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HomeMy WebLinkAboutD-524 Corner Of Broad And Monterey Streets1I 10 11' 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 32 FRED A. SCHENK. JR. ATTORNEY, AT LAW 745 SIXTH STREET MORRO BAY. CALIF.. SPeuce 2 -6360 D E E D yvoL1300 PAGE526 I. R. S. $8.80 In consideration of the sum of $$,000.00, receipt of which is hereby acknowledged, 3, MABEL H. DERBY, as executrix of the will of Alex T. Carlberg, deceased, pursuant to the order of the Superior Court of the State of California, in and for the County of San Luis Obispo, made in the matter of the Estate of Alex T. Carlberg, deceased, proceeding number 10,941, on May 11, 1964, confirming sale of real estate and directing the execution of a conveyance, hereby grant to the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION, all right, title, interest and estate of the decedent at the time of his death and all right, title and interest that the estate may have subsequently acquired by operation of law or otherwise in and to the real property situated in the County of San Luis Obispo, State of California, described as follows: That portion of Block 10 of the City of San Luis Obispo, in the county of San Luis Obispo, State of California, more particularly described as follows: Beginning at the most westerly corner of said Block 10; thence South 36D 53' East along the southwesterly line of said Block, 55 feet to the most westerly corner of the land conveyed to Richard M. Fuererbacher et ux, by deed dated July 26, 1952, and recorded. August 1,1952, in book 668, page 175 of Official Records; thence North. 530 07' East along the northwesterly 2ine of the land so conveyed, 25 feet to the most northerly corner thereof;, thence North 360 53' West and parallel with the southwesterly line of said Lot, 55 feet to the northwest- erly line of said Block; thence South 53° 07' West along said northwesterly line 25 feet to the point of beginning. Dated: May nl , 1964. Mabel H. Der y, as ecutrix of the will of Alex T.Carlb rg, deceased q Ir cj:.- CF) �4. I P 524 71 81 9 10 11' 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 32 FRED A. SCHENK. JR. ATTORNEY, AT LAW 745 SIXTH STREET MORRO BAY. CALIF.. SPeuce 2 -6360 D E E D yvoL1300 PAGE526 I. R. S. $8.80 In consideration of the sum of $$,000.00, receipt of which is hereby acknowledged, 3, MABEL H. DERBY, as executrix of the will of Alex T. Carlberg, deceased, pursuant to the order of the Superior Court of the State of California, in and for the County of San Luis Obispo, made in the matter of the Estate of Alex T. Carlberg, deceased, proceeding number 10,941, on May 11, 1964, confirming sale of real estate and directing the execution of a conveyance, hereby grant to the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION, all right, title, interest and estate of the decedent at the time of his death and all right, title and interest that the estate may have subsequently acquired by operation of law or otherwise in and to the real property situated in the County of San Luis Obispo, State of California, described as follows: That portion of Block 10 of the City of San Luis Obispo, in the county of San Luis Obispo, State of California, more particularly described as follows: Beginning at the most westerly corner of said Block 10; thence South 36D 53' East along the southwesterly line of said Block, 55 feet to the most westerly corner of the land conveyed to Richard M. Fuererbacher et ux, by deed dated July 26, 1952, and recorded. August 1,1952, in book 668, page 175 of Official Records; thence North. 530 07' East along the northwesterly 2ine of the land so conveyed, 25 feet to the most northerly corner thereof;, thence North 360 53' West and parallel with the southwesterly line of said Lot, 55 feet to the northwest- erly line of said Block; thence South 53° 07' West along said northwesterly line 25 feet to the point of beginning. Dated: May nl , 1964. Mabel H. Der y, as ecutrix of the will of Alex T.Carlb rg, deceased q Ir cj:.- CF) �4. I P 524 RESOLUTION NO. 1294 (1964 Series) A F ESOLUTION AUTHORIZING ACCEPTANCE AND RECORDING OF PROPERTY FT,-Q1-V. ALEX T. CAI,LBUF.G ESTATE, VOLT JUU PAGE04C B E I T F, E S O L V E D by the Council of the City of San Luis Obispo as follows: 1. That that certain parcel of property located at the corner of Broad and Monterey Streets in the City of San Luis Obispo, described as: That portion of Block 10 of the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to the map recorded May 1, 1878 in Book A, Page 168 of Maps in the office of the County Recorder of said County, described as follows: Beginning at the most westerly corner of said Block 10; thence South 360 53 East along the southwesterly line of said Block 55 feet to the most westerly corner of the land conveyed to %ichard N— Fuererbacher, et ux. , by deed dated July 26, 1952 and recorded August 1, 1952. in Book 668, Page 175 of Official Ilecords; thence North 53° 07' East along the north- westerly line of the land so conveyed, 25 feet to the most northerly corner thereof; thence North 36° 53' vilest and parallel with the southwesterly line of said Lot 55 feet to the northwesterly line of said Block; thence South 53° 07' West along said northwesterly line 25 feet to the point of beginning, shall be and is hereby accepted and the 1F:ayor is hereby directed to record the deed describing said parcel in the Office of the County Iecorder. PA S S E D A N D A D 0 PT E D this 25th day of May, 196.4, by the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None _C :C /s/ CLAY P. DAVIDSON Oc iv- A Y O R Zc Cr. r ATTEST: /s/ J. H. FITZPATRICK CITY CLERK F, C • I, J. H. FITZPATRICK, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 1294 (1964 Series), passed and adopted on the 25th day of May, 1964, by the City Council of the City of San Luis Obispo. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of June, 1964. Ofty, 4z fir• � r � �'�, � s � .�': �, i �� e VOL13UU PAGE5� ow " Document No 1320 R° °�II�ANCF_.AJ�J_� ..IT�.__ _..:.OF AT............... T.- - -� VOL ... 1-__5 .QCA....0 1 R. P ._.,5.3.Ca- _ -...: SAN LUIS OBISPO COUNTY, CAL. JUH - 81964 (2.x un r er _ B EPut➢ Fee $. .......__......Indexed COMPARED & • June 11, 1964 Mr. Joseph Barrett County Tax CoileMr Courthouse San Luis Obispo, California Re: Carlbzarg Estate parcel Dear Mr. Barrett: You are hereby named that the City of San Luis Obispo, a municipal corporation, acquired title to the property shown on the enclosed description from the estate of Ales T. Cariburg on June 8, 1964. According to our records, the County Assessor's number is Code Area 00300, Rtrcel Number 02- 423 -29 -0. Kindly correct your records to indicate this transfer and cancel the general and special County taxes for the fiscal year 1964-65, a► lien not yet payable. very truly youtre I Wm. M. Houser, Jr. City Attorney cc: Couray Auditor County Assessor 3. H. Fitzpatrick FRED A. SCHENK, JR. ATTORNEY AT LAW Is la.F=s".awR.F.6 745 Sixth MORRO BAY, CALIFORNIA SPRUCE 2 -B36O June 1, 1964 Mr. William M. Houser, Jr. City.:.•gttornej, 990 Palm San Luis Obispo, California Re: Carlberg Estate, No. 10941 Dear Bill: Miss Derby, the administratrix, says the tenant in the property the city purchased moved out on March 26, and that the house has been vacant since that time. Inasmuch as there was a pending sale, she didn't make further effort to rent the same, as she was not sure just what use the City intended to make of the property. There.is a refund due the.estate for prepaid taxes, however. The 2nd installment.of county taxes on the property is $35.96, and of city taxes is $7.57. I enclose photocopy of billings. Order confirming sale was signed on May 11, so the City would owe taxes from May 12 -June 30, or 1.6 months of the total' 6 months' taxes of $43.53• I fi ure, then, that the city owes the estate a total of 11.61 in prorated taxes. Incidentally, the house is presently insured for $5,000. with Phoenix Insurance Compan (Atkinson & Hollister). However, this is a joint policy for 10,000., and includes another estate dwelling thereon insured at $5,000. The total cost of this insurance is $20.25 for 3 year period, 5/31/62 - 5/31/65. I think in this particular instance it might be better if the City got its own policy, and we could then cancel out ours, as we are going to have to cancel out the coverage on the other dwelling anyway. At any rate, let me know what you decide., If you wished to continue this coverage, we could prorate the $20.25.;- in which case the City would owe about $7.08 for the one year and .6 months' coverage-from May 12,1964 -Map 31,1965. If you do obtain other insurance, let me know immediately, so we can cancel out our policy. FAS;js C `Fred A.Schenk,Jr. CITY OF SAN LUIS COSPO CALIFORNIA TAX STATEMENT 19634964 FOR FISCAL YEAR —JULY 1, 1963 TO JUNE 30, 1964 ASSESSOR'S MAP PARCEL No. ASti13.5913D TO Eat Alex T Carlberg % Mabel He Derby �FF L CU*T2 I `F P 0 Box 141 Morro Bay, Calif A G G E S S E D V A L U R G r Ne o 1.605 THIS STATEMENT MUST BE RETURNED YvITH YOUR PAYMENT. IT IS YOUR RECEIPT WHEN PROPERLY STAMPED. If you have disposed of property please forward tax bill to new owner or return to this office. FIRST INSTALLMENT SECOND INSTALLMENT Due --No*. 1, 1963 Due—Jan. 20, 1964 Delinquent— Delinquent- 6 p.m., Dec. '10, 1969 5 p.m., April 10, 1964 Make All Payments to CITY TAX COLLECTOR City Hall, 990 Palm Street Mailing Address, P. 0. Box 1328 Son Ws Obispo, Calif. LARD INPI OVeNENY PERCONAL TOTAL VALUE VALUE PROPERTY EXEMPTION$ VALUE 630 380 1 "0I 0 QOVALEvAttPAYeRS HAVE Tae U. TAX TOTAL 1st INSTALLMENT 2nd INSTALLMENT' — --------- .— . - - - - -- - - -- - OPTION -- OF PAYING MTN INSTAWAM NTS WHEN FIRff INSTALL- t $AMY IB PAID. �.� �y 7� ® 7,5 DELINQUENT PENALTIES DELINQUENT PENALTIES • 6% Penalty 6% Penalty TOW 1st rj ` otal 2nd Installment aliment W,R 1964 1 cA� G 10 TOTAL TAXeS, r o s l s, o ��LtiL PENALTIES ��8z1Z �Iy aI COSTS CASHIER'S RECEIPT CASHIER'S RECEIPT FIRST INSTALLMENT SECOND INSTALLMENT CDOE AREA I PARCEL NUNOER TAX GENERAL COUNTY SCHOOL CITY 0030,002 :423:29 01 GI,TRIO yUTIO`N 000022 :7300004797 SAN LUIS O B I S P O COUNTY TAXES RETURN ENTIRE STATEMENI FISCAL YEAR BEGINNING JULYCI 1963 S ENDING JUNE 30, 19 WHEN MAKING PAYMENT /,17 TO NES A R` 81 R C A T Af e6 y, �/ _ TO / �� /� /0® �.f Ii C MAKE ALL CHECKS PAYAELE TO: S /%t7A�ioE J. E. BARRETT COUNTY TAX COLLECTOR SAN LUIS OBISPO, CALIFORNIA TAN v IRioRtlATIaN . .. SEE REVERSE SIDE FOR IMPORTANT INFORMATION SEE NO. BON �r 6301000 O0 36 01 I REVERSE SIDE 1 LAND VALUE IMPROVEMENT VALUE I HOUSEHOLD s PERS- PROP, VALUE 4► OTHER COO EXEMPTION * ".a OjjR N: O n• ¢E. I TA■ R1 T V2 1 i 10 7:12 -- - _ l AX AMOUNT TO BE PAiD 1010 NET VALUE 7191 1 3596 3595 7 1:9 1 N 3 5:9 6 3 5:9 - PEN 6% PEN. a ^• PEN. COST COST Q� TOTAL TOTA�_A ^ TOTAL TOTAL SECOND - 6 ST,r��'. MAF. 3 0 0I 24 2, z;2 9:n ! 6 5 R _ BILL NO CC!C; E' AREA �— PARCEL NUMBER May 19, 1964 Mr. Fred Schenk Attorney at Law 745 - 6th Street Morro Bay, California Re:- Estate of Alex T. Carlburg - No. 10941 Bear Fred: Enclosed is a City warrant in the amount of $8, 000.00 in favor of the subject estate. You are authorized to cash the warrant when the title company notifies you that they are recording the deed and issuing the title policy in favor of the City of San Luis Obispo. The City of San Luis Obispo will pay all tine title fees. Thank you for your cooperation in this matter. Sincerely, Wm. M. Houser, Jr. City Attorney WMH:kd Enclosure cc: Director of Finance< ----- IN-1 FR E D A. -1 E J K, J R. • ATTORNEY AT I \W S.G.&�wtTa.tzz 7k 5 Sixth MORRO BAY, CALIFORNIA SPRUcE 2 -8360 May 18, 1964 Mr. William M. Houser, Jr. City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo,California Re: Carlberg property Dear Bill: I have the order confirming sale and deed and am awaiting the receipt of the City's $$,000. Incidentally, I presume the City will get its title policy from Title Insurance, so I will forward the order and deed . on there upon receipt of the $8,000 I enclose attested copy of order confirming sale for yoijr information. `Sincerely FAS;js , re,Schenk,Jr. � , Encl u • • 4 M 7 Al N, 10 11 12 13 14 15 16 17 18 19 20 21' 22 •23 24 25 26 27 28 29 30 31 32 FRED A. HCNENK. JR. ATTORNEY AT LAW 746 SIXTH STREET MORRO BAY. CALIF. SPRucE 2 -6860 FRED A. SCNK 2JR 745 Sixth Street Morro Bap, California 772 -8i6a Attorney for Petitioner (ENDORSED) FIT UED MAY It 1964 IL L fi %A oun.1y Clerk er DEPUTY CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOP, THE COUNTY OF SAN LUIS OBISPO Estate of ALEX T. CARLBERG, No. 10,941 Deceased j ORDER CO FIRMETNG SALE OF �.,.:... �--------- - - - - -- --- REAL PROPERTY The verified return of sale and petition of executrix of the will of Alex T. Carlberg, deceased, for confirmation of sale of real property hereinafter described, came on tYds day regularly for hearing. The Court finds: Due and legal notice of the hearing on the return and petition has been &'ven for the period and in the manner prescribed by law. After due publication of notice of sale the executrix ,sold on April 28', 1964, at private sale the Teal property hereafter described, belonging to the estate to the CITY a municipal corporation, in OF SAN LUIS OBISPO d California, .for the su` of $8,000. cash in lawful money of the United States of America, subject to con- firmation of sale by this +court, taxes, rentals and insurance acceptable to purchaser thereon to be prorated ae of the date .hereof, and any title insurance policy to be at purchaser's expanse. The sale was made subject to current takes, covenants, conditions, restrictions, reservations, rightus, rights of gray and easements of record, The sale was-legally, made and fairly conducted, and notice of the time, place and terms of sale was liven as prescribed by law. Good reason existed for the sale. The real property has been appraised within one year of the i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' •23 24 25 26 27 28 29 30 31 32 FRED A. SCHENK. JR. ATTORNEY AT LAW 746 SIXTH STREET MORRO BAY. CALIF. SPRUCE 2 -8860 r i sale. The sum offered at Said sale is at least 90% of such appraised value, and the sum bid is not disproportionate to the value of the property sold, A sum exceeding the bid by at least lQ o, exclusive of the expenses of a new sale, cannot be obtained. No real estate broker was employed to secure the purchasers of the property. The executrix should file herein an additional bond by reason of the sale in the sum of $7,500., if issued by an authorized surety oompa.ny, otherwise in twice that sum; provided, however, that if $7,500. proceeds from this sale shall be placed by executrix into a restriot:.ve savings account at Security First National BaDk, Morro Bay, California.,. in the name of "Estate of Alex T.Carlberg," subject,to withdrawal only upon order of this court, then no additional bond need be given by reason of this ♦sale. IT IS ORDERED AND ADJUDGED that: 1. The sale so made of the estate's interest in the real property hereafter described.to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, in California, is confined; and upon .receli.pt of the purchase price the executrix of'the decedent's will is authorized and directed to execute and deliver a deed of conveyance thereof to the purchaser, City of San Luis Obispo, a Municipal Corporation. The real property is described as follows: In San Luis Obispo County, California.: That portion of Block 10 in the City of San Luis Obispo, Coi:nty, of San Luis Obispo, State of California, more particularly described as follows: Beginning at the most Westerly corner of said Block 10; thence South 360 53' East along the Southwesterly lime of said block 55 feet to the most westerly corner of the land conveyed to Richard M. Fauerbacher et tax, by deed dated July 26, 1952, and recorded August 1, 1952, . in Book 668 at page 175 of Official Records; thence North 53' 07' East along the Northwesterly line of the land ao conveyed, 2.5 feet to the most northerly corner thereof; thence North 36 53' West, and parallel with the Southwesterly line of said lot, 55 feet to the northwesterly line of said block; thence South 530 07' West along said northwesterly line -2- i 1 2 3 4 5 6 7 8' 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 •23 24 25 26 27 28 29 30 31 32 FRED A. SCNENK. JR. ATTORNEY AT LAW 745 SIXTH STREET MORRO BAY. CALIF. SPRUCE 2.8860 25 feet to -the point of beginning. 2. Rentals, taxes and insurance acceptable to the purchaser on said property shall be prorated as of the mate hereof, and the executrix is authorized to pay the oost of revenue .stamps. .3. Any title: insurance policy on the real property shall be borne bp'th-e.purbhasers. 4. The executrix should file an additional bond herein by reason of the sale in the amount of $7,500.1 if issued by an authorized surety company, obhtrwise in twice that sum; provided, however, that it $7,500. proceedo from this sale . §hall: be placed by executrix into a restrictive- savings account at Security First National Bank, bbrro Bay, California, in the name of "Estate of Alex T. Earl.berg,n subject to withdrawal only upon .order of this court, then no additional band need be given by reason of this sale. Dated: YAy 110 1964, and signed My 1964 RICHARD K HARRIS J edge 11 21 3 4 f� Deceased ) ORDER CONFIRMING SALE OF 6 - - - - -., r_..----- --- ------ - - - - -- REAL PROPERTY The verified return of sale and petition of executrix of 7 the will of Alex T. Carlberg, deceased, for confirmation of sale c: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 •23 24 25 26 27 28 29 307 31 32 FRED A. SCHENK. JR. ATTORNEY AT LAW 745 SIXTH STREET MORRO BAY. CALIF. SPRUCE 2 -8860 r� �T i F Y - VOJ300 PAGE523 Return for FRED A. SCHENK ,JR 745 Sixth Street Morro Bay, California 772-360 Attorney for Petitioner FILED .MAY 1 l 1964 L E m uun, county Clerk BY—== CLaK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO Estate of ALEX T. CARLBERG, ) No. 10,941 Deceased ) ORDER CONFIRMING SALE OF - - - - -., r_..----- --- ------ - - - - -- REAL PROPERTY The verified return of sale and petition of executrix of the will of Alex T. Carlberg, deceased, for confirmation of sale of real property hereinafter described, came on this day regularly for hearing. The Court finds: Due and iegal,notice of the hearing on the return and petition has been given for the period and in the manner prescribed by law. After due publication of notice of sale the executrix sold on April 28, 1964, at private sale the real property hereafter described, belonging to the estates to the CITY a municipal corporation. in OF SAN LUIS OBISPO, /California, for the sum of $$,000. cash in lawful money of the United States of America, subject to con- C_- z firmation of sale by this Court, taxes, rentals and insurance acceptable to purchaser thereon to be prorated as of the date hereof, and any title insurance policy to be at purchaserts expense. The sale was made subject to current taxes, covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. � The sale was legally made and fairly conducted, and notice of the time, place and terns of sale was given as prescribed by law. Good reason existed for the sale. Tha real property has'been appraised within one year of the 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 rRED A. SCHENK. JR. ATTORNEY AT LAW 745 SIXTH STREET MORRO BAY, CALIF. SPRUCE 2 -8860 vaL1300 PacE529 sale. The sum offered at said sale is at least 90� of such appraised value, and the sum bid is not disproportionate to the value of the property sold. A sum exceeding the bid by at .least 1%�, exclusive of the expenses of a new sale, cannot be obtained. No real estate broker ryas employed to secure the purchasers of the property* The executrix should file herein an additional bond by reason of the sale in the sum of $7,500., if issued by an authorized surety eompang, otherwise in twice that sum; provided, however, that if $7,500. proceeds from this sale shall be placed by executrix into a.restrictive savings account, at Security First National Bank, Morro Bay, California, in the name of "Estate of Alex T.Carlborg,° subject to withdrawal only upon order of this court, then no additional bond need be given by reason of this sale. IT 13 ORDEM AND ADJUDGED that: 1. The sale so made of the estate's interest in the real property hereafter described to the CITY OF SAN LUIS OBISPO, a 2�Suuicipal Corporation, in California, is confirmed; and upon receipt of the purchase price the executrix of the decedent's will is authorised and directed to execute and deliver a deed of conveyance thereof to the purchaser, City of San Luis Obispo, a Vlnieipal. Corporation, The real property is described as follows: In San Luis Obispo County, California: That portion of Mack 10 in the City of San Luis Obispo, Bounty of Saar Luis Obispo, State of California, more particularly described as follows: Beginning at the most Westerly corner of said Block 1,0; thence South 360 53 ! :East along the Southwesterly line of said block 55 feet to the most westerly corner of the land conveyed to Richard M. Fenerbacher et ux, by deed dated July 26, 1952, and recorded August 1, 19529 in Book 668 at page 175 of Official Records; thence north 530 07' East along the Northwesterly line of the land ao conveyed, 25 feet to the most northerly corner thereof; thence Forth 360 53' Wiest, and parallel with the Southwesterly line of said lot, 55 feet to the northwesterly line of said block; thence South 539 07' Vest along said northwesterly line -2- C c a M G� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 '30 31 32 FR6O A. SGNCNK, JR, ATTORNEY AT LAW 746 SIXTH STREET MORRO BAY. CALIF. SPRUCE 2:8880 - VOL13UU PAEE525 25 feet t,o the point of beginning, 2. Rentals, taxes and insurance acceptable to the purchaser on said property small be prorated as of the date hereof, and the.executrix.is authorized to pay the cost of revenue stamps. 3. Any title insurance policy on the real property shall be borne by the purchasers. 4. The executrix should .file an additional bond herein by reason of the sale in the amount of $7,500., if issued by an authorised surety company, otherwise In twice that sum; provided, however, that if $7,500, proceeds from this sale shall be placed by executrix into a restrictive savUgs account at Security First Mati.onal B=.k, Morro Bay, Miforni.a, in the name of "Estate of Alen T. Carlberg," subject to i4thdrawal. only upon order of this court, then no additional band need be given by reason of this sale. Dated: -May 11, 19641 and signed Peas /, 1964. RICHARD F. HARIM �3u, e STATE OF C At# N XI, COUNTY, OF. rS'IR1S�0 I, A. E lu�al h;,` 040 CIBfk 0 th¢. ;e4ffed County,: and q- 0tfeib 'Clerk of"the 's4p;14.'.Court thereof, ;do hey�i#ec�ify'.that' ihs;iaregm is a full, true and eorreci6 ,opy., of the` .d�iganal �l� ���(y' in. my office, and t"(T, at efultq�.cossparad the same with the original. Witn�ess, .my hand and seat of said Superior Court this / f _day A.. E. MALLH County - Clerk and Ex-Officio Superior Court � -- - - - - -- Deputy Clerk Document No.. — ...... 2WT OF AT __ ____ i...� von.- LAP.o ..... O J R. P...5.7.L3 ........ 3 SAN i.UIS ®©1:31110 COUNTY. CAL JUP 8 1964 `,e rr� rder B P.utY. Fes .• -- - _.,_indexed COM PARM TO 1012 -1 F C California Lo"d Title Association Standard Coverage Policy Form Copyright 1963 -6 FOUNDED TI IN 1893 i POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisess, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount .stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketabiliry of such title; or 3. Any defect in the execution of any mortgage- shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or_ charge of said mortgage upon the estate or. interest referred to in this policy; or -f. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, howev_er to- the provisions of Schedules A, B and C and to the Conditions and Stipulations hereto annexed- ` I, %, AND ' t gyp. ••.... ��'•.�o�r.E is P,?c.�• r +•, •.� � an�W- iin�.sshereof, Title Insurance and Trust Company has caused its ;}cco orate riame.aYd seal to be hereunto affixed by its duly authorized officers LAJ ;L _'_' =r 4onZ"ihe_ "date, s wn in Schedule A. 21 8 60 ATE ;5 G�0104111` `4NGELES,r'P= Title Insurance and Trust Company by r PRESIDENT Attest GLP,,,1 tv-x,,� SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land ": the land described, specific- ally or by reference; in Schedule C and improvements affixed thereto which bylaw constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "knowledge ": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date ": the effective date; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument; and (f) "insured ": the party or parties named as Insured, and if the owner of the in- debtedness secured by a mortgage shown in Schedule B is named as . an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustees sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, subject otherwise 'to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipula- tions hereof.. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reasons of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless this policy specific- ally provides that such property, rights or easements are insured, except that if the land abuts upon one or more. physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac quired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3 ) resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge. 4. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO. BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mort- gage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mort- gage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance in- sured against by this policy, and may pur- sue any litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in case knowledge shall come to the In- sured of any claim of title or interest which is adverse to the title of the estate or in- terest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the in- debtedness secured by a mortgage covered by this polity, or, if an Insured in good faith leases or contracts to sell, lease or . mortgage the same, or if the successful bidder at a foreclosure sale under a mort- gage covered by this policy refuses to pur- chase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or plead- ings or if the Insured shall not, in writing, promptly notify the Company of any de- feet, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing. promptly notify the Company of any such rejection by reason of claimed un- marketability of title, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this polity per- mits of requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de- fense in 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 Com- pany the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting or defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. 5. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 4(b), 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 determined, and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a con- clusive bar against maintenance by the In- sured of any action under this policy. 6. OPTION TO PAY, SETTLE, OR COMPRO- MISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of (Conditions and Stipulations Continued and Concluded on Lost Page of This Policy) TO 1012 AB C California land Title Association Standard Coverage Policy Form Copyright 1961 Amount $ 8 , 000 .00 SCHEDULE A Effective Date June 8, 1964 at 8:00 A.M. INSURED CITY OF SAN LUIS OBISPO, a corporation. Premium $ 80. 00 Policy No. 80655 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF SAN LUIS OBISPO, a municipal corporation. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. qw TO 10128 Cont. C California Land Title Association Standard Coverage Policy Form Copyright .1961 . . . B — (Continued) C H PART II 1. General and special county and city taxes for the fiscal year 196465, a lien not yet payable. TO 1o12C OC -1056C OC C American Title Association Loan Policy Additional Coverage—October, 1960 or California Land Title Association Standard Coverage Policy-1961 SCHEDULE C The land referred to in this policy is described as follows: That portion of Block 10 of the city of San Luis Obispo, in the city of San Luis Obispo, county of San Luis Obispo, state of California, according to the map recorded May 1, 1878 in book A page 168 of Maps, in the office of the county recorder of said county, described as follows: Beginning at the most westerly corner of said block 10; thence South 360 53' East along the southwesterly line of said Block, 55 feet to the most westerly corner of the land conveyed to Richard M. Feuerbacher, et ux., by deed dated July 26, 1952 and recorded August 1, 1952 in book 668 page 175, Official Records; thence North 530 07' East along the northwesterly line of the land so conveyed, 25 feet to the most northerly corner thereof; thence North 360 53' West and parallel with the southwesterly line of said lot, 55 feet to the northwesterly line of said block; thence South 530 07' West along said northwesterly line 25 feet to the point of beginning. ri IA ONT ERE' n153° 07 E CONDITIONS AND STIPULATIONS (Continued and _Concluded From Reverse Side of Policy Face) the full amount of this polity, together Nvith all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or '(2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this polity the loss or damage shall be pay- able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured 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 pay- ment to the Insured under this policy. The provisions of this ,paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT . Whenever the Company shall have settled a claim under this polity, all right of sub- rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty 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 and remedies in the proportion which said pay- ment bears to the amount of said loss. If loss should result from any act of the In- sured, such 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 hereunder which shall ex- ceed the amount, if any, lost to the Com- pany by reason of the impairment of the right of subrogation. The Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured 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 mortgage, or release any col- lateral security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a' Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home Office, 433 South Spring Street, Los Angeles 54, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. T� Title Insurance and Trust Company FOUNDED IN 1893 ^O r W F�1 E"+ rW V z V1 zu o y � v W , .� tl a � c o d o Oy � flNy L .3 � Q � Ol AO tl O U o H EM4 d '" tl � v O � d AO U G O O L � N r L C7 .[ V .tl � 0 ay �U 0 u� � o d d H Cd G V O U 0 a X1 O a C Oy C y G L U o 6. � O u o ?—I c eC Cd G V O U 0 a X1 O a C REUTRN.TO.: Fred A. Schenk Jr. Attorney at Law-- 745 Sixth Street Marro Bay, California