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D-361 Blk 100 Mission Vine. Parking Lot #4 Recorded 04/06/1959CERTIFICATE OF ACCEPTANCE D361 THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant dated March 26, 1959, from C.C. HUMPHREY and DOROTHY HUMPHREY, HAROLD F. KJAERBYE and BERNICE KJAERBYE, ROBERT H. PETERS, MERLYN CARPENTER and BERNICE CARPENTER to the City of San Luis Obispo, a Political Corporation, is hereby accepted by order of the City Council on February 16, 1959, .and-the grantee consents to recordation thereof by the City Clerk. DATE: April 6, 195_9 CITY OF SAN LUIS OBISPO .� kAyor ATTEST: �r Clerk ' M t, •RECORDFNG. 'REQUESTED BY WHEN RECORDED IL TO ge, 0/ ....... ... .... f ....... O f.... i %G°.... -= ...... rG .b .. ... '.. -- -------------- °--°--••---•----°-•-°-°-.............••••- ••--....-••-• -- °-.....•--------------------- Aw A0 VOL Past SPACE ABOVE T" ^ F«(1Rr'CP'C "tISE -, r Y AFFix I.R.S. $ - .- IN THIS S7 � �,• y�-i =�. .l -- - .. - -- , I� YM T C. C. HUMPHREY and DOROTHY HUMPHREY, husband and wife, an undivided quarter. -- inter- est; -- HAROLD- P. K AERBYE_ and BERNICE KJAERBYE, husband " -and wife, an undivided quarter interest; ROBERT H:. PETERS., a married man, as his sole and separate property, an undivided quarter interest,- -and MERLYN CARPENTER,, ; and BERNICE CARPENTER, husband and wife, an undivided quarter interest. VOL 992 PAS 58 hereby GRANT(S) to CITY OF SAN LUIS OBISPO the following described real property in the county of San Luis Obispo , state of California: The southwesterly 10 feet of lot 6, and the northeasterly 15 feet of lot 7 in block 100 of the Mission Vineyard Tract, in the city of San Luis Obispo, county of San Luis Obispo, state of California, according to map recorded March 8, 1873, in book.A page 143 of Maps in the office of the county recorder of said county. m�, 2` 22 V 0 "L 99A- ti:tficiai Fe„ords S::id LUIS 03iSPO COUL�.fTlf, CAL., Dated: .. - - -- March--- 2b .2• - -- 1959 STATE OF CALIFORNIA San Luis Obis o } SS. COUNTY OF .... P....... -.... On ..... aPr- 1 ..... 2A .............................................. before me, the under- signed, a Notary Public in and for said County and State, personally a pea red- .-__C._C.- Huaphrey,-Dorothy :Humphrey, Darold F.gjaerbye ,Ber-ic e _g,�aerb-ye, Robert H.P�e•t, r- 0.LMer1yn Carpenter . and Bern -t Q~ - dp- p")ter known to me .....• _ _ _ _ - - -: -w to be the perso$.:8:__ whose Tme, ;__g?!�9.' ubscribed to the within instrument atal a kiaowledged•tliut.,.: ,tee ... executed the same. 6, WITNESS m • , n official seal,-, _ (Seal) ... . .. .................... -- °-•-° y, Notigy 11ublieirrand fo7 said County a tate I/ executed by a G+tifpbY&Fdn the Corporation Form of =� " Acknowledgment must be used. -D •.398 -4 -58 i n A.PR; u - 19 J- 9 r County Recorder __Deputy'; Fee- $-_ndexe la`�'C�4;i- ae�ive--- • - - -�- �B"ern:ice - ... -------------------------------------------------------- - ert - eters C ter Bernice en TitleOrder No.-----•---••---------------•-----------•------------------------ 1 64353 -MER �- Escrow No-------------------------•-------------------------------------- •-------------- - - - - -- ALP 1 : LAD 1012 Outside Counties . 9 -56 (Except Ventura and Orange Counties) ' California Land Title Association Standard Coverage Policy Form Copyright 1950 Fee $ 100-00 POLICY OF TITLE INSURANCE �i '; ISSUED BY TITLE INSURANCE AND TRUST COMPANY OF LOS ANGELES Title Insurance and Trust Company, a corporation, of Los Angeles; California, herein called the Com pany, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, ., 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 the amount stated in Schedule A which the insured shall sustain by reason of: 1. Title to the land described in Schedule C 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 unmarketability exists because . of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title; existing at the date hereof, not shown or referred to in Schedule B; or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, 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 B, such mortgage or deed of trust being shown in the order of its priority in Part Two of Schedule B; all subject, however, to Schedules A, B and C and the Stipulations herein, all of which schedules, and stipulations are hereby made a part of this policy. _ J In Witness. Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its, duly authorized officers on the date shown in Schedule A. - TITLE INSURANCE' AND TRUST COMPANY by Attest &C! ov. ASSISTANT Page 1 1012A -B 9 -56 California Land Title Association SCHEDULE . A Standard Coverage Policy Form Copyright 1950 Amount $11,400.00 Date April 8, 1959, at 9:30 a.m. Policy No. 64353 INSURED CITY OF SAN LUIS OBISPO. The title to said land is, at the date hereof, vested in: CITY OF SAN LUIS OBISPO. SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in paragraphs numbered 4 and 5 on the first page of this policy. PART ONE: This part of Schedule B refers to matters which, if any such exist, may affect the title to said land, but which are not shown in this policy: 1. Taxes or assessments which are not shown as existing 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. Z. 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 said land, or by making inquiry of persons in possession thereof, or by a 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. Page 2 • • 1012B Cont. 9 -56 California Lund Title Association SCHEDULE B— (Continued) Standard Coverage PolicyForm rm Copyright 1950 PART Two: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the title to said land of to which said title is subject: 1. General and special county and city taxes for the fiscal year 1959 -1960; a lien not yet payable. 2. Second installment.general and special county and city taxes for the fiscal year 1958 -1959; County - Assessment No. 5354 in the amount of $73.65; City - Assessment No. 2096 in the amount of $19.88. 3. A 15 foot easement for vehicular and pedestrian traffic to and from Marsh Street, over a portion of said land, as granted to Howard N. Cookson and Ruth D. Cookson by deed recorded April 8, 1959. Said deed also recites "the term of said easement shall be from the date thereof through August 1971. Thereafter grantor shall provide an adequate vehicular and pedestrian easement from either Marsh Street, Pacific Street, Chorro Street or Morro Street to the rear portion of said property owned by grantee, which is further described as follows: The Northeasterly 40 feet of-Lots 6. Block 100, in the Mission Vineyard Tract in the city of San Luis Obispo." Page 3 1012C Outside Counties 9 -56 California Land Title Association SCHEDULE C Standard Coverage Policy Copyriglit 1950 Description of land, tide to which is insured by this policy: The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of Lot 7 in Block 100 of the Mission Vineyard Tract in the city of San Luis Obispo, county of San Luis Obispo, state of California, according to map recorded March'8, 1873, in book A page 143 of Maps in the office of the county re- corder of said county. EXCEPT therefrom any portion thereof included wi.thin.the lines of Marsh Street as widened. Page 4 1012D Outside Counties 9 -56 California Land Title Association Standard Coverage Policy Form Copyright 1950 1. SCOPE OF COVERAGE This policy does not insure against, and the Company will not be liable for loss or damage created by or arising out of any of the following.: (a) defects, liens, claims, encumbrances, or other. matters which result in no pecuniary loss to the insured; (b) defects, liens, encumbrances, or other matters created or occurring subsequent to the date hereof; (c) defects, liens, encumbrances, or other matters created or suffered by the insured claiming such loss or damage;. or (d) defects, liens, claims, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claim- ant acquired an estate or interest insured by this policy, unless such defect, lien, claim, enenmbrance 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 policv on the public records. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS OR CLAIMS TO BE GIVEN BY THE INSURED The Company at its own cost shall defend the insured in all litigation consisting of actions 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 litiga- tion 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 adverse to the title as insured or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, such insured shall notify the Company thereof in writing. If such notice shall not be given to the Company at least two days before the appearance day in any such litigation, or if such insured shall not, in writing, promptly notify the Company of any defect, lien, encumbrance, or other matter insured against, or of any such adverse claim which shall come to the knowledge of such insured, in respect to which loss or damage is apprehended, then all liability of the Company as to each insured having such knowledge shall cease and terminate: provided, however, that failure to so notify the Company shall in no case prej- udice the claim of any insured unless the Company shall be actually prejudiced by such failure. The Com- pany shall have the right to institute ttnd prosecute any action or proceeding or do any other act which, in its opinion, may be necessary 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 settlement, securing ev,.- dence, obtaining witnesses, prosecuting or defending such action or proceeding, to such extent and in such manner as is deemed desirable by the Company, and the Company shall reimburse the insured for any -p-se so incurred. The Company shall be subrogated it, and be entitled to all costs and attorneys' fees in. STIPULATIONS curred or expended by the Company, which may be recoverable by the insured in any litigation carried on by the Company on behalf of the insured. The word "knowledge" in this paragraph means actual knowledge, and does not refer to constructive knowl- edge or notice which may be imputed to the insured by the public records. 3. NOTICE OF LOSS. LIMITATION OF ACTION 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 such written statement. 4. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS The Company reserves the option to pay, settle or compromise for, or in the name of, the insured, any claim insured against or to pay this policy in full at any time, and payment 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 Company here. under, including all obligations of the Company with respect to any litigation pending and subsequent costs thereof. 5. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, it shall be subrogated to and be entitled to all rights, securities, 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 said payment bears to the amount of said loss. In either event the insured shall transfer, or cause to be transferred, to the Company such rights, securities, and remedies, and shall permit the Company to use the name of the insured in any transaction or litigation involving such rights, securities, or remedies. 6. OPTION TO PAY INSURED OWNER OF IN* DEBTEDNESS 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 secured by mortgage or deed of trust, to pay such insured the indebtedness of the mortgagor or trustor under said mortgage or deed of trust, together with all costs which the Company is obligated hereunder to pay, in which case the Com- pany 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 indebtedness there. by secured, and such payment 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 costa imposed upon the in.. sured in litigation carried on by the Company for the insured, and in litigation carried on by the insured with the written authorization of the Company, but not is otherwise. The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the insured and costs which the Company is obligated hereunder to pay, and in no case shall such total liability exceed the amount of this policy and said costs. All payments under this policy shall reduce the amount of the insurance pro tanto, and payment of loss or damage to an insured owner of indebtedness shall reduce, to that extent, the liability of the Company to the insured owner of said land. No payment may be demanded by any insured without producing this policy for indorsement of such payment. S. MANNER OF PAYMENT OF LOSS TO INSURED Loss under this policy shall be payable, first, to any insured owner of indebtedness secured by mortgage or deed of trust shown in Schedule B, in order of priority therein shown, and if such ownership vests in more than one, payment shall be made ratably 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 respec. tive interests may appear. If there be no such insured owner of indebtedness, any loss shall be payable to the insured, and if more than one, to such insured ratably as their respective interests may appear. 9. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "named insured ": the persons and corporations named as insured in Schedule A of this policy; (b) "the insured ": such named insured together with (1) each successor in ownership of any indebtedness. secured by any mortgage or deed of trust shown in Schedule B, 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 described in Schedule C or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agency or instrumentality acquiring said land under an insurance contract or guarantee insuring or guar• anteeing said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said land as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "land ": the land described specifically or by reference in Schedule C and improvements affixed thereto which by law constitute real property; (d) "date ": the exact day, hour and minute specified in the first line of Schedule A (unless the context clearly requires a different meaning); (e) "taxing agency ": the State and each county, city and county, city and district in which said land or some part thereof is situated that levies taxes. or assessments on real property; (f) "public records ": those public records which, under the recording laws, impart constructive notice of mat. ters relating to said land. 10. WRITTEN INDORSEMENT REQUIRED TO CHANGE POLICY No provision or condition of this policy can be waived or changed except by writing indorsed hereon or at- tached hereto signed by the President, a Vice Presi. dent, 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 Com- pany shall be addressed to it at the office which issued this policy. �d { i o° THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. 167 -B 8 -57 541- 1 -4 -27 3 -58. 011 l ;d Title Insurance and Trust Company FOUNDED 1893 1141 CHORRO STREET : P -O.. BOX 810 • SAN LUIS OBISPO, CALIFORNIA LIBERTY 3 -2900 JAMES F. CRAWFORD VICE PRESIDENT A MANAGER City of San Luis Obispo, California April 9, 1959 Re: Our Escrow No. 64353 Humphrey, et al Gentlemen: The above numbered escrow has been closed in accordance with instructions, and we enclose the following: (1) Statement showing receipts and disbursements. (2) Policy of title insurance. Your deed will be mailed to you from the Hall of Records as soon as it is copied. We thank you for the privilege of serving you in this matter. Very truly yours a . its Escrow Officer NER:lr encls. -2 HOME OFFICE LOS ANGELES 581255 (Partnership) STATE OF X-- } SS. COUNTY O; X-- aJ On- before me(/the undefsigned, a Notary Publi in and fer sa'd County and State, pers onally - appeared..�!!��tdLl� -�••n I -- -- .— known to me to the paAJn ..-of t;iep'^artnerbh�'pp that executed the within instrument, and ac]moAil ed• t2: mew„ th' strcb partnership executed the same.' WITNESS my hand By i' ;0-p ;�` ?,'' 394"M' ~ 1 .sy . , �i. S� % m�:rssic `ter,, �l Sed) � _ _ Notary Oulhikin and for sai nnty andtate -. '58 12 -55 (Partnership). -STATE OF CALIFORNIA SS. COUNTY of San Luis Obispo March 262 1959 before me, the undersigned, a Notary Public inand for said County and State, personally appeared ....- G...C....- .UTAP-}l5X-P—Y - and_--- - - ---. .._.. IIor0rh V - 'HI lmpj=-QX ....... _..._... : ' . . �.,.;r.7 .......... -- = , ..,t , .. . , known to me to be ..... t%TII ..................... of Atli$ '&A rs. of the partner rip that executed the within instrument, and..44gp fvledgea'to" me t " ch partnership executed the same. WITNESS m and official sew (Seal) ..._.... _..... - . .................:....... ...'.-......... .............. -- Notary Public in and for said County azid State