HomeMy WebLinkAboutD-1249 Right-Of-Way At 110 Higuera Recorded 09/23/1986_ RECORDING REQUESTED BY_
TICOR TITLE INSURANCE COMPANY cur
l AND WHEN RECORDED MAIL TO
Jame CITY OF SAN LUIS OBISPO
Post Office Box 8100
ddfess San Luis Obispo, Ca. 93403 -8100
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MAIL TAX STATEMENTS TO
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CAT. NO. NNO0582
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DOC. NO.
OFFICIAL ��
SAN LUIS OBISPO CO., CA
S E P 2 31986
FRANCIS M. COONEY
County Clerk- Recorder
TIME 8:00 AM
1
4FIL0 CC PA,CI EXE;, PT OUT OF
STATE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Individual Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ -ANIM _ N ONE .
ad ( X ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of SAN LUIS OBISPO , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PAUL PRATHER and JACQUELINE PRATHER., -husband and wife
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hereby GRANT(S) to CITY OF SAN- LUIS OBISPO, a Chartered Municipal Corporation
Q Q the following described real property in the City of San Luis Obispo
dU C�J County of San Luis Obispo , State of California:
QCOMPLETE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A ",
COMPRISED OF ONE PAGE,.
Dated: Aucrust 25 ? , 1986 `
PAUL PRATHER
STATE OF CALIFORNIA
COUNTY OF Sari Luis Obispo }SS.
On / / before
me, the dersigned, a Notary Public in and for said State,
personally appeared Paul Prather and
Axmx-2aAxxNMmtbmKtx Jacaueline Prather
personally known to me or proved to me on the basis of sat-
isfactory evidence to be the persons whose names are
subscribefi to the within instrument and acknowledged
that Y executed the same..
WITNESS my hand and official seal.
Signature
Title Order No,
JACQUELINE Prather
Escrow or Loan No. 154797 RZ
MAIL TAX STATEMENTS AS DIRECTED ABOVE � VOL M8 PAGE 242
OFFICIAL SEAL
`
JEANNE M. NOTAKOS
Notary Public- California
i
Principal Office In
I'
San Luis Obispo County
%',•
My Comm. Exp. Apr. 23, 1988
L�JJ
(This area for official notanal seal)
Escrow or Loan No. 154797 RZ
MAIL TAX STATEMENTS AS DIRECTED ABOVE � VOL M8 PAGE 242
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OF
EXHIBIT "A"
DESCRIPTION
THAT PORTION OF LOT I IN BLOCK 149 THE J. OF HARFORD ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS.OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
FILED IN BOOK A, PAGE 123 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF HIGUERA STREET THAT
BEARS SOUTH 3° 15' 00" WEST, 216.46 FEET FROM THE INTERSECTION OF THE
WESTERLY LINE OF HIGUERA STREET WITH.THE SOUTHERLY LINE OF SOUTH
STREET, AS SAID POINTS ARE-SHOWN ON RECORD OF SURVEY RECORDED IN BOOK
13, PAGE 23;
THENCE SOUTH 3° 15' 00" WEST ALONG THE WESTERLY LINE OF HIGUERA
STREET, A DISTANCE OF 66.59 FEET TO A POINT;
THENCE ON A CURVE TO THE RIGHT, .TANGENT TO THE LAST DESCRIBED LINE,
WITH A RADIUS OF 200.00 FEET, THROUGH AN ANGLE OF 13° 47' 34 ", FOR A
LENGTH OF 48.15 FEET TO A POINT;
THENCE NORTH 810 11' 30" WEST, A DISTANCE OF 25.54 FEET TO A POINT;
THENCE NORTHERLY ON A CURVE HAVING A TANGENT THAT BEARS NORTH 160 01'
53" EAST, WITH A RADIUS OF 250.00 FEET THROUGH AN ANGLE OF 12° 46'
5321, FOR A. LENGTH OF 55.17 FEET TO A POINT;
THENCE NORTH 30 150 00" EAST,:,A DIST -NCE OF 56.46 FEET TO A POINT;
THENCE SOUTH 860 48' 00" EAST,, A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING.
(END OF DESCRIPTION)
V OL ?888PAGE243
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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
Crant Deed
dated August 25th 1986, from Paul and Jacqueline Prather
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. 5.370 (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: 4 1 &
ATT T: r l
V
evec
09inellla Voges, City C1 •k
CITY OF SAN LUIS OBISPO
By
layor Ron Dunin
VOL 2888 PAGE 244
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. ss.
On this 15th day of August , in the year
Marilyn Perry personally appeared _
1986, before me
Ron Dunin known to me
to be Mayor of the City of San Luis Obispq and known to
me to be the person who executed the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that the City
of San Luis Obispo executed the same.
F i �' W_ §12n,"Pp" I
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OFFICIAL SEAL '
MARILYN PERRY
@.,My Notary Public- California
(SEAL) Principal Office In
San Luis Obispo County
Comm. Exp. Aug. "I 1987
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C E T I F I C A T E.
I, Pamela Voges, the duly appointed and qualified acting City Clerk
of the City of San Luis Obispo, do hereby certify that the foregoing
is a full, true and correct copy of: Resolution No. 6045 (1986 Series) ,
approving an agreement acquiring right -of -way at 110 Higuera Street from
Paul & Jacqueline Prather; Purchase Agreement & Escrow Instructions =and
License Agreement.___
WITNESS my hand and the seal of the City of San Luis Obispo this 12th
day of . August 1986.
(SEAL)
lamela Voges, Ci Clerk
END OF DOCUMENT VOL 2888PAGE246
�illlli 1111 IIII IIII I ��� �Illllll 1�1111�
city Of SM IU1S OBI
S
990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100
(805) 549 -7140
September 26, 1986
MEMORANDUM
To: Pam Voges, City Clerk
From: Anne M. Russell, Assistant City Attorney
Subject: Acquisition of .Property at 110 Higuera Street'(Paul and
Jacqueline Prather)
Attached is the Individual Grant Deed conveying the right -of -way to the
City for the Higuera Street widening in front of Budget Rent -A -Car at 110
Higuera Street. The deed was recorded on- September 23, 1986. As soon as
the policy of title insurance is received, I will forward it to you.
AMR: ajr
Attachment
c: Paul Lanspery
Toby Ross
Bobbie Goddard
Wayne Peterson
�Illlll III IIIIIIIIIII�IIIIII IIIIIIIIII� I+I
�I
city of sAn tuis oBi
S
990 Palm Street /Post Office Box 8100 a San Luis Obispo, CA 93403 -8100
(805) 549 -7140
September 24, 1986
MEMORANDUM
To: Finance.Department
From: Anne M. Russell, Assistant City Attorney
Subject: Acquisition of Right -of -Way 110 Higuera - Prather
Please find attached a copy of the escrow closing statement and check in
the amount of $393 for refund which includes credit for the preliminary
title report fee. Please place the $393 in Account No. 882 - 9090 - 080 -850.
ajr
Enclosures
c: ,_.City Clerk-- (wi_thouf_.encls..')
October 10, 1986
MEMORANDUM
To: Pam Voges, City Clerk
From: Anne M. Russell, Assistant City Attorne
Subject: 1.10 Higuera Street - Prather
Attached is the original Policy of Title Insurance issued by Ticor Title
Insurance on the above referenced property. Please retain this in your
files.
ajr
Attachment
(Conditions and Stipulations Continued and Concluded from Reverse Side of This Page)
8. Reduction of Insurance — Termination of Liability
All payments under this 'policy, except payment made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto;
provided, however, if the owner of the indebtedness secured by the in-
sured 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 se-
cured 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 paragraph 2(a) hereof.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under this policy as
to the insured owner of the estate or interest covered by this policy, shall be
reduced by any amount -the Company may pay under any policy insuring (a)
a mortgage shown or referred to in Schedule B hereof which is a lien on the
estate or interest covered by this policy, or (b) a mortgage hereafter exe-
cuted 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 indebt-
edness secured by the insured mortgage, unless such insured acquires
title to said estate or interest in satisfaction of said indebtedness or any part
thereof.
10. Subrogation Upon Payment or Settlement
Whenever the Company shall have paid or settled a claim under this policy,
all right of subrogation shall vest in the 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 pay-
ment, or release a portion of the estate or interest from the lien of the
insured mortgage, or release any collateral security for the indebtedness,
provided such act occurs prior to receipt by such insured of notice of any
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claim of title or interest adverse to the title to the estate or interest or the
priority of the lien of the insured mortgage and does not result in any loss of
priority of the lien of the insured mortgage. The Company shall be subro-
gated 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 au-
thorized 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 docu-
ments to evidence the within subrogation. If the payment does not cover
the loss of such insured claimant, the Company shall be subrogated to such
rights and remedies in the proportion which said payment bears to the
amount of said loss, but such subrogation shall be in subordination to an
insured mortgage. If loss should result from any act of such insured
claimant, such act shall not void this policy, but the Company, in that event,
shall as to such insured claimant be required to pay only that part of
any losses insured against hereunder which shall exceed the amount,
if any, lost to the Company by reason of the impairment of the right of
subrogation.
11. Liability Limited to this Policy
This instrument together with all endorsements and other in' struments, if
any, attached hereto by the Company is the entire, policy and contract be-
tween 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 restricted to the provisions and
Conditions and Stipulations 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 its Principal
Office: Claims Department, 6300 Wilshire Boulevard, PO. Box 92792,
Los Angeles, California 90009.
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(Conditions and Stipulations Continued from Reverse. Side of Policy Face) .
2. (a) Continuation of Insurance after Acquisition of Title by Insured
Lender
If this policy insures the owner of the indebtedness secured by the insured
mortgage, this policy shall continue in force as of Date of Policy in favor of
such insured who acquires all or any part of said estate or interest in the
land described in Schedule C by foreclosure, trustee's sale, conveyance in
lieu of foreclosure, or other legal manner which discharges the lien of the
insured mortgage, and if such insured is a corporation, its transferee of the
estate or interest so acquired, provided the transferee is the parent or
wholly owned subsidiary of such insured; and in favor of any governmental
agency or instrumentality which acquires all or any part of the estate or
interest pursuant to a contract of insurance or guaranty insuring or guaran-
teeing the indebtedness secured by the insured mortgage. 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 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 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
•
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.
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 owner 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 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 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 additional 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 of the Company.
(Conditions and Stipulations Continued and Concluded on Reverse Side of This Page)
• ,
154797- DS -RZ /TJ
PAGE 1
(DS6)
SCHEDULE A
POLICY NO. 154797
DATE OF POLICY SEPTEMBER 23, 1986 AT 8:00 A.M.
AMOUNT OF INSURANCE $90,000.00
PREMIUM $448.00
1. NAME OF INSURED:
CITY OF SAN LUIS OBISPO, A CHARTERED MUNICIPAL CORPORATION.
2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY
VESTED IN:
CITY OF SAN LUIS OBISPO, A CHARTERED MUNICIPAL CORPORATION.
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND
WHICH IS COVERED BY THIS POLICY IS A FEE.
• . 154797- DS -RZ /TJ
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 t (ONE) TO 11 (ELEVEN)
INCLUSIVE ON THE INSIDE COVER SHEET 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. A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA OF ANY CLAIMS FOR
DAMAGES TO SAID LAND BY REASONS STATED HEREIN, CONTAINED IN THE DEED
FROM JOSEPH ESCOBEDO
REASON LOCATION, CONSTRUCTION, LANDSCAPING AND
MAINTENANCE OF A HIGHWAY CONTIGUOUS
THERETO
RECORDED AUGUST 21, 1961 IN BOOK 1140, PAGE 47 OF
OFFICIAL RECORDS.
3. MATTERS AS DISCLOSED BY A MAP RECORDED IN BOOK 6, PAGE 108 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
4. COVENANT
DATED APRIL 3, 1963
BY & BETWEEN SIGNAL OIL COMPANY (A DIVISION OF
STANDARD OIL COMPANY OF CALIFORNIA)
AND MARTIN V. SMITH
FOR A CONDITIONAL USE PERMIT
RECORDED APRIL 11, 1963 IN BOOK 1235, PAGE 300
OF OFFICIAL RECORDS.
5. THE EFFECT OF THE FOLLOWING:
LICENSE AGREEMENT
DATED AUGUST 5, 1986
BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND PAUL
PRATHER AND JACKIE PRATHER, HUSBAND AND
WIFE
RECORDED SEPTEMBER 22, 1986 AS INSTRUMENT NO.
61215.
• 154797- DS -RZ /TJ
PAGE 3
(DS6)
SCHEDULE C
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 1 IN BLOCK 149 THE J. OF HARFORD ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
FILED IN BOOR A, PAGE 123 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF HIGUERA STREET THAT
BEARS SOUTH 30 15' 00" WEST, 216.46 FEET FROM THE INTERSECTION OF THE
WESTERLY LINE OF HIGUERA STREET WITH THE SOUTHERLY LINE OF SOUTH
STREET, AS SAID POINTS ARE SHOWN ON RECORD OF SURVEY RECORDED IN BOOK
13, PAGE 23;
THENCE SOUTH 30 15' 00" WEST ALONG. THE WESTERLY LINE OF HIGUERA
STREET, A DISTANCE OF 66.59 FEET TO A POINT;
THENCE ON A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED LINE,
WITH A RADIUS OF 200.00 FEET, THROUGH AN ANGLE OF 13° 47' 34 ", FOR A
LENGTH OF 48.1.5 FEET TO A POINT;
THENCE NORTH 810 11' 30" WEST, A DISTANCE OF 25.54 FEET TO A POINT;
THENCE NORTHERLY ON A CURVE HAVING A TANGENT THAT BEARS NORTH 160 01'
53" EAST, WITH A RADIUS OF 250.00 FEET THROUGH AN ANGLE OF 12° 46'
53 ", FOR A LENGTH OF 55.17 FEET TO A POINT;
THENCE NORTH 30 15' 00" EAST, A DISTANCE OF 56.46 FEET TO A POINT;
THENCE SOUTH 860 48' 00" EAST, A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING.
(END OF DESCRIPTION)
® 154797- DS -RZ /TJ
PAGE 4
(DS6)
EXHIBIT "I"
1. GENERAL AND SPECIAL COUNTY TAXES AND CITY TAXES FOR THE FISCAL
YEAR 1986 -1987, A LIEN NOT YET PAYABLE.
2. GENERAL AND SPECIAL COUNTY TAXES AND CITY TAXES FOR THE FISCAL
YEAR 1985 -1986, INCLUDING PERSONAL PROPERTY TAX, IF ANY,
TOTAL AMOUNT $1,287.44 - ALL PAID
FIRST INSTALLMENT $ 643.72
PERSONAL PROPERTY OF NONE
IN THE AMOUNT OF NONE
SECOND INSTALLMENT $ 643.72
CODE AREA
PARCEL NO.
003 -000
04- 801 -1.6 -000
SAID MATTER AFFECTS A PORTION OF THE LAND HEREIN DESCRIBED
TOTAL AMOUNT $429.14 - ALL PAID
FIRST INSTALLMENT $214.57
PERSONAL PROPERTY OF NONE
IN THE AMOUNT OF NONE
SECOND INSTALLMENT $2.14.57
CODE AREA 003 -000
PARCEL NO. 04- 801 -1.8 -000
SAID MATTER AFFECTS A PORTION OF THE LAND HEREIN DESCRIBED
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.
3. 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.
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Schedule B 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, whether or not the matters excepted under (a), (b), or(c)are shown bythe public records.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in
Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall
modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is
insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of
any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part, whether or not shown bythe public records at
Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by
the public records at Date of Policy.
8. Rights of eminent domian 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) whether or not shown by the public records at Date of
Policy; but created, caused, 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 subsequentto 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.
10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making
inquiry of the lessors in the lease or leases described or referred in Schedule A.
11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to
in Schedule A.
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights
or defenses the Company may have had against the named insured, those
who succeed to the interest of such insured.by operation of law as distin-
guished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors. The term "insured" also includes (i) the owner of the
indebtedness secured by the insured mortgage and each successor in
ownership of such indebtedness (reserving, however, all rights and de-
fenses as to any such successor who acquires the indebtedness by opera-
tion of law as described in the first sentence of this subparagraph (a) that
the Company would have had against the successor's transferor), and
further includes (ii) any governmental agency or instrumentality which is an
insurer or guarantor under an insurance contract or guaranty insuring or
guaranteeing said indebtedness, or any part thereof, whether named as an
insured herein or not, and (iii) the parties designated in paragraph 2(a) of
Conditions and Stipulations
these Conditions and Stipulations.
(b) "insured claimant ": an insured claiming loss or damage hereunder.
(c) "insured lender ": the owner of an insured mortgage.
(d) "insured mortgage ": a mortgage shown in Schedule B, the owner of
which is named as an insured in Schedule A.
(e) "knowledge ": actual knowledge, not constructive knowledge or notice
which may be imputed to an insured by reason of any public records.
(f) "land ": the land described specifically or by reference in Schedule C, and
improvements affixed thereto which by law constitute real property; pro-
vided, however, the term "land" does not include any area excluded by
paragraph 6 of Part I of Schedule B of this Policy.
(g) "mortgage ": mortgage, deed of trust, trust deed, or other security in-
strument.
(h) "public records ": those records which by law impart constructive notice
of matters relating to the land.
(Conditions and Stipulations Continued on the Inside of the Last Page of This Policy)
J INSURANCE
TICOR TITLE
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:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in
fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only;
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim
thereof, arises out of the transaction evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the
order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
By President
JJJ,
Attest Secretary
TO 1012 CA (5 -86) California Land Title Association Standard Coverage Policy — 1973 (Amended 12 -6 -85 and 2- 20 -86) CAT. NO. NNO0240