HomeMy WebLinkAboutD-126 Garden & Pismo Sts Recorded 11/03/1947i _Dia 6
THIS INDEP�TURE made this day of August, 1947, by
and between Security -First National Bank of Los Angeles, a national
banking association, the duly appointed, qualified and acting ad-
ministrator with the will annexed of the estate of Thomas A.
Greenleaf, deceased, the party of the first part, and the City
of San Luis Obispo, a municipal corporation of the State of
California, party of the second part.
W I T N E S SETH'
THAT WHEREAS, pursuant to legal notice thereof said
party of the first part on the 24th. day of July, 1947, sold at
private sale to the said City of San Luis Obispo, a municipal
corporation of the State of California, and the said City of San
Luis Obispo became the purchaser of the whole of the property
hereinafter described, for the sum of Thirty -six Hundred Fifty
($3650.00) Dollars, Lawful Money of the United States of America,
it being the highest and best bidder and that being the highest
and best sum bid, and;
1VHEF.EAS, upon due and legal return of its proceedings
made by the said party of the first Dart after Peaking said sale,
and upon due and legal notice of more than ten days given in
all respects as required by law, the return of said sale by party
of the first Dart and its petition for confirmation thereof, came
on regularly to be heard in the Superior Court of the State of
California, in and for the County of San Luis Obispo, on the
18th day of August, 1947, and no offer and no higher bid having
been made, said Court confirmed said sale to said party of the
second part for said sum of Thirty -six Hundred nifty ($3650.00)
Dollars, which said order confirming said sale was made in open
1. 3 1"�2 �
court on said 18th day of August, 1917, a certified copy of which
said order of confirmation was recorded in the office of the County
Recorder of the County of San Luis Obispo, State of California, on
the day of August, 1917, which said order of confirmation,
now on file and of record, is hereby referred to and made a part
hereof.
NOW THEREFORE, the said Security -First National Bank
of Los Anaeles, adreinistrator of the estate of-Thomas A.
Greenleaf, deceased, as .aforesaid, pursuant to order last afore-
said of said Superior Court, for and in consideration of the sum
of Thirty -six Hundred Fifty (93650.00) Dollars, Lawful Money of
the United States of America, to it in band paid by the said party
of the second part, the receipt whereof is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell and convey unto the said party of the
second hart all the right, title, interest and estate of the said
Thomas A. Greenleaf, deceased, at the time of his death, and also
all right, title and interest that said estate of Thomas A.
Greenleaf, deceased, by operation of law or otherwise may have
acquired other than or in addition to that of said deceased at
the time of his death, of, in and to all that certain real property
situate in the County of San Luis Obispo, State of California, des-
cribed as follows, to -wit:-
That portion of Lots 9, 10 and 11 in Block 88 of the Mission
Vineyard Tract, in the City of San Luis Obispo, County of San
Luis Obispo, State of California, according to map filed for
record March 8, 1873 in the office of the County Recorder of
said County, described as follows:
Commencing at a point on the Southerly line of Garden Street, in the
City of San Luis Obispo, bein-a the point of intersection of said
Southerly line of Garden Street with the line of the Mission Vine- "
yard stone wall and being 78 3/12 feet Northerly from the South -.
westerly corner of Garden and Pismo Streets and running thence North-
erly along said Southerly line of Garden Street, 100 feet; thence at
2.
right angles ?,rith Garden Street Westerly to the line of the Mission
Vineyard stone wall; thence Southerly along said stone wall, 100 feet,
more or less, to the corner of the Mission Vineyard Tract; thence
Easterly along the line of said Mission Vineyard stone well to the
point of beginning.
Saving and excepting therefrom the Northwesterly 10 feet of said
Lots 9, 10 and 11 as conveyed to Sophia Hoefer by Deed dated October
25, 1902 and recorded in Book 54 of Deeds, at page 565, records of
said County
Subject to the proration of taxes as of the date of delivery of
deed to said premises.
IN WITNESS 1111HEFEOF, the said party of the first part, ad-
ministrator as aforesaid., has caused these presents to be executed
by its Vice - President and Trust Officer thereunto duly authorized
the day and year herein first above written.
STATE OF CALIFOZiIA )
)ss.
County of Santa Barbara)
On this 3 day of.
SECURITY -FIRST NATIONAL BA14K OF
LOS ANGELES, a national banking
associa
By V440�cazw_
ice President
By
/ lrust Officer
August
, 1947, before me,
799 C. BURTON , a Notary Public in and
for the County of Santa Barbara, State of California, residing therein,
duly commissioned and sworn, personally appeared 71.1, GbgMB_% iN
, personally known to me to be Vice-
president, and L. W, PIEG1E personally kno.vm
to me to be Trust Officer of Security -First National Bank of Los
Angeles, a national banking association, and known to me to be the
persons who executed the within and foregoing instrument on behalf of
said National Banking association, and they acknowledged tome that
3.
4 1
said Security-First National Bank of Los Angeles, a national banking
association, executed the same as administrator of the estate of
Thomas A. Greenleaf. deceased.
WITNESS my hand and official seal the day and year in
this certificate first above written.
Notary Public In and For the County
99 San L;416 Gbispe, gtate 91
QR1 4;2nrm�.
of Santa Barbara, State of California
as JIFF 'i
{A
W EE .T!
4.
70
O
7 CC CC
Notary Public In and For the County
99 San L;416 Gbispe, gtate 91
QR1 4;2nrm�.
of Santa Barbara, State of California
as JIFF 'i
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W EE .T!
4.
i.... ---
C .0 P Y
RESOLUTION NO. 826 (New Series) -
A RESOLUTION ACCEPTING A DEED FROM THE SECURITY
FIRST NATIONAL BAN:{ OF LOS ANG�E:1IE S.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
That that certain deed dated August 23, 1947, made and executed by the
Security First'National Bank of Los Angeles, Executor of the Estate of Thomas
A. Greenleaf, deceased, and conveying to the City of San Luis Obispo the
following described real property, to -wit: .
That portion of Lots 9, 10, and 11 in Block 88
of the Mission Vineyard Tract, in the City of San Luis
Obispo, County of San Luis Obispo, State of California,
according to map filed for record March 8, 1873 in the
office of the County Recorder of said County, described
as follows:
Beginning at a point on the Southerly line of Garden Street,
in the City of San Luis Obispo, being the point of intersection
of said Southerly line of Garden Street with the line of the
Mission Vineyard stone wall and being 78 -3/12 feet Northerly
from the Southwesterly corner of Garden and Pismo Streets and
running thence Northerly along said Southerly line of Garden
Street 100 feet; thence at right angles with Garden Street
Westerly to the line of the Mission Vineyard stone wall; thence
Southerly along said stone wall, 100 feet, more or less to
the corner of the Mission Vineyard Tract; thence Easterly along
the line of said Mission Vineyard stone wall to the point of
beginning.
Saving and excepting therefrom the Northwesterly 10 feet of
said Lots. 9, 10 and 11 as conveyed to Sophia Hoefer by deed
dated October 25, 1902, and recorded in Book 54 of Deeds, at
page 565, records of said County,
be and the same is hereby accepted by the City of San Luis Obispo; and the
City Clerk is hereby directed to cause said deed to be recorded in the
office of the County Recorder of the County of San Luis Obispo, State of
California.
ing vote:
PASSED AND ADOPTED this 3rd day of November 1947, by the follow-
AYES: G.W.Baker, Wm. 0. Hall, R.P.Howell, Timothy I. O'Reilly
NOES: None
ABSENT: Kline Williams
J.E.Brown
City Clerk
I hereby
regularly passed by the
regular meeting thereof
certify that
Ctty Council
held Nc
TIMOTHY I. O'REILLY
Mayor
the foregoing resolution was duly and
.of. the City of San Luis Obispo at a
o.
P -Ai3 10-30 -46 Z5M
,,,b
PREMIUM $30.00
.9mOUnt$3650.00 . _ - _ lh1mb"26565_SLO
_ policy 1i B Insupanift
se'op HIC In'S.UP O and GUAPO CO go an
- �. P J
a California Corporation, bereiri called the Company,
for a valuable consideration paid for this Policy of Title Insurance
'Does 8epebg InswB
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 C, 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 B, 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 which the insured shall sustain, not exceeding _ _ _ _ _ _ _ _ _
_THIRTY SIX HUNDRED FIFTY AND N01100_ _ _ _ _ _ — dollars,
by reason of title to the land described in Schedule B 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 unmarketability
exists because of defects, liens, encumbrances, or other matters shown in Schedule C; or by reason of any defect in,
or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule C; or by reason of any defect
in the execution of any mortgage or deed of trust shown in Schedule C securing 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
encumbrance upon said land, except as shown in Schedule C; all subject, however, to Schedules A, B, C and D and
the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy.
In lUitness Moiled, Security Title Insurance and Guarantee Company has caused its corporate
name and seal to be hereunto affixed byits duly authorized officers, this 12th day of November,
1947, at 9:30 otclock A.M.
Seeupity°ntle InsuRaneeandGuapantee Dompang
By
w President.
Attest:
SCHEDULE A Assistant Secretary.
The title to said land is at the date hereof vested in
CITY OF SAN LUIS OBISPO,
a municipal corporation.
P- 1113 -A
SCHEDULES B and C
Description of the land, title to which is insured by this policy; designated hereafter as `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; designated hereafter as "C."
"B"
That portion of Lots 9, 10 and 11 in Block 88 of the Mission Vineyard
Tract, in the City of San Luis Obispo, County of San Luis Obispo, State
of California, according to map filed for record March 8, 1873 in the
office of the County Recorder of said County, described as follows:
Beginning at a point on the Southerly line of Garden Street, in the City
of San Luis Obispo, being the point of intersection of said Southerly
line of Garden Street with the line of the Mission Vineyard stone wall
and being 78 3/12 feet Northerly from the Southwesterly .corner of Garden
and Pismo Streets and running thence Northerly along said Southerly line
of Garden Street, 100 feet; thence at right angles with Garden Street
Westerly to the line of the Mission Vineyard stone wall; thence Southerly
along said stone wall, 100 feet, more or less, to the corner of the
Mission Vineyard Tract; thence Easterly along the line of said Mission
Vineyard stone wall to the point of beginning.
Saving and excepting therefrom the Northwesterly 10 feet of said Lots 9,
10 and 11 as conveyed to Sophia Hoefer by deed dated October 25, 1902
and recorded in Book 54 of Deeds, at page 565, records of said County.
ITC"
1. County taxes of the fiscal year 1947_48. Amount of first installment
$16.23. Amount of second installment $16.23. Assessment No. 8453B.
2. City taxes of the fiscal year 1947_48. Amount of first installment
$6.87. Amount of second installment $6.87. Assessment No. 963.
P -103 -B 10-746 30M
SCHEDULE D
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 constructive no-
tice, 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. Any governmental acts or regulations restricting, regulating or" prohibiting the occupancy or use of said land or any
building or structure thereon.
STIPULATIONS
SCOPE OF 1. This policy does not insure against, and the Com-
COVERAGE pany will not be liable for loss or damage created by
or arising out of any of the following: (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 subsequent 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
successor of such named insured.
DEFENSE OF Q, The Company at its own cost shall defend the
ACTIONS insured in all actions or proceedings against the
insured founded upon a defect, lien, encumbrance,
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 case 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
NOTICE OF thereof in writing. If such notice shall not be given
ACTIONS OR to the Company at least five days before the ap-
CL'AIMS TO pearance day in any such action or proceeding, or
BE GIVEN BY if 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 Com-
pany 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 pro-
ceeding, 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 in-
sured shall assist the Company in any such action or proceeding,
in effecting settlement, securing evidence, obtaining witnesses, pros-
ecuting or defending such action or proceeding to such extent and
in such manner as is deemed desirable by the Company, and the
Company shall reimburse 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 recoverable 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 con-
structive 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 pay,
SETTLE, OR COM- settle, or compromise for, or in the name of,
PROMISE CLAIMS the insured, any claim insured against or to
pay this policy in full at any time, and pay.
ment or tender of payment of the full amount of this policy, to.
gether 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 Company with respect
to any litigation pending and subsequent costs thereof.
SUBROGATION 4. Whenever the Company shall have settled
UPON PAYMENT a claim under this policy, it shall be subro-
OR SETTLEMENT gated to and be entitled to all rights, secur-
ities, and remedies which the insured would
have had 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 proportion which said payment bears
to the amount of said loss. In either event the insured shall trans-
fer, or cause to be transferred, to the Company such rights, securi-
ties, 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 S. The Company has the right and option,
INSURED OWNER in case any loss is claimed under this
OF INDEBTEDNESS policy by an insured owner of an indebted -
AND BECOME OWNER ness secured by mortgage or deed of trust,
OF SECURITY to pay such insured the indebtedness of
the mortgagor or trustor under said mort-
gage 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.
NOTICE ,... 6. A' statement in writing of any loss or damage for
OF LOSS which it is.claimed the Company is liable under this
policy, shall be furnished to the Company within sixty
days after such loss or damage shall have been ascertained.. No
action or proceeding for the recovery of any such
LIMITATION loss or damage shall be instituted or maintained
OF ACTION against the Company until after full compliance
by the insured with all the conditions 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 im-
OF LITIGATION. posed upon the insured in litigation carried on
INDORSEMENT by the Company for the insured, and in litiga-
OF PAYMENT tion carried on by the insured with the written
ON POLICY authorization of the Company, but not other-
wise. 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 insurance pro Canto, 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 payment can be demanded by any insured without pro-
ducing this policy for indorsement of such payment
MANNER OF 8. Loss under this policy shall be payable, first,
PAYMENT OF to any insured owner of indebtedness secured by
LOSS TO mortgage or deed of trust shown in Schedule C,
INSURED 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 writing
CHANGE POLICY indorsed hereon or attached hereto signed
by the President, a Vice President, the
Secretary, or an Assistant Secretary of the Company.
F
February 119 1948.
To the Hon. Board of Supervisors'
County of San Luis Obispo',
State of California
Dear Sirs.s
The City of San Luis Obispo purchased
Lots 99 10 and 11, Block 88 Mission Vineyard Tract
in the City of San Luis Obispo from T.A.Greenleaf
Estate by Deed dated August 23, 1947, made and executed
by the Security First National Bank of Los Angeles,
Executor of the Estate.of Thomas A. Greenleaft deceased,
and conveying title to.the City.of San Luis Obispo,
The City respectfully petitions the Board
to have the taxes against the said property, for the
year 194748' cancelled,
Yours truly,
City Clerk
V
IRYf
SECURITY -FIRST NATioNAL BaNK of Los UGELEs
SAVINGS COMMERCIAL TRUST
SANTA BARBARA BRANCH
834 STATE
SANTA BARBARA. CALIFORNIA
February 10, 1049
Reference: Trust No. SB -337
City Clerk
City of San Luis Obispo
San.Luis Obispo, California
Dear Sir:
Ve are inclosing Tax Notice from Mr. J. E. Barrett, County Tax
Collector, San Luis Obispo County, California, covering lots
9, 10, and 11, block So", :-;ission Vineyard Tract, San L•sis Obisac.
California.
Ourrecords show that this property was sold to the City of San
Luis Obispo October 16, 1947, and we are forwarding this notice to
you for your attention.
Kindly ackncti ..ledge receipt of the inclosure by signing and returning
the cirbon copy of this letter.
Very ul yours,
fi. I HT SON
Trust Department
HJ:tdr
Inclovares
Copy to J. B. Barrett, County Tax Collector,
San Luis Obispo, California
S.C.B.T.U. No. 9-Aev. 5 -2416 2500
ti PRELIMINARY REPORT Phone loss
it
Issued for Sole Use of 1119 Chorro Street
SAN LUIS OBISPO, CALIFORNIA
Mr. C. P. Kaetzel
793 Higuera Street
San Luis Obispo, California
L J
in connection with our Order No. 26565 Your No. preliminary to issuance of the Company's
Policy of Title Insurance in its usual form showing title as herein set forth, provided no change
occurs subsequent to the date hereof.
Preliminary examination may include matters not shown of record and report thereof is accordingly issued only as an accommodation
and without liability, pending recordation, final closing and issuance of Policy in accordance with instructions in connection with the order. State-
ment of charges will be rendered when policy is issued or sixty days from entry of order, if policy is not issued prior to that time.
Dated as of August 27, 1947, at 8:00 A.M. Security Tide Insurance and Guarantee Company,
C
J. E.
MCC;
lure, Manager
°estee: The heirs or devisees of T. A. GREENL AF, deceased, subject to
the administration of the estate of said decedent, Security-First
National'Bank of Los Angeles, a national banking aso-ocia.tion, being
the duly appointed and qualified administrator thereof, No. 6018,
Superior Court Probate. / Case
Subject to:
1. Taxes of the fiscal year 1947_48, now a lien, but not yet due
and payable.
2. An Order Confirming Sale issued out of the Superior Court of the
State of California, in and for the County of San Luis Obispo,
Probate Case No. 6018, a certified copy of which was filed for
record August 19, 1947, under Recorderts Series No. 8809, records
of said County.
�Y That portion
A in the City
according to
-.:. Recorder of
t
D E S C R I P T I O N
of Lots 9, 10 and 11 in Block 88 of the Mission Vineyard Tract,
of San Luis Obispo, County of San Luis Obispo, State of California,
map filed for record March 8, 1873 in the office of the County
said County, described as follows:
Beginning at a point on the Southerly line of Garden Street, in the City of
San Luis Obispo, being the point of intersection of said Southerly line-of
Garden Street with the line of the Mission Vineyard stone wall and being
78 3/12 feet Northerly from the Southwesterly corner of Garden and Pismo
Streets and running thence Northerly along said Southerly line of Garden Street,
100 feet; thence at right angles with Garden Street Westerly to the line of
the Mission Vineyard stone wall; thence Southerly along said stone wall, 100
feet, more or less, to the corner of the Mission Vineyard Tract; thence Easterly
-;f
#26565 page -2- Kaetzel .
along the line of said Mission Vineyard stone wall to the point of begin-
ning.
Saving and excepting therefrom the Northwesterly 10 feet of said Lots 9,
10 and 11 as conveyed to Sophia Hoefer by deed dated October 25, 1902 and
recorded in Book 54 of Deeds, at page 565, records of said County.
bh/
8/29/47
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