HomeMy WebLinkAboutD-787 Mission Plaza Recorded 05/27/1968STATE OF CALI�ORNI
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COUNTY, 6"') T SS.
a On Z before me,
R the unde igned, a Notary Pubbc in and for said County and State,
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instrument and acknowledged that 7 executed the same.
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L T Name (Typed or Printed)
fNotary Public in and for said County and State
VOI1477 PAGE 437
FOR NOTARY SEAL OR STAMP
7 -0001VES LO
IWARY- PUBLIC • CALIFORNIA
d{RI NCI PAL. OFFICE. }N
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M1I. ;ry RECORDING REQUESTED P=
AND WHEN RECORDED MAIL TO
NAME City of San Luis Obispo
990 Palm Street
ADDRESS San Luis Obispo, Calif. 93401
CITT &
STATEI J
Title Order No Escrow No
MAIL TAR STATEMENTS TO
'NAME same as above
ADDRESS
CITY &
STATE L J
of San Luis Obispo
10154 LVOL1477 PACE.436
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
L -1 THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
AFFIX I.R.S. $4.:Y2 ..............
ARTHUR FRANCIS WARDEN and CLEO CA WARDEN, husband and wife; and
THOMAS W. NORTON and ELEANOR &NORTON, husband and wife,
hereby GRANT(S) to CITY OF SAN LUIS OBISP02 a municipal corporation
the following described real property in the City of San Luis Obispo
county of San Luis Obispo ,.state of California:
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 map filed for record
May 11, 1878, in Book A, at page 168 of Maps, in the office of the County Recorder of
said County, described as follows:
Beginning at the centerline of Chorro Street, 50 feet wide, with the Northeasterly -
prolongation of the Southeasterly line of Monterey Street, as said Streets are shown
on said map; thence South 53° 07' West, 202 feet to the true point of beginning; thence
South 360 53' Fast, 41.48 feet; thence South 80° 00' West, 22.42 feet; thence North
360 53' West, 31.34 feet to the Southerly line of Monterey Street; thence North 530 07'
East along said line 20 feet to the true point of beginning. -
STATE OF CALIFORNIA
COUNTY OF SaIl Luis ObiSPn SS.
On April 19, 1968 before me, the under-
signed, a Notary Public in and for said County and State, personally
aWa d Arthur F4'sncis Wardpn and rlPn r-
known to me
to be the person 9 —whose name S aT"P subscribed to the within
instrument and acknowledged that theme — executed the same.
Signature of Notary
WANETA KURD
lay Commission EImiras Juno 11, 1968
Name (Typed or Printed) of Notary
FOR NOTARY SEAL OR STAMP
WA14ETA HURL!
.,; NOTARY PUBLIC
SAN LUIS OBISPO COUNTY
CALIFORNIA
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6 pt. ,,.,, tAV c ATFURNTS As ntRECTED ABOVE
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ARTHUR FRANCIS WARDEN and CLEO CA WARDEN, husband and wife; and
THOMAS W. NORTON and ELEANOR &NORTON, husband and wife,
hereby GRANT(S) to CITY OF SAN LUIS OBISP02 a municipal corporation
the following described real property in the City of San Luis Obispo
county of San Luis Obispo ,.state of California:
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 map filed for record
May 11, 1878, in Book A, at page 168 of Maps, in the office of the County Recorder of
said County, described as follows:
Beginning at the centerline of Chorro Street, 50 feet wide, with the Northeasterly -
prolongation of the Southeasterly line of Monterey Street, as said Streets are shown
on said map; thence South 53° 07' West, 202 feet to the true point of beginning; thence
South 360 53' Fast, 41.48 feet; thence South 80° 00' West, 22.42 feet; thence North
360 53' West, 31.34 feet to the Southerly line of Monterey Street; thence North 530 07'
East along said line 20 feet to the true point of beginning. -
STATE OF CALIFORNIA
COUNTY OF SaIl Luis ObiSPn SS.
On April 19, 1968 before me, the under-
signed, a Notary Public in and for said County and State, personally
aWa d Arthur F4'sncis Wardpn and rlPn r-
known to me
to be the person 9 —whose name S aT"P subscribed to the within
instrument and acknowledged that theme — executed the same.
Signature of Notary
WANETA KURD
lay Commission EImiras Juno 11, 1968
Name (Typed or Printed) of Notary
FOR NOTARY SEAL OR STAMP
WA14ETA HURL!
.,; NOTARY PUBLIC
SAN LUIS OBISPO COUNTY
CALIFORNIA
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6 pt. ,,.,, tAV c ATFURNTS As ntRECTED ABOVE
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VOL1477 PACE 438
CERTIFICATE OF ACCEPTANCE
C t s s s 0 s s s•• f s s•
THIS IS TO CERTIFY that the interest in real property conveyed
by the deed dated April 18
19 68 , from Arthur Francis Warden and Cleo C. Warden, husband
and wife, and Thomas W. Norton and Eleonore Norton, husband
and wife
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded May 26, 1959, in Volume 1002, Official
Records, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date: May li, 1968
CITY OF SAN LUIS OBISPO
By '/y --; "&14�'
ATTEST: Mayor
as
/ -" -- - Document No...._._ 101 S4
city-clerk RE RE
WEST OF.
�n. _.
l,4t AT.... 0 . IN. PAST___. �1
SAN LUIS OBISPO COUN , CAL.
MAY 2 71968
Cou order
By eputy
F ;.- Indexed
1500
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OFFICE OF THE
CITY ATTORNEY
CITY HALL
990 PALM 9TREEr
P. O. BOX 1320
SAN Luis OBIsPo.
CALIFORNIA 9$401
1803) 843 -6689
10153 LvoL1477 ?acE 430
AGREEMENT
THIS AGREEMENT executed this 22nd day of March , 1968)
by and between Arthur Francis Warden and Thomas W. Norton, hereinafter
called Grantors, and the City of San Luis Obispo, a charter City, hereinafter called
City.
WITNESSETH:
1. Grantors agree to convey to City by Grant Deed, free and clear
from any and all liens or encumbrances of every kind and description, the
following described real property situated in the City of San Luis Obispo, County
of San Luis Obispo, State of California:
That portion of Block 10 of the Town of San Luis Obispo,
City of San Luis Obispo, County of San Luis Obispo,
State of California., according to map filed for record
May 1, 1878 in Book A, at page 168 of Maps in the Office
of the County Recorder of said County, described as follows:
Beginning at the Centerline of Chorro Street, 50 feet wide,
with the Northeasterly prolongation of the Southeasterly line
of Monterey Street, as said Streets are shown on said map;
thence S 531 07' W, 202 feet to the point of beginning; thence
S 360 53' E 41.48 feet to a point; thence S 800 00' W 22.42
feet to a point; thence N 360 53' W 31.34 feet to the southerly
line of Monterey Street; thence N 531 07' E along said line 20
feet to the True point of beginning.
Containing approximately .0167 acres, more or less.
2. City agrees to pay Grantors the sum of Two Thousand Nine Hundred
Dollars ($2,900) for the land described above which is to be conveyed to the City,
plus the sum of Seven Hundred Dollars ($700) as and for severance damages to the
remainder of the parcel, making a total of Three Thousand Six Hundred Dollars
($3,600) in cash to be paid into escrow by City.
3. City and Grantors agree that an escrow shall be opened with a
title company in the City of San Luis Obispo upon final acceptance of this agreement
by the City Council. City and Grantors will each pay one -half of the escrow fees,
but Grantors shall bear all expense connected with securing a California Land Title
Association policy of title insurance in the amount of the total purchase price as
well as the cost of required tax stamps for recording the deed.
4. Subject to the provisions of paragraph 6 hereof, Grantors further
agree to grant to the City an easement over the following described real property
located in the City of San Luis Obispo, County of San Luis Obispo, State of California
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OFFICE OF THE
CITY ATTORNEY
CITY HALL
990 PALM STREET
P. O. BOX 1920
SAN Luis O9f9P0.
CALIFORNIA 99401
(808) 845 -6666
V04477 PAGE M!
for public walkway or pedestrian mall purposes and for installation of public
improvements thereon to further such purposes:
That portion of Block 10 of the Town of San Luis Obispo,
in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to the map filed for record
May 1, 1878 in Book A, at Page 168 of Maps, in the Office
of the County Recorder of said County, described as follows:
Commencing at the Southerly corner of said block; thence
N 530 07' E along the Southerly line of said block a distance
of 285 feet; thence N 360 53' W, 174.59 feet to the true point
of beginning; thence N 33° 45' E, 18.51 feet; thence N 44°
14' E, 46.08 feet; thence N 500 59' E, 27.78 feet; thence
N 850 27' E, 8.57 feet; thence N 361 53'W, 9.47 feet; thence
S 850 27' W, 5.99 feet; thence S 500 59' W, 30.73 feet;
thence S 440 14' W, 47.28 feet; thence S 33° 45'W, 16.43';
thence S 360 53' E, 8.48' to the True Point of Beginning.
5. In consideration of the grant of said walkway, City agrees to bear
all expense connected with improving and maintaining walkway including installation
of appropriate lighting of the area. Installation of said improvements in those areas
where vehicular traffic over the Grantors' bridge would be adversely affected will
be coordinated with the reconstruction and realignment of Monterey Street to
minimize interference with such traffic.
6. Grantors and City further agree that a one foot non - access strip
will be reserved for Grantors' exclusive use across the full width of said pedestrian
walkway at the Chorro Street end of the easement which strip shall be deemed
automatically released upon recordation of an easement to City from the owners
of the adjoining parcel, commonly referred to as Assessor's Parcel No. 2- 423 -28,
for extension of said walkway along the top of the bank across such adjoining property.
7. In exchange for the two parking spaces lost due to the granting of
said pedestrian walkway easement to City, City agrees to make available to Grantors
or their tenants two parking spaces, on a rent -free basis, in the City -owned parking
lot next to the County Historical Museum or in another City parking lot in the
immediate vicinity acceptable to Grantors until such time as the license for
the use of the Warden bridge is terminated by Grantors or until such time as Grantors
utilize any portion of the remaining parking area behind the existing Warden building
to expand the existing structures or for any other business purpose except parking,
whichever first occurs, at which time the City's obligation to furnish such off -site
IN
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OFFICE OF THE
CITY ATTORNEY
C HALL
990 PALM STREET
P. O. BOX 1926
SAN LUIS OBISPO.
CALIFORNIA 9$401
(805) S48 -8666
voL 1477 PACE 432
parking spaces to Grantors shall cease.
8. Grantors hereby grant and further agree, in consideration of the
payment of $1.00 per year payable in advance, to extend to City a license, which
shall be irrevocable for a period of ten years from the date hereof, to use the
structure commonly referred to as the Warden bridge and the following described
real property, including the right to maintain, make reasonable repairs, alterations
and improvements to said bridge structure or any part thereof provided, however,
Grantors shall not be liable in any manner by reason of such repairs, alterations or
improvements and City shall bear all expense connected therewith and right to egress
and engress across the hereinafter described properly as a means of public
pedestrian access to Monterey Street and for limited use by vehicles operated by
City personnel or by contractors working on public improvement work for the City
to the extent necessary to gain access to the areas where such work is to be
performed:
That portion of Block 10 of the Town of San Luis Obispo
in the City of San Luis Obispo, County of San Luis Obispo,
State of California., according to the map filed for record
May 1, 1878 in Book A, at Page 168 of Maps, in the Office of
the County Recorder of said county, described as follows:
Beginning at the centerline of Chorro Street, 50 feet wide, with
the Northeasterly prolongation of the Southeasterly line of
Monterey Street, as said streets are shown on said map; thence
South 530 07' West 202 feet to the point of beginning, thence South
360 53' East, 110,51 feet; thence South 501 59' West, 30.35 feet;
thence North 80 13' West, 21.45 feet; thence North 361 53' West,
92.82 feet; thence North 530 07' East, 20 feet to the point of
beginning,
9. Grantors also hereby grant to City an open space easement for
landscaping, maintenance, repair and planting extending over all of the hereinafter
described real property:
That portion of Block 10 of the Town of San Luis Obispo, in the City
of San Luis Obispo, County of San Luis Obispo, State of California.,
according to the map filed for record May 1, 1878 in Book A, at
Page 168 of Maps, in the Office of the County Recorder of said
County, described as follows:
Commencing at the Southerly corner of said block; thence N 53°
07' E along the Southerly line of said block, 285 feet; thence N 360
53' W, 183.07 feet to the True Point of Beginning-, thence N 330 45'
E, 16.43 feet; thence N 440 14' E, 47.28'; thence N 501 59' E, 30.73
feet; thence N 850 27' E, 5.99 feet; thence N 36° 53'W to the centerline of
San Luis Obispo Creek; thence following the centerline of said creek
Westerly to a point on a line, which bears N 360 53' W from the True
Point of Beginning, thence S 360 53' E along said line to the True Point
of Beginning.
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STATE OF- CALIFORNIA
COUNTY of LOS ANGELES SS.
onnMarrhP81968 J before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared THOYA .SW jQQ$L'ON
known to me
to be the person whose name 1S subscribed to the within
instrument and acknowledged that he executed the same.
Signatu -'
Name (Typed or Printed)
Notary. Public in and for said County and State
My Commission Expires OCL 18, 1$76
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FOR NOTARY SEAL OR STAMP
:
JOHNSON
NOTARY WBLIC•CALIFORNU
LeeAGNES
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PRINCIPAL OFFICE IN
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My Commission Expires OCL 18, 1$76
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HAROLD JOHNSON E
STATE OF CALI RNIA 00TARY Pumm — cAUFOPMA a
SS. _ PRIM WAI..OFFICE W
COUNTY OF /y _ �gg��pH�p�pgp�gI'C+COIiNFY
On 2'S l �OQ before me, the Mn ermVeU a"'Notuiy Fu tc m an of sai
State, personally appeared
known to me
to be the person whose name _ - s scribed
to the within instrument and acknowledged that
executed the same.
WITNESS y hand and official seal.
Signatur
Harold Johnson.
Name (Typed or Printed)
B�1 11eSHDHMfslt�f7llfS00�e!]�7eE
6 �ytaK�� HAROLD JOHNSON y
"lt1,,..J r.��.'. NOTARY RMUC =— CAUFOR. \1A
PRIN=PAL OFFICE 1:4
SAN L.jj5 OEfSFO COUNTY
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= HAROLD JOHNSON
STATE OF CALIFORNIA
NOTARY PUBLIC — CAL¢<XtMq
COUNTY OF San Luis Obispo
SST PRMPAr. OFFM IN
} SAN LLU OBLSPO COUNTY
March 22, 1968
On
ho or me, the undersigned, a Notary Public in and for said
State, personally appeared __�Clell W
Whel
w
known to me to be the Mayor
fit, and J- H_ Fitzpatrick
.=
known to me to be Clerk
:, of the corporation that executed the within Instrument,
w
known to me to be the persons who executed the within
J
Instrument on behalf of the corporation therein named, and -
acknowledged to me that such corporation executed the within
Winstrument
instrument pursuant to its by-laws or a resolution
of its 110 pefseanueaae= taa: ae�Leaseus7 :sramaifaelMmse�Rrtesot®
Council .
e HAROLD JOHNSOi•1
WITNESS my hand and lficial seal.
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Sigaatur Y...
SAN LUIS CB PO COUNTY
�tp�CtlrDttL7B0]¢ eat aIIUai JacOd953ad➢7i:Yi:CCalBDtiL�I
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Harold Johnson
Name (Typed or Printed)
My commission expires 11 -16 -70
(This area for afacial notarial seal)
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OFFICE OF THE
CITY ATTORNEY
CITY HALL
OSO PALM STREET
P. O. BOX 1828
BAN Luis O818P0.
CALIFORNIA 98401
(808) 848 -8666
�VOL 14 77 PAGE 433
10. In consideration of the granting of such open space landscape
easement, City agrees to plant and maintain trees, shrubs and other landscaping
improvements in accordance with a landscaping plan approved by the City Council.
11. Indic event that. City determines that any of the aforementioned
easements or licenses are no longer needed for present or future public purposes,
then City shall execute a quitclaim deed of any such rights or interests.
12. City shall save Grantors harmless from any and all liability for
personal injuries, property damage, or for loss of life or property resulting from,
or in any way connected with, the condition or use of the premises covered by the
license and easements granted herein, except such liability as is caused solely by
the negligence of Grantors.
The terms, conditions, and provisions hereof shall bind the parties
hereto, their heirs, executors and administrators, successors and legal
representatives.
IN WITNESS WHEREOF, the parties hereto have executed this
document this 22nd day of March , 1968.
Acknowledgment:
�AtteS`:,y.
Grantors:
City of San Luis Obispo:
M
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LVOL1477 -FACE435
CERTIFICATE OF ACCEPTANCE
id #i ##i # # # #iiii
THIS IS TO CERTIFY that the interest in real property conveyed
by the Agreement dated March 22 .0
19 68 from Arthur Francis Warden and Thomas W. Norton
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded Nay 26, 1959, in Volume 1002, Official
Records, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date: P -lay 8, 1968
CITY OF SAN LUIS OBISPO
ATTEST: ivAyor
• Document No..- ._..._1 91
REGARDED AT REQUEST OF
y• ,�.,. ,: tea,. .
... MIN. P M
3 D AST.. -. .
�"':.'-�)� ;�,�.•! VOLT(.�,' O /R. P.... 11-
;, SAN V OBISPo COUNTY, CAL
MAY 2 7
1968
Coun Re or-der O
By :......_ Deputy
Pee $ .... .........Indexed
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E¢4 (G.S.) 1 -66
4 SECURITY TITLE INSURANCE COMPANY
San Luis Obispo OFTICE
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California
L
PROM r.
In accordance with instructions in the above escrow, we enclose the following:
1. Closing statement.
2. Policy of title insurance
DATE May 27, 1968
ESCROW No. 81164 -Wh
J Warden - Norton
All documents were recorded this date and will be mailed to you from the office
of the county recorder.
Thank you for this opportunity to serve you.
Very truly yours,
Waneta Hurd.
Escrow Officer
mp
enc.
OFFICES: - SECURITY. TITLE - OFFICES:
BAKERSFIELD RIVERSIDE MADERA SAN LUIS OBISPO
EL CENTRO SACRAMENTO' INSURANCE'�COMRANY MERCED SANTA BARBARA
FRESNO SAN BERNARDINO - - MODESTO- STOCKTON
HANFORD SAN DIEGO �^�^ NAPA VALLEJO
.LOS ANGELES SANTA ANA S= lui s--- Obispo------ -------- -- ---- ----------- - -Ofce REDWOOD CITY VENTURA
- Ir VISALIA _
1
e DATE May. 27, 1968
'City of San Luis Obispo. -
990 Palm Street
' San Luis Obispo, California ESCROW No. 811&4 wh
. .L J
PROPERTY. _
DISBURSEMENTS - RECEIPTS
Cash received 31639.50
Demand for deed ` 3,600.00
'License 10.00
Escraw fee 1/2` 29.50
Total $31639,50 $32639.50
SAVE FOR INCOME.
TAX INFORMATION., BHe
E -62 (G.S.) 4 -25 -56 _ ..
akc
A
P -218 (G.S.) Rev. 1 -63
SCL;UH1 1 7 I I I LC IIVtDUM/A1NJI.#C L.IJIVII —'HIV T
a California corporation, herein called the Company,
Insures the parties named as insured in Schedule A, the heirs, devisees, 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 an d Stipulations hereof, which the insured shall sustain by reason of the matters numbered
I to 4 in Part Three of Schedule B of this policy.
CLTA -1963 SCHEDULE A STANDARD COVERAGE
Insured:
CITY OF SAN LUIS OBISPO
Policy No: 11 —SLO Consideration paid for this policy: 8 64.50 (A -1)
Effective date: May 27, 1968 8:30 A.M. Amount of liability: 8 3,600.00
The estate or interest in the land described or referred to in this schedule covered by this policy is:
a fee.
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.
The land referred to in this policy is situated in the'State of California, County of San Luis Obispo
andis described as follows:
Description on sheet attached.
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 map filed for record May 1, 1878 in Book A, at page 168
of Maps, in the office of the County Recorder of said County, described
as follows:
Beginning at the centerline of Chorro Street, 50 feet wide, with.the
Northeasterly prolongation of the Southeasterly line of Monterey Street,
as said Streets are shown on said map; thence South 53° 07' 'Wes_t,.202
feet to the true point of beginning; thence South 360 53' East, 41.48
feet; 'thence South 80° 00' West, 22.42 feet; thence North 36° 53' West,
31.34 feet to the Southerly line of Monterey Street; thence North 53°
07' East along said line 20 feet to the true point of beginning.
P -218 -B (G.S.) (Rev. 1 -63) .i
SCHEDULE B
This policy does not insure against loss or dama -e by reason of the matters shown in Parts One and Two of Schedule B.
PART ONE:
1. General and special taxes for the fiscal year 1968 -69, now a lien, but not yet
due and payable.
0
P -M -BB - .(G.S.) (Rev. 1 -63)
SCHEDULE B (Continued)
PART TWO:
.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.
PART THREE: Matters numbered 1 to 4 referred to on the first page of this Policy:
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 A, existing at the date hereof, riot shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability 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
4. '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 Schedule B or in the Conditions and Stipulations, said mortgage being shown in
Schedule B in the order of its priority;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed.
In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as of the date
set forth in Schedule A, the effective date of this policy.
URgj�thllr
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Secretary. l�'I�f •••••�I
hlll��CA\��
ihorized.Si ure
P- 218 -ST (G.S.) (Rev. 1 -63)
1. Definition of Terms
The following terms when used in this policy mean:
(a) "land ": the land described, specifically or
by reference, in Schedule A and improvements
affixed thereto which by law constitute real property;
(b) "public records ": those records which im-
part constructive notice of matters relating to said
and;
(c) "knowledge ": actual knowledge, not con-
structive knowledge or notice which map 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 instruments; and
(f) "insured ": the party or parties named as
Insured, and if the owner of the indebtedness se-
cured 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 to in
this policy by foreclosure, trustee's sale, or other
legal manner in satisfaction of said indebtedness,
and (3) any federal agency or instrumentality
which is an insurer or guarantor under an insurance
contract 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.
L Benefits after Acquisition of Title
If an insured owner of the indebtedness secured
by a mortgage described in Schedule B acquires
said estate or interest, or any part thereof, by fore-
closure, trustee's sale, or other legal manner in sat-
isfaction 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 guaranteeing 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 stipulations hereof.
8. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage
by reason of the following:
(a) Any law, ordinance or governmental regu-
lation (including but not limited to building and
zoning ordinances) restricting or regulating or pro-
hibiting 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 emi-
nent domain unless notice of the exercise of such
rights appears in the public records at the date
hereof.
(c) Title to any property be and the lines of the
land expressly described in Schedule A, or title to
streets, roads, avenues, lanes, ways or waterways
on which such land abuts, or the right to maintain
therein vaults, tunnels, ramps or any other struc-
ture or improvement; or any rights or easements
therein unless this policy specifically provides that
such property, rights or v%emonte aree insured,
except that if the land abuts upon one ar more
physically open streets or highways this policy in-
sures the ordinary rights of abutting owners for
access to one of such streets or highways, unloss
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 dis-
closure thereof in writing by the Insured shall
have been made to the Company prior to the date
of this policy; or (3) resulting in no loss to the
Insured Claimant; or (4) attaching or created sub-
sequent to the date hereof.
(e) Loss or damage which would not have been
sustained if the Insured were a purchaser or encum-
brancer for value without 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
F commenced against the Insured, or de-
fenses, restraining orders, or injunctions interposed
against a foreclosure or sale of the mortgage 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 an f
y
such events is founded upon an alleged defect, lieon
or encumbrance insured against by this policy, and
may pursue any litigation to final determination in
the court of last resort.
COMMONS AND STIPULATIONS
(b) In case any such action or proceeding shall
be begun, or defense interposed, or in case knowl-
edge shall come to the Insured of any claims of title
or interest which is adverse to the title of the estate
or interest 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 geod faith contract
to sell the indebtedness secured by a mortgage
covered by this policy, or, if an Insured in good
faith leases or contracts to sell, lease or mortgage
the same, or if the successful bidder at a fore-
closure. sale under a mortgage covered by this
policy refuses to purchase 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 _pleadings or if the Insured shall not, in
writing, promptly notify the Company of any defect,
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
unmarketability of title, then all liability of the
Company in regard to the subject matter of such
action, proceeding or matter shall cease and ter-
minate; 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 pro-
ceeding 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 mortgage
as insured; and the Company may take any appro-
priate 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 policy permits or
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 pro-
vide defense 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. When-
ever requested by the Company the Insured shall
give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, se-
curing evidence, obtaining witnesses, or prosecuting
or defending such action or proceeding, and the
Company shall reimburse the Insured for any ex-
pense so incurred.
S. Notice of Loss - Limitation of Action
In addition to the notices required under' para-
gr g aph 4(h), a statement in writin 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 dam-
age 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 ex-
piration of said thirty day period. Failure to furnish
such statement of loss or damage, or to commence
such action within the time heroinbefore specified,
shall be a conclusive bar against maintenance by
the Insured of any action under this policy.
6. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or
settle or compromise for or in the name of the In-
sured 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 hall have the option to purchase said
indebtedness; such purchase, payment or tender of
y
pament of the full amount of this policy, together
with 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 Company by the Insured, the Company offers to
purchase said indebtedness, the owner of such in-
debtedness shall transfer and assign said indebted-
ness 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 pol-
icy 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 litigation carried on by the
Company for the Insured, and all costs and attor-
neys 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 on alleged defect,
lien or encumbrance not excepted or excluded here-
in 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 re-
jected as unmarketable because of a defect, lien
or encumbrance not excepted or excluded in this
policy, until there has been a final determination
y a court of competent jurisdiction sustaining such
rejection.
(d) All payments under this policy, except pay=
menu 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 polity_ 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 Company; provided, however, if
the owner of an indebtedness secured by a mort-
gage 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 pay-
ments reduce the amount of the indebtedness se-
cured by such mortgage. Payment in full by any
For voluntary satisfaction or release by the
Insured of a mortgage covered by this policy shall
terminate all liability of the Company to the insured
owner of the indebtedness secured by such mort-
gage, except as provided in paragraph 2 hereof.
(e) When liability has been definitely fixed in
accordance with the conditions of this policy the
loss or damage shall be payable 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 pri-
ority of any mortgage shown or referred to in
Schedule B hereof or any mortgage hereafter ex-
ecuted 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 payment to the Insured under this policy.
The provisions of this paragraph numbered f3 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 policy, all right of subrogation shall vest
in the Company unaffected by any act of the In-
sured, and it shall be subrogated to and be en-
titled to all rights 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 and remedies in the proportion which said
payment bears to the amount of said loss. If loss
should result from any act of the Insured, 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
exceed the amount, if any, lost to the Company by
reason of the impairment of the right of subrogation.
The Insured. if requested 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 subragation, and shall per-
mit the Company to use the name of the Insured in
any transaction or litigation involving such rights
or remedios.
If the Insured is the owner of the indebtedness
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 collateral security for
the indebtedness, provided 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 Com-
pany 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. Whore Sent
All notices required to be given the Company
and any statement in writing required to be turn-
!shed the Company shall be addressed to it at the
office which issued this policy.
12. THE FEE SPECIFIED ON THE FACE OF THIS
POLICY IS THE TOTAL FEE FOR TITLE SEARCH
AND EXAMINATION AND FOR TITLE INSURANCE.
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SECURITY TITLE INSURANCE COMPANY
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plat is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon.-
SECURITY TITLE INSURANCE COMPANY
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SECURITY TITLE INSURANCE COMPANY
P -12 -G (G.Sd Rev. 5.66
FRESNO COUNTY
NAPA COUNTY
SAN LUIS OBISPO COUNTY
Fresno
Napa
San Luis Obispo
Phone: 266 -9721 (209)
1370 Second Street
1043 Marsh Street
Mariposa Street Office
Phone: 226 -3727 (707)
Phone: 543 -8211 (805)
1927 Mariposa Mall
Fresno Title Office
ORANGE COUNTY
SAN MATEO COUNTY
1234 L Street
Santa Ana
Redwood City
825 North Broadway
749 Brewster Avenue
Phone: 547 -7251 (714)
Phone: 369 -6771 (415)
IMPERIAL COUNTY
El Centro
654 Main Street
RIVERSIDE COUNTY
SANTA BARBARA COUNTY
Phone: 352 -2011 (714)
Riverside
Santa Barbara
3602 University Avenue
1014 State Street
13MN COUNTY
Phone: 684 -1400 (714)
Phone: 966 -6131 (805)
Bakersfield
1424 17th Street
SACRAMENTO COUNTY
Phone: 327 -5785 (805)
Sacramento
SOLANO COUNTY
KINGS
2028 K Street
Phone: 441 -5341 (916)
Vallejo
Street
d�
Phone: 643-452 (707)
208 West 7th Street
Phone: 584 -3381 (209)
SAN BERNARDINO COUNTY
San Bernardino
STANISLAUS COUNTY
LOS ANGELES COUNTY
480 Court Street
Modesto
Los Angeles
Phone: 889 -3531 (714)
920 12th Street
3444 Wilshire Boulevard
Phone: 523 -4521 (209)
Phone: 381 -3111 (213)
SAN DIEGO COUNTY
MADERA COUNTY
San Diego
TULARE COUNTY
Madera
1301 Third Avenue at "A"
Visalia
129 South D Street
Phone: 232 -4031 (714)
119 South Locust Street
Phone: 673 -3553 (209)
Phone: 732 -4761 (209)
SAN JOAQUIN COUNTY
MERCED COUNTY
Stockton
VENTURA COUNTY
Merced
San Joaquin County Abstract Office
Ventura
1944 M Street
217 North San Joaquin Street
2660 E. Main Street
Phone: 722 -3911 (209)
Phone: 466 -5821 (209)
Phone: 648 -2864 (805)
Security Title Insurance Company policies are also written in the counties listed below and in the State of Hawaii.
ALAMEDA COUNTY
Oakland
Northwestern Title Company
1615 Webster Street
Phone: 834 -7665 (415)
AMADOR COUNTY
Jackson
Western Land Title Company
34 Summit Street
Phone: 223 -0482 (209)
BUTTE COUNTY
Oroville
Northwestern Title Company of
Butte County
2622 Oro Dam Boulevard
Phone: 533 -1666 (916)
CALAVERAS COUNTY
San Andreas
Golden Chain Title Company
P. O. Box 1086
Phone: 754 -3851 (209)
CONTRA COSTA COUNTY
Walnut Creek
Financial Title Company
1555 Mt. Diablo Blvd.
Phone: 932 -1555 (415)
HUMBOLDT COUNTY
Eureka
Humboldt Land Title Company
6th 6 "I" Streets
Phone: 443 -0837 (707)
MAKIN COUNTY
SANTA CLARA COUNTY
San Rafael
San Jose
Pacific Coast Title Company of Marin
Valley Title Company
900 Mission Avenue
38 North First Street
Phone: 454 -6070 (415)
Phone: 292 -7150 (408)
MARIPOSA COUNTY
Mariposa
Mariposa County Title Co.
Box 218
Phone: 966 -3818 (209)
MONTEREY COUNTY
Monterey
Coast Counties Land Title Company
439 Tyler Street
Phone: 375 -2262 (408)
PLACER COUNTY
Roseville
Fidelity Title Company
424 Vernon Street
Phone: 782 -3731 (916)
SAN FRANCISCO COUNTY
San Francisco
Northwestern Title Company
of San Francisco
3557 Geary Boulevard
Phone: 752 -4770 (415)
SANTA CRUZ COUNTY
Santa Cruz
Penniman Title Co., Inc.
1537 Pacific Avenue
Phone: 426 -1711 (408)
SHASTA COUNTY
Redding
Redding Title Company
1601 Pine Street
Phone: 241 -6363 (916).
SONOMA COUNTY
Santa Rosa
Northwestern Title Security Company
439 College Avenue
Phone: 542 -5185 (707)
TEHAMA COUNTY
Red Bluff
Northern California Title Company
349 Pine Street
Phone: 527 -5421 (916)
SANTA BARBARA COUNTY
STATE OF HAWAII
Santa Barbara
Honolulu
Santa Barbara Title Company
Security Title Corporation
21 West Carillo St.
125 Merchant Street
Phone: 966 -3975 (805)
Phone: 562 -326 (808)
SECURITY TITLE POLICIES AND SERVICES ARE AVAILABLE IN T14E COUNTIES SHOWN ABOVE
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SECURITY TITLE
AURANCE COMPANY
E-270 (GS) 1 /68 -- v
That portion of Block 10 0 t`�ie C� yi organ— Luis - Obispo; -rt—t e City of
San Luis Obispo, County of San Luis Obispo State of California,
- according to map filed for record May 1, 1$78 in Book A, at page 168
of Maps, in the office of the County Recorder of said County, described
as follows:
Beginning at the centerline of Chorro Street, 50 feet wide, with the
Northeasterly prolongation of the Southeasterly line of Monterey Street,
as said Streets are shown on said map; thence South 53° 07' 'West.. 202
feet to the true point of beginning; thence South 36° 53' East, 41.48
feet; thence South 800 00' West, 22.42 feet; thence North 360 53' West,
31.34 feet to the Southerly line of Monterey Street; thence North 530
07' East along said line 20 feet to the true point of beginning,
BES ESCROW INSTRUCTIONS
Escrow No. 81164 Vh
SECURITY TITLE Date
Ban Luis Obis ice
,
INSURANCE COMPANY April 5, 19
I will hand you $3,f00.00, ($700.00 of which represents severance damages to the
reminder of the parcel), to complete a total purebase price of $3,600.00,
which you are instructed to use when you are able to procure a standard form
Owners Policy of Title Insurance, issued by your company
in its usual form containing the printed exceptions usual in such
policy, with liability not less than $3,600.00 on the following described property situate
in the tz San Idlis Ob Sp County of $su rui8 Obispo
State of Calii�� - i > r c, -, � �. ✓- , = - • - , ----z
Description attacheds
showing title vested in CITY OF SAN LM OBIgp0, a municipal corporation
Subject to:
1. Taxes all for the fiscal year190 -69 including levies for any district such as, but not limited
thereto, drainage, irrigation, road improvement, acquisition and improvement, fire protection, etc.
2. Bond — assessment none
with no delinquent payments, and with unpaid balance of principal not to exceed $
3. Covenants, conditions, restrictions, reservations, easements, and rights of way of record (if any),
There is handed to you an Agreement dated March 22, 1968, executed by and between
Arthur Francis Warden, Thom s W. Norton and the City of San Luis Obispo. Your
obligation is the.recording of this Agreement.
The City of San Luis Ob is 4 will also deposit with you the sum of $10.00 to be
delivered to sellers, which money is the consideratich payable by the buyer to
the grantors for an irrevocable license to the City for a period of ten years
E rom larch 22, 1968, fcr the use of a structure ca=only referred to as the
Warden bridge, together with rights incidental to said license.
E -40 -L (T) (G.S.) Rev. 2 -67
ft
62
and, when you can deliver to (me) — (lender) none shares of water stork of
Company, duly transferred to me— (lender, as my pledgee) with
assessments and bills paid to none . You will not concern yourself with
domestic water bills or other public utility matters.
After escrow is closed you will ( "Close of Escrow" shall mean the day papers are filed for record).
1: Prorate none Taxes including all items appearing on tax bill, except personal property
not conveyed, to none , based on the latest tax statement,
unless parties hereto furnish you with information regarding amount of current taxes.
2: Deliver to (me— (lender) fire and other insurance for 8 none , as handed
you, with proper mortgagee clauses attached. Prorate to none
3: Prorate interest on loan based on statement of holder of note or their Agent to"=
Unpaid balance to be Snone
4: Prorate advance rents to none as per statement handed you.
All prorations are to be computed on the basis of a 30 day month unless otherwise instructed.
All disbursements are to be made by check of SECURITY TITLE INSURANCE COMPANY.
You have 30 days within which to comply with these instructions and additional time as
may be required provided written demand to cancel by any party who then shall have fully complied
with these instructions is not handed you after the initial period of days given to comply.
Your knowledge of matters affecting the property, provided such facts do not prevent compliance
with these instructions, does riot create any liability or duty in addition to your responsibility under
these instructions. No notice, demand or change of instructions, except a demand for cancellation
made in accordance with the foregoing paragraph, shall be of any effect in this escrow unless given in
writing by all parties affected thereby.
If these instructions refer to a sale, the seller agrees to sell and the buyer agrees to buy the property herein
described upon the terms hereof.
I agree to pay recording deed and one -half the escrow fee.
CM OF SAN LnS OBISPO a zmta cival corporation
ter. 9 9 6 6-P� 16, S o,
sit
Sy3 -9-�6GC
Buyers Addresses Phone Nui@5ers
The above instructions are approved. I will hand you papers required to vest title as above, excepting such papers,
if any, as are to be executed by other parties to this escrow. You are instructed to use the money and record in-
struments to comply with said instructions. At close of escrow disburse funds for my account as follows:
1. Reimburse yourself for advances chargeable to me and deduct your charges as hereafter specified.
2. Pay a comrn;gaion in the amount of
8 Broker's License No. . Mail check to him at
3. Pay demand of
ay anc to
and mail check to (address)
I agree to Pay
Attach Internal Revenue Stamps to deed in the amount of S
Sellers Addresses
Phone Numbers