HomeMy WebLinkAboutD-177 Tract No. 66 Recorded 03/02/1953Its
4
PLACE INTERNAL. RE
Grant Deed
q;1'
L R. S.
HARALD N. NIELSEN and HELGA
............................................ ...................................................................... ..........
.............................. .. and.mif.e ......................
(R5anM - GRANTORS)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
0
Do................. .Hereby Grant to------ - -. -.- -. -- - Q1T_Y__QF a__m;unjc#a,1 . zorporati.on
.......................................................... .............. ........ ........ ...................... ..........................................................................
thereal property in the ..... Git-V .. Qf ... Qb_iPpo ......... ........................................................ .........................
County oL .............San_- Lug, s, ... 0b.i.apQ ............................................. I State of California, described as follows:
Lot 21 in Block B of Tract No. 66., Nielsen and Roberts Subdivision
No. 1, according to map recorded February 29, 1952, in Book 5, at
page 81 of Maps.
SUBJECT TO:
1. General and special taxes of the fiscal year 1953-5L.
2. Conditions., restrictions., reservations., and rights of way of record.
Dated .................. March.la.... ........----- 19-- - -5.3-
STATE OF CALIFORNIA
COUNTY OF
SS.
San Luis ObisDo
On __Llarc4 24, 195
before me, ROTTERT T.- DPTTKMOHD. . I
a Notary Public in and for said County and State, person-
ally appeared RART,
__.-EAPALD ... 1)T.a_1TTFT RN
HELGA NN
. ... IELSE
... ......
known to me to be the person S whose name_$ --- 9;E@
subscribed to the within instrument and acknowledged that
.—VaR, Y' " e' x1l6euted. the same.
I " ' &%S t P"
WITNESS ... JnVLie&aN&jal seal.
Or
CD
--®r,
t
& -1
5,
a It P
My COI;6hti" &%p-irM__D0_C'
WHEN RECORDED, PLEASE MAIEL THIS INSTRUMENT TO
r-k
��tf Cle
.S is 0 b .. i s-oo, falifornla
ORDER ESCROW No
SPACE BELOW FOR RECORDER'S USE ONLY
4122
RECORDED AT REQUEST OF
SECU.1111-MIUVIRM&MEW
AT2-0. MIN. PAST q I - M.
VOLZO_�:.Official Records P_a3
SAN LUIS cEisPo COUr.TY, CALIF.
H1 A R 2 6 ; «3
co=ly R.-=dex
Fee Indexed
for mid County and SmIa.
COMPARED
L-1 (G.S.) 8 -27-52 22M (Photo F,=)
(Rev. 11-48) 13 /'7,7
[moo
]
Q)
Pj,r
Um 70.;?
RESOLUTION NO. 1196 (New Series)
A RESOLUTION AUTHORIZING CITY CLERK TO ACCEPT AND
RECORD DEED OF REAL PROPERTY FROM HARALD N. NEILSEN,
ET AL AND TO PAY FOR SAID PROPERTY
BE IT RESOLVED BY THE 0ouncil of the City of San Luis
Obispo as follows:
That the City Clerk be and he is hereby instructed to
receive and record a deed from HARALD N. NEILSEN and HELGA
NEILSEN, Husband and Wife, and EARL S. ROBERTS and ALMA M.
ROBERTS, Husband and Wife granting to the City of San Luis
Obispo the real property described as follows:
Lot 21 in Block B. Tract No. 66, Neilsen and Roberts
Subdivision No. 1, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according
to map recorded February 29, 1952, in Book 5 page 81 of
maps records of said County.
and to pay to said grantors the sum of Four Thousand Five
Hundred Dollars ($4,500.00) for said property, provided that
there be furnished to the City of San Luis Obispo along with
said deed, a policy of title insurance in the principal amount
o£ Four Thousand Five Hundred Dollars ($4,500.00) showing
title in the name of the City of San Luis Obispo, free and clear
of all incumberances.
PASSED AND ADOPTED this 2nd day of March , 1953•
By the following vote:
AYES: Paul W. Davis, Fred Lucksinger, Timothy I. O'Reilly
NOES: None
ABSENT: D. M. Carpenter
Timothy I. O'Reilly
Mayor
ATTEST:
J. H. Fitzpatrick
City Clerk
c -
I, J. H.
Fitzpatrick, qualified and
acting City Clerk
3
a
of the City of
San Luis Obispo, do hereby
certify that the
foregoing is a
full, true and correct copy
of Resolution
W
No. 1196 (New
Series), passed and adopted
by the Council
of the City of
San Luis Obispo on the 2nd
day of March, 1953•
rp
WITNESS
my hand and the seal of the
City of San Luis
j
Obispo this 2nd
day of March, 1953.
City C
fk
Pale (G.S.) Rev. I2U 12-VU 50i
ps
D1 77
i7
$)},500.00 Charge for Title Policy $ 20.00 (A -9) No. 40378 —SLO
SECURITY TITLE INSURANCE COMPA
a California corporation, herein called the Company, for a valuable C MAR 7553
consideration paid for this Policy of Title Insurance N RECEIVED
does hereby insure �' City Clerk
s, S. L 0. CAL-
CITY OF SAN LUIS OBISPO,
a.municipal corporation,
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 FOUR THOUSAND FIVE HUNDRED AND NO /100 - --
----------------------------------- 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 slip.
ulations are hereby made a part of this policy.
In Witness whereof, SECURITY TITLE INSURANCE COMPANY has executed this policy by its
authorized officers as of the date set forth in Schedule A.
)4C6L
Secretary � President
An Authorize igna re
CLTA Staadwd Coverage
Copyright 1949
P418 -A -8-C (G.S.) i23- 52.30M
SCHEDULE A
On March 26, 19 53 , at 9:30 o'clock am., the title to the land described in Schedule B
is vested in
CITY OF SAN LUIS OBISPO,
a municipal corporation.
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
Lot 21 in Block B of Tract No. 66, Nielsen and Roberts Subdivision No.
1, in the City of San.Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded February 29, 1952, in Book 5, at
page 81 of Maps.
C.
1. General and special taxes of the fiscal year 1953 -54, now a lien,
but not yet due and payable.
2. Second installment general and special County taxes of the fiscal
year 1952 -53. Amount $12.90. Assessment No. 13700.
3. Second installment general and special City taxes of the fiscal year
1952-53• Amount $7.12. Assessment No.. 4589.
4. An easement over the rear four feet of said lot for publicutilities
and incidental purposes as reserved on the map of said subdivision.
5. Covenants, conditions, and restrictions imposed by instrument executed
by Harald N. Nielsen, et al., dated May 13, 1952, and recorded June 26,
1952, in Book 663, at page 167 of Official Records, as modified by in-
strument dated Septemher 23, 1952 and recorded October 27, 1952 in Book
682, at page 332 of Official Records.
The covenants, conditions and restrictions referred to above do not
include restrictions upon the sale or occupancy of said land on the
basis of race, color or creed.
CLTA Staodprd Coverage
S^ 't; 581 b
y o s98
I,,to
` 0 v _ !4S � IIS _ `•1 p 1 \/
ts
th
t O .A
O IIS !t 5
a
i - -- L
;a
raa
Q _
ra
14S _ 14S �.LE• ` �Q Z
IL
k.
a
c°
v
145 1L5 a vt� ...... S o
/Y S7 38 E .0
� N �
an b ai ii a °d q Y p
4 !ts
14S. 7-f w w q@
E N 53•a5'E � �' � fl. �
w
N /
� H p f4♦ "3•�E�� d ��
I � sir? - e•ts�z3r'• .. : s g,
1
�i. sy �'� � V dS���a o• a 0�
%
s. /
deb /
J. 1
TRACT 66
"This plat is for your aid in locating your land with reference to streets and other
parcels. It is not a survey. While this plat is believed to be correct, the Company assumes
no liability for any loss occurring by reason of reliance thereon."
SECURITY TITLE INSURANCE COMPANY
P_116 -DST (G.S.) Rev. 6 -50 9.29 -52 20M
SCHEDULE D.
This policy does not insure against lose 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:
!. Taxes or assessments which are not shown as existing liens 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-
age created by or arising out of any of the
following: (a) defects, liens, claims, encum-
brances, or other matters which result is no
pocuniary loss to the insured; (b) defects,
lime, 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
defeases of the Company against a named
insured shall be equally available against
any person or corporation who shall become
an insured hereunder as successor of such
named insured.
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 is 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,
lien, encumbrance, or other matter insured
against by this policy, and may pursue such
litigation to final determination in the court
of last resort. In case any such litigation
shall become known to any insured, or in
case knowledge shall come to any insured
of any claim of title or interest which is ad-
verse to the title at insured or which might
causo 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
g�vein to the Company at least two days be-
tore the appearance day in any such hliga-
tion, or if such insured shall no :, 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 oil liability of the Com-
pany as to each insured having such knowl-
edge shall coase and terminate; provided,
however, that failure to so notify the Com-
pany shall in no cgse 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 necos-
sary or desirable to establish the title, or any
insured lien or charge, as insured. In all cases
where this policy permits or requires the
Company to prosecute or defend any action
or proceeding, the insured shall secure to it
in writing the right to so prosecute or defend
such action or proceeding, and all appeals
therein, and permit it to use, at its option,
the name of the insured for such purpose.
Whenever requested by the Company the
insured shall assist the Company in 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 suhrogated to and be entitled to
all cost and attorneys' fees incurred or ex-
pended by the Company, which may be re-
coverable by the insured in any litigation
carried on by the Company on behalf of the
CLTA Standard Coverage
Copyright 1950
said land, or by making inquiry of persons in possession thereof or by
❑ correct survey.
4. Mining claims, reservations in patents, water rights, claims or title
to water.
5. 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 thin
paragraph means actual knowledge, 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 policy shall be furnished to the
Company within sixty days after such loss
or damage shall have been ascertained.
No action or proceeding for the recovery of
any such 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 ouch
written statement.
4. OPTION TO PAY, SETTLE, OR COM-
PROMISE CLAIMS
The Company reserves the option to pap,
settle, or compromise for, or in the name oL,
the insured, any claim insured against or to
pay this polio 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 cost-. thereof.
S SUBROGATION UPON PAYMENT OR
Whenever the Company shall have settled
a claim under this policy, it shall be subroga-
ted to and be entitled to all rights, Wolin -
ties, and remedies which the insured would
have had against any person or property
in respect to such claim, had this policy not
been issued. If the payment does not cover
the loss of the insured, the Company shall
be subrogated to such rights, securities, and
remedies in the proportion which raid p
ment bears to the amount of said lass. In
either event the insured shall transfer, or
muse 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
such rights, securities, or remedies.
6. 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 th
such insured e indebtedness of the mort-
gagor or tor under 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 mortgage or deed of trust and the in-
debtedness thereby 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 tarried oa by the insured with
the written authorization of the Company,
but not otherwise. The liability of the Com-
pany under this policy shall in no case ex-
ceed, in all, the actual lass of the insured
and costs which the Company in 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 tonic, 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
my insured without producing this policy
for indorsement of such payment.
8. MANNER OF PAYMENT OF LOSS TO IN-
SURED
Loss under this 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 ff such ownership vests in
more than one, payment shall be made ral-
abl as their respective interests may appear,
and thereafter any loss shall be payable to
the other insured, and if more than one, then
to such insured ratably as their respective
interests may appear. It there be no such in-
sured owner of indebtedness, any loss shall
be payable to the insured, and it more than
one, to such insured ratably as their respec-
tive interests may appear.
9. DEFINITION OF TERMS
The following terms when used in this
policy neon:
(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 sold 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 Ilia dissolution, merger, or consolidation
of a corporate nomad insured;
(c) land ": the land described specifi-
cally or by reference in Schedule B and im-
provoments 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
taxing agency": the State and each
city and county, city and district
said land or some part thereof is
that levies taxes or assessments on
(f)' ". ublic records ": those public rec-
ords which, under the recording laws, im-
part constructive notice of matters relating to
said land.
30. WRITTEN INDORSEMENT REQUIRED TO
CHANGE POLICY
No provision or condition of this policy can
be waived or changed except by writing 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.
�u
r�
�y \lam
1 -4
ggw
�lr
c�
N
S
ar°
e O
tea_
CA A
r
n
O
_
m
Ic
r0 rY� N � AG bJ J
bNw beat m bow b a
}O1u }Oe = bE3 ae b eni�o�nz n3 bm
a =
�0 Yy�� AC b� b o b °Oy PTO •^ ibO % f^
� ^p °�1�/•/�� Vy My m�� V�(4�r O�'�P my° JA
`51.� 1. r0 A aOSw a°WS ~A
y r
n ��y
°
T^L bC. ° °MC:T �Ul ^aW 0OO is =1�1 mUI w .L.^
ME
l J
� O
CA
l I
O �
l✓
� H
••s
C n
a
pjN1
! l
q�
LT
a
o
Z
a
i
'd
z
r
�
a <
z
" o
l J
� O
CA
l I
O �
l✓
� H
••s
C n
a
pjN1
! l
q�
LT
a
r'
.
a
O P T I O N
s
e
For and in consideration of One dollar to me in hand paid,
the receipt of which is hereby acknowledged, I hereby grant to
the City of San Luis Obispo, a municipal corporation. .n option
for six months from date hereof to purchase for $49GO.00.that parcel
of land described as Lot 21 in Block B, Tract No. 66, Neilsen and
Roberts Subdivision No. 1, in the City of San Luis Obispo, County
of San Luis Obispo, State of California, according to map recorded
February 29, 1952, in Book 5 page 81 of maps records of said County;
said option to be exercised by said City delivering written notice
to me of its intention to purchase said property within six months
from date.
Dated: January 7, 1953
Agent for Nielsen Roberts.
I I
rI.:j