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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