HomeMy WebLinkAboutD-1800 APN: 076-381-016 - Hidden Hills Mobilodge Recorded 08/28/2008RECORDING REQUESTED BY:
- Cuesta Title Company -
Recorded at request of and
When recorded return to:
Hamner, Jewell & Associates
Government Real Estate Services
340 James Way, Suite 150
Pismo Beach, CA 93449
JULIE RODEAD
San. Luis Obispo County— CIerWRecorder
Recorded aYthe request of
bue'sta.Tifle Company
C # : I
i2008O44058
SN
8/28/2008
8:00 AM
Titles: 1
Pages: 12
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 076 - 381 -016 (SLO County) No recording fee per Government Code 6103
No Documentary Transfer Tax per Revenue &
Taxation Code 11922
City of San Luis Obispo
SEWER FACILITIES EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HIDDEN'HILLS MOBILODGE, L.L.C., a California Limited Liability Company
(hereinafter referred to as "GRANTOR ")
does hereby GRANT to the
CITY OF SAN LUIS OBISPO, a municipal corporation and a charter city in the county of
San Luis Obispo, State of California ( "CITY ")
the following interests in real property:
A. A Permanent Sewerline Easement for the installation, construction, reconstruction,
enlargement, operation, maintenance, replacement, and repair of a sewerlines, conduit and related
appurtenances, including associated utilities, valves, manholes, markers, and related facilities,
and ingress and egress rights associated therewith. This Permanent Sewerline Easement
( "Permanent Sewerline Easement ") shall be in, over, on, along, through, within, under, and
across the Permanent Sewerline Easement Area of the Real Property as defined in this paragraph.
The "Real Property" is in the County of San Luis Obispo, State of California and is described in
Exhibit "A" attached hereto and incorporated by reference herein. The "Permanent Sewerline
Easement Area" which comprises the Permanent Sewerline Easement is described and depicted
in Exhibits "B" and "D" attached hereto and incorporated by reference herein.
The Permanent Sewerline Easement described herein shall be SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
1 of 5
SLO City/Tank Fann Road/HiddenHills /Deed Final 6 -9 -08
1. The facilities and improvements installed in the Permanent Sewerline Easement Area
collectively are referred to herein as "City Facilities." Plans for City Facilities as they exist from
time to time shall be maintained at the City's principal offices.
2. City shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Permanent Sewerline Easement Area at any time, without
prior notice, including the right to use lanes, drives, rights -of -way, and roadways within the Real
Property which now exist or which hereinafter may be constructed, as shall be convenient and
necessary for the purpose of exercising the rights herein set forth; provided, however, that
nothing herein shall prevent or limit Grantor's rights to close such roadways, lanes, or rights -of-
way, and to provide City with comparable alternative access to the Permanent Sewerline
Easement Area, as deemed reasonable by the City.
3. As the amount of earth or other fill over City Facilities can affect the structural
integrity of the City's underground facilities, City shall have the right to maintain the height of
earth or other fill over City's underground. facilities. Grantor shall not temporarily or
permanently modify, or allow others to in any way modify, the ground surface elevation in the
Permanent Sewerline Easement Area from the elevation established upon completion of
construction of the City Facilities without the City's written consent, which consent shall not be
withheld unreasonably. Grantor shall not conduct, or permit others to conduct, grading
operations, ripping, stockpiling, or use, or permit others to use, explosives within or proximate to
the Permanent Sewerline Easement Area to the extent that City Facilities may be damaged.
4. Subsequent to the grant of this Easement, Grantor shall riot grant any easements of any
kind whatsoever to others in, over, on, through, within, under and across the Permanent
Sewerline Easement Area without prior written consent of the City.
5. The Permanent Sewerline Easement is subject to all existing fencing, canals, irrigation
ditches, laterals, pipelines, roads, electrical transmission facilities, telephone and telegraph lines,
and all future uses which do not directly or indirectly interfere with or endanger City's exercise
of the rights described herein, including the right to use the Permanent Sewerline Easement Area
for agricultural purposes which do not include vegetation which endangers the integrity of the
City Facilities, provided, however, that City shall have the right to clear and keep clear from the
Permanent Sewerline Easement all explosives, buildings, structures, walls, and other facilities of
a permanent nature which interfere with City's use of the Permanent Sewerline Easement.
Grantor shall not construct, nor permit others to construct, such permanent facilities that conflict
with City's ability to access and use the Permanent Sewerline Easement. City shall have the right
of exclusive use and possession within the Permanent Sewerline Easement area for a distance of
two (2) feet in every direction around the outside surface of the City Facilities. In addition to any
other legal and equitable remedies for violations of this paragraph, City shall have the right to do
all things necessary and proper to remove any such vegetation, explosives and improvements, at
the Grantor's expense.
2 of 5
SLO City /Tank Farni Road /Hidden Hills /Deed Final 6 -9 -08
Together with:
B. A Temporary Construction Easement for the purposes of facilitating construction
of City Facilities and Grantor's lateral line; including the right to place equipment and vehicles,
pile earth thereon, and utilize said Temporary Construction Easement for all other related
activities and purposes associated with facilitating the construction of City Facilities within the
Permanent Sewerline Easement described hereinabove, in, on, over, under, through, and across
that certain parcel (or parcels) of land described and depicted as "Temporary Construction
Easement" in Exhibits "C" and "D ", attached hereto and incorporated herein. This Temporary
Construction Easement shall commence thirty (30) days following the issuance by City of a
Notice of Construction Commencement to Grantor via U.S. Mail, and shall terminate within
twelve (12) months after commencement, upon completion of construction, or by June 30, 2010,
whichever occurs first.
Upon completion of construction of City's Facilities, the Temporary Construction Easement area
shall be generally restored to the condition that existed prior to construction, to the extent
reasonably practical except that landscaping, fencing, signage and improvements disturbed by
City in this project will not be restored by City.
Date: L�3- � p -
Date:
�: • 11
HIDDEN HILLS MOBILODGE, L.L.C.
By:
M. JO CE OFFMA , TRUSTEE
OF THE M. JOYCE HOFFMAN TRUST,
DATED SEPTEMBER 23, 1997,
Member /Manager
3 of 5
431 Woolard Road
Sanford, NC 2733.0
JUDY KORSMEYER, TRUSTEE OF THE
JUDY KORSMEYER REVOCABLE
LIVING TRUST, DATED
MARCH 4, 1998,
Member /Manager
11387 N. Moore Road
Elfrida, AZ 85610
SLO City /Tank Fann Road /HiddenHills /Decd Final 6 -9 -08
Together with:
B. A Temporary Construction Easement for the purposes of facilitating construction
of City Facilities and Grantor's lateral line; including the right to place equipment and vehicles,
pile earth thereon, and utilize said Temporary Construction Easement for all other related
activities and purposes associated with facilitating the construction of City Facilities within the
Permanent Sewerline Easement described hereinabove, in, on, over, under, through, and across
that certain parcel (or parcels) of land described and depicted as "Temporary Construction
Easement" in Exhibits "C" and "D ", attached hereto and incorporated herein. This Temporary
Construction Easement shall commence thirty (30) days following the issuance by City of a
Notice of Construction Commencement to Grantor via U.S. Mail, and shall terminate within
twelve (12) months after commencement, upon completion of construction, or by June 30, 2010,
whichever occurs first.
Upon completion of construction of City's Facilities, the Temporary Construction Easement area
shall be generally restored to the condition that existed prior to construction, to the extent
reasonably practical except that landscaping, fencing, signage and improvements disturbed by
City in this project will not be restored by City.
Date:
Date:
GRANTOR:
HIDDEN HILLS MOBILODGE, L.L.C.
e
M. JOYCE HOFFMAN, TRUSTEE
OF THE M. JOYCE HOFFMAN TRUST,
DATED SEPTEMBER 23, 1997,
Member /Manager
431 Woolard Road
Sanford, NC 27330
By: AZ, IAZ14�#Awl'
D ZORSMEYET, TRUSTEE OF THE
JUDY KORSMEYER REVOCABLE
LIVING TRUST, DATED
MARCH 4, 1998,
Member /Manager
3 of 5
11387 N. Moore Road
Elfrida, AZ 85610
SLO City/Tank Fann Road /HiddenHills /Deed Final 6 -9 -08
State of C
County of
On �ix�a 3, �l•�� before me, 7— Notary
Public, ers� onall a eared
r Y rr ,
who proved to me on the basis of isfYctory evidence o be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Seal) 4C?••
Not" _ '• N O T A R Y•
ICY Y. C
Lee county, North Carolina =_
ComtnlssEon I*ivires 1 211 -.PUBLIC.:
State of '''''''��'''�n►�U�`,`�,`��e���.
nane�
County of
On before me, , Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Seal)
4 of 5
SLO City /Tank Fann Road/HiddenHills /Deed Final 6 -9 -08
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LEGAL DESCRIPTION
All that real property situate in the County of San Luis Obispo, State of California being a portion of Lot
57 of the San Luis Obispo Suburban'Tract, said portion of said Lot 57 being shown on a Record of
Survey recorded in Book 67 of Records of Survey at Page 93 in the office of the County Recorded of said
County; said portion of said Lot 57 being more particularly described as follows:
Beginning at the Southeast comer of said Lot 57 as shown on said Record of Survey;
THENCE along the Easterly line of said Lot as shown on said Record of Survey, N 24° 53' 50" W
462.07 feet to the True Point of Beginning;
THENCE, leaving said Easterly line along the following courses: S 21' 27'.20" W 97.84 feet; S 80 55'
32" W 115.43 feet; S 14° 44' 01" E 275.02 feet; S 24° 52' 08" E 22.99 feet to a point on the existing
right of way of Tank Farm Road as shown on said Record of Survey;
THENCE, along said right of way along the following courses: S 65° 07' 52" W 97.79 feet; N 69° 52'
08" W 14.14 feet; S 65° 07' 52" W 10.00 feet; S 20° 07' 52" W 14.14 feet; S 65° 07' 52" W 125.52 feet
to a tangent curve concave Northerly; along said curve, said curve having a radius of 525.00 feet, a
central angle of 22° 36' 47 ", and an arc length of 207.20 feet; N 89° 59' 08" W 75.60 feet;
THENCE, leaving said right of way of Tank Far n Road and along the following courses: North 189.11
feet, N 150 24' 26" W 200.00 feet; N 210 03' 2. 4" W 125.80 feet; N 7° 29' 34" E 445.80 feet; N 5° 42'
26" W 358.64 feet to a point on the Northerly line of said Lot 57 as shown on said Record of Survey;
THENCE, along said Northerly line, N 89° 53' 48" E 252.92 feet to the Northeast corner of said Lot 57
as shown on said Record of Survey;
THENCE along the Easterly line of said Lot 57 as shown on said Record of Survey, S 240 53' 50" E
718.72 feet to the True Point of Beginning, as described on Certificate of Compliance recorded January
13, 1999 as instrument No. 1999- 002651 of Official Records.
APN: 076;3 81,016
End of Legal Description
�. ��� t C
z
EXHIBIT "B"
Permanent Sewer Pipeline Easement
Legal Description
A portion of Lot 57 of that tract of land referred to locally as the "San Luis Obispo
Suburban Tract" according to that map entitled, "Map of the Subdivisions of the San Luis
Obispo, Suburban Tract ", in the County of San Luis Obispo, State of California, recorded
February 7th, 1906, filed in Book 1, at Page 92 of Licensed Surveys in'the office of the
::,Recorder for said County, being a portion of that parcel of land validated by Certificate of
Compliance recorded January 13`%.1999 and filed as Instrument No. 1999- 002651 of
Official Records in the office of the Recorder for said County more particularly described
as follows:
Commencing at a 3" brass disc stamped LS 2019 marking the Northwesterly comer of
said Lot 57 as shown on that map recorded May 1st, 1992, filed in Book 67, Page 93 of
Record of Surveys in the office of the Recorder for said County,
Thence, South O1 °19'58" West, 1297.40 feet to a 2" brass disc at the Southwesterly
comer of said Lot 57, on the Northerly boundary of the Tank Farm Road Right -of -Way
(40 foot wide) as shown on said Record of Surveys;
Thence, along the South boundary of said Lot 57 and the Northerly boundary of said 40
foot wide Right -of -Way, South 88 °34'25" East, 448.85 feet to the Westerly line of said
parcel of land validated by Certificate of Compliance, being the True Point of
Beginning;
Thence, South 88 °34'25" East, 75.60 feet to an apex at the west end of that portion of the
Tank Farm Road Right -of -Way conveyed to the County of San Luis Obispo, in fee, by
Grant Deed filed in Book 1848, at Page 434 of Official Records in the office of the
Recorder for said County;
Thence, along said Tank Farm Road Right -of -Way as conveyed to the County of San
Luis Obispo, in fee, on a non - tangent curve concave to the North with a radius of 525.00
feet, from a radial bearing South 00 °50' 39" East, an arc length of 207.20 feet, through a
central angle of 22'36'47";
Thence, North 66 °32'34" East, 125.51 feet;
Thence, North 21 °32'34" East, 14.14 feet;
Thence, North 66 °32'34" East, 10.00 feet;
Thence, South 68 °25'46" East, 14.14 feet;
FAproj\2002 \02. 1121\ Survey\ Design \Construction DrawingsTnglishUgal Descriptions \610574- Hidden.Hills Mobile Lodge
LLC\Permanent Pipeline Easement.doc �
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EXHIBIT "C"
Temporary Easement
Legal Description
A portion of Lot 57 of that tract of land referred to locally as the "San Luis Obispo
Suburban Tract" according to that map entitled, "Map of the Subdivisions of the San Luis
Obispo, Suburban Tract ", in the County of San Luis Obispo, State of California, recorded
February 7`h, 1906, filed in Book 1, at Page 92 of Licensed Surveys in the office of the
Recorder for said County, being a portion of that parcel of land validated by Certificate of
Compliance recorded January 13th, 1999 and filed as Instrument No_' 1999- 002651 of
Official Records in the office of the Recorder for said County more particularly described
as follows:
A 60.00 foot wide strip of land that lies northerly of and adjoins the northerly boundary
of the Permanent Sewer Pipeline Easement described by the hereinabove "Exhibit B ";
Furthermore, the sidelines of this strip of land shall be lengthened and/or shortened to
intersect property boundaries.
Containing 31,147 square feet more or less.
Prepared by:
Date: ?.r Zoo
NO 5,139 zf ,
F: \proj\2002 \021121 \Survey\ Design \Construction Drawings\English\Legal Descriptions \610574- Hidden Hills Mobile Lodge
LLC \Temporary Construction Easement.doc
PAGEtCW1
LINE TABLE
I LINE LENGTH BEARING
i L1 75.60 588'34'25 "E
P.O-C. L2 125.51 N66'32'34 "E
LS BRASS DISC i �053L ]a5 4O L3 14.14 N21 *32'34"E
\ L4 10.00 N66'32'34 "E
i L5 14.14 S68- 25'46 "E
L6 97.80 N66- 3236 "E
I 075- 381 -002 1 L7 20.00 N23'27'26 "W
PTN. LOT 57 L8 252.38 S66'32'44 "W
VL 84 L9 58.01 S88'34'25 "E
s L10 20.00 S01'25'35 "W
L11 60.00 S01'25'35 "W
I r'� L12 55.69 N88'34'25 "W
I L13 262.52 S66'32'35 "W
P7NR LOT V � L14 57.91 N13-19'16 "W
°�I _ Sm wis ow�0 /L15 2.99 N2327'26 "W
NJ SUBURBAN 'BRACT 1�
NI / Cl/LS/92, 1
LOT 83
au I I APN: 076 - 381 -016
3 /
r CERTIFICATE OF
kni COMPLIANCE DOC. NO. '
rl 1 1999 - 002651
OWNER: HIDDEN HILLS '
U) MOBILODGE, LLC 075- 381 -014
to c1l
N I
I 076- 381 -009
I 1 PTN. LOT 57
BY CERTIFICATE OF LOT 82
076 -381 -001 COMPLIANCE
PTN. LOT 57 DOC. NO. 1999- 002552 -
BY CERTIFICATE. OF OWNER:CURRY
ID CP NO. CE 1 7PUBLIC ROAD AND
1992 - 072292 SLOPE EASEMENT
ACCEPTED PER DOC. J
i oWNER:SANTA FE N0. 2005 - 067240 �r L15 / V
TECHNOLOGIES, LLC L,,� � L s
I �
2 BRASS DISC i ` �5
LS 2019 . 1 12 _ C3��
_+ �S88'3425 "E
448.85'(1IE) L9 LID
—TANK FARM ROAD
c o TP.O.N .&
s'
rry
�PX\ n
' o
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl
207.20
525.00
.2236'47"
C2
216.95
505.00
24'36'52"
C3
193.26
445.00
24'52'59"
13 L4 \
i
Cl LOT LINE ADJUSTMENT PER
DOC. NO. 1999 - 002652 OF
OFFICIAL RECORDS
PUBLIC ROAD
EASEMENT ACCEPTED
PER 1848/OR/434
- — — — - = TEMPORARY CONSTRUCTION EASEMENT (TICE)
—= PERMANENT EASEMENT (PE)
0 200
400 EXHIBIT
D
PERMANENT EASEMENT AREA= 10,474 S.F.
TEMPORARY EASEMENT AREA= 31,147 S.F.
1 INCH = 200 FEET
THIS OOOIYFTR WAS PREPARED NY CANNON ASSOCIATES
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PTN. OF SUBURBAN TRACT
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MAINTAIN (:OFFS FOR INFORMATION AND NmCAENCE N
CONNECTION OLY "TN MIS NYOIE.CT.
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COUNTY OF SAN LUIS OBISPO,
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CHECKED BY: DSH
DATE: 10/26/07
Adk .- -- AIL
CLTA Standard Coverage Policy 1990
Order Number: 610574
POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARAN'T'Y COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land; and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage; said mortgage being shown in Schedule
B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in
Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named
insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured
mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized
officers as of Date of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
SAS lF C � /_�/Dj-p✓ ��•
r • a :'
`pravo#���� s
Chairmn of tho Hoard 3•? — *- fO:t Preoidoat
ISO 8
_ • :Tf X A SI
Countersigned:
Authorized Countersignature
STEWART TITLE OF CALIFORNIA, INC.
Policy No.: 0- 2228 - 309971
- Serial No. 0 -2228- 309971
Page I of 1 1
CLTA Standard Coverage Policy — 1990
Order Number: 610574
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees are expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations; except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state
in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the
transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or
similar creditors' rights laws.
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes:
(i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an
obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of
the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land);
(ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or
guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, wh,:ther named as an insured herein or not;
(iii) the parties designated in Section 2(a) of these Conditions and Stipulations.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "insured lender ": the owner of an insured mortgage.
(d) "insured mortgage ": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A.
(e) "knowledge" or "known ": actual knowledge, not constructive knowledge: or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(f) "land ": the land described or referred to in Schedule [A] [C], and improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or referred to in Schedule [A] [C], nor any right, title, interest, estate or
Serial No. 0- 2228 - 309971
Page 2 of 11
•
CLTA Standard Coverage Policy — 1990
•
Order Number: 61 0574
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(g) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument.
(h) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(i) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a
contractual condition requiring the delivery of marketable title.
2. Continuation of Insurance
(a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of
this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land
by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee
of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly -owned subsidiary of the insured
corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any
predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant
to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage.
(b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long
as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of covenants of warranty 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 an insured of either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to an insured.
(c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the
least o£
(i) The amount of insurance stated in Schedule A;
(ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure,
amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of
acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but
reduced by the amount of all payments made; or
(iii) The amount paid by an governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the
acquisition of the estate or interest in satisfaction of its insurance contract or guaranty.
3. Notice of Claim to be Given by Insured Claimant.
An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 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 or the lien of the insured mortgage, 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 or the lien of the
insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that 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 an 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 such 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 encumbrance or other matter insured against by this policy.
The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the
insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees,
costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or
damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it.shall be liable hereunder, and shall
not thereby concede liability or waive any provision of this 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, an insured shall
secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the
Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting 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 or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation,
the Company's obligations to such insured under the policy shall terminate, including any 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 each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the
facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's
obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such proof of loss or damage.
Serial No. 0- 2228 - 309971
Page 3 of 11
CLTA Standard Coverage Policy —1990
0
Order Number: 61 0574
In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such. reasonable times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably
pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an
insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim.
6. Options to Pay or Otherwise Settle Claims; Termination of Liability.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or
(ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness
secured by the insured mortgage for the amount owning thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of purchase and which the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness
and the insured mortgage, together with any collateral security, to the Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to
make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the
claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or
continue-any litigation.
(b) To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the .
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation.
7. Determination and Extent of Liability.
This policy is a contract of indemnity against actual monetary loss or 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 to an insured lender shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and
Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and
Stipulations or as reduced under Section 9 of theses Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs,
together with interest thereon; or
(iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
(b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has
conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations.
(c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A.shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and
shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if
applicable, to the lien of the insured mortgage, as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
(d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to
protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii)
construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of
Serial No. 0- 2228 - 309971
Page 4 of 11
•
CLTA Standard Coverage Policy — 1990
•
Order Number: 610574
financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the
insured was and continued to be obligated to advance at and after Date of Policy.
9. Reduction of Insurance; Reduction or Termination of Liability.
(a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto.
However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these
Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that
the payments reduce the amount of the indebtedness secured by the insured mortgage.
(b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial
satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The
amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby,
with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured
lender except as provided in Section 2(a) of these Conditions and Stipulations.
10. Liability Noncumulative.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the
indebtedness secured by an insured mortgage.
11. Payment of Loss.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
12. Subrogation Upon Payment or Settlement.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue,
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 (i) as to an insured owner, to
all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all
rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection.
If loss should result from any act of the insured claimant, as stated above, that act.shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the
impairment by the insured claimant of the Company's right of subrogation.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or
its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of
payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness.
When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or
interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(c) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation
rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section
l(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond
and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
insured 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 attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. Liability Limited to This Policy; Policy Entire Contract.
Serial No. 0- 2228 - 309971
Page 5 of 11
CLTA Standard Coverage Policy -1990
Order Number: 610574
(a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence; and which arises out of the status of the lien of the insured mortgage or of the title
to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
15. Severability.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
16. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252 -2039, and identify this policy by its printed policy serial number which
appears on the bottom of the front.of the first page of this policy. STEWART TITLE GUARANTY COMPANY
Serial No. 0- 2228 - 309971.
Page 6 of 11
CLTA Standard Coverage Policy —1990
SCHEDULE A
Order No.: 610574
Amount of Insurance: $40,000.00
Date of Policy: August 28, 2008 at 08:00 am
1. Name of Insured:
Order Number: 610574
Policy No.: 0- 2228 - 309971
Premium: $400.00
City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California
2. The estate or interest in the land which is covered by this policy is:
An Easement
3. Title to the estate or interest in the land is vested in:
City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California
4. The land referred to in this policy is described as follows:
(See Attached Legal Description)
Serial No. 0- 2228 - 309971
Page 7 of 11
n
CLTA Standard Coverage Policy —1990
LEGAL DESCRIPTION
0
Order Number: 610574
The land referred to herein is situated in the County of San Luis Obispo, State of California, and is described as
follows:
A portion of Lot.57 of that tract of land referred to locally as the "San Luis Obispo Suburban Tract" according to that map
entitled, "Map of the Subdivisions of the San Luis Obispo, Suburban Tract "; in the County of San Luis Obispo, State of
California, recorded February 7t', 1906, filed in Book 1, at Page 92 of Licensed Surveys in the office of the Recorder for
said County, being a portion of that parcel of land validated by Certificate of Compliance recorded January 13th, 1999 and
filed as Instrument No. 1999- 002651 of Official Records in the office of the Recorder for said County more particularly
described as follows:
Commencing at a 3" brass disc stamped LS 2019 marking the Northwesterly corner of said Lot 57 as shown on that map
recoded May 1", 1992, filed in Book 67, Page 93 of Record of Surveys in the office of the Recorder for said County;
Thence, South 01 °19'58" West, 1297.40 feet to a 2" brass disc at the Southwesterly corner of said Lot 57, on the Northerly
boundary of the Tank Farm Road Right -of -Way (40 foot wide) as shown on said Record of Surveys;
Thence, along the South boundary of said Lot 57 and the Northerly boundary of said 40 foot wide Right -of -Way, South
88 °34'25" East, 448.85 feeUo the Westerly line of said parcel of land validated by Certificate of Compliance, being the
True Point of Beginning;
Thence, South 88 °34'45" East, 75.60 feet to an apex at the West end of that portion of the Tank Farm Road Right -of -Way
conveyed to the County of San Luis Obispo, in fee, by Grant Deed filed in Book 1848, at Page 434 of Official Records in
the office of the Recorder for said County;
Thence, along said Tank Farm Road Right -of -Way as conveyed to the County of San Luis Obispo, in fee, on a non - tangent
curve concave to the North with a radius of 525.00 feet, from a radial bearing South 00 °50'39" East, an arc length of
207.20 feet, through a central angle of 22 °36'47 ";
Thence, North 66 °32'34" East, 125.51 feet;
Thence, North 21 °32'34" East, 14.14 feet;
Thence, North 66 °32'34" East, 10.00 feet;
Thence, South 68 °25'46" East, 14.14 feet;
Thence, North 66 °32'36" East, 97.80 feet to the Easterly line of said parcel of land validated by Certificate of Compliance;
Thence, leaving said Tank Farm Road Right -of -Way as conveyed to the County of San Luis Obispo, in fee, along the
Easterly line of said parcel of land validated by Certificate of Compliance, North 23 °27'26" West, 20.00 feet;
Thence, leaving said Easterly line, South 66 °32'44" West, 252.38 feet;
Thence, on a tangent curve concave to the North, having a radius of 505.00 feet, an arc length of 216.95 feet, through a
central angle of 24 136'52 ";
Thence, South 88 °34'25" East, 58.01 feet to the Westerly line of said parcel of land validated by Certificate of Compliance;
Thence, along said Westerly line, South 01 °25'35" West, 20.00 feet to the True Point of Beginning.
Serial No. 0- 2228 - 309971
Page 8 of 11
ICJ
0
CLTA Standard Coverage Policy — 1990
SCHEDULE B
PART
EXCEPTIONS FROM COVERAGE
Order Number: 610574
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:
1. Taxes or assessments which are not shown as existing liens by the records of the taxing authority that
levies taxes or assessments on real property or by the public records.
Proceeding 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.
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 other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or 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) or (c) are shown by the public records.
Serial No. 0- 2228- 309971
Page 9 of 11
0
CLTA Standard Coverage Policy —1990
SCHEDULE B
PART I1
Order Number: 610574
An easement for the purpose shown below and rights incidental thereto as reserved in a document:
Reserved by: Carl Goetsch Jr. and Elsa Goetsch
Purpose: Road, public utilities and incidental purposes
Recorded: July 6, 1959 in Book 1009, Page 465 of Official Records
Affects: A portion of said land
A waiver in favor of the State of California of any claims for damages to said land by reasons hereinafter shown in
connection with a highway contiguous thereto, contained in the deed:
Recorded: August 15, 1975 in Book, 1848, Page 432 of
Official Records.
Reason: Location, construction, landscaping or maintenance
of a contiguous freeway, highway or roadway
3. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Grant To: The County of San Luis Obispo
Purpose: Drainage and incidental purposes
Recorded: February 21, 1991 in Book 3649, Page 162
of Official Records..
Affects: A portion of said land
No representation is made as to the present ownership of said easement.
4. An agreement to which reference is made for full particulars:
By and Between: Hidden Hills Mobilodge and Sonic Cable Television
of San Luis Obispo
Recorded: October 13, 1995, as Instrument No. 1995- 047242
of Official Records
An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Grant To: Pacific Gas and Electric Company
Purpose: Public Utilities and Incidental Purposes
Recorded: May 22, 1998, as Instrument No. 1998- 030595
of Official Records..
Affects: A portion of said land
No representation is made as to the present ownership of said easement.
Serial No. 0- 2228- 309971
Page 10 of 11
• •
CLTA Standard Coverage Policy —1990
Order Number: 61 0574
6. An easement for the .purpose shown below and rights incidental thereto as set forth in a document:
Grant To: County of San Luis Obispo, a political subdivision
of the State of California
Purpose: Public road and appurtenances and embankment
slopes
Recorded: August 12, 2005, as Instrument No. 2005067240
of Official_ Records.
Affects: A portion of said land
No representation is made as to the present ownership of said easement.
(End of Exceptions)
Serial No: 0- 2228 - 309971
Page 11 of 11
• •
Stewart Title Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution
provides you with a notice of its privacy policies and practices, such as the type of information that it collects about
you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty
Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliates third parties permitted by law.
We also may disclose this information about our customers or former customers to the following types of non
affiliated companies that perform marketing services on our behalf or-with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non- financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
Cuesta Title Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
•
Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution
provides you with a notice of its privacy policies and practices, such as the type of information that it collects about
you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of Cuesta Title Company
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we "receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended .Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliates third parties permitted by law.
We also may disclose this information about our customers or former customers to the following types of non
affiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non- financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you.. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
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HWNER, JEWELL & ASSIFIATES
Government Real Estate Services
a division of Beacon Integrated Professional Resources, Inc.
Ventura County Office: 4476 Market Street, Suite 601, Ventura, CA 93003
Tel: (805) 658 -8844 Fax: (805) 658 -8859
® San Luis Obispo County Office: 340 James Way, Suite 150, Pismo Beach, CA 93449
Tel: (805) 773 -1459 Fax: (805) 773 -2418
Writer's e-mail address: cspringford @hamner - jewell.com
October 27, 2008
David Hix
Wastewater Division Manager
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
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OCT 2 8 20U i I
CITY OF SA LUIS;, ;;ISPL�j
UTILIT:ES 0-
Subject: City of San Luis Obispo — Tank Farm Road Project
Acq. AN 076 - 381 -016 (Hidden Hills Mobilodge, L.L.C.)
Dear David:
Via Escrow Courier
We are pleased to inform you that everything has been completed on the Hidden Hills Mobilodge
acquisition. Enclosed for your files are (1) the recorded original Sewer Facilities Easement Deed
and (2) the Policy of Title Insurance.
We thank you for the opportunity to work with you and the City on this acquisition. If you have
any questions, please do not
Sincerely,
A.
to give us a call.
L7s-nij a
Enclosures: Sewer Facilities Easement Deed (original, recorded 8/28/08)
Policy of Title Insurance
RECEIVED
NOV 0 S 2008
SLO CITY CLERK