HomeMy WebLinkAboutD-1462 Part Of Apn 02-491-02 And All Of 73- 351-16 Recorded 07/17/1997RECORDING REQUESTED BY
First American Title Ins. Co.
AND WHEN RECORDED MAIL TO:
CITY OF SAN LUIS OBISPO
Attn: Neil Havlik - Natural Resources Mgr.
990 Palm Street
San Luis Obispo
A.P.N.: 02- 272 -03, 08, 02491 -02, Order No.
73- 351 -13 & 16
Doc No: 1997 - 035790
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Jul 10, 1997
Time: 08:00
Rec No: 00046504
SLO 1,045.00
NF 0.00
[ 6]
;TOTAL 1,045.00
�pxce Aoove in me ror xeeorder's Use Only
PB- 918202 -YMH Escrow No.: 918202 -YMH
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $1,045.00
[ X ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or 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,
V. J. MAINO, a Married Man and DR. CHARLES RUNSTON MAINO, TRUSTEE OF THE MAINO FAMILY
TRUST, DATED NOVEMBER 25, 1992
hereby GRANT(S) to CITY OF SAN LUIS OBISPO, A CALIFORNIA CHARTER MUNICIPAL CORPORATION
OF THE STATE OF CALIFORNIA
the real property in the [ X ] City of @SAN LUIS OBISPO, or [ ] Unincorporated Area of the, County of San Luis
Obispo , State of California, described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
FILED -F'= i'r' I•'`3 E�':.0.4 CUT OF
V . J I , -ATE
y
DR. CHARLES RUNSTON MAINO, TRUSTEE OF
THE MAINO FAMILY TRUST, DATED
NOVEMBER 25, 1992
By ,, ��✓
)/DR. CriARLESR6IOSTON MAI STEE
Mail Tax Statements to: SAME AS RETURN ADDRESS ABOVE or Address Noted Below
p146"-
A.P.N.: 02- 272 -03, 08, 02- 491 - 02,73- 351 -13 & 16
Document Date:
JULY 8, 1997
STATE OF CALIFORNIA )SS
COUNTY OF SAN LUIS OBISPO )
On JULY 8, 1997 before me, KAREN ANDREWS
personally appeared V J MAINO AND DR CHARLES RUNSTON MATN0
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) J /are subscribed to the within
instrument and acknowledged to me that 4 /sloe /they executed the same in ly's /hi(r/their authorized capacity(ies) and that by his/gr /their signature(s) on
the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official )seal.
Signature
KAREN ANDREWS
Y` COMM. #1466829 �
Notary Public- Caf;�orn:a '0
Sao Luis Obispo Co!�nty t�i
My Comm. Exp. Aug. 22, Y1999 B
SLO- 918202 YH
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1: A Portion of 02- 491 -02 and all of 73- 351 -16
That portion of the North half of Section 34, Township 30 South, Range 12 East, Mount Diablo
Meridian, partly in the City of San Luis Obispo, in the County of San Luis Obispo, State of
California, according to the Official Plat of the survey of said land on file in the Bureau of Land
Management , described as follows:
Beginning at the Northeast comer of the Northwest quarter of said Section 34; thence South
89 045' West along the North line of said Section, 396 feet; thence South 24 °48' East, 1839.42
feet; thence North 83 °20' East, 133.3 feet; thence North 40 028' East, 280.5 feet; thence South
50 °00' East, 1140.0 feet to a point in the center line of Stenner Creek; thence Northeasterly
along the meandering center line of said creek to its intersection with the Southwesterly line of
"Brizzolara Addition to the City of San Luis Obispo" as per Map recorded in Book A, Page 45
of maps; thence North 71030' West along said Southwesterly line of Brizzolara Addition, 538
feet, more or less, to the Southwesterly comer of Lot 6 of said Addition; thence Northerly along
the Westerly line of said Addition, 877.66 feet, more or less, to the North line of said Section
34; thence South 89 °45' West along said North line of said Section, 1270 feet to the point of
beginning.
EXCEPT THEREFROM all that portion thereof lying Easterly of the Westerly line of the
California State Highway No. 101, as said Freeway existed as of January 1, 1956.
Said land is also shown upon a Map entitled "Linda Vista Addition to the City of San Luis
Obispo" recorded in Book 3, Page 5 of Maps, in the office of the County Recorder of said
County.
PARCEL 2: A portion of 02- 491 -02
That portion of Lots 3,4,5 and 6 of "Brizzolara Addition to the City of San Luis Obispo" in the
City of San Luis Obispo, in the County of San Luis Obispo, State of California, as per Map
thereof recorded in Book A, Page 45 of Maps, in the office of the County Recorder of said
County, described as follows:
Beginning at a point on the Northerly boundary line of the land described in the Deed to Frank
J. Cheda recorded in Book 116, Page 82 of Deeds, distant along said line North 83153' West,
216.61 feet from a point described in the above said Deed as "a Stake marked 'B2 "'; thence (1)
along said Northerly boundary line, North 83 °53' feet, 461.21 feet to the Northwesterly corner
of said Parcel, said comer being that point described as Parcel 2 of said Deed as "a post marked
PAGE 1 OF 3
C
EXHIBIT "A"
LEGAL DESCRIPTION
SLO- 918202 YH
"B12 "; thence (2) along the Westerly boundary line of above said Parcel 2, said line being also
the Westerly boundary line of said Brizzolara's Addition, South 0 053' East, 118.14 feet to a
point described in said parcel 2 as "a point marked 'B4'; thence (3) along the Westerly
boundary line of Parcel 1 of said Deed, said line being the said Westerly boundary line of
Brizzolara's Addition, continuing South 0 053; East, 805.20 feet to the Southwesterly corner of
said Parcel 1 as "a stake marked 'B5 "'; thence (4) along the Southerly boundary line of said
parcel 1 and of said Addition, South 70 °53' East, 176.80 feet to a point on the course numbered
"(9)" in the Deed to the State of California, from C.A. Maine, dated December 30, 1947 and
recorded in Book 471, Page 209 of Official Records, distant along said course South 15 009'
West, 27.64 feet from the Northerly terminus thereof; thence (5) North 15'09' East, 428.41
feet; thence (6) tangent to last said course along a curve to the right with a radius of 6,140 feet
through an angle of 5 °04'48" for a distance of 544.39 feet to the point of beginning.
PARCEL 3: All of 02- 272 -03 and all of 73- 351 -13
That portion of the Southwest quarter of the Southeast quarter of Section 27, Township 30
South, Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo, in the County
of San Luis Obispo, State of California, according to the Official Plat of the Survey of said land
on file in the Bureau of Land management, described as follows:
Beginning at the Southwest comer of said Southwest quarter of the Southeast quarter; thence
East along the South line of said Section, 975.00 feet; thence at right angles North 60.00 feet;
thence Northwesterly in a direct line to a point in the West line of said Southwest quarter of the
Southeast quarter that is distant thereon North 975.00 feet from the point of beginning; thence
South along said West line of said Southwest quarter of the Southeast quarter, 975.00 feet to the
point of beginning.
PARCEL 4: All of 02- 272 -08
That portion of Lots 2 and 3
County of San Luis Obispo,
1879, in Book A, Page 45
described as follows:
of Brizzolara's Addition, in the City of San Luis Obispo, in the
State of California, according to the Map recorded November 1,
)f maps, in the office of the County Recorder of said County,
Beginning at the Northwest corner of Lot 1 of Brizzolara's Addition; thence running along the
North line of said Lot, South 89 °34'20" East, 724.44 feet to the most Westerly corner of the
land described in the Deed to the State of California recorded July 26, 1952 in Book 667, Page
371 of Official Records; thence running along the Westerly line of the California State Highway
No. 101, as it existed in April 1958, South 21'30'49" West, 304.54 feet to the true point of
beginning; thence continuing along said Westerly line, South 21 °30'49" West, 387.21 feet to
PAGE 2 OF 3
A. Al k:
EXHIBIT "A"
LEGAL DESCRIPTION
SLO- 918202 YH
the beginning of a curve to the left; thence continuing along said Westerly line on a curve to the
left, with a radius of 6140 feet through an angle of 0 °08'12" for a distance of 14.64 feet to the
Northeast corner of the land conveyed to C. A. Maino, et ux., by Deed recorded April 22, 1952
in Book 655, Page 29 of Official Records; thence running along the-Northerly line of said land,
North 83 °53' West, 460.43 feet to the West line of Lot 3; thence running along the west line
of lot 3 and 2, North 0 °43'59" West, 329.48 feet to the Southwest corner of the land conveyed
to Edison A. French, et ux., by Deed recorded June 6, 1958 in Book 943, Page 335 of Official
Records; thence running along the South line of said land, South 89 °34'20" East, 609.12 feet
to the true point of beginning.
Said land is also shown on Map recorded April 8, 1958 in Book 8, Page 103 of Records of
Surveys.
Y
PAGE 3 OF 3
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed
JULY 8 1997
dated from V.J. Maino and Dr. Charles Runston Maino, Trustee
of the Maino Family Trust 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. July 8, 1997
CITY OF SAN LUIS OBISP
Allen K. Settle, Mayor
ATTEST:
�y
onnie L. Ga
WYCity /erkl
• ; :..
.� • a k L af.� �,�
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410.
END OF DOCUMENT
Form No. 1402.92
(10/17/92)
ALTA Owner's Policy
J
POLICY OF TITLE INSURANCE
5� AN1 ER/
C•
`I 2
ISSUED BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
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.
The Company will also pay the costs, attorneys, fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
First American Title Insurance Company,,
BY YIZ414—)�fj
9 138 �F ATTEST
.I
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SLO- 918202 YH
lP%
Form No. 1402.92
(10- 17 -92)
ALTA Owner's Policy
END. None
SCHEDULE A
Premium $2.517.00
Amount of Insurance: $950,000.00
Date of Policy: July 10, 1997 at 8:00 a.m.
1. Name of insured:
CITY OF SAN LUIS OBISPO, A CALIFORNIA CHARTER MUNICIPAL CORPORATION
OF THE STATE OF CALIFORNIA
2. The estate or interest in the land which is covered by this Policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
CITY OF SAN LUIS OBISPO, A CALIFORNIA CHARTER MUNICIPAL
CORPORATION OF THE STATE OF CALIFORNIA
S C V N1 E R
♦� C y "
Form No. 1402 -C
ALTA Standard Policy
Western Region
SCHEDULE B
EXCEPTIONS FROM COVERAGE
SLO- 918202 YH
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
Part One:
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 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) of (c) are shown by the public records.
Part Two:
1. Taxes for the fiscal year 1997 -98, a lien not yet due or payable.
2. "The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter
3.5 Revenue and Taxation Code, Section 75, et. seq. arising and attaching on or after date of
policy. "
SLO- 918202 YH
Form No. 1402 -C
ALTA Standard Policy
Western Region
3. A Map recorded October 1902 in Book 1, Page 60 of Record of Surveys, in the Office
of the County Recorder of San Luis Obispo County, California, purporting to show the herein
described and other land.
4. A waiver in favor of the State of California of any claim for damages to said land by
reason of the location, construction, landscaping and maintenance of a highway /freeway
contiguous thereto, as contained in the deed from C.A. Maino and Kay R, Maino, husband and
wife recorded March 24, 1952 in Book 650, Page 454 of Official Records. Affects Parcel 1.
5. The fact that the ownership of said land does not include any rights of ingress or egress
to or from a portion of said land, said rights having been relinquished by a deed from C.A.
Maino and Kay R. Maino to the State of California recorded March 24, 1952 in Book 650, Page
454 of Official Records. Affects Parcel 1.
6. A waiver in favor of the State of California of any claim for damages to said land by
reason of the location, construction, landscaping and maintenance of a highway /freeway
contiguous thereto, as contained in the deed from Frank J. Cheda, a widower, Ralph Cheda and
Mildred Cheda, husband and wife; Charles L. Smith, also known as Chas. L. Smith and Eleanor
M. Smith, husband and wife; and Harry McKeen and Evelyn McKeen, husband and wife
recorded November 5, 1951 in Book 633, Page 452 of Official Records. Affects Parcel 2.
7. The fact that the ownership of said land does not include any rights of ingress or egress
to or from a portion of said land, said rights having been relinquished by a deed from Frank J.
Cheda, a widower, Ralph Cheda and Mildred Cheda, husband and wife; Charles L. Smith, also
known as Chas. L. Smith and Eleanor M. Smith, husband and wife; and Harry McKeen and
Evelyn McKeen, husband and wife to the State of California recorded November 5, 1951 in
Book 633, Page 452 of Official Records. Affects Parcel 2.
8. The fact that the ownership of said land does not include any rights of ingress or egress
to or from a portion of said land, said rights having been relinquished by a deed from C.A.
Maino and Kay R. Maino, husband and wife as joint tenants to the State of California recorded
in Book 655, Page 29 of Official Records. Affects Parcel 2.
9. A waiver in favor of the State of California of any claim for damages to said land by
reason of the location, construction, landscaping and maintenance of a highway /freeway
contiguous thereto, as contained in the deed from G.W. Baker and Lola S. Baker, husband and
wife recorded July 26, 1952 in Book 667, Page 371 of Official Records. Affects Parcel 4.
5� A R �
c
yb' SLO- 918202 YH
�y
Form No. 1402 -C
ALTA Standard Policy
Western Region
10. The fact that the ownership of said land does not include any rights of ingress or egress
to or from a portion of said land, said rights having been relinquished by a deed from G.W.
Baker and Lola S. Baker to the State of California recorded July 26, 1952 in Book 667, Page
371 of Official Records. Affects Parcel 4.
11. An easement for right of way for pipe lines, pole lines, crossarms, conduits, guy wires,
anchors and appurtenances and incidental purposes in favor of Frederika F. Woodbridge, a
married woman as her separate property, recorded January 4, 1956 in Book 831, Page 254 of
Official Records, affects Parcels 2 and 5.
12. A Map recorded February 15, 1956 in Book 7, Page 119 of Record of Surveys, in the
Office of the County Recorder of San Luis Obispo County, California, purporting to show the
herein described and other land.
13. The fact that the ownership of said land does not include any rights of ingress or egress
to or from a portion of said land, said rights having been relinquished by a deed from C.A.
Maino to the State of California recorded April 10, 1958 in Book 935, Page 488 of Official
Records. Affects Parcel 4.
14. A Map recorded April 8, 1958 in Book 8, Page 103 of Record of Surveys, in the Office
of the County Recorder of San Luis Obispo County, California, purporting to show the herein
described and other land.
15. A Map recorded May 21, 1958 in Book 8, Page 110 of Record of Surveys, in the Office
of the County Recorder of San Luis Obispo County, California, purporting to show the herein
described and other land.
16. A pipeline as shown on the above mentioned Record of Survey in Item No. 17.
17. A Map recorded May 1, 1962 in Book 12, Page 37 of Record of Surveys, in the Office
of the County Recorder of San Luis Obispo County, California, purporting to show the herein
described and other land.
18. An easement for conservation and incidental purposes over said land as granted to Land
Conservancy of San Luis Obispo, a non - profit Calfiornia corporation in the deed executed by
V.J. Maino and Dr. Charles Runston Maino, Trustee of the Maino Family Trust and recorded
July 9, 1997 as Instrument No. 1997 - 035631 of Official Records.
5� a'htE
41��
SLO- 918202 YH
Form No. 1402 -C
ALTA Standard Policy
Western Region
19. A Deed Agreement executed by V.J. Maino and Dr. Charles Runston Maino, Trustee
of the Maino Family Trust and the Land Conservancy of San Luis Obispo, a non - profit
California corporation recorded July 9, 1997 as Instrument No. 1997 - 035631 of Official
Records, and the terms and provisions as contained therein. Reference being made to the record
thereof for further particulars.
5� VMEki
C
♦� 7
e:
Form No. 1402 -C
ALTA Standard Policy
Western Region
SCHEDULE C
SLO- 918202 YH
The land referred to in this policy is situated in the State of California, County of San Luis
Obispo, and is described as follows:
PARCEL 1: A Portion of 02- 491 -02 and all of 73- 351 -16
That portion of the North half of Section 34, Township 30 South, Range 12 East, Mount Diablo
Meridian, partly in the City of San Luis Obispo, in the County of San Luis Obispo, State of -
California, according to the Official Plat of the survey of said land on file in the Bureau of Land
Management , described as follows:
Beginning at the Northeast corner of the Northwest quarter of said Section 34; thence South
89 °45' West along the North line of said Section, 396 feet; thence South 24 °48' East, 1839.42
feet; thence North 83 °20' East, 133.3 feet; thence North 40 °28' East, 280.5 feet; thence South
50 000' East, 1140.0 feet to a point in the center line of Stenner Creek; thence Northeasterly
along the meandering center line of said creek to its intersection with the Southwesterly line of
"Brizzolara Addition to the City of San Luis Obispo" as per Map recorded in Book A, Page 45
of maps; thence North 71'30' West along said Southwesterly line of Brizzolara Addition, 538
feet, more or less, to the Southwesterly corner of Lot 6 of said Addition; thence Northerly along
the Westerly line of said Addition, 877.66 feet, more or less, to the North line of said Section
34; thence South 89 °45' West along said North line of said Section, 1270 feet to the point of
beginning.
EXCEPT THEREFROM all that portion thereof lying Easterly of the Westerly line of the
California State Highway No. 101, as said Freeway existed as of January 1, 1956.
Said land is also shown upon a Map entitled "Linda Vista Addition to the City of San Luis
Obispo" recorded in Book 3, Page 5 of Maps, in the office of the County Recorder of said
County.
PARCEL 2: A portion of 02- 491 -02
That portion of Lots 3,4,5 and 6 of "Brizzolara Addition to the City of San Luis Obispo" in the
City of San Luis Obispo, in the County of San Luis Obispo, State of California, as per Map
thereof recorded in Book A, Page 45 of Maps, in the office of the County Recorder of said
County, described as follows:
A ntER
4.
SLO- 918202 YH
Form No. 1402 -C
ALTA Standard Policy
Western Region
Beginning at a point on the Northerly boundary line of the land described in the Deed to Frank
J. Cheda recorded in Book 116, Page 82 of Deeds, distant along said line North 83'53' West,
216.61 feet from a point described in the above said Deed as "a Stake marked 'B2 "'; thence (1)
along said Northerly boundary line, North 83'53' feet, 461.21 feet to the Northwesterly corner
of said Parcel, said corner being that point described as Parcel 2 of said Deed as "a post marked
"B12 "; thence (2) along the Westerly boundary line of above said Parcel 2, said line being also
the Westerly boundary line of said Brizzolara's Addition, South 0 °53' East, 118.14 feet to a
point described in said parcel 2 as "a point marked 'B4'; thence (3) along the Westerly
boundary line of Parcel 1 of said Deed, said line being the said Westerly boundary line of
Brizzolara's Addition, continuing South 0 °53; East, 805.20 feet to the Southwesterly corner of
said Parcel 1 as "a stake marked 'B5 "'; thence (4) along the Southerly boundary line of said
parcel 1 and of said Addition, South 70 °53' East, 176.80 feet to a point on the course numbered
"(9)" in the Deed to the State of California, from C.A. Maine, dated December 30, 1947 and
recorded in Book 471, Page 209 of Official Records, distant along said course South 15'09'
West, 27.64 feet from the Northerly terminus thereof; thence (5) North 15009' East, 428.41
feet; thence (6) tangent to last said course along a curve to the right with a radius of 6,140 feet
through an angle of 5'04'48" for a distance of 544.39 feet to the point of beginning.
PARCEL 3: All of 02- 272 -03 and all of 73- 351 -13
That portion of the Southwest quarter of the Southeast quarter of Section 27, Township 30
South, Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo, in the County
of San Luis Obispo, State of California, according to the Official Plat of the Survey of said land
on file in the Bureau of Land management, described as follows:
Beginning at the Southwest comer of said Southwest quarter of the Southeast quarter; thence
East along the South line of said Section, 975.00 feet; thence at right angles North 60.00 feet;
thence Northwesterly in a direct line to a point in the West line of said Southwest quarter of the
Southeast quarter that is distant thereon North 975.00 feet from the point of beginning; thence
South along said West line of said Southwest quarter of the Southeast quarter, 975.00 feet to the
point of beginning.
PARCEL 4: All of 02- 272 -08
That portion of Lots 2 and 3 of Brizzolara's Addition, in the City of San Luis Obispo, in the
County of San Luis Obispo, State of California, according to the Map recorded November 1,
1879, in Book A, Page 45 of maps, in the office of the County Recorder of said County,
described as follows:
S C X E k e
C
SLO- 918202 YH
Form No. 1402 -C
ALTA Standard Policy
Western Region
Beginning at the Northwest corner of Lot 1 of Brizzolara's Addition; thence running along the
North line of said Lot, South 89 °34'20" East, 724.44 feet to the most Westerly corner of the
land described in the Deed to the State of California recorded July 26, 1952 in Book 667, Page
371 of Official Records; thence running along the Westerly line of the California State Highway
No. 101, as it existed in April 1958, South 21 °30'49" West, 304.54 feet to the true point of
beginning; thence continuing along said Westerly line, South 21 °30'49" West, 387.21 feet to
the beginning of a curve to the left; thence continuing along said Westerly line on a curve to the
left, with a radius of 6140 feet through an angle of 0'08'12" for a distance of 14.64 feet to the
Northeast corner of the land conveyed to C. A. Maino, et ux., by Deed recorded April 22, 1952
in Book 655, Page 29 of Official Records; thence running along the Northerly line of said land,
North 83 °53' West, 460.43 feet to the West line of Lot 3; thence running along the west line
of lot 3 and 2, North 0 °43'59" West, 329.48 feet to the Southwest corner of the land conveyed
to Edison A. French, et ux., by Deed recorded June 6, 1958 in Book 943, Page 335 of Official
Records; thence running along the South line of said land, South 89 °34'20" East, 609.12 feet
to the true point of beginning.
Said land is also shown on Map recorded April 8, 1958 in Book 8, Page 103 of Records of
Surveys.
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made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in
favor of any purchaser from the insured of either (i) an estate
or interest in the land, or (ii) an indebtedness secured by a
purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section 4(a)
below, (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, 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,
as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless
the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
4. DEFENSE AND PROSECUTION'OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to
the options contained in Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those
stated causes of action alleging a defect, lien or en-
cumbrance 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 the 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 the 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, as
insured, or to prevent or reduce loss or damage to the
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 policy. 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
jurisdiction 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 prosecute or provide for the defense of any
action or proceeding, the 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 the insured forthis
purpose. Whenever requested by the Company, the 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 settlement, 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 as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the 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 cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, 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 the facts giving rise to the loss or damage. The
h, _- pf loss or damage shall describe the defect in, or lien
;umbrance on the title, or other matter insured against
(b) To Pay or Otherwise Settle With Parties Other than
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 (ii), the Com-
pany'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, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage 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 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.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected
on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is subject to
the following:
(i) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata in the proportion that the Amount of Insurance
at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or (ii) where a subsequent
improvement has been made, as to any partial loss, the
Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule
A bears to the sum of the Amount of Insurance stated in
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to
costs, attorneys' fees and expenses for which the Company
is liable under this policy, and shall only apply to that portion
of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulations.
B. APPORTIONMENT.
, If the land described in Schedule (A)(C) consists of two
or more parcels which are not used as a single site, and a loss
is established affecting one or more of the parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the Amount of Insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made sub-
sequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an
endorsement attached to this policy.
9. 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
unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the comple-
tion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable
iiau ayauiau-arrypwsun or properiy In respect to the claim
had this policy not been issued. If requested by the Company,
`tie insured claimant shall transfer to the Company all rights
d remedies against any person or property necessary in
.,rder to perfect this right of subrogation. The insured
claimant shall permit the Company, to sue, compromise 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 to these rights and remedies in the proportion
which the Company's payment bears to the whole amount
of the loss.
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 impairment by the insured claimant of the
Company's right of subrogation.
(b) 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.
14. ARBITRATION.
Unless prohibited by applicable law, either the Com-
pany 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 arising 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
arbitrated 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 attomeys' 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.
15. 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 interpret-
ing 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 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.
16. 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.
17. 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 114 East Fifth Street, Santa Ana, California
92701, or to the office which issued this policy.
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REQUESTED, By
CUESTA THE OOMPAW
AM 11001 RECORDED NAM TO:
QTY OF SAN LUIS OBISPO. A
CALIFORNIA CHARTER MUNICIPAL
CORPORATION
990 PALM STREET
SAN LUIS OBISPO. CA 93401
. ESCROW W. S1fi591"Wi --
Doc NQ: 1998 - 011172 Rpt No: 00014347
Official Records
;UN 984.50
San Luis Obispo Co.
;NF -1 0.00
Julie L. Rodewald
;
Recorder
mare armed to dw a dis wzUv @M and a bwvdsdped
Mar 02, 1998
Time: 12:51
;
- 41
;TOTAL 984.50
. _ .. :. TMS SPACE FOR RECORDERS USE OMr .
w �• .'. _ �... .. ..' �.
TITLE ORDER N0.65914
12RLSNT DEED
_
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THE UNDERSIGNED GRANTOR(S) OECLARE(s) — - - -- '
DOCUMENTARY TRANSFER TAR is ! Ct
1X1 computed on fun value of property conveyed, or
I 1 computed on full value less value of Dens or encumbrances remaining at time of sale.
W Unincorporated area I 1 City of , AND
FORA VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
RAY B. BUN NELL. an UnmardW Flan
hereby GRANT(s) to:
CITY OF SAN LUIS OBISPO. A CALIFORNIA CHARTER MUNICIPAL CORPORATION
that certain real property in the Courtly of Sao Lids Obispo. State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF.
A, PORTION OF OF". 9073- 331 -024 & 073. 331 -025
DATED February 28, 1998
STATE OF CAUFORMA
COUNTYOF San Luis Obispo FMY B. 5UNNELL
On Fphrvary 27. 11-?8
betore me. Connie Hopkins
a Nolan PrrtW[ m end for and Soto, ar
pson 4 appeared
par oruM known to es la proved to Ns on"facts of
satiafacrorr av;denm! to w tfs peraedD witon namW
mare armed to dw a dis wzUv @M and a bwvdsdped
to me Vet IsetarwV" executed the tana m h& wrtdwir
.rdwrized capaatvtmL and etas br hw?wtatei O Nanmfl
on dw asRt+t I dw persmW. or its arms/ upon behad of
whch the pas=tel acted. aamAed tlr wa awmaL
CONNIE HOPKINS
COMM. /1142641
WXARYPUSLe- =F0RNtA202
SA uIs oeLSao we+rtT —
M1 coma F. -.M." 16 .2XI
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Signature
ntve area for official ra rial Beall
Mail Uz atatarnw= to CITY OF SAN LMS OBISPO, A CALIFORNIA CHAPTER MVMCIPAL CORPORATION. 990 PALM STREET.
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Bishop Peak Ptrhlie La t
That portion of Parcel °B" of Parcel Map CO 73-32 in Section 16, Township 30 South.
Range 12 Fast in the County of San Luis Obispo. State of California as per map filed in
Book 11, Page 71 of Parcel Maps in the office of the County Recorder of said County,
and that portion of Parcel 2 of Parcel Map COAT. 87-M in Sections 16 and 21 of said
Township and Range of said County as per map filed in Book 43, Page 18 of Parcel Maps
lying westerly and southerly of the following described l'mG
Commencing at a 1" iron pipe with tag "LS 5751" set at a fence comer marl®g the
corner to Sections 15, 16, 21 and 22 of said Township and Range;
Thence along the South line of said Parcel 2 and along the south line of said Section 16
North 88 -47!46- West, a distance of 2645.42 feet to a 1" iron pipe with tag 'IS 5751"
` marling the south 1/4 corner of said Section 16 and the True Point of Be¢inninr,
Thence South 04.4237" West, a distance of 126.93 feet to a 1" iron pipe with tag "LS
5751-
Thence North 83- 2944- West, a distance of 85.00 feet to a 1" inn pipe with tag "LS
5751 ";
Thence North 45. 08'52- West, a distanco of 169.56 fat to a 1" iron pipe with tag "LS
5751 ";
Thence North 06 -0456' East, a distance of 80.89 fed to a 1" iron pipe with tag "M
5751-,
Thence Notth:54049W East. a distance of 90.92 fat to a 1" iron pipe with tag 9.S
5751 ";
Thence North 73 -OT18" East, a distance of 154.88 fax to a 1" iron pipe with tag "LS
5751 ";
Thence North 02.4935" East, a distance of 808.45 fed to a 1" iron pipe with tag "LS
5751"l-
Thence North 81.5521' West, a distance of 369.7'3 fed to a 1" iron pipe with tag "LS
5751 ";
Thence North 89- 34'00' West, a distance of 353.49 feet to a i" iron pipe with tag "LS
5751 ",
Thence South 70 -1734' West, a distance of 379.09 fed to a 1" iron pipe with tag "LS
5751 ";
Thence North 88038'00" West, a distance of 203.19 feet to a i" iron pipe with tag "LS
5751" set in the westerly liine of said Parcel "W of said Parcel Map CO 73 -32.
Containing 107.5 acres, more or less.
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RESOLUTION NO. 8747 (1997 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A CONTINGENT PURCHASE AND SALE AGREEMENT WITH
RAY B. BUNNELL FOR THE ACQUISITION OF REAL PROPERTY
COMMONLY KNOWN AS BISHOP PEAK
WHEREAS, the City of Sao Luis Obispo ("City") is a California Charter Municipal Corporation;
and
WHEREAS. City, acting through its City Coil and through adopted public procedures, has
determined that certain lands surrounding the City of San Luis Obispo are important to the scenic
character, healthy natural environment, and economic and social well-being of the community and
it's citizens and has designated these lands as the San Luis Obispo Greenbelt; and
WHEREAS, within said Greenbelt, City seeks to preserve and conserve characteristics such as
visual quality, wildlife habitat, healthy agricultural economy, and nral setting through a variety of
techniques and programs, including purchase of land; and
WHEREAS, City, the County of San Luis Obispo, and the State of California all consider the
preservation of the chain of peaks stretching from Morro Bay to San Luis Obispo, commonly
known as the -Motros,- to be a high priority for the community and for the people of the State; and
WHEREAS, the City of San Luis Obispo, City of Morro Bay and County of San Luis Obispo are
cooperating in a special planning project with a citizens' advisory committee (known as the Morros
Advisory Committee) whose goal is to develop a long -term plan for protection and proper
stewardship of the Mortvs; and
WHEREAS. Mr. Ray B. Bunnell ("Seller") is owner of certain lands which lie within said
Greenbelt, which are of scenic, ecological, and agricultural value to the City and County of San
Luis Obispo; and
WHEREAS, said lands include the summit and upper elevations of the tallest of the Morros,
cormnonly known as Bishop Peak; and
WHEREAS, Seller is desirous of preserving such values of said property by the sale of the property
for permanent open space purposes to the City of San Luis Obispo; and
WHEREAS, the purchase of said land in the judgment of City would act to preserve the values
indicated above and save an impottarn municipal purpose
NOW. THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo
hereby approves the -Contingent Purchase and Sale Agreement with Ray B. Burnell , covering
all of Seller's rights; title and interest in that certain real property in the County of San Luis Obispo,
R -8747
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together with all easements, rights and appurtenances thereto (specifically including all water and
mincra rights, and an access easement for maintenance and emergency purposes as incorporated
herein by reference, and subject to the specific contingencies described therein.
BE IT FURTHER RESOLVED, that the Comicil hereby finds that the purchase of said property is
an exempt project under Section 15325 of the California Envirmimental Quality Act.
BE IT FURTHER RESOLVED, that the Council hereby finds that the purchase of said property is
consistent with applicable policies of the City's General Plan and Elements therwE
BE rr FURTHER RESOLVED, that the Mayor is authorized and directed to execute said
Contingent Purchase and Sale-Agmementwith Ray&.- Bunnell -
On motion of Councilm=ber Roal=an seconded by Councilmember Smith
and an the following roll call vow.
AYES: Roalman. Romero. Smith. Williams. Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this z day of Dec ember 1997.
All= K. Settle. Mayor
Bonnier Cj_3tvf, y CI
APPROVED AS TO FORM:
J. Altomey
END OF DOCUMENT