HomeMy WebLinkAboutD-1074 Parking Lot At Osos & Palm Recorded 01/08/1980RECORDING REQUESTED BY
SAFECO TITLE INSURANCE C-.TANY
r&D WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHER-
WISE SHOWN BELOW, MAIL TAX STATEMENTS TO:
NAME F City of San Luis Obispo
ADDRESS 990 Palm St.
0 b i s o C a. 93401 CITY a San LUls p,
STATE
ZIP
L Attn: Tom Gingg
Title Order No. Escrow No. 1211414 -my
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED ° 2 - 322 - I9
The, undersigned declares that the documentary transfer tax is 8 ............................_........................ .......................-- _ -.... 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 2C city of ..San- .Luis .. Obi& pG .............................. ............... ..... ........... and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ALBERT GAZIN and CAROLINE GAZIN, husband and wife, and
KARL F. KUNDERT and JULIA KUNDERT, husband and wife
hereby GRANT(S) to CITY OF SAN LUIS OBISPO, a municipal corporation
the following described real property in the City of San Luis Obispo
county of San Luis Obispo , state of California:
See attached Exhibit "A" consisting of two pages
October 26, 1979
STATE OF CALIFORNIA-
COUNTY OF pan Luis Cbispo I SS.
On —7 before me, the under-
signed, a Notary Public in and for said County and State, personally
appeared
Albert, naii n and
Caroline M!7 i n
known to me
to be the persons, whose name g arPsubscribed to the within
instrument and acknowledged that thejCexecuted the same.
Signag0fre of Notary
FOR NOTARY SEAL OR STAMP
MAUREEN Y. CHMSTENSEN
N3I0'Y ?U31K
��••J'
F�. fry SAN LU °` 0? ": ^ ".COUNTY
CAS 7,11 MA
My Commission Expires Dec. 8, 1981
96
Assessor's Parcel No- ----------------------------------- -- - - - - --
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
,a
Name Street Address City & State
CAL 1 _ (Rev. 3 -79) VOL 22,14P .,GE 233
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•
STATE OF
17- 1 i f nrn i^
l
COUNTY OF
San Luis Obispo
—} SS.
j
19 79_,
ON nPramhpr 11
before me, the undersigned, a Notary Public in and for said State,
personally appeared
a�
Karl F. Kundert and Julia Kundert
OFFICIAL SEAL
, known to me,
~'
A. D. AANERUD
to 1P. the person S whose names they subscribed to the within Instrument,
NOTARY PUBLIC - CALIFORNIA
and acknowledged to me that t —he`L executed the same.
PRINCIPAL OFFICE IN
,��
My Commission
SAN LUIS OBISPO COUNTY
Expirds November 2, 1951
WITNESS my hand and official seal.
Public in and for said
ACKNOWLEDGMENT — General— MOICOtts Form 231 -ley. 3.64
f` - '
•
_
M1obof wr Ning ,
:
RECORDE .
V�AnSFACTORY
l
Exhibit
"A"
Typing or Printing
'" 101 received.
i n this docuenOn
PARCEL 1:
That portion
of Block 18 of the
City of
gan Luis Obispo, in the City of San
Luis Cbispo,
County of San Luis
Obispo,
tate of California, as per map
recorded May
1, 1878 in Book A,
at page
168 of Maps, described as' follows:
Beginning at the intersection of the Northvesterly line of Monterey Street vith
the Southwesterly line of Osos Street, as said streets are shown on Licensed.
Surveyors Map recorded March 29, 1950 in Book 5, at page 65 of Records of
Surveys, records of said County; thence North 360 20' 30" .West along said South-
westerly line of Osos Street a distance of 206.28 feet; thence South 530 44'
West, 174.84 feet; thence North 35° 06' West 37.74 feet to a 3/4 inch pipe;
being the most Westerly corner of the parcel of land described in the deed to
Aileen Hewson, a married woman, recorded July 6, 1953 in Book 716 at page 392
of Official Records, and the true point of beginning; thence from said true
point of beginning and along the lines of the land described.in.said deed
North 530 36' East, 56.78 feet to a point, said point being 4.00 feet West of
the existing brick wall; thence North 36° 23' 30" West parallel vith,said wall,
33.88 feet to a 3/4 inch pipe, said pipe being 1.50 fat North of the line of
the existing brick wail, if said wall were extended Westerly; thence North 530
39' East parallel and 1.50 feet North of said vall, 27.93 feet to'a tvo -inch
by two -inch stake; thence North 360 32' West 5.77 feet to a two -inch by two -inch
stake; thence North 450 09' 30" East, 7.57 feet to a point; thence North 360' 32'
West, 49.25 feet to a cross chiseled in concrete walk, said cross being on the
Northwesterly line of Block 18; thence leaving the land described in said deed
recorded in Book 716 at page 392 of Official Records, South 530 36' West along
the Northwesterly line of said Block 18, a,distance of 90.05 feet to a point
lying North 530 36' East, 15 feet from the most Westerly line of the 15 foot
strip of land allotted by final. Judgment of Partition entered in Superior Court
County of San Luis Obispo Case No. 16422, (a certified copy of said Judgment
being recorded September 7, 1949 in Book 533 at page 582 of Official Records);
i iience leaving said North line, South 350 06' East parallel with the last
7,.nt7oned West line a distance of 90 feet to the true point of beginning.
PARCEL 2:
That portion of Block 18 of The City of San Luis OBispo, in the City of San
Luis Obispo, County of San Luis Obispo, State of California, as per map recorded
May 1, 1878 in Book A at page 168 of Maps in the Office of the County Recorder
of said County, described as follows: _
Beginning at the intersection of the Northwesterly line of Monterey Street
with the Southwesterly line of Osos Street, as said streets are shown on
Licensed Surveyors Map recorded March 29, 1950 in Book 5 at page 65 of Records
of Surveys, records of said County; thence North 360 20' 30" West along said
Southwesterly line of Osos Street a distance of 206.28 feet to the True Point
of Beginning; thence from said true point of beginning South 530 44' West 174.84
feet; thence North 350 06' West 37.74 feet to a 3/4 inch pipe; thence North
r
CONTINUED
Vnt 2214P4GE 235
RECORDER'S MEMO: legibility of wd 1
Typing or Printing UNSATISFACTORY
In this document when recely
Parcel 2 Cont: J
530 36' East 56.78 feet to a point, said point being 4.00 feet West of the
existing brick wall; thence North 360 23 '30" West parallel with said wall
33.88 feet to a 3/4 inch pipe, said pipe being 1:50 feet North of the line of
existing-brick wall, if said wall were extended Westerly; thence North 530 39'
East parallel and 1.50 feet North of said wall 27.93 feet to a two -inch by
two -inch stake; thence North 36° 32' West 5.77 feet to. b. two -inch by two -inch
stake; thence North 450 09' 36" East 7.57 feet to a point.;�`thence North 360
32' West 49.25 feet to a cross chiseled in concrete walk said cross being on the
North line of block 18; thence North 530 36' East along -'said North line 82.42
feet more or less to the Southwesterly line of said Osos Street; thence South
360 20' 30" East 128.14 feet to the true point of beginning.
END OF DOCUMENT
vot 2214aGE 236
N'-- 8GO
OFFICIAL RECORDS
CERTIFICATE OF ACCEP TAN CESAN LUIS OBISPOCO.1CM
JAN 81980
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME 8 2 00 AM
THIS IS TO CERTIFY that the interest in real property conveyed by
the Grant Deed
dated October 26, 1979, from Albert Gazin and Caroline
Gazin, husband and wife, and Karl F. Kundert and _Julia Kundert.
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.
= - •
ATTEST:
c
Fitzpatrick, City Clerk
CITY OF
LUIS OBISPO
VOL2214PIGE232
SAFECO
-' &AFECO TITLE
a YPt j 0043 al Y Street
OfFiceSan Luis Obispo, CA 93406
543-821.1
• City of San Luis Obispo
• 990 Palm Street
• San Luis Obispo, CA 93401
e
Attn: Tom Gingg
DATE January 16, 1980
ESCROW NO. 121414 myc
POLICY NO. 121414 myc
I Gazin /Kundert -City of SL
Ptn Block 18, City of SLO
In accordance with instructions in the above numbered escrow. we enclose herewith the Policy of
Title Insurance.
SAFECO TITLE INSURANCE COMPANY
13y
Maureen Y. Christensen
Escrow Officer _a, -,al
lsh
E -105 (G.S.) 8 -65
7-
SAFECD
STATEMENT OF ESCROW NO. 121414 myc
TO City of Sun Luis Obispo
PROPERTY: Ptn. Blk- 18, Cy Of SLO (GAZIE
CONSIDERATION OR SALES PRICE
Paid outside of Escrow
Deposits
By First Trust —Deed
By Second Trust Deed
O-RATIONS MADE AS OF
COMMISSION PAID TO
----POLICY OF TITLE INSURANCE
Transfer Tax Stamps
Recording D—eed
Recording Trust Deed
Recording
heconvev�ance Fee
Es(:-Ro,.%, Fj.--E 1
Drawing Trust Deed
oalance cue
Balance due y�.,frwhich o-, -check is
TOTA LS
-7-312 (GS)
SAFECO TITLE
INSURANCE COMPANY
P. 0. Box 1145, 1043 mars!,
Office- San Tmis ispa.,
(805) 543- 8211
DATE January 2, 1980
:RT)
CHARGES CREDITS
350,23 .75 s 350,2234--75
J
PARCEL 1:
That portion of Block 18 of the City of jan Luis._0b1spo, in the City of San
Luis Obispo, County of San Luis. Obispo, tate of California, as per map
recorded May 1, 1878 in Book A, at page 168,of -Mapa, described as follows:
Beginning at the intersection of the Northwesterly line of Monterey Street with
the Southwesterly line of 08os Street, as said streets are shown on Licensed
Surveyors Map recorded March 29, 1950 in Book 5, at page 65 of Records of
Surveys, records of said County; thence North 36° 20' 30" West along said South-
westerly line of Oros Street a distance of 206.28 feet; thence South 530 44'
West, 174.84 feet; thence North 350 06' West 37.74 feet to a 3/4 inch pipe;
being the most Westerly corner of the parcel of land described in the deed to
Aileen Hewson, a married woman, recorded July 6, 1953 in Book 716 at page 392
of Official Records, and the true point of beginning; thence from said true
point of beginning and along the lines of the land described in said deed
North 53° 36' East, 56.78 feet to a point, said point being 4.00 feet West of
the existing brick wall; thence North 366 23' 30" West parallel with said wall,
33.88 feet to a 3/4 inch pipe, said pipe being 1.50 fat North of the line of
the existing brick wall, if said wall were extended Westerly; thence North 530
39' East parallel and 1.50 feet North of said wall, 27.93 feet to a tvo -inch
by two -inch stake; thence North 360 32' Webt 5.77 feet to a two -inch by tvo -inch
stake; thence North 450 09' 30" East, 7.57 feet to a point; thence North 36" 32'
West, 49.25 feet to a cross chiseled in concrete walk, said cross being on the
Northwesterly line of Block 18; thence leaving the land described in said deed
recorded in Book 716 at page 392 of Official Records, South 53° 36' West along
the Northwesterly line of said Block 18, a distance of 90.05 feet to a point
lying North 53° 36' East, 15 feet from the most Westerly line of the 15 foot
strip of land allotted by final Judgment of Partition entered in Superior Court
County of San Luis Obispo Case No. 16422, (a certified copy of said Judgment
being recorded September 7, 1949 in Book 533 at page 582 of Official Records);
inen•_eleaving said North line, South 35° 06' East parallel with the last
r:-•rtioned West line a distance of 90 feet to the true point of beginning.
PARCEL 2:
That portion of Block 18 of The City of San Luis OBispo; in the City of San
Luis Obispo, County of San Luis Obispo, State of.California, as per map recorded
May 1, 1878 in Book A at page 168 of Maps in the Office of the County Recorder
of said County, described as follows:
Beginning at the intersection of the Northwesterly line of Monterey Street
with the Southwesterly line of Osos Street, as said streets are shown on
Licensed Surveyors Map recorded March 29, 1950 in Book 5 at page 65 of Records
of Surveys, records of said County; thence North 360 20' 30" West along said
Southwesterly line of Osos Street a distance of 206.28 feet to the True Point
of Beginning; thence from said true point of beginning South 530 44' West 174.84
feet; thence North 350 06' West 37.74 feet to a 3/4 inch pipe; thence North
CONTINUED
Parcel 2 Cont:
530 36' East 56.78 feet to a point, said point being 4.00 feet West of the
existing brick gall; thence North 360 23' 30 ".West parallel with said Wall
33.88 feet to a 3/4 inch pipe, said pipe being 1.50 feet North of the line of
existing brick wall, if said wall were extended Westerly; thence North 53° 39'
East parallel and 1.50 feet North of said wall 27.93 feet to a two -inch by
two -inch stake; thence North 360 32' West 5.77 feet to a two -inch by two -inch
stake; thence North 450 09' 30" East 7.57 feet to a point; thence North 360
32' West 49.25 feet to a cross chiseled in concrete walk said cross being on the
North line of block 18; thence North 530 36' East along said North line 82.42
feet more or less to the Southwesterly line of said Osos Street; thence South
360 20' 30" East 128.14 feet to the true point of beginning.
to
SAFECO
POLICY OF TITLE INSURANCE
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 (f 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.
DNS U R q
.MARGH. 5.
+1I +till%q��I1
STANDARD COVERAGE POLICY, CLTA -1973
CAP -218 (Rev. 8 -79)
&4
President
1. Definition of Terns
The following terms when used ,in this policy
mean:
(a) "insured ": the insured named in
Schedule A, and, subject to any rights or defense
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, heirs, dis-
tributees, devisees, survivors, personal repre-
sentatives, next of kin, or corporate of fiduciary
successor. 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 trans-
feror), and further includes (ii) any govem-
mental agency . or instrumentality which is an
insurer or guarantor under an insurance contract
or guaranty insuring or guaranteeing said in-
debtedness, or any part thereof, whether named
as an insured herein or not, and (iii) the parties
designated in paragraph 2(a) of these Con-
ditions 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, specifically 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 of Schedule B of this Policy.
(g) 'mortgage ": mortgage, deed of trust,
trust deed, or other security instrument.
(h) 'public records ": those records which
by law impart constructive notice of matters re-
lating to the land.
2. (a) Continuation of Insurance after
Acquisition of Title by Insured Lender
If this policy insures the owner of the indebt-
edness secured by the insured mortgage, this
policy shall continue in force as of Date of Policy in
favor of such insured who acquires all or any part
of the estate or interest in the land described in
Schedule A by foreclosure, trustee's sale, con-
veyance 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 instrumentality
which acquires all or any part of the estate or
interest pursuant to a contract of insurance or
CONDITIONS AND STIPULATIONS
guaranty insuring or guaranteeing the indebt-
edness secured by the insured mortgage. After
any such acquisition the amount of insurance
hereunder, exclusive of costs, attorneys' fees and
expenses which the Company may be obligated
to pay, shall not exceed the lease of:
(i) the amount of insurance stated in
Schedule A;
(ii) the amount of the unpaid principal 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
acquisition of such estate or interest in she land; or
(iii) the amount paid by any governmental
agency or instrumentality, if such agency or
instrumentality is the insured claimant in ac-
quisition 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
apurchase money mortgage given by a purchaser
from such insured, or so long as such insured
shall have liability by reason of covenants of
warranty made by such insured 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 indebtedness
secured by a purchase money mortgage given to
such insured.
3. Defense and Prosecution of Actions
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 liti-
gation involves an alleged defect, lien, encum-
brance or other matter insured against by this
policy.
(b) The insured shall notify the Company
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 interest or the lien of the insured
mortgage, as insured, is rejected as unmarket-
able. 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 prompt
notice is required; provided, however, that failure
to notify shall in no case prejudice the rights of any
such insured under this policy unless the
Company shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Company shall have the right at its
own cost to institute and without undue delay
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; and the Company may take any ap-
propriate action, whether or not it shall be liable
under the terms of this policy, and shall not
thereby concede 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 liti-
gation to final determination by a court of com-
petent 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 permits or
requires the Company to prosecute or provide for
the defense of any action or proceeding, the
insured hereunder shall secure to the Company
the right to so prosecute or provide defense in
such action or proceeding, and all appeals and
therein, and permit the Company to use, at its own
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 ineffecting settle-
ment, securing evidence, or prosecuting or de-
fending such action or proceeding, and (2)
in any other 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, including
but not limited to executing corrective or other
documents.
4. Proof of Loss or Damage - Limitation of
Action
In addition to the notices required under
Paragraph 3(b) of these Conditions and
Stipulations, a proof of loss or damage, signed
and swom to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain or determine the
fact giving rise to such loss or damage. Such
proof of loss or damage shall describe the defect
in, or lien or encumbrances on the title, or other
matter insured against by this policy which
constitutes the basis of loss or damage, and,
when appropriate, state the basis of calculating
the amount of such loss or damage.
Should such proof of loss or damage fail to
state facts sufficient to enable the Company to
determine its liability hereunder, insured
claimant, at the written request of the Company,
shall furnish such additional information as may
reasonably be necessary to make such deter-
mination.
No right of action shall accrue to insured
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.
(Conditions and Stipulations Continued and Concluded on Last Page of this Policy)
0 0 •
Policy No: 121414
Amount of Insurance $ 350,000.00
.. 1., Name of Insured:
Pic
SCHEDULE A
CITY OF SAN LUIS OBISPO,
a municipal corporation.
r
Charge $ 1,007.25 (A -2 -A)
Date of Policy: January 8, 1980
at 8:00 a.m.
2. • - The estate or.. interest in the land described herein and which is covered by this policy is:
A fee.
3. The estate or interest referred to herein is at Date of Policy vesled.in:
CITY OF SAN LUIS OBISPO,
a municipal corporation.
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 consisting of'two pages.
P -218 -A (G.S.) Rev. 11 -75
California Land Title Association
Standard Coverage Policy -1973
CRC
SCHEDULE B
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 inland 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 acess 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. 1,
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 encumbrancer for
value without knowledge.
(Schedule B continued on next page of this Policy)
SCHEDULE B -PART I
California Land Title Association
Standard Coverage Policy -1973 0
CAP -218 -B (Rev. 9 -79) SALFECO
PART II
1. The lien for general and special taxes for the fiscal year 1979 -80 securing:
a. Amounts currently assessed.
2. Second installment $480.23
Parcel number 2- 322 -19
Code area 003 -008
Tax Bill No. 043051
b. Additional amounts that may hereafter be assessed within the guidelines
defined in Chapters 49 and 242 of the State of California Statutes of 1979•
2. An easement affecting that portion of said land lying Southwest of the North-
east line of that certain parcel of land designated as a strip of land 15 feet wide
in final Judgment of Partition, recorded September 7, 1949, in Book 533 at page 582 of
Official Records, to be used by the parties to the Final Judgment of Partition
entered in Superior Court, County of San Luis Obispo, County Case No. 16422, mutually
and equally as a perpetual right of way for any and all purposes necessary, useful or
convenient for the full enjoyment of the respective pieces of property allotted to
the several parties such mutual rights to use to extend over, under and above said piece
of land, as created by said Final Judgment of Partition, recorded in Book 533, at
page 582 of Official Records.
3. Such matters disclosed by a survey showing variations from the record dimensions
of said land;
Recorded March 29, 1950, in.Book 5 at page 65 of Record of Surveys.
4. An easement as conveyed in deed;
Recorded : February 27, 1969 in Book_ 1508 at page 685 of Official
Records
Conveyed to . Pacific Gas and Electric Company
Affects . Southwesterly portion of said Parcels
Purpose stated . Public utilities and incidental purposes.
GSF • 25
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PARCEL 1:
That portion of Block 18 of the City of§San Luis Obispo, in the City of San
Luis Obispo, County of San Luis Obispo, tate of California, As per map
recorded May 11 1878 in Book A, at page 168 of Maps, described as follows:
Beginning at the intersection of the Northwesterly line of Monterey Street with
the Southwesterly line of Osos Street, as said streets are shown on Licensed
Surveyors Map recorded March 29, 1950 in Book 5, at page 65 of Records of
Surveys, records of said County; thence North 36' 20' 30" West along said South-
westerly line of Osos Street a distance of 206.28 feet; thence South 53' 44'
West, 174.84 feet; thence North 35° 06' West 37.74 feet to a 3/4 inch pipe;
being the most Westerly corner of the parcel-of land described in the deed to
Aileen Hewson, a married woman, recorded July 6, 1953 in Book 716 at page 392
of Official Records, and the true point of beginning; thence from said true
point of beginning and along the lines of the land described in said deed
North 53' 36' East, 56.78 feet to a point, said point being 4.00 feet West of
the existing brick wall; thence North 36' 23' 30" West parallel with said wall,
33.88 feet to-a 3/4 inch pipe, said pipe being 1.50 fat North of the line of
the existing brick wall, if said wall were extended Westerly; thence North 53'
39' East parallel and 1.50 feet North of said wall, 27.93 feet to a two -inch
by two -inch stake; thence North 36' 32' West 5.77 feet to a two -inch by two -inch
stake; thence North 45° 69' 30" East, 7.57 feet to a point; thence North 36° 32'
West, 49.25 feet to a cross chiseled in concrete walk, said cross being on the
Northwesterly line of Block 18; thence leaving the land described in said deed
recorded in Book 716 at page 392 of Official Records, South 53' 36' West along
the Northwesterly line of said Block 18, a distance of 90.05 feet to a point
lying North 53' 36' East, 15 feet from the most Westerly line of the 15 foot
strip of land allotted by final Judgment of Partition entered in Superior Court
County of San. Luis Obispo Case No. 16422, (a certified copy of said Judgment
being recorded September 7, 1949 in Book 533 at page 582 of Official Records);
thenceleaving said North line, South 35' 06' East parallel with the last
mentioned West line a distance of 90 feet to the true point of beginning.
PARCEL 2:
That,portion of Block 18 of The City of San Luis OBispo, in the City of San
Luis Obispo, County of San Luis Obispo, State of California, as per map recorded
May 1, 1878 in Book A at page 168 of Maps in the Office of the County Recorder
of said County, described as follows:
Beginning at the intersection of -the Northwesterly line of Monterey Street
with the Southwesterly line of Osos Street, as said streets are shown on
Licensed Surveyors Map recorded March 29, 1950 in Book 5 at page 65 of Records
of Surveys, records of said County; thence North 36° 20' 30" West along said
Southwesterly line of Osos Street a distance of 206.28 feet to the True Point
of Beginning; thence from said true point of beginning South 530 44' West 174.84
feet; thence North 350 06' West 37.74 feet to a 3/4 inch pipe; thence North
CONTINUED
Pam*l 2 Cont:
530 36, East 56.78 feet to a point, said point being 4.00 feet West of the
existing brick vmll; thence North 360 23' 30" West parallel with said wall
33.88 feet to a 3/4 inch pipe, said pipe being 1.50 feet North of the line of
existing brick wall, if said vall were extended Westerly; thence North 530 39'
East parallel and 1.50 feet North of said wall 27.93 feet to a two -inch by
tvo -inch stake; thence North 360 32' West 5.77 feet to a two -inch by two -inch
stake; thence North 450 09' 30" East 7.57 feet to a point; thence North 360
32' West 49.25 feet to a cross chiseled in concrete walk said cross being on the
North line of block 18; thence North 53° 36' East along said North line 82.42
feet more or less to the Southwesterly line of said Osos Street; thence South
360 20' 30" East 128.14 feet to the true point of beginning.
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DILEVED TO BE CORRECT, THE COMPANY ASaUME.S NO LtA81UT1
FOR ANY LOSS OCCURRING BY REASON OF RELIANCE T}iUMOPL
SAFECO TITLE INSURANCE OOMPANY
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CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
5. Options to Pay or Otherwise Settle Claims
and Options to Purchase Indebtedness
The Company shall have the option to pay or
otherwise settle for or in the name of an insured
claimant any claim insured against, or to ter-
minate 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 author-
ized 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 indebtedness for the amount
owing thereon together with all costs, attorneys'
fees and expenses which the Company is ob-
ligated hereunder to pay. If the Company offers to
purchase said indebtedness as herein pro-
vided, the owner of such indebtedness shall
transfer and assign said indebtedness and the
mortgage and any collateral securing the same to
the Company upon payment therefor as herein
provided. Upon such offer being made by the
company, all liability and obligations of the
Company hereunder to the owner of the in-
debtedness secured by said insured mortgage,
other than the obligation to purchase 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
(ii) the amount of insurance stated in
Schedule A, or, if applicable, the amount of in-
surance as defined in paragraph 2(a) hereof; or
(iii) If this policy insures the owner of the in-
debtedness secured by the insured mortgage,
and provided said owner is the insured claimant,
the amount of the unpaid principal of said in-
debtedness, 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 addition to any
loss insured against by this policy, all costs im-
posed 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 authorization
of the Company.
(c) When the amount of loss or damage has
been definitely fixed in accordance with the
conditions of this policy, the loss or damage shall
be payable within 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 en-
cumbrance insured against hereunder, by liti-
gation or otherwise, removes such defect, lien or
CAP -218 (Rev. 8 -79)
encumbrance or establishes the title, or the lien of
the , insured mortgage, ''as insured, within a
reasonable time after receipt of such notice; (b)
in the event of litigation until there has been a final
determination by a court of competent jurisdic-
tion, and disposition o' all appeals therefrom,
adverse to the title or to the lien of the insured
mortgage, as insured, as provided in paragraph
3 hereof; or (c) for liability voluntarily admitted
or assumed by an insured without written consent
of the Company.
S. Reduction of Insurance; Termination of
Liability
All payments under this policy, except
payments made for costs, attorneys' fees and
expenses, shall reduce the amount of the `.n-
surance pro tanto; provided, however, if the
owner of the indebtedness secured by the insured
mortgage is an insured 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 voluntary
satisfaction or release of the insured mortgage`
shall terminate all liability of the Company to an
insured owner of the indebtedness secured by the
insured mortgage, except as provided in para-
graph 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 or interest covered
by this policy, shall be reduced by any amount the
Company may pay under any policy in-
suring (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 mortgage 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 satis-
faction of said indebtedness or any part thereof.
10. Subrogation Upon Payment or Settle-
ment
Whenever the Company shall have paid or
settled a claim under this policy, all right of
subrogation shall vest in the Company unaffected
by any act of the insured claimant, except that the
owner of the indebtedness secured by the insured
mortgage may release or substitute the personal
liability of any debtor or guarantor, or extend or
otherwise modify the terms of payment, or re-
lease 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 the 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 Icss of priority of the lien of the
insured mortgage. The Company shall be sub -
rogated 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 the 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 endorsements
and other instruments, if any, attached hereto by
the Company is zhe 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 res-
tricted to the provisions and conditions and sti-
pulations of this policy.
No amendment of or endorsement to this policy
can be made except by writing endorsed 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 producing
this policy for endorsement of such payment
unless the policy be lost or destroyed, in which
case proof of such loss or destruction shall be
furnished to the satisfaction of the 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:
SAFECO Title Insurance Company
Home Office Legal Department
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.
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