STATE OF CALIFORNIA COUNTY OF S r,4 .Ai 15 L fi U S SS. On APQIL -is- 1477 before me, the'under- signed, a Notary Public in and for said County and State, personally appeared V T H4 IAJ6 , 43 A4,41Aj o , (Z, R. /�l141N0- �cIIA%��YT'6 GOt1La H .4)A)Oknown to me to be the persons —whose name 6 ARE- ubscribed to the within instrument and ac owledged that-77ht=- Yexecuted the same. Signature of Notary 10-4 V. J. Ma•ino -� Betty maino K. aino FOR NOTARY SEAL OR STAMP OFFICIAL SEAL DAVID E. ALL15fl,4 NOTARY �ti91.1:: {t ^tS1A I t..f FRU.0 - AL Oii "c; ? - t� r\ QiA3JlciAtlS GC:i.1iY Com.,& EXP. FEB. 4, 19'D 1 r MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L-1 (G.S.) (Rev. 4 -75) 8 pt. D VOL 1987 PACE 507 I W } A o a JZ o m a Q ►= 0 a > - U LL m W O W LL J LL Q ° W U U� W U i N >. °u Wz Q ° _°_ � U 'I LL a Q U) Z Z Q. IL I Wz Q �a F_ 0 W UZ W LL Q Uz W)- o a Z JQ E a o� a s - C > W Z W 0 O m W o W. LL J LL a ° W u U� WQ ° W U ° °~ _ � U qo co U) Z C O Z a a Wz Q �a F_ 0 W UZ W LL Q Uz � r EXHIBIT A That portion of Lot 4 in Block 34 of the in the City of San Luis Obispo, according record May 1, 1878, in Book A at page 168 follows: PARCEL 180 -14 City of San Luis Obispo, to the map filed for of Maps, described as BEGINNING at the Northeasterly corner of Santa Rosa and Peach Streets in said City and running thence Easterly along the Northerly line of Peach Street a distance of 10.00 feet, thence Northerly and parallel to the line of Santa Rosa Street a dis- tance of 150.00 feet, to the line between Lots 1 and 4 in said block; thence Westerly along the line.between Lots 1 and 4 to the Easterly line of Santa Rosa Street; thence Southerly along the Easterly line of Santa Rosa to the POINT OF BEGINNING. PARCEL 180 -14 -1 A temporary easement for slope purposes over and across the following described parcel of land: BEGINNING at the Northeasterly corner of Santa Rosa and Peach Streets and running thence Easterly along the Northerly line of-Peach Street a distance_of.10.00 feet to the true POINT.OF BEGINNING, thence . continuing along the North line of`Peach Street a distance of 12.00 feet, thence Northerlyto a point on the line-between Lots 1 and 4, said point being 35.00 feet from the Northeasterly line of.Santa Rosa Street, thence Westerly along the line between Lots 1 and 4 a distance of 2.5.00 feet, thence Southerly parallel to Santa Rosa Street to the true POINT OF BEGINNING. PARCEL '180 =14 -2 A temporary easement for construction purposes over and across the following described parcel of land: BEGINNING at the Northeasterly corner of Santa Rosa and Peach Streets and running thence Easterly along the Northerly line of Peach Street, a distance of 22.00 feet to the true POINT OF BEGINNING, thence continuing along the Northerly line of Peach Street a distance of 28.00 feet; thence Northerly and parallel to the line of Santa Rosa Street to the line between Lots 1 and 4 in said block; thence Westerly along the line. between Lots 1 and 4 a distance.of 15.00 feet, thence Southerly to the true POINT OF BEGINNING. Said temporary slope and construction easements shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than June 1, 1978. VOL17 97 PACT 508 t, f • C E R T I F I C A T E O F A C C E P T A N C E THIS IS'TO CERTIFY that the interest in real property conveyed by the Grant Deed dated April 15 , 1977 , from C.R. Maino and Jeanette Gould Maino, husband and wife, and V.J. Maino and Betty Maino, husband and wife to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: May 19, 1977 ATTEST: /J. 'Clerk END OF DOCUMENT By OF SAN LUIS OBISPO %7- th E. Schwarz, Mayor VOL 1987, PACE 509 'r Lip DISTR ^T :APPROVED y PARCEL COUNT 1 APPRAISAL STATE'OF r.�ALIFORNIA INTERSTATE - -- TRANSPORTATION AGENCY Report No. ....... 3A DEPARTMENT OF Transportation' X ..............:....... 'DIVISION OF HIGHWAYS ........................................................ Yes No 6- .17 -76 MEMORANDUM OF SETTLEMENT Project No. Date............... ............................... C� District Parcel No. J y U 1 51 Authorization �� j.2.� r3 County a Rte. P.M. 6 Date 05 180- 14, -1, 2 SLO SLO Santa Rosa 1.30509 MAY 16 1977. Street M- Y394(1) To: E. F. GREGORY District Director of Transportation From: R. H. TARVIN p j Right of Way 'Agent SUBJECT: Acquisition of property from ACQUISITION FOR -CITY OF SAN LUIS OBISPO C..R. MAINO., et al. 2532 Scenic Drive Modesto, CA 95355 1 -i I Cost Center 430[9— Acquired For 1. Normal R/W 2. Chapt. 20 _..___..._.._.- 3. Hardship .4. Matl /Disp. 5. Other Sites 6. D.W.R. -- - - - - -- — 7. D.G.S. -- - - - -- 8. 0th. Agency Date of transaction: 4 -15 -77 Address of property 680 and 694 Santa Rosa Street, San Luis Obispo rI o� Occupant _._— ___._ -- Absentee _. X _ j;:� No. of Fee Interests _._._4 I i z� No.. of Lease Interests ._.._.._. DOCUMENTS IN FILE (X) H -R /W 42 Improvement Inventory and Disposal W R,, W Contract (. ) Register No. Record (X) Grant Deed (X) Parcel Diary ( ) Quitclaim Deed (X) Appraisal With photos ( ) Easement Deed (X) Appraisal Summary Statement (X) Title Report (X) Administrative Authorization Memorandum (X) Map 1. TYPE OF HIGHWAY: j1,1 ( ) Freeway ( ) Expressway ( ) Conventional (X) City. Street Proposed Advertising Date 6/77 Construction Project Santa Rosa 'Street between Walnut and Monterey Streets in San Luis Obispo 2. ACCESS: ( } Acquired in accordance with -the appraisal. Frontage Road ...................... X ` ( } None — Entire Acquisition Yes No � . ( Otlier: Explain Acquired for city street 3: DEED CLAUSES: (X) Description checked against area being acquired. Deed Form No. RW- Form provided by title company Standard Clauses: None t Special Clauses: Termination date for temporary construction easements. Do the subject exceptions and /or reservations have molerial effect on the market value of the property being acquired? ......._Ye. s H.R /W -60 (REV. 2.66) ......... ...... No L osP • • (See Attached Sheet No. J 5. CONSTRUCTION CONTRACT OBLIGATIONS: Clause No 8 (A) , (B) (C) Construct concrete retaining. wall ....... 8(D) Construct_ 20 -foot driveway apron (Peach Street) ........ TOTAL (See Explanation.— Item 8 — for variation from appraisal) H.R /W 60 ( ) None Appraisal Settlement $ -0- $12,316 $ -0- $ 600 $ -0- $12,916 t. 2 Santa Dist. 05 Co. SLO Rte.Rosa P.M. Street 4. DESCRIPTION OF PROPERTY ACQUIRED: Parcel No. 180- 14, -1, -2 LAND:. ta] Area Calculated by Acre Sq. Ft. X Ls Total Take Area 7777 180 -14: e ar Partial Take Area 1,500 s.f.- Remainder Area 6 000 s.f. _ _ is Area in R/W 1, 500 s. f. X19] Area in Excess None Other Area (Explain) 180 -14 -1: Tem orary Construction Easement. - 2,800 s. f. 180 -14 -2: Temporary Construction Easement = 3,200 s.f. [] Region: Rural _ Urban X Special [] Best Use: Agri. Comm. Indust. _ Resid. X Purpose [z] Character: Improved X Unimproved Multiple IMPROVEMENTS: LJ All X Part None 180 -14 Nonsalbable improvements 180 -14 -1 2 Single- Family Residences with detached Garage (See Attached Sheet No. J 5. CONSTRUCTION CONTRACT OBLIGATIONS: Clause No 8 (A) , (B) (C) Construct concrete retaining. wall ....... 8(D) Construct_ 20 -foot driveway apron (Peach Street) ........ TOTAL (See Explanation.— Item 8 — for variation from appraisal) H.R /W 60 ( ) None Appraisal Settlement $ -0- $12,316 $ -0- $ 600 $ -0- $12,916 t. 2 Santa Dist. 05 Co. S�O R*�l�oa P.M. ' Street � Porce|No. IO0-l4,-I'-2 8. EXCHANGE OF LAND: L241 � ( )See Explanation - /^cm O - and Map . l8O-l4 ' �CONDEtANATION INFORMATION: ( ) None I80-14-1 (,%I City CNv- 47851 Date Filed I2-3l-76par. 180-14-2 (~) O.P., Eff,---9_^7_- --� [2�] |nJoprn6ont Appraisers Employed? Yes ''''_ No Grantor (has) (has not) withdrawn or made. application for withdrawal of State's deposit. 8. SETTLEMENT: E2�6] (K) by Contract ( ) Other EE Settlement amount some as first approved COMPARISON W/THAPPRAISAL: appraisal ( ) Yes (o9 No ` -Item SEE BREAKDOWN PAGE 3A Appraisal s°tt/,m"" ��LanJ $ 180-14 --------------------- 7,500.00 7,500.00 I80-14-1 ------------- 315.00 I/260.00 180-14-2 ------------------------ 360.00 1,440.00 L-2:9] Improvements 180-14 ----------------- ----- 300.00- 300.00 180-14_1 ------------------------ 36,315.00 36,215.00 ' Damages --l8O-l4 ----------------------- 12'316.00 0.00 -180-I4-1v-2 -------------------- 0.00 0.00 Rent Loss -------------------- 0.00 1,666.45 G:i]Tmo|s F3�l LESS Credit (if any) for ` L33] Interest Payment E3:4] Cosh to Cromv, F3r,l Construction Contract Obligations ��Tmm| [vnuido�hvn �� ' G77lFun6s o're being withheld in the amount of $ (See'Atiached Sheet No. ----------------- $57,0O6 .O0 $48x3O 4 0.00 0.00 $4.8—f-3.81 4. 5 $'___0 $12 ��l6.00 $5.7..,.,0.0.6....0.0......._ $6Ix29 7.45 - -----_— x,cvvm- - ---- �~ � � 3 • 180- 14,, -1, -2 8. SETTLEMENT: Settlement 7,500.00 1,260..00 1,440.00 300.00 36,215.00 0.00 0.00 1;666.45 $48,381.45 0.00 0.00 $48,381.45 12,916.00 $61,297.45 3A i� Appraisal 180 -14: Fee 1500 s.f. @'$5 /s.f. ...... .............. 7,500.00 180 -14 -1: Temporary Construction Easement 2800 s.f. x $5 /s.f. x .09 x 3 mos. ....... 315.00' 2800 s:f. x $5 /s.f. x .09 x 12 mos. ...... 180 -14 -2: Temporary Construction Easement 3200 s.f. x $'5 /s.f. x .09 x.3 mos. ....... 360.00 3200.s.f. x.$5 /s.f. x .09 x 1.2 mos. ...... IMPROVEMENTS 180 -14:' ,Miscellaneous flatwork and retaining wall concrete work .. ........ .... ... 300.00 180 -14 -1: 2 Single- Family Residences with detached garage .... ...... ......... 36,215.00 DAMAGES 180 -14: ... ....:.......................... 12,316.00 180- 14 -1, -2: ................ ............... 0...00 Rent Loss ....... .... ................... . 0..00 $57,.006.00 LESS Credit ................................ 0 Interest Payment ...... Cash to Grantor ....... Construction Contract Obligations .......... 0.00 TOTAL CONSIDERATION ....$57,006.00 Settlement 7,500.00 1,260..00 1,440.00 300.00 36,215.00 0.00 0.00 1;666.45 $48,381.45 0.00 0.00 $48,381.45 12,916.00 $61,297.45 3A i� 8. SETTLEMENT - Explanation • 180- 14., -1, =2 The subject transaction involves the acquisition in fee'of a 1,500 s.f. parcel. Also being acquired are two temporary con- struction easements consisting of 2,800 and 3,200 s.f. These easements will encumber the entire property remainder. Located partially within the area-being acquired are two single - family residences and a detached garage: These improvements are to be cleared from the site by the City. The two temporary construction easements being - acquired are for the purpose of relocating from the remainder the above mentioned improvements and constructing a retaining wall along' the new frontage of the property._ The - approved appraisal valued the.two temporary easements for only a 3 -month period. According to the present revised schedule, actual street construction will not now start until sometime in September 1977, and in probability will not be completed until sometime early in 1978. As a result, the property owners will be unable to commence redevelopment of the property remainder until after that time; therefore, the temporary easements have been extended for an additional nine months or for a duration of one year. See the Memorandum of. Adjustment from the Appraisal Branch, Pages 3D,3E. The subject acquisition also involves the relocation of tenants from the separate residences. On November 1, 1976, the tenant living,in the residence at 680 Santa Rosa - Street vacated voluntarily. This dwelling was not re- rented On March 1, 1977, the tenant living in the residence at 694 Santa Rosa Street vacated that 'improvement. This dwelling was also not re- rented. Inasmuch as- the owners suffered a loss in income which was directly attributable to the planned improvement, it is thought to be equitable to reimburse them for the actual rent lost. This rent loss is calculated as follows: 3B a • • 680 Santa Rosa Street 11 -1 -76 to 5 -31 -77 (estimated date of close of escrow) 7'months @ $180 /month $1,260.00 694 Santa Rosa Street 3 -21 -77 to 5 -31 -77 (estimated date of close of escrow) 2 months, 10 days @ $175 /month ..... $ 406.45 $1,666.45 See attached Nonsubstantial Administrative Authorization memorandum for approval to pay the rent loss and for other 'aspects pertaining to the difference between the State's apprai -, sal.and - the settlement, Pages 3G, 3H, 3I. It should be noted that since the property owners are being paid for rent loss, they have, by means of Clause -l2 of the Right of Way Contract, waived all right to interest which may have accrued on the total settlement by.means of an Order for Possession effective April 7, 1977: During negotiations, the property owners requested that they be allowed a road approach to serve their remaining property from Peach. Street. Prior to acquisition their property was served by access from Santa Rosa Street. It was agreed by the City that the owners were entitled to a means of access from a public street to restore that being lost. It was felt, however, that the, safest access would be from a road approach off Peach Street. The cost to construct access.in this manner has been estimated'by the City to be $600. Refer to the attached cost estimate, Page 3F, and to the Memorandum of- Adjustment for authorization to include this obligation in the settlement, Pages 3D; 3E. 0 3C State of California "Memorandum To D. A. Friend F. 0. Monson From : DEPARTMENT OF TRANSPORTATION Subject: MEMORANDUM OF ADJUSTMENT bsiness'and Transportation Agency Date: April 1, 1977 . File : R/W 05 -SLO -Santa Rosa St. Parcel 180- 14, -1, -2 05420 - 130509 Subsequent to completion of the staff appraisal report for the above referenced parcel, it was determined that the temporary construction easements included in that report should be for a longer duration than three months. It now appears the street project will not be completed until.sometime in May or June, 1978. Since the parcel remainder will require considerable restoration work-to be performed by the City's contractor, the owners will be unable to use or restore their remaining property until after the.date above mentioned.. The City has also recently requested that the State perform or oversee the property clearance efforts currently scheduled to commence shortly. As a result, the temporary construction easements should be valued for a greater length of time--a,12-month period beginning June 1, 1977, and ending June 1, 1978. This 12 -month period of time will (1) allow the State to enter on the property for the purpose of removing the residential improvements from the prop- erty, and (2) allow the City to construct a retaining wall at the time of actual street widening. Therefore, the valuation of the temporary construction easements should be amended as follows: Parcel 180-14-1-- Temporary Construction Easement: 2800 s.f. x $5 /s.f. x .09 x 12 months. _ $1,260 Parcel 180 -14 -2 - Temporary Construction Easement:' 3200 . s.f. x $5 /s.f. x .09 x 12 months = $1,440. It has also been noted that the subject parcel is currently served by a driveway leading directly to Santa Rosa Street. In the past J� I 0. • D. A. Friend April 1, 1977 Page 2 this driveway has been satisfactory, but due to increased traffic on Santa Rosa Street, it has recently become somewhat unsafe.. At the time the subject parcel was appraised, no driveway was included since it was not known in what manner the owners would desire to restore their remaining property. It has now been determined by the owners, and concurred with by the City, that the best means of access to the parcel remainder would be from Peach Street. This would allow a much safer means of ingress and egress to the property. The City has estimated the cost to put in this driveway at approximately $600. (See attached cost quotation from the City.) Please include this work as a construction contract item in your eventual settlement: Construction Contract Work: Construct 20 -foot driveway apron (Peach Street) ....................... $ 600 It was also brought to the attention of the Appraisals Branch that the owners of.the property do not reside in the immediate area. They have therefore requested that the City perform the work of constructing a retaining wall along the frontage of their remaining property. This work had previously been treated as a cost -to -cure item. Because of the inconvenience that would be imposed on the owners if they were required to construct this wall, it would appear justifiable to include this work.as a con- struction contr.act.item in lieu of a cost -to -cure payment. Previous estimates.covering this work were in fact provided by the City; therefore, it will not be necessary to acquire new estimates. Construction Contract Work: Construct concrete slumpstone retaining wall ...................... $12,316 FOM:jc z . IlFlli h III I� II ;, �� ►� III City Of SAn l OBISPO. i�il! qR;!'; i DEPARTMENT OF COMMUNITY DEVELOPMENT i,'fNfiE;I' ^II °'f'i`` Post Office Box 321 •San Luis Obispo, CA 93406 • 805/541 1000 °d� L vi'Wi Rill r„Ji.IH HI�G:�i7ci rJ kiE „iHl �fi MEMORANDUM May 3, 1977 TO: Bob Tarvin Cal Trans FROM: Tom Gingg "�cd Engineering Division RE: Santa Rosa Street Widening Corner of Peach and Santa Rosa for installation of new driveway ramp. Remove and replace existing curb and gutter $220.00 Remove existing sidewalk $ 80.00 Construct. new driveway ramp $313.50 Total $613.50 Round off to $600.00_ TPG: js { State of California- 46siness and Transportation Agency ^Mem®rtandusn To Acquisition Branch Date: April .1, .1977 File R/W 05— SLO— Sta.RosaSt. Parcel 180- 14, -1, -2 05430 - 130509 H. L. Bentzing From• DEPARTMENT OF TRANSPORTATION Subject: Nonsubstantial Administrative Authorization to Settle It has been brought to my attention that the owners of the above referenced parcel are willing to accept the State's offer pro- vided some consideration is given.to their loss in rental income occurring since commencement of negotiations. Located on the subject property are two single- family residences: one renting for $175 /month and the other for $180 /month. The owners report that when their tenants learned the City of San Luis Obispo would be acquiring the property and removing the dwellings, the tenants immediately began to seek new housing. This situation, coupled with Relocation Assistance benefits, resulted in one of the dwellings becoming vacant on November 1, 1976, with the owners unable to find a new tenant. The owners report that when desirable prospective tenants learned the property was to be purchased by the City in the very near future, they immediately rejected it.as a source of housing. The tenant living in the second dwelling vacated the property on March 21, 1977. Again, the owners report difficulty in renting this improvement. They therefore claim their loss in rental income is directly attributable to the City's pending acquisition of the property. From the above, it would appear the property owners have in fact suffered a monetary loss due to the pending acquisition of their property by the City. If the City agrees, however, to pay the amount of this rent loss, the owners have agreed to waive any and all interest which will accrue on any event-ial settlement from April 7, 1977, which is the effective date of the Order for Possession. covering this.property. A second point to consider is that had new tenants moved into the respective dwellings, the City would be responsible for secondary relocation benefits and the strong likelihood that the new tenants might not'be able to vacate the premises at such time •- Acquisition Section April 1, 1977 .Page 2 11 as the City might be required.to -take possession. Should the latter situation occur, the.project could not be certified as scheduled, resulting in a costly delay. Considering the foregoing, but subject to official approval by the City of San Luis Obispo, you are authorized to include a rent loss payment in the amount of $1,666.45 in your settle- ment with the property owners. This rent loss payment'is to be calculated as follows: 680 Santa Rosa Street . 11 -1 -76 to 5 -31 -77 (estimated date of close of escrow) 7 months @ $180 /month $1,260.00' 694 Santa..Rosa Street 3 -21 -77 to 5 -31 -77 (estimated date of close of escrow) 2 months, 10 days @ $175 /month ..... $ 406.45 Payment of the rent loss ($1,666.45) is to be made as 'a non - substantial administrative adjustment to the approved appraisal and is recommended for acceptance by the City of'San Luis Obispo .for the following reasons: A) Nonsubstantial amount of the increase: $1,666.45 i. $46,715 = 3.59% B) Proposed settlement is equitable to both the City of San Luis Obispo and the property owner. C) Exposure should the matter proceed to trial would, without question, exceed several times over the nominal increase. D) Settlement will obviate the need to expend additional .substantial sums of money in further conduct of a condemnation action.. E) Obvious advantages in not burdening the Superior Court with a lawsuit when settlement can be achieved by pay- ment for what appears to be a legitimate,claim by the f. property owners. OW Acquisition Section ,April 1,.1977 Page 3 The increase, plus the.revised appraisal figure for land and improvements of $46,715.00, will bring the total amount payable to the property owners by means of this transaction to $48,381.45. This amount, when added to the cost to - perform the required con- struction contract work of $12,916.00 (retaining wall and driveway), brings the total consideration for this parcel to $61,297.,45, or $4,291.45 over the staff appraisal figure of $57,006.00. The'additional..$4,291.45 is comprised of a $600 increase in construction contract work for driveway approach and $2,025 for extension of temporary construction easements, which items are covered by appraisal adjustment memorandum; also this administrative settlement authorization for rent loss in the amount of $1.,666.45. HLB:jc No JL Santa Dist. 05 Co. SLO Rte. Rosa P.M. Street 9. TITLE EXCEPTIONS: Parcel No. 180-14,-1,,-2 TAKEN SUBJECT TO: T. R. No. Cont. No. Description and Explanation 2(A) 1977—.78 taxes, a lien not yet due or payable. Do the subject exceptions have, material effect on the market value of the property being acquired? X ...... ....... N ........ (Sce .Attached Sheet No.. NOT TAKEN SUBJECT. TO: T. R... No. Cont. No. (if any) Description and Explanation 2M. 1975-76 taxes which have been paid. 19.76-77 taxes which have also been paid. (See Attaclied Sheet No. 47C,6C�bD 10-70 tM 0SP Santa Dist. 05 Co. SLO Rteposa P.M. Street 10. UNRECORDED INTERESTS: Parcel No. 180 - 14,-1, -2 X Investigation indicates none involved. Handled as follows: 1. 1. SPECIAL CLAUSES IN CONTRACT: None Clause No. Explanation ,See Page 5A. (See Attached Sheet No. -------------------------------- 12. POSSESSION AND OCCUPANCY: Property to be delivered: Present Occupancy: X. Vacahton ------ 4 -7 -77 Effective - --- - - - - -- date of Owner _ —Close of Escrow Order for Possession _X State 15 -day grace period Month -to -month Lease Lease quitclaimed -------------- - - - --- ----------- - - - - -- Vacant Yes No Rentable. Land: X None Unimproved Grantor to Remove. Improvements - ------ --- ---- - - - - -- -- --- -- ---- - - - --- - With Improvements Yes No Rental or Lease Provisions in Contract ----- - - - - -- -- "- - - -- -------------- - - - - -- Rate $ ------- ---- ------------ - - - - -- - -- -- ------ --- -- ------- --- - - - - -" -- --- - - - - -- Yes No Comments: 13. DATE OF VESTING IN GRANTOR: During last 5 years ------------------ X Yes No Acquisition data within 5 years: Date Consideration $ a From Whom Acquired: Pertinent information re purchase: . HRJW 60 A osA „,Y Z, 5 . , 180- 14, -1, -2 11. SPECIAL CLAUSES IN CONTRACT: Clause 7: This describes the purposes and termination date for the temporary construction easements. Clause 10: The actual whereabouts of the utility services serving the subject property are unknown by the City or-the property owners. "Should it be determined at a later date that the utility services serving.the property remainder will be disturbed, the City will restore said services to -a convenient location, as may be required. Clause 11: This was included at'the insistence of the property owners and explains that this trans- action is in lieu of .a litigated eminent domain action. Clause 12: This is a revised R/W Manual Clause 3.312: Confirming Date of Possession. ' Since there are improvements located on this property, the City sought to gain possession from the.date on'which the Grant Deed would be accepted, -if earlier than that of the effective date of the Order for Possession-- 4 -7 -77. This clause identifies the, aspect of liability should the City have chosen to take early possession of the property. 5A a 14. ADVERTISING SIGNS: Lease --------- - - -- -- ----- - Yes No Cost of removal to be borne by: Santa Dist. 05 Co. SLO Rte. Rosa P.M. X Street _;______ None Parcel No. 180- 14, -1, —.2 Cancellation clause in lease .- _-- ___________ Yes No -------- Not yet determined -___ -_ State Estimated cost - $ Comments: 15. MISCELLANEOUS INFORMATION: ___ Lessee Complaint to Headquarters c..._____._ -___ -- _..._X__.-__._ Yes No a. The attached right of way contract embodies all of the considerations agreed upon between the, undersigned and the property owner. b. The attached right of way contract was obtained without coercion, promises other than those shown in the contract, or threats of any kind whatsoever by or to either party. c. I understand that the rights being secured may be used in connection with a Federal -aid highway project. d. I have no direct or indirect present or contemplated future personal interest in the property being acquired or in any benefit from the acquisition of subject property. 38 Total number of personal tolls: --------- _...7 ------------ .____- F391 Months between first approved appraisal and right of way certification date ......... ......._...12.__. F46_1 Months between first approved at Months between assignment F4_2FI Months between assignment appraisal and assignment to and close: . . ..... ..... 7__.,,__.___,_... and suit filing:.._.. _ _.__.6..._. original agent: ------------- 1 -- --- - -- - -- I hereby recommend the approval of this transactio _ ....__.. --------- — -- . JC ight f Way Agent R. H. TARVIN Recommende Jor Dist f Approval: By --- - -- ----- -- ---- Senior Right of Way Agent Dale - MAY 16 1977 D. A. FRIEND H_R /W 60 (REV. 7.67) - 6A Q osP 2532 Scenic Dr. Mo ^to, California April 15. 19 77. C. R. MAINO, et.al. Grantor Dist. ty P.N1. R W E.A. 05 _ S J Cit y SLO -- 9tiita Rosa - 130509 reet- FAU M- Y394(1) RIGHT OF WAY CONTRACT - CITY STREET Document No. 180- 14, -1., -2 in the form of a GRANT DEED covering the property particularly described therein has been executed and delivered to R. H. TARVIN , Right of Way Agent for the State of California, acting on behalf of the City of San Luis Obispo. 6 In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:. 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of San Luis Obispo of all further obli- gation or .claims on this account, or on account of the location, grade or construction of the. proposed public improvement. 2. The City of San Luis Obispo shall: (A) Pay the undersigned grantor(s) the sum of $ 48,381. -45 for the property or interest conveyed by above document(s) when title to said property vests in the City of San Luis Obispo free and clear of all liens, encumbrances, assessments, ease- ments and leases (recorded and /or unrecorded), and taxes, except: a. Taxes for-the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. C. Easements or rights of way over said land for.public or quasi- public utility or public street purposes, if any. (B) Pay all escrow and recording fees incurred in this trans- action, and if title insurance is desired by the City of San Luis Obispo, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and /or delinquent or nondelinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. 3. Any or all moneys payable under this contract, up to and inclu- ding the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor(s) with good and sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. The grantor(s) shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to the City of San Luis Obispo upon compliance by the grantor(s) with the conditions of this contract. All rents collected by grantor'(s) applicable to any period thereafter shall be paid to the City of San Luis Obispo. Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary.to comply with the provisions of this clause. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor(s) further agree(s) to hold the City of San Luis Obispo harmless and reimburse the City of Sari Luis Obispo for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor(s) for a period exceeding one month. 6. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said.action. - 2 - 7. It is understood and agreed by and between the parties hereto that also included in the sum shown in Clause 2(A) above is pay - ment for the temporary slope easement and temporary construction easement, as described in the above referenced Grant Deed. Said easements are for the purpose of constructing a concrete slumpstone retaining wall, as described in Clause 8 below, and for removing certain improvements located partially within and partially without the City's new right of way line. These temporary easements shall cease and terminate upon completion of construction, but in any event, shall cease and terminate no later than.June 1, 1978. 8. It is further understood and agreed hereto that the City, at time of street to grantors, shall construct a concrete along the frontage of grantors' remaini wall construction shall consist of, but following: by and between the parties widening and at no expense slumpstone retaining wall ag property. Said work of not be limited to, the (A) Construct footing for concrete slumpstone retaining wall in the manner as required by the City. Building Department. (B) Construct slumpstone retaining wall ranging from approximately three and one -half feet to.nine feet_ (3Y to 9') high, including supportive steel. (C) Grade, compact, and backfill behind retaining wall .and on grantors' remaining property, in accordance with City building standards. (D) Construct a 20 -foot concrete driveway apron to serve grantors' remaining property in the location shown on the sketch attached hereto and made a part hereof as Exhibit "A." Permission is hereby granted the City or its authorized agent to enter upon grantors' land, where necessary, for purposes of constructing the concrete slumpstone retaining wall and driveway apron as described above. Grantors understand and agree that upon completion of the work described above, said retaining wall located upon grantors' land shall be considered as the sole property of the grantors, the main- tenance and repair of said property to be that of the grantors. Upon completion of construction of the driveway apron above mentioned, said driveway apron shall be considered as an encroach- ment under permit upon the city.street and is to be maintained, repaired and operated as such by grantors, in accordance with and subject to the laws of the City of San Luis Obispo. - 3 - i S_" All work done under this agreement shall conform to all appli- cable building, fire and sanitary laws, ordinances and regulations relating to such work, and shall be done in a good and workmanlike manner.. 9. It is understood and agreed by and between the parties hereto that payment in Clause 2(A) above includes, but is not limited to, payment for the following items which are considered to be part of the realty and are being acquired by the City in this transaction: (A) Two 1180 s.f. single- family residences. (B) One.364 s.f. detached garage. (C) Miscellaneous concrete flatwork, including steps, retaining wall, driveway; and landscaping. 10. It is also understood and agreed by and between the parties hereto that all water, sewer and gas line services affected by City's proposed construction, which are not compensated for under the amount provided in Clause 2(A) above, and specifically desig- nated as having been provided for by the terms of this contract, shall be reconnected or extended to a convenient and accessible location on grantors' property by the City or its contractor at no expense to grantors. The City or its agent is hereby granted the right to.enter upon the remaining property of grantors for the purpose of performing said work. 11. It is.further understood and agreed by and between the parties hereto that the property described in Grant Deed No. 180- 14, -1, -2 is for the purpose of improving a public facility, and the subject transaction is in lieu of an eminent domain proceeding. 1.2. It is agreed and confirmed by the parties hereto that not- withstanding other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on-April 7, 1977, the effective date of that certain Order for Possession filed on December 21, 1976 and personally served on grantors on January 7, 1977, or on the date the City of San Luis Obispo accepts the above mentioned Grant Deed, whichever occurs first. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use including damages, if any, from said date. The City of San Luis Obispo agrees to indemnify and hold harmless grantors.from any liability arising out of.City's opera- tions under this clause. The City further agrees to assume -4- responsibility for any damages proximately caused by reason of City's operations under this clause, and City-will, at its option, either.repair or pay for such damages. 13. This transaction will be handled through an escrow with SAFECO Title Insurance Company, P. 0. Box 1145, San Luis-Obispo, CA; their No. 103541. - 5 - +� O J I i I I a rt _ all -/ -Z U %0.� G VR$ i7D{fP�•. � b�1�po0 I� I I I Tom, • J � 1 6 _ aG TYR fH'S Buc_ �c(�0 I o� 0 �II I r/ r =a� "Qinnn t�p.J -:� R•oT.4 ,fir �'r� a' lNrr;�aAC, sw; 15,,61076p- My- G1TY 5TLt 240 3 t 50 43 N Q$ op M v Q Ilu III I l� v z Q 1 �m Ito' Zo li �� � I I �a I LONF0 N& To 1S•C ' % J V A.G • 1-9— I; t =. iS r !sF- UATivE 5o«, 0 9536 44!FA1-nOAt'- 7" VE FV WFT e 2 "bLAwxEr A. C. 14� p�12 SFEGIrICA ?IONS - 9" :. rorAL TNIGKNEss A.G• I'y TYPICAL STREET NOT TO 5GA1.1- Cou�tKUr✓T �f>�� wain � --��_' Cup$ nom• R• =15. oo � . , ,•li PAVE: v Z -r,.C,� a 4. ° NI I -A r2' i i —Z;Z 2 5. A sa-./ -a PID SA 3too ` I g� o +oo" pfxH 4too 1 a . IN WITNESS WHEREOF, the parties have executed this agreement 'the day and-year first above written. Maino B� e y aing) Maino. r-C F ette —G�o ud M ffai n o Rec Ei or Approval: 01-7 �- 417 Right ,'f y Age r�t CTITY- OF SAN LUIS 08ISPO Dittric�E -Right of Acquisition Branch n. etN-E. S Mayor I STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 'm TILEPHONE (805) 549 -3111 June 28, 1977 R/W 05 -SLO -Santa Rosa Street Parcel #180- 14,- 1,- 2(Maino) 05430 - 130502 r 1031 , � City of. San Luis Obispo P -. 0 . Box 3 21 San Luis Obispo, • CA 93406 ,mac Attention Mr. Wayne. Peterson, City Engineer Gentlemen: Returned for your files for the. above referenced parcel are the following documents: Copy of the Memorandum of Settlement Fully executed R/W Contract Recorded Grant Deed Today, we requested cancellation of City and g taxes -on this property. ly,. rien District Right of Way -Agent Acquisition Branch" Enclosures (3) i ESTATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF 'TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 m TELEPHONE (805) 549-3111 July 14, 1977 R/W 05 -SL0 -Santa Rosa Street Parcel #180- 14,= 1,- 2(Maino) E.A. 130502 13141516�j�� City of San Luis Obispo -P . ' O . Box 321 San Luis Obispo, CA.93406 Attention Mr. Wayne-,Peterson. City Engineer Geritlemen- Returned for your files for the above referenced parcel- are the following documents: 1. Original Resolution.3323 2. Policy of -Title Insurance 3.. A copy-of the escrow--statement 4 A copy of the certified closing state- ment &NAW jI D. -A. 'Friend' District Right -of Way Agent Acquisition Branch- Enclosures. (4 ) RESOLUTION NO'. 3323 (1977 SERIES), A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND C. R. MAINO AND JEANETTE GOULD MAINO AND V. J. MAINO AND .BETTY MAINO FOR SANTA ROSA STREET WIDENING PROPERTY ACQUISITION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and C. R. Maino and Jeanette Gould Maino, and V. J. Maino and Betty Maino for Santa Rosa Street widening property acquisition is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furhish.a copy of this Resolution to- gether with a copy of the agreement approved by it to the City Engineer. On motion of Councilman Dunin seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of May. 1977. ATTEST: er yor R 3323 RESOLUTION . NO. 3323 Approved as to form: WENDT ' MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By'D—ALE C. MITCHELL -2- (1977. Series) Approved as to content: City Acim-ini-st-raE-3--ug-Offic - er City(Ehgi - . .)neer - O it/- CLTA -1973 STANDARD COVERAGE POLICY OF TITLE INSURANCE issued by SAFECO TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. 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 such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of 'the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. 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; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. kill Secretary RC y, .5. 191 �� President An Aut ized Signature P -218 (G.S.) Rev. 8 -73 o('S /35D (QS S Citedi L S D . °e 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 may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, per- sonal representatives, next of kin, or cor- porate 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 such indebtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2(a) of these Conditions and Stipulations. (b) "insured claimant ": an insured claiming loss or damage hereunder. (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 ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (f) "land ": the land described, spe- cifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any area excluded by Paragraph No. 6 of Part I „f Schedule b of this Policy. (g) "mortgage ": mortgage, deed of trust, trust deed, or other security instru- ment. (h) "public records ": those records which by law impart constructive notice of matters relating to the land. 2. (a) Continuation of Insurance after Acquisition of Title by Insured Lender If this policy insures the owner of the indebtedness secured by the insured mort- gage, this policy shall continue in force as of Date of Policy in favor of such 'in- sured who acquires all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such insured; and in favor of any governmental agency or in- strumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty in- suring or guaranteeing the indebtedness secured by the insured mortgage. After any such acquisition the amount of insur- ance hereunder, exclusive of costs, attor- neys' fees and expenses which the Company may be obligated to pay, shall not ex- ceed the least of. (1) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid prin- cipal of the indebtedness plus interest thereon, as determined under paragraph 6(a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of ac- quisition of such estate or interest in the land; or (iii) the amount paid by any govern- mental agency or instrumentality, if suc:i agency or instrumentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insurance contract or guaranty. (b) Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or 'interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such in- sured shall have liability by reason of covenants of warranty made by such in- sured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the in- debtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Ac- tions- Notice of Claim to be Given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such litigation involves an alleged defect, lien, encumbrance or other matter insured against by this policy. (b) The insured shall notify the Com- pany promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or in- terest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that fail- ure to notify shall in no case prejudice the rights of any such insured under this policy unless the. Company shall be pre- judiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or pro- ceeding or to do any other act which in its opinion may be necessary or desir- able to establish the title to the estate or interest or the lien of the insured mort- gage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby con- cede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted_ by the provisions of this policy, the Company may pursue any such litigation to final determination by a' court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy per- mits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured here- under shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid (1) in any such action or proceeding in effecting settlement, secur- ing evidence, obtaining witnesses, or prose- cuting or defending such action or pro- ceeding, and (2) in any other act which in the opinion of the Company may he necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, in- cluding but not limited to executing cor- rective or other documents. 4. Proof of Loss or Damage - Limi- tation of Action In addition to the notices required un- der Paragraph 3(b) of these Conditions and Stipulations, a proof of loss or dam- age, signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall de- scribe the defect in, or lien or encum- brance on the title, or other matter in- sured against by this policy which con- stitutes the basis of loss or damage, and, when appropriate, state the basis of cal- culating the amount of such loss or dam- age. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability here- under, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to in- sured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or Otherwise Settle Claims and Options to Pur- chase Indebtedness The Company shall have the option to (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) . � drf SCHEDULE A Policy No: 103541. Amount of Insurance $ 48,381.45 1.. Name of Insured:. 0 No. SP 154453 Premium 8 251.50 (A -2 -a) Date of Policy: June 16, .1977 at 8:00 a.m. CITY OF SAN LUIS OBISPO 2. The estate or interest in the land described herein and which is covered by this policy is: .A Fee as to Parcel 180 -14; and a Temporary easement as to Parcels 180 -14-1 and 180 - 14-2. 3. The estate or interest referred to herein is at Date of Policy vested in: CITY OF SAN LUIS OBISPO 4. The land referred to in this policy is situated in the State of California; County of San Luis Obispo and described as follows: SEE DESCRIPTION ATTACHED. P -218 -A (G.S.) Rev. 11 -75 California Land Title Association Standard Coverage Policy -1973 CRC Qr F -25 {G. S.) That portion of Lot 4 in Block. 34 of the City foof San Luis Obispo, in the ee Book A Cit at San n Luis Obispo, according to the map Page 168 of Maps, described as follows: Parcel 180-14 Beginning at the Northeasterly corner-of Santa Rosa and Peach Streets in said City and running thence Easterly along the Northerly line of Peach Street, a distance of 10.00 feet, thence Northerly and parallel to the line of Santa Rosa Street, a distance of 150.00 feet, to the line between Lots 1 and 4 in said block; thence Westerly along the line between Lots 1 and 4 to the Easterly line of Santa Rosa Street; thence Southerly along the Easterly line of Santa Rosa to the point of beginning. Parcel 180 -14 -1 A temporary easement for slope purposes over and across the following described parcel of land: Beginning at the Northeasterly corner of Santa Rosa and Peach Streets and running thence Easterly along the Northerly line of Peach Street, a distance of 10.00 feet to the true point of beginning, thence continuing along the North ]be of Peach Street, a distance of 12.00 feet; thence Northerly to a point on the line between Lots 1 and 4, said point being 35.00 feet from the Northeasterly line of Santa Rosa Street, thence Westerly along the line between Lots 1 and 4 a distance of 25.00 feet, thence Southerly parallel to Santa Rosa Street to the true point of beginning. Parcel 180 -14-2 A temporary easement for construction purposes over and across the following described parcel of land: Beginning at the Northeasterly corner of Santa Rosa and Peach Streets and running thence Easterly along the Northerly line of Peach Street, a distance of 22.00 feet to the true point of beginning; thence continuing along the Northerly line of Peach Street, a distance of 28.00 feet, thence Northerly and parallel to the line of Santa Rosa Street to the line between Lots 1 and 4 in said block; Southerly along ngn Lots 1 and 4 a distance of 15.00 feet, the nce Said temporary slope and construction easements shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than Jame 1, 1978. P -218 -B (G.S.) Rev. 8 -73 California Land Title Association Standard Coverage Policy -1973 SCHEDULE B :7 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown 'as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 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 the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or• easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law; ordinance or governmental regulation (including but not limited to 'building and zoning,. ordinances) restricting or, regulating or prohibiting the occupancy, use or.enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, -or prohibiting a separation in ownership or a ,reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of -such rights appears in the public records.. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encum- brancer for value without knowledge. (Schedule B continued on next page of this Policy) P- 218 -BB (G.S.) Rev. 8 -73 California Land Title Association ®, • Standard Coverage Policy -1973' PART II 1. General and special taxes for the fiscal year 1977 -78, now a lien, but not yet due and payable. 0 OWNER'S INFLATION PROTECTIVE INDORSEMENT NO. 3 The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the man - ner and to the extent hereinafter specified. 2. "Adjustment Date'' is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached and on each succeeding January 1. Z. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States De- partment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 175% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. frothing herein contained shall be construed as extending or changing the effective date of said Policy." This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations there- in, except as modified by the provisions hereof. Dated: June 16, 19TT Policy No. 103541 l.t � SAFECO TITLE INSURANCE COMPANY iltlfRY - ...... ---- ........................................ ............................... Authorized Signature P•283 (G.S.) Owner's Inflation Protective Indorsement No. i w i f • C 014 PS A N A .O O A !1 N r. w O 00 O = Ili a cl d O r 3g N IG 0 O O C IT of �a 05 m °c„ C Q N � N 1 � ma O1 'O N C A t 61 O S 7 '-NO M YI A O o � I 6o e0 60 M 0 R R 0 ST.o 9 3o °Pt'f 3 V r r u �p u A 160 50 Pi36l 60.40 1 , Ali1 I 1 , 1 , � 1 f Ia u iW_ Im 1 lO_ 1 I , ,w r 1 0 160 BO 120 O 50 1 �I 1 W V Wla lu � IW ro W' A r 1m m' Oa i- .�• a 1 1 1 � 1 I l O l ' BO '201 1 ' 40 1 50 ' 50 1 50 V m D n q w O A eo 1 eo 6o Sao 1 , Ali1 I 1 , I50 0 1 1 0 0 1 I , OI O 4 ; S O O-��� -- 1 50 ' 60 1 60 30 50 1 50 p 0 S 0 SQ Q ST O 1 ro H i ' A 1 rs za#A n 1 b � Z A r It a o � �m (p r q p o i zq A 1 D rO Z • p 6o 1 70 F -' —� - -� O o - - - - -- `t° - - -- 150 q 1 16o 4 o r--- -- ---- N u -yQ - loo -- N q , I50 0 o O o 0 0 ------------ 150 - -- -150 O 4 (- %� N I O - 1 160 O O 75 75 ql ry ,q d O ®mi t0 10 O I ' w W � II' - -7 - � •e a 0 u;4� w 0 of ' ISO 150 SANTA ROSA 75 1 76 u al O V OI 1 01 q P O of 75 I 75 50 1 60 1 50 1 1 1 1 1 1 � la o 1 00 15o ' 60 u u u O a o O o 0 0 ------------ 150 - -- -150 O 4 (- %� N loo O O ro to %A O O p ISO 160 p q • 1 � 41 0 D u a o - -_ - u W u q ° Ow ISO 01 O o 1 a" i- 53• -T- I eo- - -reo-- O o ISO 150 r Z e q u O A 160 45 1 60 , so o O 1 j -O ll 1 , 1 60 q q 110 � O loo 150 o O o Sill ro to %A O © ` M N O 130 1 1 `I a 11 "'' D u a o p 1 'K 1 a" i- 53• -T- I eo- - -reo-- rya , S T.o O atJ � W o u C 0- p O O • ` q 1600 �O 100 O N 100- -1- -__ OO i- I I 6O ioo • -- ' -�o N o I j o � loo U- :0-0 c . o T0R0 ST. R 20 (a 5 3G* WE p Cl O 6o so 4WV. CONDITIONS-AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount owing thereon to- gether with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If. the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral se- curing the same to the Company upon payment therefor as herein provided. Upon such offer bFing made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the in- debtedness secured by said insured mort- gage, other than the obligation to .pur- chase said indebtedness pursuant to this paragraph, are terminated. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or GO the amount of insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in para- graph 2(a) hereof; or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the un- paid principal of said indebtedness, plus interest thereon, provided such amount shall not include any additional principal indebtedness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in ad- dition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written author- ization of the Company. (c) When the amount of loss or dam- age has been definitely fixed in accor- dance with the conditions of this policy, the loss or damage shall be payable with- in 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or other- wise, removes such defect, lien or encum- brance or establishes the title, or the lien of the insured mortgage, as insured, with- in a reasonable time after receipt of such P -218 (G.S.) Rev. 8 -93 notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title or to the lien of the in- sured mortgage, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 6. Reduction_ of Insurance; Termin- ation of Liability All payments under this policy, except payment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, how- ever, if the owner of the indebtedness secured by the insured mortgage is an in- sured hereunder, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these Conditions and Stipulations, shall not- reduce pro tanto the amount of the insurance afforded hereunder as to any such insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or vol- untary satisfaction or release of the in- sured mortgage shall terminate all liabil- ity of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2(a) hereof. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mort- gage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebt- edness or any part thereof. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have paid or settled a claim under this policy, all right of subrogation shall vest in the Com- pany unaffected by any act of the insured claimant, except that the owner of the in- debtedness secured by the insured mort- gage may release or substitute the per- sonal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is hereby authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Company. If requested by-the Company, the insured shall execute any and all documents to evidence the within subrogation. If the. payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy; but the Company, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. Liability Limited to this Policy This instrument together with all en- dorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 any action asserting such claim, shall be re- stricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing en- dorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. No payment shall be made without pro- ducing this policy for endorsement of such payment unless the policy be lost or de- stroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company.. 12. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at the office which issued this policy or to its Home Office, 13640 Roscoe Boulevard, Panorama City, California 91409. 13. THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. Cl)D c -n Dm 0n m 0 n 0--1 zM z 0 Z C/) c> o z > D n = D,M rn �+ CD I r { " cn M m o m 0 o c 0 m �� ® Z z D < > Z a ° � o co —z c/) cn > c-n >M o m0 n O r- Zm Plea Remit To: 1_ SAFECO Please Detach and Return This Portion With Your Remittance i;eY>L. et "iran��:Q"rtfEtion • P.-O. 1 t.: Y•. L S-t.n Luis Obispo, CA 9330( Our Order No. .ranch Address: r-11 -E COPY �r 7 J Our Order No. Your Order No. Date PROPERTY TYPE— T,� LIAR.. PREV. LIAB OWNERS LENDERS JP STANDARD POLICY ❑ ❑ ❑ Sp ALTA POLICY ❑ ❑ Indorsement Binder General Guarantee - Type: Trustee Sale Guarantee Lot Book Guarantee Litigation Guarantee Escrow Fee EeporV°t ee `�ra#; Drawing Instruments Sub - Escrow Fee Cancellation Fee Safeco Reconveyance Fee Sales Tax Tax Service ADVANCES Recording Deed Recording Trust Deed Recording Reconveyance Transfer Tax Tax Service Taxes Paid Tax Sale Bonds Reconveyance Fee L _ GG TG GG DATE Jime 16, 1977 Vc l 'io. ? `�':�- 1. ., -1, .2 (ernirlo) Amount Due $ ��' h • > "? Title Officer . `'c'=1lc""lt CODE AMOUNT 2.1 251.50 4311 143.00 4425 11222 [ 50.00 j 4415 4411 4424 4412 2312 5927 1215 1215 1215 1215 1215 1215 1215 1215 1215 TOTAL 34 4.5 U CREDIT PLEASE PAY THIS AMOUNT ` '- +E$•r0 SAFECO TITLE INSURANCE COMPANY s "'3`''? °� p,.•• SAFECO TITLE INSURANCE COMPANY .0, 3- --- -- 1..... Ssn,�,uls - -qb s ,... a Office • C R.MAINO, JEANNF'TPE.MAINO DATE June 16, 1577 V. J. MAINO and BE= MINO recorded 6/16/77 • • ESCROW 103541 -de L R/w 05 MO Sta.. Roaa St. PROPERTY Parcel + -180- 14,1,2 DISBURSEMENTS RECEIPTS DIWKD FOR DEAD 43,331.45 balance due you for which our check is enclosed herewith TOTALS THIS IS A TRUE AND CORRECT COPY OF THE CLOSING STATE NAMED GRANTOR AT THE TIME WE FORWARDED THE CHECK IN THE.A SHOWN ON-THE CLOSING STATEMENT. Doris M.Eeckhout, E SAVE FOR INCOME TAX INFORMATION BrT�° E -62 (G. S.) 4 -25 -56 ® SAFECO In-- C-p— d A -6.. ,�R < —d -&—k—, 46,381.4 TTED TO THI OF THE BAIaNCE 1