HomeMy WebLinkAboutD-119 Johnson & Munoz Sts Recorded 07/14/1941�tC i�DYi�IbEiAtlDlt of ........ �.._...._.T.en.- end._- ne/1.p0
FRED L. GARRETT and.FLOREP;CE V.
--------------------------------------------------•------•------•------------------- ......... - - -- ------ ...------ - - - - --
....... usband___and wife_,_______
................................. ........•.. -- . - -----....Dollars
GARRETT,.__
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Do ............ Hereby Grant to ...... ........CITY OF SAIL LUIS OBISPO, a municipal corporation,
all that Real Property situate in the ........... City ... f__ -San LUIS_ - b1Sp0
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County of ...... San Luis Obispo ........................................................... State of California, described as follows:
All of Lots One.(1), Two (2), and Three (3), in Block Two (2) as
shown on the Yap entitled, "Map of the Breck Tract, a Resubdivision
of Lots 2 and 3 of the Deleissigues Tract, San Luis Obispo, California,
surveyed by A. F. Parsons, March, 1922" and on file in the Office of
the County Recorder of San Luis Obispo County, except that part of said
Lot One (1) described as follows:-
. -
Beginning at the Northerly corner of 'C One (1), thence S.
560 58' W., along the•_'Notthwesterl line Hof.- aid :Lot, 15.15 feet;
thence S. 040 32' W. ,:_-76:18 feet ;' thence'S`.- 85°'-281 E.) 64.11 feet to
a point; thence on a curve.:to• the left- .t- dngent to the last described
course, with a radius of 10.00 feet, through an angle of 1300 54',
f' for a distance of 22.85 feet, to a point.on the Northeasterly line of
said Lot One (1); thence N. 361 221 W., 91.12 feet to the point of
beginning.
Also, that part of Lot Four (4) in Block Two (2) as shown on said
Map of the Breck Tract, described as follows:
Beginning at the Easterly corner of said Lot Four (4), thence on
a curve to the left tangent to the Northeasterly line of said Lot 4,
with a radius of 107.84 feet, through an angle of 430 321, for a
distance of 51.41 feet to a point on the Northwesterly line of said.
Lot Four (4); thence-N. 50° 481 E., 12.01 feet to the Northerly corner
of said Lot Four (4); thence S. 36° 221 E., 50.065 feet along the
Northeasterly line of said Lot, to the Easterly corner of said lot
and the point of beginning.
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RESOLUTION NO.. 598( New Series)
A'RESOLUTION ACCEPTING A DEED rROM FRED Le
GAFtRYI -T AND FLORME Ye GAR -RETT
BE IT RESOLVED by the Council'of the City of San Luis
Obispo that that certain deed dated July 12, 1941, made and
executed by Fred L.: Garrett and 'Florence 4:- Garrett and-convey-
ing to the. City of San Luis Obispo Lots 2 and 3 and part of
Lots 1 and 4 in Block 2 of the Brack Tract according to.the map
of said tract, recorded in -Took 3 of Maps at page 1, San Luis
Obispo County Records, and more particularly . described in said
deed,.reference to which is hereby made, be, and the same is
hereby accepted by the City of San Luis Obispo; and that the
City Clerk be and 'he is hereby instructed to cause said deed to
be recorded in the office of the County Recorder of the County
of San Luis Obispo.
INTRODUCED AND ADOPTED this 14 day of July, 1941,
by the following vote: - --
AYE': =t`l.H.Brazil.R.'r.Howe 11, Ralph C.Kennedy,F.C.Tf imball.Joseph Leary
NOES: Nolap,
ABSENT: None
i
mayor
ATTEST:
City _er.
I hereby certify that the foregoing Resolution
was duly and regularly passed by the City Council of the City
of San Luis Obispo at a regular meeting thereof, held July 149
1241.
ty Clerk, of the - :.City of
San-Luis Obispo, balifornia,
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Form 106 • Q$• •
California Land Title Association Standard Form
Lopyrl8ht 1938
.Amount $2200.00 7imn1><eP 16220 -SLO
Policy of lisle Insurance
SecUPity Title 1RSURaRGe mdHUMfltee 6MPOB3
a RalifnPn;a Roppovation
herein called the Company, for a valuable consideration paid for this
Policy of Title Insurance,
Does Hopelnt Insupe
CITY OF SAN LUIS OBISPO,
a municipal corporation*
together with each successor in ownership of any indebtedness secured by any mortgage or deed
of trust shown in Schedule B, the owner of which is named as an insured, and any such owner or
successor in ownership of any such indebtedness who acquires the land described in Schedule A,
or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, and
any person or corporation deriving an estate or interest in said land, as an heir or devisee of a
named insured, or by reason of the dissolution, merger, or consolidation of a corporate named
insured, against loss or damage not exceeding — T'JVENTY —T O EMNDRED and no/100 Dollars —
which any insured shall sustain
by reason of title to the land described in Schedule A being vested, at the date hereof, otherwise
than as herein stated; or
by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such un-
marketability exists because of defects, liens, encumbrances, or other matters shown in Schedule B; or
by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown
in Schedule B; or
by reason of any defect in the execution of any mortgage or deed of trust shown in Schedule B secur-
ing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect
affects the lien or charge of such mortgage or deed of trust upon said land; or
by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or en-
cumbrance upon said land, except as shown in Schedule B;
all subject, however, to Schedules A and B and the stipulations herein, all of which schedules
and stipulations are hereby made a part of this policy.
In lllitness Uffisped, Security Title Insurance and Guarantee Company has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers, this 23rd day
of July, 1941, at 3:02 o'clock P.M.
Secupity°litle Insurancemdfluepantee Ilompaml
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Attest: b% &� Jam✓ ��-
Assistant Secretary.
Form 104
SCHEDULE A
1. The title to said land is, at the date hereof, vested in
CITY OF SAN LUIS OBISPO,
a municipal corporation.
2. Description of the land, title to which is insured by this policy:
PARCEL li All of Lots 1, 2, and 3 in Block 2 of Breck
Tract, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to map recorded March
72 1922 in Book 3 of Maps, at page 1, records of said County,
excepting therefrom that portion of said Lot 1 described as
follows:
Beginning at the Northerly corner of said Lot 1; thence
South 560 581 West, along the Northwesterly line of said Lot,
15.15 feet; thence South 040 321 West, 76.18 feet; thence
South 850 281 East, 64.11 feet to a point; thence on a curve
to the left tangent to the last described course, with a
radius of 10.00 feet through an angle of 1300 541, for a
distance of 22.85 feet to a point on the Northeasterly line
of said Lot 1; thence North 360 221 West, 91.12 feet to
the point of beginning.
PARCEL 2: All that portion of Lot 4 in Block 2 of Breck
Tract, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to map recorded March
7, 1922 in Book 3 of Maps, at page 1, records of said County,
described as follows:
Beginning at the Easterly corner of said Lot 4; thence
on a curve to the left tangent to the Northeasterly line of
said Lot 4, with a radius of 167.84 feet, through an angle
of 430 321, for a distance of 51.41 feet to a point on the
Northwesterly line of said Lot 4; thence North 500 481 East,
12.01 feet to the Northerly corner of said Lot 4; thence
South 360 221 East, 50.065 feet along the Northeasterly
line of said Lot, to the Easterly corner of said lot and
the point of beginning.
Form 101 -B,
SCHEDULE B
[A] The Company does not, by this policy, insure against loss by reason of:
1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal
District, (b) of the county, or (c) of the city, in which said land or any part thereof is situated.
2. Rights or claims of persons in possession of said land which are not shown by those public records
which impart constructive notice.
3. Any facts, rights, interests, or claims which are not shown by those public records which impart con-
structive notice, but which could be ascertained by an inspection of said land, or by making inquiry
of persons in possession thereof, or by a correct survey.
4. Mining claims, reservations in patents, water rights, claims or title to water.
5. Acts or regulations of any governmental agency regulating the occupancy or use of said land or any
building or structure thereon.
[B] Liens and encumbrances to which said title is subject shown in the order of their priority,
and defects and other matters to which said title is subject:
le Taxes of the fiscal year, 1941 -42, now a lien, but not yet due
and payable.
Form l *C•
STIPULATIONS
SCOPE OF 1. This policy does not insure against, and the
COVERAGE Company will not be liable for loss or damage
created by or arising out of any of the follow-
ing: (a) defects, liens, claims, encumbrances, or other matters
which result in no pecuniary loss to the insured; (b) defects,
liens, encumbrances, or other matters created or occurring sub-
sequent to the date hereof; (c) defects, liens, encumbrances,
or other matters created or suffered by the insured claiming
such loss or damage, or existing at the date of this policy and
known to the insured claiming such loss or damage, either at
the date of this policy or at the date such insured claimant
acquired an estate or interest insured by this policy, unless such
defect, lien, claim, encumbrance, or other matter shall have been
disclosed to the Company in writing prior to the issuance of this
policy. Any rights or defenses of the Company against a
named insured shall be equally available against any person
or corporation who shall become an insured hereunder as suc-
cessor of such named insured.
DEFENSE OF ?,.The Company at its own cost shall defend
ACTIONS the insured in all actions or proceedings against
the insured founded upon a defect, lien, en-
cumbrance, or other matter insured against by this policy,
and may pursue such litigation to final determination in the
court of last resort. In case any such action or proceeding shall
be begun, or in cave knowledge shall come to any insured of
any claim of title or interest adverse to the title as insured, or
which might cause loss or damage for which the Company shall
or may be liable by virtue of this policy, such insured shall at
once notify the Company thereof in writing.
NOTICE OF If such notice shall not be given to the Com-
ACTIONS OR pany at least five days before the appearance
CLAIMS TO day in any such action'or proceeding, or if
BE GIVEN BY such insured shall not, in writing, promptly
THE INSURED notify the Company of any defect, lien, encum-
brance, or other matter insured against, or of
any such adverse claim which shall come to the knowledge of
such insured, in respect to which loss or damage is apprehended,
then all liability of the Company as to each insured having
such notice in regard to the subject of such action, proceeding,
or claim shall cease and terminate; provided, however, that
failure to so notify shall in no case prejudice the claim of any
insured unless the Company shall be actually prejudiced by such
failure. The Company shall have the right to institute and
prosecute any action or proceeding or do any other act which,
in its opinion, may be necessary or desirable to establish the
title, or any insured lien or charge, as insured. In all cases
where this policy permits or requires the Company to prosecute
or defend any action or proceeding, the insured shall secure to
it in writing the right to so prosecute or defend such action or
proceeding, and all appeals therein, and permit it to use, at its
option, the name of the insured for such purpose. Whenever
requested by the Company the insured shall assist the Company
in any such action or proceeding, in effecting settlement, secur-
ing evidence, obtaining witnesses, prosecuting or defending such
action or proceeding to such extent and in such manner as is
deemed desirable by the Company, and the Company shall rein.
burse the insured for any expense so incurred. The Company
shall be subrogated to and be entitled to all costs and attorney's
fees incurred or expended by the Company, which may be re-
coverable by the insured in any litigation carried on by the
Company on behalf of the insured. The word "knowledge" in
this paragraph means actual knowledge, and does not refer to
constructive knowledge or notice which may be imputed to the
insured by reason of any public record or otherwise.
OPTION TO PAY, 3. The Company reserves the option to
SETTLE. OR COM- pay, settle, or compromise for, or in the
PROMISE CLAIMS name of, the insured, any claim insured
against or to pay this policy in full at
any time, and payment or tender of payment of the full amount
of this policy, together with all accrued costs which the Company
is obligated hereunder to pay, shall terminate all liability of
the Company hereunder, including all obligations of the Com-
pany with respect to any litigation pending and subsequent costs
thereof.
SUBROGATION 4, Whenever the Company shall have set -
UPON PAYMENT tled a claim under this policy, it shall
OR SETTLEMENT be subrogated to and be entitled to all
rights, securities, and remedies which the
insured would have bad against any person or property in respect
to such claim, had this policy not been issued. If the payment
does not cover the loss of the insured, the Company shall be
subrogated to such rights, securities, and remedies in the propor-
tion which said payment bears to the amount of said loss. In
either event the insured shall transfer, or cause to be transferred,
to the Company such rights, securities, and remedies, and shall
permit the Company to use the name of the insured in any
transaction or litigation involving such rights, securities, or
remedies.
OPTION TO PAY 5. The Company has the right and
INSURED OWNER option, in case any loss is claimed
OF INDEBTEDNESS under this policy by an insured owner
AND BECOME OWNER of an indebtedness secured by mort-
OF SECURITY gage or deed of trust, to pay such
insured the indebtedness of the mort-
gagor or trustor under said mortgage or deed of trust, together
with all costs which the company is obligated hereunder to
pay, in which case the Company shall become the owner of, and
such insured shall at once assign and transfer to the Company
said mortgage or deed of trust and the indebtedness thereby
secured, and such payment shall terminate all liability under
this policy to such insured.
N 0 T 1 C E 6. A statement in writing of any loss or damage
OF LOSS for which it is claimed the Company is liable
under this policy shall be furnished to the Com-
pany within sixty days after such loss or damage shall have
been ascertained. No action or proceeding for the recovery of
any such loss or damage shall be instituted or
LIMITATION maintained against the Company until after full
OF ACTION compliance by the insured with all the condi-
tions imposed on the insured by this policy,
nor unless commenced within twelve months after receipt by
the Company of such written statement.
PAYMENT OF 7, The Company will pay, in addition to any
LOSS AND COSTS loss insured against by this policy, all costs
OF LITIGATION. imposed upon the insured in litigation car -
INDORSEMENT ried on by the Company for the insured,
OF PAYMENT and in litigation carried on by the insured
ON POLICY with the written authorization of the Com-
pany, but not otherwise. The liability of the
Company under this policy shall in no case exceed, in all, the
actual loss of the insured and costs which the Company is
obligated hereunder to pay, and in no case shall such total
liability exceed the amount of this policy and said costs. All
payments under this policy shall reduce the amount of the in-
surance pro mnto, and payment of loss or damage to an insured
owner of indebtedness shall reduce, to that extent, the liability
of the Company to the insured owner of said land. No pay-
ment can be demanded by any insured without producing this
policy for indorsement of such payment.
MANNER OF 8. Loss under this policy shall be payable,
PAYMENT OF first, to anv insured owner of indebtedness
Loss TO INSURED secured by mortgage or deed of trust shown
in Schedule B, in order of priority therein
shown, and if such ownership vests in more than one, payment
shall be made ratably as their respective interests may appear,
and thereafter, any loss shall be payable to the other insured,
and if more than one, then to such insured ratably as their
respective interests may appear. If there be no such insured
owner of indebtedness, any loss shall be payable to the insured,
and if more than one, to such insured ratably as their respective
interests may appear.
WRITTEN INDORSE- 9. No provision or condition of this policy
MENT REQUIRED TO can be waived or changed except by
CHANGE POLICY writing indorsed hereon or attached here-
to signed by the President, a Vice Presi-
dent, the Secretary, or an Assistant Secretary of the Company.
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This plat is inserted as a matter of info ?mation only, and while the same
is compiled from information which we believe to be correct, no liability is
assumed by this Company as to the correctness of said information.
- •
FORM P•9
4.9.42
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This plat is inserted as a matter of info ?mation only, and while the same
is compiled from information which we believe to be correct, no liability is
assumed by this Company as to the correctness of said information.
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