HomeMy WebLinkAboutD-963 McMillan Assessment Recorded 08/10/1976RECORDING�REQUESTED BY:
CITY OP SAN LUIS OBISPO
WHEN RECORDED MAIL TO:
zin CLEEWS OMCE
City of Sam Luis Obispo
P.O. Box 321 .
Sam Luis Obispo. CA 93401
SANITARY SEWER EASEMENT DEED
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Doc. NO. 31504
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAC
AUG 101976
COMPARED
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME 9:35 A -M .
Robert L. Bullock and Laura E. Bullock and William W. Clary, Jr., Trustee
of the Clary Community Property Trust, hereby grant to the CITY OF SAN LUIS
OBISPO, as Grantee, the following sanitary sewer easement in the City of San
Luis Obispo, County of San Luis Obispo, State.of California, to wit:
An easement to construct, maintain, repair, replace, enlarge, operate,
and remove a public sanitary sewer line within the following described
Property
The southerly 12 feet of Lots 1 and 2, measured at right angles to
Orcutt Road, of the Orcutt Subdivision, as shown on map filed in Book
1, Page 19 of Licensed Survey in the Office of the Recorder of the
County of San Luis Obispo.
THE GRANTEE SHALL, at its cost and expense, restore any improvements
damaged or destroyed at any time by reason of the laying of said sanitary sewers,
or by GRANTEE in maintenance, repairing, operating, or removing any sanitary,
sewers in said easement, and shall restore the surface of the ground to as near ,
its original condition as possible.
DATED 7 --;22 - 76
DATED
STATE OF CALIFORNIA )
: ss.
COUNTY OF
.COS *9 >V 6 Ec c�
On poi / before me,
the dders`igned, a Notary Public in and for
the said County and State, personally appeared
f 4& , known to me to be
the person w ose name subscribed to the within
instrument and acknowledged that he executed
the same.
WITNESS MY hand and official seal.
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OFFICIAL SEAL
G -IRARD SCHAFFER
Notary Public•Califomia
LOS ANGLES COUNTY
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Laura E. Bullock
William W. Clary, Jr. as ustee
of the Clary Community Property
Trust
vi
(,3 LVOL 1915 PALL 12 5
CERTIFICATE OF ACCEPTANCE
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THIS IS TO CERTIFY that the interest in real property conveyed
by the Sanitary. Sewer Easement- dated Jule 27 -
19 76 , from Robert L. Bullock, Laura E. Bullock and
William W. Clary, Jr., as Trustee of the Clary Community
Property Trust
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 Ivay 26, 1959, in Volume 1002, Official
Records, Page 292, c;an Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date; August 9, 1976___ .
CITY OF SAN LUIS OBISPO
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ATTEST:,'
Clerk Fitzpatrick
.�
EM OF DMUMT VOL 1915 PACE 126
July 23, 1980
MEMORANDUM[
TO Wayne A. Peterson, City Engineer
FROM J.H. Fitzpatric City Clerk
SUBJECT Foreclosure on Trust Deed
The City of San Luis Obispo has been served with a "Notice of Default
and Election to Sell Under Deed of Trust" on a parcel of property located
in the Orcutt Subdivision, Lots 1 & 2. The problem is that the owners
of the deed of trustcon the above property, Marjorie Helen De Sario and
Marian Cecile Morrison are forclosing for non - payment on the Deed of Trust
on Robert L. Bullock and Laura E. Bullock,.H & W, and William W. Clary, Jr.
as Trustee- of"thia_Clary Community Property Trust. The Deed of Trust was
recorded on July 22, 1976.
The city is involved in that the City of San Luis Obispo accepted a sewer
easement deed from Bullock - Bullock & Clary, recorded on August 10, 1976
without going through the procedure of clearing the Deed of Trust on that
portion of the easement granted to the city. As soon as we see what takes
place on the foreclosure action, we will have to clear the Trust Deed on
the - easement.
JHF:pv
Attachment
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THE 'FOLLOWING COPY r "NOTICE" THi_ ORIGINAL OF 4ICH WAS FILED'
FOR RECORD ON JL 7, 1q8Q IN THE OFFICE OF THE
RECORDER OF SAN LUIS OB TSPO COUNTY, CALIFORNIA, I.S SENT TO
YOU INASMUCH AS AN EXAMINATION OF..THE TITLE TO SAID TRUST PROPERTY
SHOWS YOU MAY HAVE AN INTEREST IN THE TRUSTEE'S SALES PROCEEDINGS.
TITLE INSURANCE AND TRUST COMPANY,
AS TRUSTEE
^CITY a CA 43406
STATE.
VIVIAN HERRIMAN X30324
TRUSTEE SALE OFFICER TRUSTEE S.SALE NUMBER -
v
`Notice of Default and Election to Sell Under Deed of Trust
"IMPORTANT NOTICE"
IF YOUR PROPERTY IS IN FORECLOSURE. BECAUSE YOU ARE BEHIND IN YOUR
PAYMENTS,. IT MAY BE SOLD WITHOUT ANY COURT - ACTION, and you have the
legal right to bring your account in good standing by paying all of your past due payments
plus permitted costs and expenses within three months from JULY 7, 1980
(Date Notice of Default is recorded)
This amount is $3.211.88 as of JULY 2, '198o and will increase daily .
until your account becomes current. You do not have to pay-the entire unpaid portion of
your account, even though full payment was demanded, but you-must pay the amount
stated above. _
After OCTOBER 7, 1980' you have the legal right to
(Three months after the date notice of default is recorded)
stop the foreclosure only by paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment, to stop the foreclosure,
or if your property'.is in foreclosure for any other reason, contact:
MARJORIE.HELEN DE SARIO & MARIAN CECILE
MORRISON o F D SOU.THARD
(Name of beneficiary or mortgagee)
1445 OCEANAIRE DE, SAN LUIS OBISPO
(Street Address)
80'5- 541 =2048
(Telephone)
If you have any questions, you should contact a lawyer or the government agency which
may have insured your loan. Remember,: YOU, MAY LOSE LEGAL RIGHTS IF YOU DO
NOT TAKE PROMPT ACTION.
NOTICE IS HEREBY GIVEN: THAT TITLE INSURANCE and TRUST COMPANY, a corporation, is duly appointed Trustee under a
Deed of Trust dated LlULY. 14,'. 1976 executed by ROBERT L. BULLOCK AND LAURA
E. BULLOCK, HUSBAND AND WIFE, AND WILLIAM W.. CLARY, JR.,'AS TRUSTEE OF THE
CLARY COMMUNITY . PROPERTY TRUST as Trustor, to secure certain obligations
in favor of MARJORIE HELEN DE SARI.O, A WIDOW ,AND MARIAN CECILE MORRISON, A
SINGLE WOMAN, AS JOINT TENANTS.
as beneficiary,
recorded JULY 22 1976,asinstru- 286.11 in 1911 page 167 of Offical Records
ment no. book in the Office of the
Recorder of SAN LUIS O'B I S PO County, Cal ifornia,A9&XX -4jX IzX
said obligations
including ONE note for the PRINCIPAL sum of $ 75, 00.0 . 0.0.
that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the undersigned; that a
.breach of, and default in, the obligations for which such Deed of Trust is'security'has occurred in that payment has not been made of:
THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME. DUE APRIL 22,
1980 AND ALL SUBSEQUENT_INSTALLMENTS OF PRINCIPAL AND INTEREST
that by reason thereof, the undersigned, present beneficiary under such Deed of Trust, has executed and delivered to said duly ap-
pointed Trustee., a written Declaration of Default and Demand for Sale, and has deposited- with said duly appointed Trustee, such
Deed of Trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured
thereby immediately due and payable and has elected.and does hereby elect to cause the trust property to be sold to satisfy the
obligations secured thereby.
DATED ✓ 2 7 �%
THIS NOTICE MUST BE RECORDED �� f •/,t I,
BY TITLE INSURANCE ✓ '� Ar'/ 1 J .`�`�
M;4RJ0RI.E ELEN DE .SARI0
AND TRUST COMPANY ONLY f1 j ,
MARIAN CECILE MORRISON
Dated
s • UL*. 1976AGENDA ITEM` #
Cit y SAn
�IIII I r � _.�.�
DEPARTMENT OF COMMUNITY DEVELOPMENT
990 Palm Street • Post Office Box 321 • San Luis Obispo, CA 93406
MEMORANDUM - For Council Agenda of July 6, 1976
June 29, 1976
TO: Wayne A. Peterson
FROM: G. Kenny / :IV4
RE: Sanitary Sewer Easements for McMillan Avenue Sanitary
Sewer Improvement District - City Plan No. 15 -76
Attached hereto are easement documents executed by David L. Floyd and Fred
E. Snyder in conjunction with the above - mentioned project.
The easement document signed by David L. Floyd is conditional upon the approval
of the payment to him of the sum of two hundred fifty dollars ($250.00) which,
in my opinion, is reasonable and necessary in order to expedite and properly
align the proposed sewer. An agreement is included along with the aforementioned
easement. Due to the nature of the terrain, and the location of the existing
outlet, easements are mandatory.
This was discussed with Ms. Peg McElligott of Wilson, Jones, Morton & Lynch
and she informed me that it is proper to pay for an easement such as this in
assessment district projects.
The reason that the easement from Mr. Floyd is conditioned as.it is, is mainly
because his property lies outside of the District Boundary. Mr. Snyder's
property is within the District Boundary and should therefore, according to
Ms. McElligott, have an equitable amount credited to his assessment.
The amount of award in this case is considered nominal, and has been negotiated
between Mr. Floyd and myself. If we had engaged an outside appraiser, the total
cost to the project would be considerably higher. I did order a title report
and policy from Safeco Title Company which is due imminently.
Rather than await the award of contract to pay the money to Mr/. Floyd, it may
be advisable to do so at this time, and charge it to the project so that there
would be no chance of a change in title between now and then, thus forcing us
to secure the signature of another party. (These easements aren't yet recorded,
since they require acceptance by the City Council.)
Upon approval of the City Council, these easements will be recorded.
Included for your use are two (2) sketches of the subject easements, which are
not mentioned as exhibits on said easement documents.
Attach -Easeme:nt. ,' Documents (2 ) °� w
Agreement
Easement
Easement Sketches (2) Coha dM �r
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