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HomeMy WebLinkAboutD-1229 Amtrak Railroad Depot Recorded 12/30/1985:- RECORDING REQUESTED BY TICOR T-=. INSURANCE COME AND WHEN RECORDED MAIL TO 7- of San Luis Obispo 990 Palm Street P. 0. Box 8100 San Luis Obispo, Ca. 93403 -8100 L— r MAIL TAX STATEMENTS TO Same as above L_ APN 08- 720- 02 -31 -5 • Al a DOC. NO. OFFICIAL RECORDS SAN LUIS COSPO CO., CA DEC 3 0 99% FRANCIS M: LOONEY County - Clerk - Recorder TIME SAO AM I q. 52-;63 FILED. FEF.PAID EX9 T SPACE BOVE THIS LINE FOR RECORDER'S USE Grant Deed L-7783 ,ED�l RF -, " .D(lVU; SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation ,Grantor, hereby GRANTS to CITY OF SAN LUIS OBISPO, a municipal corporation that certain real property situated in the County of San Luis Obispo , Grantee, , State of California, and more particularly described in Exhibit "A," attached and hereby made a part hereof. Grantor excepts from the property hereby conveyed that portion thereof lying below a depth of 500 feet, measured vertically, from the contour of the surface of said property; however, Grantor, or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into or through the surface of said property or any part thereof lying between said surface and 500 feet below said surface. This grant is made subject to easements, covenants, conditions, reservations and restrictions of record. IN WITNESS WHEREOF; Grantor has caused these presents to be executed this �` \ day of 19 SOUTHERN PACIFIC T ANSPORTATION COMPANY By (Title) 4 e Attest Assistant Secretary '"': s 0* Approved as to form >* by General Counsel `, Q FAGE�� I March 1, 1981 vo` ��U� STATE OF CALIFORNIA S.S. City and County of San Francisco On this 5th day of December in theyear One ThousandNine Hundredand Eighty Five before me, SYLVIA E. KARSON, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared (One Market Phis) Mr. S. A. S u t f i n SYLVIA E. KARSON NOTARY PUBLIC - CALIFORNIA PRINCIPAL PLACE OF BUSINESS IN CITY AND COUNTY OF SAN FRANCISCO My Commission Expires June 24, 1987 y Corporation My Commission Expires June 24,1987 personally known to me (orproved to me on the basis of satisfactory evidence) to be theperson who executed the within instrument as president (or secretary) or on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certificate first above written. Notary Public in and fo a City and County of San Francisco, State of California. V G, � 786 PacE 551 EXHIBIT "A" All those certain parcels of land situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL A Beginning at the point of intersection of the southwesterly line of Block 182 of the Ingleside Homestead Tract in said City, according to map thereof recorded in Book A, Page 132, of Maps, in the Office of the County Recorder of said County, with the westerly line of land of Southern Pacific Transportation Company, said point being distant South 36053'00" East along said southwesterly line, 98.00 feet from the most westerly corner of said Block 182; thence northerly along said westerly line on a curve to the right having a radius of 1105.04 feet and a central angle of 0051123" (tangent to said curve at last mentioned point bears North 27050107" East) an arc distance of 16.52 feet to a point; thence North 28041130" East continuing along said westerly line, and tangent to said curve at last mentioned point, 537.10 feet to a point in the southwesterly line of Block 178 of Loomis Addition to said City, according to map thereof recorded in Book A, Page 126, of Maps, in the office of the County Recorder of said County that is distant thereon South 36 053'00" East 222.00 feet from the most westerly corner of said Block 178; thence South 36053100" East along last said southwesterly line and also the northeasterly line of Santa Rosa Street (60 feet wide), 82.37 feet to a point in a line parallel with and distant 75.00 feet northwesterly, measured at right angles, from the center line of Southern Pacific Transportation Company's eastward main track (Paso Robles -Santa Barbara); thence South 28041130" West along said parallel line 121.36 feet to a ? 786 PAGE 552 point; thence southwesterly, southerly and southeasterly on a curve to the left having a radius of 30.00 feet and a central angle of 90000100" (tangent to said curve at last mentioned point is last described course), an arc distance of 47.12 feet to a point; thence South 61018130" East tangent to said curve at last mentioned point, 20.00 feet to a point in a line parallel with and distant 25.00 feet northwesterly, measured at right angles, from said center line of main track; thence South 28041130" West along last said parallel line and the southwesterly prolongation thereof, 281.08 feet; thence South 26046'06" West 29.77 feet to a point in a line concentric with and distant 25.00 feet northwesterly, measured radially, from said center line of main track; thence southwesterly along said concentric line on a curve to the left having a radius of 1347.29 feet and a central angle of 5003159" (tangent to said curve at last mentioned point is last described course) an arc distance of 119.13 feet to a point in said southwesterly line of Block 182; thence North 36053100" West along last said southwesterly line and also the northeasterly line of Osos Street (60 feet wide), 148.41 feet to the point of beginning, containing an area of 1.45 acres, more or less. PARCEL B Those portions of Blocks 181 and 187A and that portion of Upham Street (60 feet wide) of Ingleside Homestead Tract in said City of San Luis Obispo, according to map thereof, recorded in Book A, Page 132, of Maps, in the office of the County Recorder of said County, bounded westerly by the westerly line of land of Southern Pacific Transportation Company; southwesterly by the southeasterly prolongation of the southwesterly line of Moro Street (60 feet wide); bounded northeasterly by the southwesterly line of Osos Street (60 feet wide) and bounded easterly by a line vUL 9786 PAGE 553 .M 0 9 concentric and parallel with and distant 25.00 feet westerly,^ measured radially and at right angles from the center line of Southern Pacific Transportation Company's eastward main track (Paso Robles -Santa Barbara) and the center line of said Company's Team Track diverging from said center line of main track. PARCEL C That portion of Lot 5 in Block 183 of Ingleside Homestead Tract in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map thereof, recorded in Book A, Page 32, of Maps, in the office of the County Recorder of said County, lying easterly of the easterly line of the parcel of land described in deed dated November 14, 1890 between J. M. Noah and the Southern Pacific Railroad Company, recorded November 28, 1890 in Volume 11 of Deeds, Page 36, Records of said County. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL "A" A PARCEL OF LAND DESCRIBED AS FOLLOWS: Commencing at the most northerly terminus of the above described course having a bearing and distance of "South 28041130" West 281.08 feet;" thence South 28041130" West, along said course 200 feet to the Actual Point of Beginning of the parcel of land to be described; thence North 61018130" West, at right angles from last described course, 35.00 feet; thence South 28041130" West at right angles from last described course 100.00 feet; thence South 61018130" East, at right angles from last described course, 35.00 feet; to a point in the easterly line of the described Parcel "A" of land; thence. North 26046106" East along said easterly line 18.93 feet to an angle point therein; thence North 28041130" East, along said easterly line 81.08 feet to the Actual Point of Beginning, containing an area of 3500 square feet more or less. V�, 9786 PAGE 554 Reserving therefrom a non - exclusive easement for ingress and egress to Grantor's adjoining property over, across and upon the above - described Parcels "A" and "B." V CL 2786 PAGE 555 � r 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 DECEMBER 4, 1985 19 , from SOUTHERN PACIFIC TRANSPORTATION COMPANY , a Delaware Corporation 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. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: DECEMBER 19, 1985 ATTEST: % Pamela'oges;'r.�City 3�e k CITY OF SAN LUIS OBISPO By _A or. -•Ron Dunin- _ VCL ? 786 PAGE 556 RESOLUTION NO. 5858 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PURCHASE OF SOUTHERN PACIFIC TRANSPORTATION COMPANY PROPERTY WHEREAS; the City of San Luis Obispo wishes to provide intermodal facilities and area improvements at the San Luis Obispo railroad depot for the benefit of community and area residents; and WHEREAS, by Resolution No. 5439 (1984 Series), the City entered into an agreement with the California Department of Transportation to Purchase property for the San Luis Obispo Intermodal Facility Project and the State agreed to provide matching funds up to S250,000 for the purchase; and WHEREAS, the City has budgeted $250,000 for this purchase. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To approve the purchaso of the Southern Par,if ir Transportation Company property adjacent to the railroad depot for the San Luis Obispo Intermodal Facility Projer,t, ,`.or the sum of $476,300, plus related closing Costs. SECTION 2. To authorize the Mayor to eNecute all necessary documents including the License Agreement and the Assignment Agreement. On motion of Councilman Griffin , seconded --------------- - - - - -- ray Councilman _Settle , and on the following roll call vote: AYES: Councilmember.s Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of December 1985. , e — -MAYO RON DUN I N --- ____ - -- ATTE. CI CLERK PAMELA VG Certify that the foregoing is a full, true and correct copy of a Resolution passed by the City ou il'x - .ih,K4y '(of•San Luis Obispo, California, on —DEC iela,Vojeto' i /y R.. 5858 VOL 21786 PAGE 5I � 1 ' r'' Resolution No. $__ (1985 Series) Page 2 APPROVED: C'ty Administra ive difice ity Attorney Finance Dire or END Of DOCUMENT vcL ? ?86 PAGI 558 O u J H H '3aNdHflSNI 31111 aNd NOI.LVNIWVX3 31111 'H3HV3S 31111 H0:J 39HVH3 3HI1N3 31141 SI V 31na3H3S NI a31dI33dS wnIW38d 3H1 'EL '60006 e!uiol1e:) 'sala6uy so] 'Z6/_Z6 xog 'pd 'pienalnog ailgsl!AA 00E9 'luawiiedaa sw!el:) :ao!110 led!ouud sl! of passaippe aq leegs AuedwoD agi pags!uinl eq o1 paimbei butilim u! ivawaleis Aue pue Auedwo:) aqi uaA16 aq of pai!nbai sao!iou IIV ;uag aJOW 'saal;oN 'Z L -AuedwoD aqi 10 uo!loels!les aqi o1 pags!wnl aq Ilegs uo!lonilsep io ssol gons. to load aseo go!gnn u! 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After any such acquisition the amount of insurance hereunder, exclusive of costs, attor- neys' fees and expenses which the Company may be obligated to pay, shall not exceed the least 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 fore- closure 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 the land; or (iii) the amount paid by any governmental agency or instrumentality, if such 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, crowns an indebtedness secured by a purchase 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 litigation involves an alleged defect, lien, encumbrance 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 "ompany 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 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 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 appropriate 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 Com- pany may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prose- cute 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 therein, and permit the Company to use, at its option, the name of such insured for such pur- pose. 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, securing evidence, obtaining 9 LJ witnesses, or prosecuting or defending 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 correc- tive 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 sworn to by the insured claimant shall be furnished to the Company 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 describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage, and, when appropri- ate, 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 determination. 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. 1 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 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 pay- ment 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 indebtedness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to pur- chase said indebtedness as herein provided, the owner of such indebted- ness 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 ow i er of the indebted- ness secured by said insured mortgage, 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 i1c, 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 insurance as defined in paragraph 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 unpaid principal of said indebtedness, plus interest thereon, provided such amount shall not include any additionall principal indebted- ness 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 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 authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accord- ance 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 encumbrance in- sured against hereunder, by litigation or otherwise, removes such defect, lien or 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 jurisdiction, and disposition of 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 prior written consent ofi the Company. (Conditions and Stipulations Continued and Concluded on Reverse Side of This Page) ® • 151614- DS_RZ -VH PAGE 1 (DS6) SCHEDULE A POLICY NO. 151614 DATE OF POLICY DECEMBER 30, 1985 AT 8:00 A.M. AMOUNT OF INSURANCE $476,300.00 PREMIUM $1,404.00 1. NAME OF INSURED: CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH IS COVERED BY THIS POLICY IS A FEE. 151614- DS_RZ -VH PAGE 2 (DS6) 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 ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 11 (ELEVEN) INCLUSIVE ON THE INSIDE COVER OF THIS POLICY UNDER THE HEADING OF SCHEDULE B PART I. PART II 1. FOR TAXES, BONDS AND ASSESSMENTS, CURRENT OR DELINQUENT, SEE EXHIBIT "I" ATTACHED. 2. AN EASEMENT FOR PUBLIC STREET PURPOSES OVER THAT PORTION OF SAID LAND WITHIN OSOS STREET, AS SHOWN UPON THE MAP OF INGLESIDE HOMESTEAD TRACT, RECORDED IN BOOK A, PAGE 1..32 OF MAPS; ALSO PRIVATE EASEMENTS FOR INGRESS AND EGRESS IN FAVOR OF THE OWNERS OF LOTS IN SAID TRACT ACQUIRED UNDER CONVEYANCES OF LOT -S BY REFERENCE TO SAID MAP. NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASE- MENT. • SCHEDULE C THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: 151614 -DS RZ -VH PAGE 3 (DS6) ALL THOSE CERTAIN PARCELS OF LAND SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT, THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF BLOCK 182 OF THE INGLESIDE HOMESTEAD TRACT IN SAID CITY, ACCORDING TO MAP THEREOF RECORDED IN BOOK A, PAGE 132 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE WESTERLY LINE OF LAND OF SOUTHERN PACIFIC TRANSPORTATION COMPANY, SAID POINT BEING DISTANT SOUTH 360 53' 00" EAST ALONG SAID SOUTHWESTERLY LINE, 98.00 FEET FROM THE MOST WESTERLY CORNER OF SAID BLOCK 182; THENCE NORTHERLY ALONG SAID WESTERLY LINE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1105.04 FEET AND A CENTRAL ANGLE OF 00 51' 23" (TANGENT TO SAID CURVE AT LAST MENTIONED POINT BEARS NORTH 270 50' 07" EAST) AN ARC DISTANCE OF 16.52 FEET TO A POINT; THENCE NORTH 280 41' 30" EAST CONTINUING ALONG SAID WESTERLY LINE, AND TANGENT TO SAID CURVE AT LAST MENTIONED POINT, 537.10 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF BLOCK 178 OF LOOMIS ADDITION TO SAID CITY, ACCORDING TO MAP THEREOF RECORDED IN BOOK A, PAGE 126 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THAT IS DISTANT THEREON SOUTH 360 53' 00" EAST 222.00 FEET FROM THE MOST WESTERLY CORNER OF SAID BLOCK 178; THENCE SOUTH 360 53' 00" EAST ALONG LAST SAID SOUTHWESTERLY LINE AND ALSO THE NORTHEASTERLY LINE OF SANTA ROSA STREET (60 FEET WIDE) 82.37 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 75.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SOUTHERN PACIFIC TRANSPORTATION COMPANY'S EASTWARD MAIN TRACK (PASO ROBLES -SANTA BARBARA); THENCE SOUTH 280 41' 30" WEST ALONG SAID PARALLEL LINE 121.36 FEET TO A POINT; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" (TANGENT TO SAID CURVE AT LAST MENTIONED POINT IS LAST DESCRIBED COURSE), AN ARC DISTANCE OF 47.12 FEET TO A POINT; THENCE SOUTH 610 18' 30" EAST TANGENT TO SAID CURVE AT LAST MENTIONED POINT, 20.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT. 25.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACK; THENCE SOUTH 280 41' 30" WEST ALONG LAST SAID PARALLEL LINE AND THE SOUTHWESTERLY PROLONGATION THEREOF, 281.08 FEET; THENCE SOUTH 260 46' 06" WEST 29.77 FEET TO A POINT IN A LINE CONCEN- TRIC WITH AND DISTANT 25.00 FEET NORTHWESTERLY, MEASURED RADIALLY, FROM SAID CENTER LINE OF MAIN TRACK; 151614- DS_RZ -VH PAGE 4 (DS6) THENCE SOUTHWESTERLY ALONG SAID CONCENTRIC LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 1347.29 FEET AND A CENTRAL ANGLE OF 50 03' 59" (TANGENT TO SAID CURVE AT LAST MENTIONED POINT IS LAST DESCRIBED COURSE) AN ARC DISTANCE OF 119.13 FEET TO A POINT IN SAID SOUTH- WESTERLY LINE OF BLOCK 182; THENCE NORTH 360 53' 00" WEST ALONG LAST SAID SOUTHWESTERLY LINE AND ALSO THE NORTHEASTERLY LINE OF OSOS STREET (60 FEET WIDE), 148.41 FEET TO THE POINT OF BEGINNING. PARCEL B: THOSE PORTIONS OF BLOCKS 181 AND 187A AND THAT PORTION OF UPHAM STREET (60 FEET WIDE) OF INGLESIDE HOMESTEAD TRACT, IN SAID CITY OF SAN LUIS OBISPO, ACCORDING TO MAP THEREOF RECORDED IN BOOK A, PAGE 132 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED WESTERLY BY THE WESTERLY LINE OF LAND OF SOUTHERN PACIFIC TRANSPORTATION COMPANY; SOUTHWESTERLY BY THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF MORRO STREET (60 FEET WIDE) ; BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF OSOS STREET (60 FEET WIDE), AND BOUNDED EASTERLY BY A LINE CONCENTRIC AND PARALLEL WITH AND DISTANT 25.00 FEET WESTERLY, MEASURED RADIALLY AND AT RIGHT ANGLES FROM THE CENTER LINE OF SOUTHERN PACIFIC TRANSPORTATION COMPANY'S EASTWARD MAIN TRACK (PASO ROBLES -SANTA BARBARA) AND THE CENTER LINE OF SAID COMPANY'S TEAM TRACK DIVERGING FROM SAID CENTER LINE OF MAIN TRACK. PARCEL C: THAT PORTION OF LOT 5 IN BLOCK 183 OF INGLESIDE HOMESTEAD TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, RECORDED IN BOOK A, PAGE 32 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DATED NOVEMBER 14, 1890 BETWEEN J. M. NOAH AND THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED NOVEMBER 28, 1890 IN VOLUME 11, PAGE 36 OF DEEDS, RECORDS OF COUNTY. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL "A ", A PARCEL OF LAND -- - - - - -- -------------------------------------------------- DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY TERMINUS OF THE ABOVE DESCRIBED COURSE HAVING A BEARING AND DISTANCE OF "SOUTH 280 41' 30" WEST 281.08 FEET "; THENCE SOUTH 280 41' 30" WEST-, ALONG SAID COURSE 200 FEET TO THE ACTUAL POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE NORTH 610 18' 30" WEST, AT RIGHT ANGLES FROM LAST DESCRIBED COURSE, 35.00 FEET: THENCE SOUTH 280 41' 30" WEST AT RIGHT ANGLES FROM LAST DESCRIBED COURSE 100.00 FEET: • 151614- DS_RZ -VH PAGE 5 (DS6) THENCE SOUTH 610 18' 30" EAST, AT RIGHT ANGLES FROM LAST DESCRIBED COURSE, 35.00 FEET TO A POINT IN THE EASTERLY LINE OF THE DESCRIBED PARCEL "A" OF LAND; THENCE NORTH 260 46' 06" EAST ALONG SAID EASTERLY LINE 18.93 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 280 41' 30" EAST, ALONG SAID EASTERLY LINE 81.08 FEET TO THE ACTUAL POINT OF BEGINNING. RESERVING THEREFROM A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO GRANTOR'S ADJOINING PROPERTY OVER, ACROSS AND UPON THE ABOVE- DESCRIBED PARCELS "A" AND "B ". (END OF DESCRIPTION) • EXHIBIT "I" 151614- DS_RZ -VH PAGE 6 (DS6) 1. GENERAL AND SPECIAL COUNTY TAXES AND CITY TAXES FOR THE FISCAL YEAR 1985 -1986, INCLUDING PERSONAL PROPERTY TAX, IF ANY, TOTAL AMOUNT $56,036.56 FIRST INSTALLMENT $28,018.28 - PAID PERSONAL PROPERTY OF NONE IN THE AMOUNT OF NONE SECOND INSTALLMENT $28,018.28 CODE AREA PARCEL NO. 003 -000 08- 720 -02 -31.5 TOGETHER WITH SUCH ADDITIONAL AMOUNTS WHICH MAY BE ASSESSED BY REASON OF: (A) IMPROVEMENTS ADDED SUBSEQUENT TO MARCH 1, 1975; (B) CHANGES OF OWNERSHIP OCCURRING SUBSEQUENT TO MARCH 1, 1975; (C) ANY FINAL JUDGMENT DETERMINING THAT CONSTITUTIONAL ARTICLE XIII A HAS BEEN APPLIED IMPROPERLY; (D) REAPPRAISAL OF PROPERTY VALUES AS OF MARCH 1, 1975. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. • (A0i10d sigl }o abed Ise-I agi }o apisul aqi uo panuiluo:) suoilelndilS pue suoilipuOD) -puel aqi of 6wlelai siallew �o aoilou anilonjlsuoo 1aedwi mef Aq goignn spjooaj asogl :,,spjooaj opgnd„ (q) -luawmls -w Alunoas jaglo 10 'paap lsnil 'lsnil }o paap 'a6e61jow :,,a6e61J0w„ (6) -Aogod sigl }o 9 alnpagoS }o 1 lJed }o g gdeibeied Aq papnloxe eaje Aue apniow iou saop "puel,, w191 aqi 'Janannoq 'papiA - ad'Aliadoid jeaj alnlilsuoo noel Aq goignA olajagl paxige sluawanoidwi pue'o elnpagoS w aouajapi Aq io Apeoi j oads paquosap puel aql :,;puel„ G) -spjooei oilgnd Aue 10 uoseaj Aq painsui ue of palndwi aq Aew goignn aoilou 10 a6pafnn0uj anilonjlsuoo iou 'a6p@Innoul enloe :,,a6pajnn0uj„ (a) .d afnpagoS w painsui ue se paweu si goignn }o jaunno aqi 'q alnpagoS ui unnogs a6e61Jow a :,,a6e61Jow painsui„ (p) -a6e61,ow painsui ue to jaunno aql :,,japuaf painsui, (o) -1apunaiaq 06ewep 10 ss01 6wwielo painsui ue :,,luewielo painsui„ (q) suoilelndilS pue suoilipuoo esagl suoalelndijS pue suo11ipu03 }o (e)Z gdei6eied ui paleu6isap sawed agi (w) pue 'iou jo waiaq pajnsw ue se paweu jaglagnn'}oaiagl lied Rue jo'ssaupalgapui pies 6uiaaluejenb io buunsw Aluejen6 jo loejluoo eouejnsui ue ]apun joluejen6 jo jamsui ue si goigm/\j!leluawnjlsui jo Aoua6e leluawwan06 Aue (n) sapnjoui jaglJnl pue '(jojalsueji s,jossaoons aqi lswe6e peq aneq p1nonn Auedwoo aqi legs (e) gdei6eiedgns sigl p aoualuas ls1i; aqi ui paquosap se nnel }o uoil -eiado Aq ssaupalgapui aqi saiinboe ognn jossaoons gons Aue o1 se sasual -ap pue sig61J Ile 78nannoq '6UINBS2J) ssaupalgapw sons }o digsiauMo w jossaoons goea pue abe6iuow painsui aq1 Aq pamoas ssaupalgapw ag1 }o 1.aunno aql (p sapnlow osle „painsw„ w1al aqi -siossaoons Ajeionpij jo alejodjoo io 'ui� }o lxau 'sangeluasaidej leuosiad 'SJOnVUns 'saasiAap 'saalnqulsip 'snaq 'ol paliw!I iou inq '6uipnjow asegolnd woi} pagsinb - uilsip se nnel }o uoilejado Aq painsui gons }o lsaialui aq1 of paaoons ognA asogl 'pamsui paweu aqi lsuie6e peq aneq Aew Auedwo3 aql sasua}ap 10 s1g6u Aue of loafgns 'pue 'y alnpagoS ui paweu painsui aqi :,,painsui,, (e) :ueaw Aoilod sigl w pasn uagnn swial 6wnn01101 Ni swJal ;o uowuyaQ •L •d alnpagoS ui of pana}ai 10 paq!josap saseal jo aseal agi }o suoll!puoo pue siueuanoo 'swial agl gl!M Aldwoo of ajnl!e} Aue }o loa}}a aqi * l L •y alnpagag u! of panala, ao paq!josap saseal jo @seal agi u, sjossal aql }o Ailnbu! buf�lew Aq pau!elleose aq pinoo goit4mInq spiooaj o!lgnd aglAq umogs lou aje golgm swlelojo sisaialu!'sig6lj'sloelAuy 'pl. •abpalmouN inogl!m anleA jo} jaouejgwnoue jo iesegoind a uaaq peg luew!elo painsu! aqi }! paulelsns uaaq aneq iou pinom goigm a6ewep jo ssol u! bulilnsai (a) jo :Aollod 10 alep of ivanbasgns paleajo jo bulgoelie (p) 'luew!eIo painsu! aqi of a6ewep jo ssol ou u! 6u!ilnsai (o) Ijapunajaq painsui ue oweoaq luewlelo painsui gons alep aqi of joud Auedwoo aql of luew!elo painsu! agl Aq uilijm u! posoloslp lou pue a6e6liow painsu! agi pailnboe jo Aoflod s!gl Aq painsupsajalul jo alelsa ue pai!nboe luewlelo gons alep agl le jo Aollod 10 ale(] le jaglla luew!elo painsui agi of umouN inq abeaanoo woj} papnloxa aslnnuaglo iou pue spjooei o!lgnd aql Aq umogs iou (q) :luewlelo painsu! aglAq of paaj6e jo pawnsse'paaa}}ns'peleajo (e) sjailew jaglo jo'swfelo asJanpe 'seouejgwnoua'suall'sioa }ad •g •spiooai o!lgnd aqi ui sjeadde slg6!j gons jo aspaxe aql 10 ao!lou ssalun jamod aollod jo sig6u leluawuJ9no6 ao ufewop ivau!wa 10 sig618 -g •uoflelnBei leivawwano6 Jo aoueu!pjo'nnel gons Aue jo uollelolAAue jo loajp agljo'puel agi jo eaje jo suolsuaw!p aqi u! *uollonpai a jo d!gsjaumo of uofiejedos a 6u!i!q!gojd jo 'puel aqi uo paloaia ial}eajaq ao mou luawanoidwf Aue jo uo!leool jo suolsuawlp 'jeioe]Iego aqi bulleln6ai jo 'puel aqi }o luawAofua jo asn 'Aouedn3oo aql buli!gigojd jo 6u!lelnbaa jo 6uflouisai (saoueulpio 6uluoz pue 6u!ppq of pal!w!l iou inq 6ulpnlou!) uolleln6ai leivawuJano6 Jo aoueu!pio 'noel Aubr •Aollod slgl.Aq painsui s! Aenng6!g io laajls uado AlleolsAgd a of ssaooe ao}iaunno buiiinge ue }o lg6u A.ieuip.10 agi golgnn of lualxa agl l!wil jo 4!pow llegs gdei6eied sfgl u! 6u!glou inq'sAemialennao sAenn' sauel 'sAalle'senuane'speoJ'slaajls 6ullinge u! jo ,o alnpagoS u! of paiialai io paquosap Alleo!}!oads eaje agi }o scull agl puoAaq puel u! luawasea ao alelsa 'lsajalu! 'ali!i'lg6!j Auy 'g aalenn of ali!i jo sw!elo'sig6!j jalenn (o) : joajagl aouenssi aql 6ulzuogine slog u! jo slualed u! suolldaoxa jo suo!leniasei (q) :swlelo 6u!u!w paivaiedun (e) •g •spjooaj ollgnd aglAq unnogs iou eje go!gnn pue'asolotlp pinonn Aanuns loa.uoo a go!gnn sioej jaglo Aue ao 'sluawgoeojoue 'ease u! 96eljogs 'scull Aiepunoq u! slo!lluoo 'salouedajos!Q .V •spjooaj ollgnd aql Aq unnogs iou eje go!gnn'loajagl sw!elo jo'saouejgwnoue jo suall 'sluawase3 '£ •loajagl uolssessod u! suosied to Ajlnbuf 6uf�lew Aq jo puel aql }o uolloodsul ue Aq pouleliaose aq pinoo golgnn inq spjooaj o!Ignd agi Aq unnogs iou ale golgnn swielo Jo slsaJalu! 'sig6u 'sloe) Auy 7 -spjooaj ollgnd aqi Aq ao Aoue6e gons }o spjooaj aqi Aq unnogs iou jo J9glagnn's6u!pa9oojd gons }o sao!lou jo'sluawssasse jo saxel u! llnsai Aew go!gnn Aoua6e o!Ignd a Aq sbu!paaooid -spjooei ollgnd agl Aq jo Aijadoid leaf uo sivawssasse Jo saxel Salnal legl Aluoglne 6ulxei Aue }o spiom aqi Aq sua!l 6u!islxa se unnogs iou ale go!gnn sivawssasse Jo saxel 11aed 9 alnpo4oS J TICOR TITLE INSURANCE Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, 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: I 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; I 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; I 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 Bin the order of its priority,- or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By ,``; J President Attest Secretar y TO 1012 CA (10 -84) California Land Title Association Standard Coverage Policy — 1973 CAT. NO NNO0240 CAT. NO. NN00051 TO 77 (7 -84) NOTICE OF RETURNED DOCUMENTS fil TICOR TITLE INSURANCE City of San Luis Obispo Our No. 151614RZ ATTN: NANCY KNOFLER 990 Palm Street Your No. So. Pacific San Luis Obispo, CA 93+01 Date January 16, 1986 We are sending you the items checked below: ❑ Receipted tax bill which has served our purpose. ❑ Copy of covenants, conditions and restrictions ordered by you. ❑ Escrow Instructions dated ❑ Preliminary Title Report dated as of ❑ Recorded instrument which you sent :to us for examination. ❑ Plat to be used with the order number shown above. $X Policy of Title Insurance per your instructions. \' Ticor Title Insurance Company of California Rod Zivkovich Escrow or Title Officer San Luis Obispo f County �/