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Home My WebLink AboutD-1448 Orcutt Road Recorded 01/10/1997' RECORDING REQUESTED CL'9ESTATITLE GUARAM CO AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name City of San Luis Obispo Street 990 Palm Street Address San Luis Obispo, CA 93401 City & State Zip Title Order No. 64027 -MH Escrow No.SL64027 CTC 1 -101 (8 -93) Doc No: 1997- 001544 Rec No: 00001961 Official Records ;SLO 67.65 San Luis Obispo Co. ;NF 0.00 Julie L. Rodewald Recorder ; Jan 10, 1997 Time: 10:35 I 71 ;TOTAL 67.65 SPACE ABOVE THIS LINE FOR RECORDER'S USE F� I FEE •AO I EXEMPT I OUT OF Grant Deed STATE THE UNDERSIGNED GRANTOR(s) DECLARE(s) 67.65 DOCUMENTARY TRANSFER TAX IS $ ❑ unincorporated area ® City of San Luis Obispo Parcel No. 004 -601 -0071 & 053 - 221 -0031 PD(computed on full value of interest or property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and Marilyn J. SWR X VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Trustee of The Marilyn J. Stickler, Revocable Trust dated June 14, 1989;Gayle Kirkorian, Gerald R. Jones.and Thomas V.'Erno hereby GRANT(S) to the City of San Luis Obispo, a California chartered Municipal Corporation the following described real property in the City of San Luis Obispo county of San Luis Obispo , state. of California: (see attached Exhibit A) Dated L'4t, aB STATE VF CALIF RNIA COLINTnnY OF } S.S. On before me,C a Notary Public in an¢ for The Marilyn J. Stickler, Revocable Trust dated June 14, 1989 MArily,# J4/ Stickler, Trustee Gerald ,7 Jye�s personally known to me (or proved to me on the basis of satisfactory ayle J. K' kori n evidence) to be the personL4 whose nameKis /Aesubscribed to the within instrument and acknowledged to me that Wshe /;W executed the same in l*1her /thQirTuthorized capacity p( W, and that bypislher /tl:-#_<r PATRICIA K MEES signatureoron the instrument the persorW, or the entity upon behalf ,-, COMM. #1003307 -4 of whit rsog,Kacted, executed the instrument. NOTARY PUBLIC - CALIFORNIA WIT ESS my hand d fficial seat SAN LUIS OBISPO COUNTY My Comm. Expires Aug. 29, 1497 Signatur /�T MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State Z ¢ Z w a cr 3 a� (D O o >o d± o W w ° ° =0Uo W Q U U, U, W = Q o 0 Q U ZO¢M ~ O S w cc O wJw� cn L V ¢a0 cr V LU 0 _ Fr U � w 3 >- ¢ Z w ~w cr 3 �Z (D O p w 0 Q a W U W w ° ° =0Uo W Q W J = W a�oo 2) O (.5 Z m W J W cc 0 ¢�0 m V ¢ a ti Q�¢ 0 x c U w 3 w �Z CL W w o 0 °aa� O = W 0 V <00 O j W g O O Z i m Www cc ¢ 4 3 0 LM V ¢ ¢ w r V x � U w City Of Sall WIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the GRANT DEED dated June 14, 1996, from Marilyn J. Stickler 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: January 6, 1997 CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor ATTEST: nr�ie�L' • iyl c • A ! + 4T The'Gtyk'bf #tAn Luis Obispo is committed to include the disabled in all of its services, programs and activities. TelecommunicaTions Device for the Deaf (805) 781 -7410. SHEET 1 OF 2 EXHIBIT A R/W ACQUISITION - STICKLER TO CITY OF SAN LUIS OBISPO LEGAL DESCRIPTION Those certain portions of Parcels A and B of LLA SL 86 -026, as recorded in Volume 2959 at Page 697 of Official Records in the office of the San Luis Obispo County Recorder, State of California, and as shown on RS 53/96, lying northerly of the following described line: Beginning at the northeasterly corner of said Parcel. B; thence South O degrees 32135" East along the easterly line of said Parcel B, a distance of 22 ft, more or less, to the most easterly corner of the property described in a street widening deed recorded in Volume 3124 at Page 80, in the office of the above -said County Recorder; said point being the TRUE POINT OF BEGINNING; thence, continuing along said easterly line a dis- tance of 9 ft.; thence, South 89 degrees 34' 33" West a distance of 435 ft.; thence, South 0 degrees 32' 35" East a distance of 5 ft.; thence South 89 degrees 34' 33" West a distance of 248.26 ft., more or less, to the existing R/W line of Broad Street. EXCEPT therefrom, those portions of said Parcels A and B previously dedicated to the City of San Luis Obispo for street widening purposes. G: \... \misc \stickler.dd 1 � I I �I SETBACK LINE 1 J2 20 42 ' -R/W L--L — He N `I I� 42' 42' I 20'122' i -% PC %9 LOT 117 S 0 032'35" E NEW RIGHT -OF -WAY w PARCEL B (2959 OR 697) M 6 In M Q o Z Pr�1 r CD �v �4 0 M � r 9' NEW STREET j DEDICATION / PARCEL A 1 (2959 OR 697) Xp(v 14.00 OY T acf & ction Line / N N / N s i CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF A C(MeA& On e3o y i e- 2S,1606 before m>, E�n <,IF DATE" NAME, TITLE OF OFOICER - E.G., "JANE DOE, NOTARY PUgLIC" personally appeared, r-nck,*11IC-7y. Klr�0000 personally known to me (or proved to me on the basis of satisfactory evidence) to be the personw whose name(-6) is/a;,- subscribed to the within instrument and acknowledged to me that l�she/ they executed the same in hie/her/th& authorized capacity(jesl, and that by 4is/her/themif signature(s) on the instrument the person(M, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. r 0.2 SEAL) QhL-A�� NOTARY PLIBLI(�)IGNATLIRE Vida Hayes Edmonds I Comm. #1077115 ARY PUBLIC - CALIFORNIA ALAMECkA COUNTY 0 Comm. Ex;L Nov. B. IM 46 fflM OPTIONAL INFORMATION =91 TITLE OR TYPE OF DOCUMENT (--I V-CA DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES I -- j State of Washington County of King On G IXA4— 7 % % before me, �1 a Notary .Public in an4 for said County and State, personally appeared Gerald R. Jones personally known tv'me to 6e the person whose name is subscribed to the within Grant Deed and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Grant Deed the person, or the entity upon behalf of which the person acted, executed the document. WITNESS my hand a ficial seal Signaturel/� SHARON A. WEBB STATE OF WASHINGTON NOTARY PUBLIC My COMMISSION EXPIRES 5 -01-00 MID -STATE BANK Cti_.FORNIA ALL- PURPOSE ACKNOWLED, , SENT State of County of '�'i 9 On before me, , personally appeared Vtle Na , Title of Officer (eBoe, Notary Public) ,[Lj- personally known to me - OR - [ ] proved to me on the Name(s) of Signer(s) ' basis of satisfactory evidence to be the persotgsf whose nameX is /pwrel' subscribed to the within instrument and acknowledged to me that he /shc 4key executed the same in his /l="hci4� authorized capaci%y , and that by his /herhtfeir signature(s) on the instrument the personks), or the entity upon behalf of which the person acted, PATRICIA K MEES L executed the instument. COMM. #1003307 ;j L NOTARY PUBUC • CALIFOMM C SAN LUS OBISPO COUICY My Comm. Expires Aug. 2% ls! WITNESS my hand and official seal. 3;zgnature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAMIED BY SIGNER (PRINCIPAL) [ ] Individual [ ] Corporate Officer Title(s) [ ] Partner(s) [ ] Limited [ ] General [ ] Attorney -in -Fact [ ] Trustee(s) [ ] Guardian/Conservator [ ] Other: Absent Signer (Principal) is Representing: Name of Person (s) or Entity(s) ADM -005 (08/94) END OF DOCUMEM7 DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Names Above City of San Luis Obispo Supervising Civil Engineer 955 Morro Street San Luis Obispo, CA 93401 Att: Gerald W. Kenney v I.� w Date: February 28, 1997 Escrow No. SL- 64027 -MGS RE: 9 Foot right of Way on Orcutt Road San Luis Obispo, CA 93401 We enclose herewith the following in connection with the above numbered escrow: Original Owners Policy of Title Insurance, issued under Order No. 64027. Please be sure to retain for your records. File with important documents. We appreciate having had this opportunity to be of service to you. Sincerely, UESTA TITLE CO Y Martha G. Sohacki Business Sale Specialist ID CITY QL§RK 733 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93401 BALI LUIS Oftl?0, CA P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406 (805) 544 -1860 a FAX: (805) 541 -1769 CLTA STANDARD COVERAGE POLICY - 1990 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1- 800 - 729 -1902. If you make a claim under your policy, you must furnish written notice in accordance with SP, +ion 3 of the Conditions and -Stipulations. Visit our World -Wide Web site at: http: / /www.stewE ` POLICY OF TITLE INSURANCE ISSUED BY S T EWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the 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 the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; -- and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The 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; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. STENVART TITLE Chairman o the Boar Countersigned by: Authorized Signatory CUESTA TITLE COMPANY Company SAN LUIS OBISPO, CA —City, State 151 (Rev. 1- 19 -91) GUARANTY COMPANY . 01" Y 3 ?�.2`ORPOg4T�g2". %7 �, 1908 0\ se9alNo.CNJP -1597- 3989601 Policy President IL o 6w6allo uolpo }o sasno) pa4ols asoyl of so Aluo 4nq 'paJnsul so lsaJalul J0 al}Il 64l of asJaApD wloh o slJasso /pod pJl4l Auo pr uoi4o614!1 ul paJnsul y)ns }o asua}ap ay} Jo} apinad Iloys 'Aolap algouoso lopm puo 4so7 umo s1j 4o 'Auodwo:) ay; 'suo14o1ndl4S puo suol4lpuo:) asay; f,, y UOlpas w pauloluo:) suolldo aye of pal gns puo paJnsui uo Aq lsanbei ua44lJm uodp (o) '31Va3d00D Ol 1NVWIV13 a3anSNl d0 Aina 'SNOIDY 00 NOI1nnsoad aNV 3SN3d3a 'b a�ipnlaJd aye 10 4ualxa 94l of AJU0 uayl puo aJnliO A } ay; g pa:)ipnlaJd ag IlOys Auodwo:) a4l ssalun hilod s144 Japun paJnsw Auo }o s1461J aye a)ipnlaJd as0) ou Ul I104S AUDdwo) aye Appu o4 aJnl!o} joy 'JaAam04 'papinoud 'paJlnbaJ si a)i4ou ldwoJd 4)l4m Jo} sJa44Ow Jo Ja4Ow aye 04 pJO6aJ PM aloulwJal 11045 Auodwo:) aye }o Aq!goil Ilo paJnsul loyl 04 so uayl 'Auodwo) aye o4 uaAl6 aq 1ou IlOys aD11ou ldwoJd }I 'al9DI91JOwun so papalaJ sl 'paJnsul so 'a6064JOUJ paJnsul aye }o uall a4l Jo lsaJalul Jo alolsa a44 04 aµ14 }! 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POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE PREMIUM 1. Name of Insured: CT- 64027 -MDH CNJP -1597- 398960 JANUARY 10, 1997 at 08:00 AM $61,500.00 $466.00 CITY OF SAN LUIS OBISPO A CALIFORNIA CHARTERED MUNICIPAL CORPORATION 2. The estate or interest in the land is vested in: RIGHT OF WAY 3. Title to the estate or interest in the land is vested in: CITY OF SAN LUIS OBISPO, A CALIFORNIA CHARTERED MUNICIPAL CORPORATION 4. The land referred to in this policy is described in Schedule C attached hereto and trade a part hereof: This Policy valid only if Schedule B is Attached. SCHEDULE B CUESTA TITLE COMPANY POLICY NUMBER: CNJP- 1597- 398960 This policy does not insure against loss or damage nor against costs, attorney's fees or expenses, any or all of which arise by reason of the following: 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 by 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 exception in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. PART Ii SEE FOLLOWING PAGE CUESTA TITLE COMPANY SCHEDULE B CONTINUED POLICY NUMBER: CNJP- 1597- 398960 1. GENERAL AND SPECIAL CITY AND /OR COUNTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED WHICH ARE A LIEN NOT YET PAYABLE. FISCAL YEAR 1997 - 1998. 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. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO SAN LUIS OBISPO AND SANTA MARIA VALLEY RAILROAD COMPANY, A CORPORATION PURPOSE RAILROAD RECORDED SEPTEMBER 8, 1882 IN BOOK 0, PAGE 491 OF DEEDS AFFECTS A PORTION OF SAID LAND NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. NOTE:THE INTEREST OF THE SAN LUIS OBISPO AND SANTA MARIA RAILROAD COMPANY MERGED INTO THE PACIFIC COAST RAILROAD COMPANY AS DISCLOSED BY AN AGREEMENT DATED SEPTEMBER 18, 1882 AND RECORDED OCTOBER 3, 1882 IN BOOK 0, PAGE 544 OF DEEDS. NOTE:AN UNRECORDED AGREEMENT DATED JULY 8, 1904 EXECUTED BY AND BETWEEN PACIFIC COAST RAILWAY COMPANY, A CORPORATION, FIRST PARTY AND UNION OIL COMPANY OF CALIFORNIA, A CORPORATION, SECOND PARTY AS DISCLOSED BY DOCUMENT RECORDED JULY 20, 1906 IN BOOK 70, PAGE 385 OF DEEDS, AS TO PARCEL 1 HEREIN DESCRIBED. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO UNION OIL COMPANY OF CALIFORNIA, A CORPORATION PURPOSE PIPE LINES RECORDED JULY 20, 1906 IN BOOK 70, PAGE 385 OF DEEDS AFFECTS . THAT PORTION OF THE RIGHT OF WAY FOR THE RAILROAD BED OF THE RAILWAY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. AS TO PARCEL 1 HEREIN DESCRIBED. CUESTA TITLE COMPANY POLICY NUMBER: CNJP- 1597- 398960 (ITEM NO. 4 CONTINUED) NOTE:AN INSTRUMENT DATED MARCH 12, 1938 RECORDED APRIL 27, 1938 IN BOOK 236, PAGE 259 RECORDED, EXECUTED BY PACIFIC COAST RAILWAY COMPANY, A CORPORATION, TO MODIFY THE TERMS OF SAID INSTRUMENT AS THEREIN PROVIDED, AFFECTS PARCEL 1 HEREIN DESCRIBED. NOTE:AN INSTRUMENT DATED FEBRUARY 28, 1941 RECORDED APRIL 16, 1941 IN BOOK 294, PAGE 268 OF OFFICIAL RECORDS EXECUTED BY PACIFIC COAST RAILWAY COMPANY, A CORPORATION TO UNION OIL COMPANY OF CALIFORNIA, A CORPORATION, TO CLARIFY AND REAFFIRM THE RIGHTS IN THE UNION OIL COMPANY, AFFECTS PARCEL 1 HEREIN DESCRIBED. 5. AN RECORDED AGREEMENT DATED MAY 31, 1928 WHEREBY ERNEST VOLLMER IS PERMITTED AND AUTHORIZED TO CONSTRUCT, LAY, OPERATE, MAINTAIN, AND REMOVE A WATER PIPE LINE ALONG THE RIGHT OF WAY AS DISCLOSED BY ASSIGNMENT EXECUTED BY PACIFIC COAST RAILWAY COMPANY TO ALPHONZO E. BELL, ET AL., RECORDED MAY 17, 1943 IN BOOK 338, PAGE 107 OF OFFICIAL RECORDS. NOTE:AN ASSIGNMENT DATED APRIL 2, 1946 EXECUTED BY JOS. H. GILLILAND AND RUBY MARIE GILLILAND, HIS WIFE, AND WM. F. LYTE AND NORMA PENDELTON LYTE, HIS WIFE, TO ALPHONZO E. BELL, AS TO A 2/3 INTEREST AND TO ELTON V. TOGNAZZINI AS TO A 1/3 INTEREST, IN AND TO SAID ASSIGNMENT WAS RECORDED JANUARY 4, 1947 IN BOOK 427, PAGE 199 OF OFFICIAL RECORDS. 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE EITHER OR BOTH UNDERGROUND LINES AND CONDUITS RECORDED JULY 13, 1948 IN BOOK 484, PAGE 119 OF OFFICIAL RECORDS AFFECTS . A PORTION OF SAID LAND NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. CUESTA TITLE COMPANY POLICY NUMBER: CNJP- 1597- 398960 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, A CORPORATION PURPOSE RIGHT OF WAY FOR GAS PIPES RECORDED JULY 29, 1953 IN BOOK 720, PAGE 185 OF OFFICIAL RECORDS AFFECTS THE NORTHEASTERLY 15 FEET OF SAID LAND NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. AS TO PARCEL 1 HEREIN DESCRIBED. 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO CITY OF SAN LUIS OBISPO PURPOSE PUBLIC SANITARY SEWER LINE RECORDED FEBRUARY 13, 1964 IN BOOK 1274, PAGE 365 OF OFFICIAL RECORDS AFFECTS A PORTION OF SAID LAND NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. AS TO PARCEL 2 HEREIN DESCRIBED. 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO CITY OF SAN LUIS OBISPO PURPOSE PUBLIC SANITARY SEWER LINE RECORDED FEBRUARY 13, 1964 IN BOOK 1283, PAGE 656 OF OFFICIAL RECORDS AFFECTS A PORTION OF SAID LAND NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. CUESTA TITLE COMPANY POLICY NUMBER: CNJP- 1597- 398960 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO CITY OF SAN LUIS OBISPO PURPOSE SANITARY SEWERS RECORDED JULY 21, 1976 IN BOOK 1910, PAGE 957 OF OFFICIAL RECORDS AFFECTS A PORTION OF SAID LAND NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. 11. THE CONDITION AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1987 IN BOOK 2959, PAGE 700 OF OFFICIAL RECORDS, WHICH STATES THE PARCEL CANNOT BE SOLD IN UNITS OTHER THAN AS DESCRIBED THEREIN, WITHOUT FIRST HAVING COMPLIED WITH ALL REQUIREMENTS OF THE STATE SUBDIVISION MAP ACT AND THE COUNTY'S SUBDIVISION AND LOT DIVISION ORDINANCES. 12. SUCH RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF A CREEK. 13. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT DESCRIBED; RECORDED JUNE 28, 1991 AS INSTRUMENT NO. 37473 IN BOOK 3715, PAGE 588 OF OFFICIAL RECORDS END OF SCHEDULE B SCHEDULE C THOSE CERTAIN PORTIONS OF PARCELS A AND B OF LLA SL 86 -026, AS RECORDED IN VOLUME 2959 AT PAGE 697 OF OFFICIAL RECORDS, IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND AS SHOWN ON RS 53/96, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL B; THENCE SOUTH 0 032'35" EAST ALONG THE EASTERLY LINE OF SAID PARCEL B, A DISTANCE OF 22 FEET, MORE OR LESS, TO THE MOST EASTERLY CORNER OF THE PROPERTY DESCRIBEJ)`IN A STREET WIDENING DEED RECORDED IN VOLUME 3124 AT PAGE 80 IN THE OFFICE OF THE ABOVE - SAID COUNTY RECORDER; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE A DISTANCE OF 9 FEET; THENCE, SOUTH 89 034'33" WEST A DISTANCE OF 435 FEET; THENCE, SOUTH 0 032'35" EAST A DISTANCE OF 5 FEET; THENCE SOUTH 89 034'33" WEST A DISTANCE 248.26 FEET, MORE OR LESS, TO THE EXISTING R/W LINE OF BROAD STREET. EXCEPT THEREFROM, THOSE PORTIONS OF SAID PARCELS A AND B PREVIOUSLY DEDICATED TO THE CITY OF SAN LUIS OBISPO FOR STREET WIDENING PURPOSES. END OF SCHEDULE C o �, n En m -< N O � 01 to � D � o Z c co C N 7C' Q C) FJD O � � C) O O O C) °y i �J cG IN rAl 2 O? / a. tS7• i'y Z X � /� \• 249..,6J W ; m 0 Y ° e m ----------------- Y N / mi aaa.e m i 213.44 4 • " V 4" rd • N U- \N�A NCNB 1 V 2 A V m () Na � Q V L a� p CD 4 i �� t • tN � A�1 Ql ia. O 0� e• a e , �'7 I + rn m N � � "a N It in O p $66wt Co Ce 2' C is O � D 1 Z n rA N S� N ' y W A N 3 IU I i N r �a n �1 �a I 2 C) LT 0 o C ? 13 ro o O a N C Q 4 4 m =A 2 m O = p Q j � D C 'U rTn W 1 �_ Ln A -4 m � O a Z A 2 -i m m N - N �t�p\ r ° \J ` o �, n En m -< N O � 01 to � D � o Z c co C N 7C' Q C) FJD O � � C) O O O C) °y i �J cG IN rAl 2 O? / a. tS7• i'y Z X � /� \• 249..,6J W ; m 0 Y ° e m ----------------- Y N / mi aaa.e m i 213.44 4 • " V 4" rd • N U- \N�A NCNB 1 V 2 A V m () Na � Q V L a� p CD 4 i �� t • tN � A�1 Ql ia. O 0� e• a e , �'7 I + rn m N � � "a N It in O p $66wt Co Ce 2' C is O � D 1 Z n rA N S� N ' y W A N 3 IU I i N r �a n �1 9 Vmm �V q GROG O cs C f � y � 03 O O y 1f r i O y D = z N m GROG O cs f � y � 03 y 1f i O y D C0 N m W y 3 � m z Z -' r H C a N Z �? o W c cn D O O „ O CA O °O N C Z z 77 p C 6� 00 rn i i IFll a mm� .�oTa Quo 5 Q30 O p a N " 10�Vi to Cn 4- i X 0 O w D a D z n x v U� Z 0 W N N CONDITIONS AND STIPULATIONS Continued (continued from reverse side of Policy Face) defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and 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, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this polity. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting set- tlement, and (ii) in any other lawful 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. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company s obligations to such insured under the policy shall terminate, including any liabil- ity or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Con- ditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The 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 shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit an examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably per- tain to the loss or damage. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cus- tody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless Prohibited by law or governmental regulation, shall termi- nate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Pur- chase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case lossror damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in para- graph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the. Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to Pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipula- tions, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to on insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. i (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmorketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. editions and stipolIlatio_ns;continued and concluded � 1 i (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (a) All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of insurance pro tonto. How- ever, as to an insured lender, any payments made prior to the acquisition, of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tonto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured there- by, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance.stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and 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 to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be mode without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have re- covered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair ment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal lia- bility of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section I (a) (ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured aris- ing out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbi- trated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) 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 by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a 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. 15. SEVERABILITY. In the event any provision. of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy.