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HomeMy WebLinkAboutD-150 Palm St Recorded 12/18/1950N _ VOL 592 PACE 41 GRANT DEED IN CONSIDERATION of the sur2 of Ten Dollars ('10.00), W. YOUNG LOUIS and STELLA LOUIS, husband and wife, do hereby grant to the CITY OF SAN LUIS OBISPO, a muhicipal corporation of the State of California, the following described real pro- perty: All that part of Lot No.4 in Block No-15 of said City of San Luis Obispo, as laid down and designated upon the map thereof compiled by H. C. Gard and on file in the office of the County Recorder of said County of San Luis Obispo, particularly described as follows: Colrmencing at a point on the Northerly line of Palm Street as the dividing line between Lots No. 4 and No. 5 and running thence Northerly along the line ' between said Lots 4 and 5 a distance of 119 feet and _ I 3 inches, more or less, to the Southerly line of the —` property conveyed to George A. Freitas by deed dated i:arch 15, 1919, and recorded in Book 131 of Deeds, at page 215, records of said County; thence Westerly along `Qe said Southerly line, 43 feet and 3 inches; thence at right angles Southerly 119 feet and 3 inches, more or less, to the Northerly line of Palm Street, and thence Easterly along said Northerly line of Palm Street, 43 feet - -7= and 3 inches to the place of beginning. _ iITI3ESS our hand this G day o a4,wlk 1950- ,!.1a". tlilNqlf't /!'/ GAL �� STATE OF CALIFORNIA COUITY OF SAN LUIS OBISPO ) On this�1 /--day of�,GB?,1t4 , 1950, before me GEORGE L. ANDRE the undersigned, a Notary Public in and for said County and State, personally appeared 77. YOUNG LOUIS and STELLA LOUIS, husband and wife, known to me to be the persons described in and whose names are subscribed to the within instrument, and acknowledged that they executed the same. 1ITNESS my hand and official seal the day and year in this certificate first above written. RECORDED AT REQUEST F SECURITY TITLE INS. AND GUARANTEE AT.sa _ M IN. PAST VO6522..Official Records P. 3'? SAN LUIS OBISPO COUNTY, CALIF iI C 2 S 1950 Cb Co=t9 Pworda Fee $ Indexed Q- �� Not y blic in and for said County and State. i I, J. F. Brown, the duly elected, qualified and acting City Clerk of the City of San Luis Ohispo, do hPrPh1r certif-%r that the fore ?oing is a full, true and correct cony of Resolution. No. 988 (New Series), nassed and adopted by the Council of the City of San Luis Orisno on the 18th day of December, 1950. T•TJTNFSS my hand and the sea) of the City of Gan Luis Obi_sno this 10th day of DeP:ember..; ;1950. rl C i ty _C1Pr1c:,;: w •, 1J de P -118 (G.S.) Rev. 6.50 9.1 -50 ISM California %d Title Association Standard arage. Copyright 1949 8 5875.00 charge for Title Insurance and Examination s 43.00 (A -1) No. 34476 —SLO SECURITY TITLE INSURANCE GUARANTEE ANTE COMP NY a California Corporation, herein called the Company, for a valuable consideration paid for this POLICY OF TITLE INSURANCE does hereby insure CITY OF SAN LUIS OBISPO, a municipal corporation, of the State of California. together with the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding - FIFTY -EIGHT HUNDRED SEVENTY -FIVE AND N01100 - - - - - - - - - - - - - dollars, which the insured shall sustain by reason of: 1. Title to the land described in SCHEDULE B being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarket- ability exists because of defects, liens, encumbrances, or other matters shown or referred to in SCHEDULE C; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in SCHEDULE C; or 4. Any defect in the execution of any mortgage or deed of trust shown in SCHEDULE C securing an indebted- ness, 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 5. 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, such mortgage or deed of trust being shown in the order of its pri- ority in SCHEDULE C; all subject, however, to SCHEDULES A, B, C, D, and the STIPULATIONS herein, all of which schedules and stip- ulations are hereby made a part of this policy. In witness whereof, Security Title Insurance and Guarantee Company has executed this policy by its authorized officers, as of the date set forth in Schedule A. Secretary. President. Attest: Vice President P- 118 -A -B -C (Rev. 6.50) 6 -26 -50 14M CLTA Standard Coverage On December 29 is vested in SCHEDULE A 19 50, at 2 :50 o'clock p.m., the title to the land described in Schedule B CITY OF SAN LUIS OBISPO, a municipal corporation, of the State of California. The description of the land, title to which is insured by this policy is hereinafter set forth under Schedule B. Liens, encumbrances, defects and other matters affecting the title to said land, or to which said title is subject are hereinafter set forth under Schedule C. This policy does not insure against loss by reason of the matters shown or re- ferred to under Schedule C except to the extent that the owner of any mortgage or deed of trust shown in Schedule C is expressly insured in paragraphs numbered 4 and 5 on first page of this policy. SCHEDULE B All that part of Lot No. 4 in Block No. 15 of said City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as laid down and designated upon the map thereof compiled by H. C. Ward and on file in the office of the County Recorder of said County of San Luis Obispo, particularly described as follows: Commencing at a point on the Northerly line of Palm Street as the dividing line between Lots No. 4 and No. 5 and running thence Northerly along the line between said Lots 4 and 5 a distance of 119 feet and 3 inches, more or less, to the Southerly line of the property conveyed to George A. Freitas by deed dated March 15, 1919 and recorded in Book 131 of Deeds, at page 215, records of said County; thence Westerly along said Southerly line, 43 feet and 3 inches; thence at right angles Southerly 119 feet and 3 inches, more or less, to the Northerly line of Palm Street, and thence Easterly along said Northerly line of Palm Street, 43 feet and 3 inches to the place of beginning. C. 1. Second installment of general and special County taxes of the fiscal year 1950 -51. Amount $36.36. Assessment No. 12256. NIPOMO It O r A = a m r a sactm .I a a; my a. : o O � as av _7 so 3 O z 1 m m 140.3 ro so O . 8 O w V. Ip OI _ O 0 • O O9 w .a Y O ®0 Q I I or I to IQ - - - - - -- ° O I O m +� 4 O - _Ti1fC -J O O _I u°n°- I .° NORTH BROAD .o W <= s� = K r 0 rf W W >o D rW z 0O C to 20 W 1 1,0 O i W ro 0 O l>~T. .aronr ° IORRO 3. 5C , O to ao D r 3VN1� S T. 0. ST. 0. mo ro so O . 8 Q L- - - -- ° w V. of e O _ O 0 ST. 0. mo ro so O . • OZ Q L- - - -- ° V. 'a nl e O _ O Igo." • O O9 w i O O 'd+ .) rz /^��. �ti � r� ,ll- I I or I to ro ST. r r N 1 .o 4a ® I r- This plat Is inserted as a matter of information only, and while the same is compiled from information which we believe to be correct, no 1Lbility is assumed by this Company as to the correctness of said information. SECURITY TITLE 'tta atw'nsi ` COMPANY & O0 yl• ,• i 'a nl _ O Igo." IQ i0 , nu r r N 1 .o 4a ® I r- This plat Is inserted as a matter of information only, and while the same is compiled from information which we believe to be correct, no 1Lbility is assumed by this Company as to the correctness of said information. SECURITY TITLE 'tta atw'nsi ` COMPANY A GENERAL OFFICERS �� � I ��g� � �• I � I' � I I' SAN LUIS OBISPO OFFICERS WIN. S. PORTER, PPENMOUAT ll 1 J. E. McCLURE, VICE PRE51DEPT AND MANAGER JAS. R. FORD, EYCCMENC VICE POCCIDENT - �� — — A .t.0 Ue BERT L. BROWN. AGUT. SECT. AND AULT. NOR. HOWARD O RNSON, MICE ees. AND CONTQ. FNSU RAN C.E AND GUARANTEE COM.PA -NX W. A. DEEL RD TITLE OFFICER EARL L ROBINSON, vice PefE. AND coxieauFe WANETA MURD, ESCROW CLERK JOHN L. PRINCE. VICE MfGIOENT WM. N. B. HAYMOND, EECVFEART F. W. AUDRAIN, COUNSEL 1119 CHORRO STREET O SAN LUIS OBISPO, CALIFORNIA O TELEPHONE 1015 Address All Communications To P. O. Box 202 Complete title service in the following California counties; FRESNO - IMPERIAL - KINGS MADERA MERCED ORANGE - RIVERSIDE - SAN BERNARDINO - SAN JOAQUIN SAN LUIS OBISPO - SANTA BARBARA STANISLAUS - TULARE January 4, 1951 IN REPLY PLEASE REFER TO OUR No. 34476 4r. J. E. ErorJ-r? City Clerk San Luis Obispo, California Dear Iair. Brown: The enclosed Policy of Title Insurance covers the property of W. Young Louis recently purchased by the City of San Luis Obispo. illie were instructed by the City Attorney to bill the premium for this policy to the City. Yours very truly, J. E. IIAcClure i,,!anager JyN:rjl Encl. P- 118 -D -ST (G.S.) Rev. &50 9-150 ISM CLTA Standard Coverage Copyright 1950 SCHEDULE D This policy does not insure against loss by reason of the following matters which, if any such exist, may affect the title to said land, but which are not shown in this policy: 1. Taxes or assessments which are not shown as existing lions by the records of any taxing agency or by the public records; and easements, liens, or encumbrances which are not shown by the public records. 2. Rights or claims of persons in possession of said land which are not shown by the public records. 3. Any facts, rights, interests, or claims which are not shown by the public records, but which could be ascertained by an inspection of 1. SCOPE OF COVERAGE This policy does not insure against, and the Company will not be liable for loss or dam- ng created by or arising out of any of the following: (a) defects, liens, claims, encum- brances, or other matters which resuil 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) defects, liens, claims, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or dam- age, either at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, un- less such defect, lien, claim, encumbrance or other matter shall have been disclosed to the Company in writing prior to the issuance of this policy or appeared at the date of this policy on the public records. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become con insured hereunder as successor of such named insured. 2. DEFENSE OF ACTIONS. NOTICE OF AC- TIONS OR CLAIMS TO BE GIVEN BY THE INSURED The Company at its own cost shall defend the insured in all litigation consisting of ac- tions or proceedings against the insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of said land in satisfaction of any indebtedness, the owner of which is insured by this policy, which litigation is founded upon a defect, lion, 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 litigation shall become known to any insured, or in case knowledge shall coma to any insured of any claim of title or interest which is ad- verse to the title as insured or which might cause loss or damage for which the Com- pany shall or may be liable by virtue of this policy , such insured shall notify the Company thereof in writing. If such notice shall not be given to the Company at least two days be- fore the appearance day in any such litiga- tion, or if such insured shall not, in writing, promptly notify the Company of any defect. lien, encumbrance, or other matter insured against, or of any such adverse claim which shall come to the knowledge of such in- sured, in respect to which loss or damage is apprehended, then all liability of the Com- pany as to each insured having such knowl- edge shall cease and terminate; provided, however, that failure to so notify the Com- pany shall in no case prejudice the claim of any insured unless the Company shall be actually prejudiced by such failure. The Com- pany shall have the right to institute and prosecute any action or proceeding or do any other act which, in its opinion, may be neces- sary or desirable to establish the title, or any insured lien or charge, as insured. In al] cases where this policy permits or requires the Company to prosecute or defend any action or proceeding, the insured shall secure to it in writing the right to no 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 insured shall assist the Company m any such action or proceeding, in effecting settle- ment, securing evidence, obtaining witnesses, prosecuting or defending such action or pro- ceeding, 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 ex- pended by the Company, which may be re- covorablo by the insured in any litigation carried on by the Company on behall of the said land, or by making inquiry of persons in possession thereof or by a correct suvey. 4. Mining claims, reservations in patents, water rights, claims or title to water. S. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of any violation of any such restrictions, regulations or prohibitions. STIPULATIONS insured. The word "knowledge" in this paragraph moans actual knowledgo, and does not refer to constructive knowledge or notice which may be imputed by the public records. 3. NOTICE OF LOSS. LIMITATION OF AC- TION A statement in writing of any loss or damage for which it is claimed the Company is liable under this polity shall be furnished to the Company within sixty days after such loss or damage shall have been ascertained. No action or proceeding for the recovery of any such loss or damage shall be instituted or maintained 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. 4. OPTION TO PAY, SETTLE, OR COM- PROMISE CLAIMS The Company reserves the option to pay, settle, or compromise for, or in the name of, the insured, any claim Insured against or to pay this policy in full at any time, and pay- ment or tender of payment of the full amount of this policy, together with all accrued costs which the Company is obligated hereunder to pay, shall terminate all liability of the Com- pany hereunder, including all obligations of the Company with respect to any litigation pending and subsequent costs thereof. 5. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, it shall be subroga- led to and be entitled to all rights, securi- ties, and remodies 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 pay- ment bears to the amount of said loss. In either event the insured shall transfer, or cause to be transferred, to the Company such rights, securities, and remedies, and shall permit the Company to use the name of the insured in any transaction or litigation in- volving such rights, securities, or remedies. G. OPTION TO PAY INSURED OWNER OF INDEBTEDNESS AND BECOME OWNER OF SECURITY The Company has the right and option, in case any loss is claimed under this policy by an insured owner of an indebtedness se- cured by mortgage or deed of trust, to pay such insured the indebtedness of the mort- gagor or trustor [order said mortgage 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 mortgagge or deed of trust and the in- debtedness I oreby secured, and such pay- ment shall terminate all liability under this policy to such insured. 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. INDORSEMENT OF PAYMENT ON POLICY The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the insured in litigation car- ried on by the Company for the insured, and in litigation carried on by the insured with the written authorization of the Company, but not otherwise. The liability of the Core- pan p under this policy shall in no cnse ex- ceed, in all, the actual loss of the insured and costs which the Company is ob- ligated 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 tanto, and payment of loss or damage to an insured owner of indebted- ness shall reduce, to that extent, the liabil- ity of the Company to the insured owner of said land. No payment may be demanded by any insured without producing this policy for indorsemont of such payment. 8. MANNER OF PAYMENT OF LOSS TO IN- SURED Loss under thin policy shall be payable, first, to any insured owner of indebtedness secured by mortgage or deed of trust shown in Schedule C in order of priority therein shown, and if such ownership vests in more than one, payment shall be made rat - obly as their respective interests may appear, and thereafter any loss shall be payable to the other insured, and if more than one, then to ouch insured ratably an thew respective interests may a deb pear. If there be no such in- sured owner ofp intedness, any loss shall be payable to the insured, and if more than one, to such insured ratably as their respec- tive interests may appear. 9. DEFINITION OF TERM The following terms when used in this policy mean: (a) named insured ": the persons and corporations named as insured on first page of this policy; (b) "the insured ": such named insured together with (1) each successor in owner- ship of any indebtedness secured by any mortgage or deed of trust shown in Schedule C, the owner of which indebtedness is named herein as an insured, (2) any such owner or successor in ownership of any such indebtedness who acquires the land de- scribed in Schedule B or any part thereof, by lawful means in satisfaction of said in- debtedness or any part thereof, (3) any governmental agency or instrumentality acquiring said land under an insurance con- tract or guarantee insuring or guaranteeing said indebtedness or any part thereof, and (4) 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; (c) land ": the land described specifi- cally or by reference in Schedule B and im- provements affixed thereto which by law constitute real property; (d) "date": the exact day, hour and minute specified in the first line of Schedule A (unless the context clearly requires a different meaning); (o) "taxing agency": the State and each county, city and county, city and district in which said land or come part thereof is situated that lavios taxes or assessments on real properly; (1) "public records ": those public rec- ords which, under the recording laws, im- part constructive notice of matters relating to said land. 10. WRITTEN INDORSEMENT REQUIRED TO CHANGE POLICY No provision or condition of this policy can be waived or changed axe opt by writin in- dorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, or an Assistant Secretary of the Company. 11. NOTICES. WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its home office at 530 West Sixth Street, Los Angeles 14, California. n Q 00,114 I1� a :o r_ IL,I, I iliii II o n rn O 2[�1 Sm C S SfA\ j �P 2 •• Vl'�p= Z 'On Z Tn 070e N; V�o CT i^ � a iI �_ ..��i oe T •i Z'o> •.T 7 ^,�'L1iu S 90 n rT`��V• m'm=i � IQ yO C'J %lOpo T °420n` 'J n� Sy S SWy �S•nyS�C�-%ua O Oyu F+i alp O ,Y ,-7 — ^O n nov pp �eo> _ vT vo d; <o •i o a n T ^ae edema n N n m •i OC m m L v A° O e p o 9 na n v S9 avn'� n ^n.:.� O o=nto n • p (l `� u Qin .. .H •• �a ^, .. .•• a .. 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