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HomeMy WebLinkAboutD-130 Weill'S Addn Recorded 09/07/1948- -J---=--- - - - - -- - - ---- --......................... Dollars V [� -------------------- - - - - -- ................................ EIN M.. LEW N -- and_- MILDR.ED- LEWIN, - -- ---------------- ••------- "-- ....... " - -- husband- -and- - wife,--- - -• - -- Do--- - -- ---- Hereby Grant to SAN- L.U!S OBISPO,---------- - ---- --- ........................................... a•- municipal_. co-rporation,---------------- ----- - -- --------- --"--- -----....---"----"- -----: ........------ ............------ ------ -- - - --. all that Real Property situate in the .. -O itY --- Qf_Sar4 - -zui -..q bid o...------•-•--" .............................................. County of ............................... ................. . Ss' iT. l-D Ai x --- Qbk5 .P.R..................... State of California, described as follows: Lot 33 in Block 11 of Wei-Ills Addition to the City of San Luis Obispo, according to map filed for record September 153 1887, in the office of the County Recorder of said County. SUBJECT TO: 1. Taxes of the .f scat ye ,9r ki v l WITNESS- -- o ..................... hands ...... this --------------- uth ........... day of L -1 4 -10 -47 20M -- -- June- - - - - -- --------- ------ 19148 - ....................................................... G Ji &--;) STATE OF CALIFORNIA, l County of... San Luis ° Obispo . ----------------------------- } ss. -- --• -- -- -- -- -- -- .. .. .......... On this...........? th ................day of................... June ------------------------------------------------- - - -•- 194 - -8- before me, .......... ................................. MCCIUY'e __._...........a Notary Public in and for said County and State, --------------------------- peisonally appeared ........ ...B ERNHARD _- _LEWIN- _and- MILDRED LEWIN known to me to be the person..ja ... described in and whose name- A ........... U!'P ----------------- subscribed to the within instrument, and acknowledged that... the ...Z.esecuted the same. WITNESS my hand and official seal the day and year in this certificate first above written. -- ------------ t.--- c' i'n'----- -------- -- - -------°--.. - -a'n" ...---- --............. Notary Public in aad for said Couaty and State. C-� .j _ m Q fn p c I O aC eD 'y W N ° mI Wii O 0 CW ° Wy IaH yy tD Q mr�i tO rrr� °v �p+r� map p O 'm aS C moo SC 7^ a t9 .O y; ° =W 'm' try � ? try 7�.- m0 ° °y °� o, " a�p W t�� tp� mW iiQ E �. o = RC7a'aOmW WS�y y WGO� MW Mg nO=- a'ct ° ti < a0 a x R. ,W 5 vo ae eaoa �. °y ,WmOW> dn�° $ W m W y m - ° m to W W W k Q W w W y 3 OM tt$; S w O° z n. A , z 0 N ca Ern H Z . K v qq n U O N U C3 a o U v' r Ga o t+ 0 I(� Ch C-� .j _ m Q fn p c I O aC eD 'y W N ° mI Wii O 0 CW ° Wy IaH yy tD Q mr�i tO rrr� °v �p+r� map p O 'm aS C moo SC 7^ a t9 .O y; ° =W 'm' try � ? try 7�.- m0 ° °y °� o, " a�p W t�� tp� mW iiQ E �. o = RC7a'aOmW WS�y y WGO� MW Mg nO=- a'ct ° ti < a0 a x R. ,W 5 vo ae eaoa �. °y ,WmOW> dn�° $ W m W y m - ° m to W W W k Q W w W y 3 OM tt$; S w O° z n. A , z 0 N ca Ern H Z . K foft, RESOLUTION NO.85(New Series). 4 ,. A RESOLUTION ACCEPTING A DEED FROM BERYARD LEWIN AND MILDRED LEWIN, h BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain de '&d. dated 194-8. Made and executed by Bernard Lewin an L'i dyed Lewin, and copveyin6 to the City of San Luis Obispo the fo'1?? wi g described real property, to -wit: Lot 33 in Block 11 of Weill' Addition to the City of San Luis Obispo, in the City of San Luis Obispo, State of California, according to map filed for record September 159 1887, in the office -of the County Recorder of said County, be and the same is hereby accepted by the City of San Luis Obispo; and the City Clerk is hereby directed to cause said deed to be recorded in the office of the County Recorder of the County of San Luis Obispo, State of California. PASSED AND ADOPTED this 7th day of September 19&_8 by the following vote: AYES: G.'..'.Baker,'!m.0.Hall, R.P.Howell,iimothy I.0'Reilly,Kline Williams NOES: Nnn P ABSE_TT : Pl0112 0 ATTEST: Mayor City Clerk, r �y � m D + i -''rm 01 b iz 1 i ;° po I a is r K1� -� p rn r. G NJ Q j O lP t% TQ LO N n -4 y co C o Or 0 ij Go �� w .0% * I NJ Q \ O P- 118 6-2047 25M j a Calilomia Load Title A.sociation Standard F. levised 6 -21 -47 ,f 'Copyright' 1947 AMOUNT S 1,000.00 PREMIUM S 20.00 (A -1) NUMBER 28671 -SLO Policy n fi a Insupanee SeWity Title lnsuPaRCe and GWanMC Company a California Corporation, herein called the Company, for a valuable consideration paid for this Policy of Title Insurance 'Does Iierebg Insure CITY OF SAN LUIS OBISPO$ 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, any federal agency or instrumentality acquiring said land under an insurance contract or guaranty insuring or guaranteeing said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding — — — — — - - - - - - - - - - - ONE THOUSAND AND 00100 - - - - - - - - - - dollars, which the insured shall sustain 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 unmarketa- bility 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 Sched- ule 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. InlflJitncss7D'h8reof, Security Title Insurance and Guarantee Company has caused its corporate name-and seal to be hereunto affixed by its duly authorized officers, this 17th day of September, 1948, at 10:10 otclock A. M. Security`iitle Insurance and Guarantee Company By President. Attest: Assistant Secretary. P- 118 -A -B -C 10 -2147 40M SCHEDULE A The title to said land is at the date hereof vested in CITY OF SAN LUIS OBISPO, a municipal corporation. 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" Lot 33 in Block 11 of Weill's 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 map filed for record September 15, 1887, in the office of the County Recorder of said County. nCrr 1. Taxes of the fiscal year 1948 -49, now a lien, but not yet due and payable. 2. A right of way and incidental purposes for a under and along a portion of the property herein with right of ingress and egress to and from the the City of San Luis Obispo, by deed dated July October 10, 1925, in Book 6 of Official Records, of said County. sewer over, through, described, together same as granted to 14, 1925, and recorded at page 309, records P.il&-DST. 10.2147 /SN The Company 1. Easements or of the county, 2. Rights or clai constructive n 3. Any facts, rig tice, but whic h thereof, or by a correct survey. 4. Mining claims, reservations in patents, water rights, claims 5. Any governmental acts or regulations restricting, regulating building or structure thereon. SCHEDULE D does not, by this policy, insure against loss by reason of: liens which are not shown by the public records (a) of the District Court of the Federal or (c) of the city, in which said land or any part thereof is situated. ms of persons in possession of said land which are not shown by those public records otice. hts, interests, or claims which are not shown by those public records which impart co could be ascertained by an inspection of said land, or by making inquiry of persons District, (b) which impart nstructive no- in possession or title to water. - , or prohibiting the occupancy or use of said land or any STIPULATIUMS 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 (d) de- fects, liens, encumbrances, or other matters 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 claim- ant 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 2. 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- CLAIMS 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. Thi 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 attorneys 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 lime, 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 5. 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 rortgage-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 he 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 Lion carried on by the insured with the written ON POLICY iuthorization 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 he demanded by any insured without pro - ducing this policy for indorsement of such payment MANNER OF 8. boss 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. DEFINITION 9. The term "land" when used herein shall be OF LAND construed to include the land herein described spe- cifically or by reference and improvements affixed thereto which by law constitute real property. WRITTEN INDORSE- 10. 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. 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