HomeMy WebLinkAboutD-985 Santa Rosa Widening Recorded 03/21/1977FILE:
VRCU'L M-
SUPER
L-7-
SUPER-7 WESTERN GASOLINE DIVISION • 10320 BUBB ROAD • CUPERTINO, CALIFORNIA 95014.408/996 -1711
April 27, 1978
City of San Luis Obispo
Engineering Department
990 Palm Street
San Luis Obispo, CA 93406
Gentlemen:
Let this letter serve as our agreement to allow the City of San Luis Obispo
relief from their contractural agreement to replace 2 driveways with a like
number on Santa Rosa Street at our Super -7 station site on 1108 Monterey St.
The condition of relief to be valid only in the case that a building permit
is accepted for this rebuild project.
Sincerely,
THE SOUTHLAND /CORPO TION-
Hal Miller
Construction Manager
l_jm
1 DIVISION OF
THE SOUTHIAND
CORPORATION
/) - C. l (`
•' ' RECORDING REQUESTE 1
AND WHEN RECORDED MAIL TO
NAME Dept. of Transportation
ADDRESS P. 0. Box L
CITY & San Luis Obispo, CA 93406
STATE
MAIL TAX STATEMENTS TO
• o95941121PINOM. OST RECR
985 DOC. No. - -13064
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
MAR 211977
r,0- MPARF_
WILLIAM E. ZIMARIK
COUNTY RECORDER
nME g 0.3 AN
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NAME F Documentary transfer tax $_____________ _____________ ___ __ _____________
❑ Computed on full value of property conveyed, or
ADDRESS ❑ Computed on full value less liens & encumbrances
CITY & remaining thereon at time of sale.
STATE L
Signature of declarant or agent determining tax - firm name
❑ Unincorporated area ❑ City of ... ......... ......................
L -2
Corporation Grant Deed
THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE SOUTHLAND CORPORATION, a Texas Corporation
#180 -1
#180 -1 -1
a corporation organized under the laws of the State of
hereby GRANT(S) to the City of San Luis Obispo, a municipal corporation,
the following described real property in the City of San Luis Obispo
county of San Lu Is Ob i spo , state of California:
AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A ATTACHED HERETO AND COM-
PRISED OF ONE PAGE..
SEAL
Dated '4C., d / 9--Zt,
STATE OF
COUNTY OF 442' � __ } SS.
On 99W—C— o/7 t' Z 1_Co before me, the under-
signed, a Notary Public in and for said County and State, personally
appeared � - %-- L dQ
know /n me to be the President, and
��C����! ' l?+� , known to me to be
-�� Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by -laws or resolution of its board of
directors.
Signature of Notary
Debbie McAllister
Title Order N
Name (Typed or Printed) of Notary
THE SOUTHLAND CORPORATION,
a Texas Corporation
By ice- resx en
B
N
FOR NOTARY SEAL OR STAMP
985
DEBBIE McALLISTER, Motsry Public -
in a, d f--.r Galias Ccu ,iy, Texas
My Ccm;nissia l Expires June 1, 1877
2 (G.S.) (Rev. 5 -67) (8 pt.) MAIL TAX STATEMENTS AS DIRECTED ABOVE t uni i pit '-i o►r,
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EXHIBIT A
That portion of Lot 4 in Block 31 of the city of San Luis Obispo,
in the 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:
Parcel 180 -1:
BEGINNING at the northeasterly corner of Monterey and Santa Rosa
Streets as widened in 1916; . thence northeasterly along the
northerly line of Monterey Street, a distance of 10.00 feet;
thence at right angles northwesterly parallel with Santa Rosa
Street a distance of 97.00 feet; thence at right angles south-
westerly along the southeasterly line of the land described in
Book 407 at Page 142 of Official Records; a distance of 10.00
feet to a point on the northeasterly line of Santa Rosa Street;
thence at right angles southeasterly along the northeasterly
line of Santa Rosa Street a distance of 97.00 feet to the POINT
OF BEGINNING.
Parcel 180 -1 -1:
A temporary easement for construc -tion purposes over and across the
following described parcel of land:
BEGINNING At the northeasterly corner of Monterey and Santa Rosa
Streets as widened in 1916, thence northeasterly along the
northerly line of Monterey Street a distance of 10.00 feet to the
true POINT OF BEGINNING: thence continuing along said northerly
line a distance of 10.00 feet; thence northwesterly parallel with
Santa Rosa Street a distance of 97.00 feet - 'io?itheESoutfier];y described in in. Book 407 at Page 142 of Official Records; thence
southwesterly along said southerly line a distance of 10.00 feet;
thence southeasterly parallel to Santa Rosa Street to the true
POINT OF BEGINNING.
Said temporary construction easement shall cease and terminate
upon completion of construction, but in any event, shall cease
and terminate not later than January 1, 1979.
EVOL1965. psi 118
' r
CERTIFICATE OF ACCEPTANCE
EMD tw WNW
THIS IS TO CERTIFY that the interest in real property conveyed
by the Grant Deed dated December 29 ,
19 76 , from The Southland Corporation, a Texas
corporation
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
I',ecords, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date; February 4, 1977
ATTEST:,;, .
J.H. Yd- tz'patric
By
OF SAN LUIS OBISPO
Vu�195 NA�r.1�.9
v a-u--r-� /6u - i -
CLTA -1973 STANDARD COVERAGE
POLICY OF TITLE INSURANCE
issued by
SAFECO TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO
TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the
insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company
may become obligated to pay hereunder, sustained or incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as
stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one
physically open street or highway if the land, in fact, abuts upon one or more such
streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except
to the extent that such invalidity, or claim thereof, arises out of the transaction
evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said
mortgage being shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment
is shown in Schedule B.
tt��1
y A-SUR g
• eft �i
1141A4 c��
Secretary d'; ��ACN.5, President
*0 #*# 4
T
n Au rized ignature
P -218 (G.S.) Rev. 8 -73
CONDITIONS AND STIPULATIONS
I. Definition of Terms
The following terms when used in this
policy mean:
(a) "insured" the insured named in
Schedule A, and, subject to any rights or
defenses the Company may have had
against the named insured, those who
succeed to the interest of such insured by
operation of law as distinguished from
purchase including, but not limited to,
heirs, distributees, devisees, survivors, per-
sonal representatives, next of kin, or cor-
porate or fiduciary successors. The term
"insured" also includes M the owner of
the indebtedness secured by the insured
mortgage and each successor in ownership
of such indebtedness (reserving, however,
all rights and defenses as to any such
successor who acquires the indebtedness
by operation of law as described in the
first sentence of this subparagraph (a)
that the Company would have had against
the successor's transferor), and further
includes (ii) any governmental 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, and
(iii) the parties designated in paragraph
2(a) of these Conditions and Stipulations.
(b) "insured claimant ": an insured
claiming loss or damage hereunder.
(c) "insured lender ": the owner of an
insured mortgage.
(d) "insured mortgage ": a mortgage
shown in Schedule B, the owner of which
is named as an insured in Schedule A.
(e) "knowledge ": actual knowledge,
not constructive knowledge or notice
which may be imputed to an insured by
reason of any public records.
(f) "land ": the land described, spe-
cifically or by reference in Schedule A,
and improvements affixed thereto which
by law constitute real property; provided,
however, the term "land" does not include
any area excluded by Paragraph No. 6
of Part I „ f Schedule b of this Policy.
(g) "mortgage ": mortgage, deed of
trust, trust deed, or other security instru-
ment.
(h) "Public records ": those records
which by law impart constructive notice
of matters relating to the land.
2.(a) Continuation of Insurance
after Acquisition of Title by Insured
Lender
If this policy insures the owner of the
indebtedness secured by the insured mort-
gage, this policy shall continue in force
as of Date of Policy in favor of such in-
sured who acquires all or any part of the
estate or interest in the land described
in Schedule A by foreclosure, trustee's
sale, conveyance in lieu of foreclosure, or
other legal manner which discharges the
lien of the insured mortgage, and if such
insured is a corporation, its transferee of
the estate or interest so acquired, provided
the transferee is the parent or wholly
owned subsidiary of such insured; and in
favor of any governmental agency or in-
strumentality which acquires all or any
part of the estate or interest pursuant to
a contract of insurance or guaranty in-
suring or guaranteeing the indebtedness
secured by the insured mortgage. After
any such acquisition the amount of insur-
ance hereunder, exclusive of costs, attor-
neys' fees and expenses which the Company
may be obligated to pay, shall not ex-
ceed the least of:
M the amount of insurance stated in
Schedule A;
(if) the amount of the unpaid prin-
cipal of the indebtedness plus interest
thereon, as determined under paragraph
6(a) (iii) hereof, expenses of foreclosure
and amounts advanced to protect the lien
of the insured mortgage and secured by
said insured mortgage at the time of ac-
quisition of such estate or interest in the
land; or
(iii) the amount paid by any govern-
mental agency or instrumentality, if suc'.0
agency or instrumentality is the insured
claimant, in acquisition of such estate or
interest in satisfaction of its insurance
contract or guaranty.
(b) Continuation of Insurance
after Conveyance of Titl:
The coverage of this policy shall continue
in force as of Date of Policy, in favor of
an insured so long as :inch insured retains
an estate or 'interest in the land, or owns
an indebtedness secured by a purchase
money mortgage given by a purchaser
from such insured, or so long as such in-
sured shall have liability by reason of
covenants of warranty made by such in-
sured in any transfer or conveyance of
such estate or interest; provided, however,
this policy shall not continue in force in
favor of any purchaser from such insured
of either said estate or interest or the in-
debtedness secured by a purchase money
mortgage given to such insured.
3. Defense and Prosecution of Ac-
tions- Notice of Claim to be Given
by an Insured Claimant
(a) The Company, at its own cost and
without undue delay, shall provide for the
defense of an insured in litigation to the
extent that such litigation involves an
alleged defect, lien, encumbrance or other
matter insured against by this policy.
(b) The insured shall notify the Com-
pany promptly in writing M in case of
any litigation as set forth in (a) above,
(ii) in case knowledge shall come to an
insured hereunder of any claim of title
or interest which is adverse to the title
to the estate or interest or the lien of the
insured mortgage, as insured, and which
might cause loss or damage for which the
Company may be liable by virtue of this
policy, or (iii) if title to the estate or in-
terest or the lien of the insured mortgage,
as insured, is rejected as unmarketable.
If such prompt notice shall not be given
to the Company, then as to such insured
all liability of the Company shall cease
and terminate in regard to the matter or
matters for which such prompt notice
is required; provided, however, that fail-
ure to notify shall in no case prejudice
the rights of any such insured under this
policy unless the. Company shall be pre-
judiced 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 without
undue delay prosecute any action or pro-
ceeding or to do any other act which in
its opinion may be necessary or desir-
able to establish the title to the estate
or interest or the lien of the insured mort-
gage, as insured; and the Company may
take any appropriate action, whether or
not it shall be liable under the terms of
this policy, and shall not thereby con-
cede liability or waive any provision of
this policy.
(d) Whenever the Company shall have
brought any action• or interposed a defense
as required or permitted by the provisions
of this policy, the Company may pursue
any such litigation to final determination
by a court of competent jurisdiction and
expressly reserves the right, in its sole
discretion, to appeal from any adverse
judgment or order.
(e) In all cases where this policy per-
mits or requires the Company to prose-
cute or provide for they defense of any
action or proceeding,, [lie insured here -
tinder shall securc to Ilrc Company the
right to so prosc;ui,,. or provide d+;fense in
such action or pror:,_,_,dh, ;., :in(! all appeals
therein, and pennit the Company to use,
at its option, the name of such insured
for such purpose. Whenever rcgnested by
the Company, such insured sliail ive the
Company, at the Company's e:cpense, all
reasonable aid (1) in any such action or
proceeding in effecting settlement, secur-
ing evidence, obtaining witnesses, or prose-
cuting or defending such action or pro-
ceeding, and (2) in any other act which
in the opinion of the Company may he
necessary or desirable to establish the
title to the estate or interest or the lien
of the insured mortgage, as insured, in-
cluding but not limited to executing cor-
rective or other documents.
4. Proof of Loss or Damage - Limi-
tation of Action
In addition to the notices required tin-
der Paragraph 3(b) of these Conditions
and Stipulations, a proof of loss or dam-
age, signed and sworn to by the insured
claimant shall be furnished to the Com-
pany within 90 days after the insu:-ed
claimant shall' ascertain or determine- the
facts giving rise to such loss or damage.
Such proof of loss or damage shall de-
scribe the defect in, or lien or encum-
brance on the title, or other matter in-
sured against by this policy which con-
stitutes the basis of loss or damage, and,
when appropriate, state the basis of cal-
culating the amount of such loss or dam-
age.
Should such proof of loss or damage
fail to state facts sufficient to enable the
Company to determine its liability here-
under, insured claimant, at the written
request of Company, shall furnish such
additional information as may reasonably
be necessary to make such determination.
No right of action shall accrue to in-
sured claimant until 30 days after such
proof of loss or damage shall have been
furnished.
Failure to furnish such proof of loss or
damage shall terminate any liability of
the Company under this policy as to such
loss or damage.
5. Options to Pay or Otherwise
Settle Claims and Options to Pur-
chase Indebtedness
The Company shall have the option to
(Conditions and Stipulations Continued and Concluded on Last Page of this Policy)
• No. SP 216508-
SCHEDULE A
Policy No: 106724
Amount of Insurance $ 10,537-50
1. .Name of Insured:
CITY OF SAN LUIS OBISPO,
a municipal corporation.
Premium .$ 87.20 (A -2 —c
Date of Policy: March 21, 1977
at 8:03 a. m.
O
2. . The estate or interest. in the: land described herein - and which is covered by this policy is:
A fee as to Parcel 180 -1;
a temporary easement as to Parcel 180 -1 -1.
3.. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF SAN LUIS OBISPO,
a municipal corporation..
4. The land referred to in this policy is situated in the State of California, County of San Luis Obispo
and described as follows:
SEE DESCRIPTION ATTACHED CONSISTING OF ONE PAGE.
M18 -A (G.S.) Rev. 11 -75
California Land Title Association
Standard Coverage Policy -1973
CRC OM
F -25 (G.S.)
D E S C R I P T I O N
That portion of Lot 4 in Block 31 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 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:
Parcel 180 -1:
Beginning at the Northeasterly corner of Monterey and Santa Rosa Streets as
widened in 1916; thence Northeasterly along the Northerly line of Monterey Street,
a distance of 10.00 feet; thence at right angles Northwesterly parallel with Santa
Rosa Street a distance of 97.00 feet; thence at right angles Southwesterly along
the Southeasterly line of the land described in Book 407 at page 142 of Official
Records; a distance of 10.00 feet to a point on the Northeasterly line. of Santa Rosa
Street; thence at right angles Southeasterly along the Northeasterly line of
Santa Rosa Street a distance of 97.00 feet to the point of beginning.
Parcel 180 -1 -1:
A temporary easement for construction purposes over and across the following
described parcel of land:
Beginning at the Northeasterly corner of Monterey and Santa Rosa Streets as
widened in 1916, thence Northeasterly along the Northerly line of Monterey Street
a distance of 10.00 feet to the true point of beginning; thence continuing along
said Northerly line a distance of 10.00 feet; thence Northwesterly parallel with
Santa Rosa Street a distance of 97.00 feet to the Southerly line described in
Book 407 at page 142 of Official Records; thence Southwesterly along said Southerly
line a distance of 10.00 feet; thence Southeasterly parallel to Santa Rosa Street
to the true point of beginning.
Said temporary construction easement shall cease and terminate upon completion
of construction, but in any event, shall cease and terminate not later than
January 1, 1979.
V
P -218 -B (G.S.) Rev. 8 -73
California Land Title Association
Standard Coverage Policy -1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any
or all of which arise 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.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such. agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained
by an inspection of the land or by making inquiry of persons in possession thereof.
3.' Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4: . Discrepancies; conflicts in boundary lines; shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance.
thereof; (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred
to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this
paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a
physically open street or highway is insured by this policy.
7. 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 the land, or prohibiting a separation
in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights
appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known
to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest
insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting
in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encum-
brancer for value without knowledge.
(Schedule B continued on next page of this Policy)
P- 218 -BB (G.S.) Rev. B -73
California Land Title Association
Standard Coverage Policy -1973
PART II
1. General and special taxes for the fiscal year 1977 -78, now a lien, but not
yet due and payable.
W
OWNER'S INFLATION PROTECTIVE INDORSEMENT NO. 3
The Company, recognizing the current effect of inflation on real property valuation and intending to provide
additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by
said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the man-
ner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1
which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which
this Indorsement is attached and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maximum of insurance provided by said Policy (as said amount may have been increased theretofore
under the terms of this Indorsement) by the same percentage, if any, by which the United States De-
partment of Commerce Composite Construction Cost Index (base period 1967) for the month of September
immediately preceding exceeds such Index for the month of September one year earlier; provided, however,
that the maximum amount of insurance in force shall never exceed 175% of the amount of insurance
stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which under the
terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual
adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall
be deemed to be the amount which is in force as of the date on which the insured claimant first learned of
the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice
of such claim, whichever shall first occur.
]Nothing herein contained shall be construed as extending or changing the effective date of said Policy.
This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations there-
in, except as modified by the provisions hereof.
Dated: March 211 1977
Policy No. 106724
Ikks RA
#4 R C H
P -283 (G.S.)
Owner's Inflation Protective Indorsement No. 3
SAFECO TITLE INSURANCE COMPANY
iiy..:... --------------- - - ---- -----------------------------------------------
Authorized Signature
CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
pay or otherwise settle for or in the name
of an insured claimant any claim insured
against, or to terminate all liability and
obligations of the Company hereunder by
paying or tendering payment of the
amount of insurance under this policy
together with any costs, attorneys' fees
and expenses incurred up to the time of
such payment or tender of payment by the
insured claimant and authorized by the
Company. In case loss or damage is
claimed under this policy by the owner
of the indebtedness secured by the insured
mortgage, the Company shall have the
further option to purchase such indebted-
ness for the amount owing thereon to-
gether with all costs, attorneys' fees and
expenses which the Company is obligated
hereunder to pay. If. the Company offers
to purchase said indebtedness as herein
provided, the owner of such indebtedness
shall transfer and assign said indebtedness
and the mortgage and any collateral se-
curing the same to the Company upon
payment therefor as herein provided. Upon
such offer being made by the Company,
all liability and obligations of the Com-
pany hereunder to the owner of the in-
debtedness secured by said insured mort-
gage, other than the obligation to ,pur-
chase said indebtedness pursuant to this
paragraph, are terminated.
6. Determination and Payment of
Loss
(a) The liability of the Company
under this policy shall in no case exceed
the least of:
(i) the actual loss of the insured
claimant; or
(ii) the amount of insurance stated
in Schedule A, or, if applicable, the
amount of insurance as defined in para-
graph 2(a) hereof; or
(iii) if this policy insures the owner
of the indebtedness secured by the insured
mortgage, and provided said owner is the
insured claimant, the amount of the un-
paid principal of said indebtedness, plus
interest thereon, provided such amount
shall not include any additional principal
indebtedness created subsequent to Date
of Policy, except as to amounts advanced
to protect the lien of the insured mortgage
and secured thereby.
(b) The Company will pay, in ad-
dition to any loss insured against by this
policy, all costs imposed upon an insured
in litigation carried on by the Company
for such insured, and all costs, attorneys
fees and expenses in litigation carried on
by such insured with the written author-
ization of the Company.
(c) When the amount of loss or dam-
age has been definitely fixed in accor-
dance with the conditions of this policy,
the loss or damage shall be payable with -
in.30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable
under this policy (a) if the Company,
after having received notice of an alleged
defect, lien or encumbrance insured
against hereunder, by litigation or other-
wise, removes such defect, lien or encum-
brance or establishes the title, or the lien
of the insured mortgage, as insured, with-
in a reasonable time after receipt of such
P -218 (G.S.) Rev. 8 -93
notice; (b) in the event of litigation until
there has been a final determination by
a court of competent jurisdiction, and
disposition of all appeals therefrom, ad-
verse to the title or to the lien of the in-
sured mortgage, as insured, as provided
in paragraph 3 hereof; or (c) for liability
voluntarily admitted or assumed by an
insured without prior written consent of
the Company.
8. Reduction of Insurance; Termin-
ation 'of Liability
All payments under this policy, except
payment made for costs, attorneys' fees
and expenses, shall reduce the amount of
the insurance pro tanto; provided, how-
ever, if the owner of the indebtedness
secured by the insured mortgage is an in-
sured hereunder, then such payments,
prior to the acquisition of title to said
estate or interest as provided in paragraph
2(a) of these Conditions and Stipulations,
shall not' reduce pro tanto the amount of
the insurance afforded hereunder as to any
such insured, except to the extent that
such payments reduce the amount of the
indebtedness secured by such mortgage.
Payment in full by any person or vol-
untary satisfaction or release of the in-
sured mortgage shall terminate all liabil.
ity of the Company to an insured owner
of the indebtedness secured by the insured
mortgage, except as provided in paragraph
2(a) hereof.
9. Liability Noncumulative
It is expressly understood that the
amount of insurance under this policy, as
to the insured owner of the estate or
interest covered by this policy, shall be
reduced by any amount the Company may
pay under any policy insuring (a) a
mortgage shown or referred to in Schedule
B hereof which is a lien on the estate
or interest covered by this policy", or (b)
a mortgage hereafter executed by an
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 under this
policy. The Company shall have the option
to apply to the payment of any such mort-
gage any amount that otherwise would
be payable hereunder to the insured owner
of the estate or interest covered by this
policy and the amount so paid shall he
deemed a payment under this policy to
said insured owner.
The provisions of this paragraph 9 shall
not apply to an owner of the indebtedness
secured by the insured mortgage, unless
such insured acquires title to said estate
or interest in satisfaction of said indebt-
edness or any part thereof.
10. Subrogation Upon Payment or
Settlement
Whenever the Company shall have paid
or settled a claim under this policy, all
right of subrogation shall vest in the Com-
pany unaffected by any act of the insured
claimant, except that the owner of the in-
debtedness secured by the insured mort-
gage may release or substitute the per-
sonal liability of any debtor or guarantor,
or extend or otherwise modify the terms
of payment, or release a portion of the
estate or interest from the lien of the
insured mortgage, or release any collateral
security for the indebtedness, provided
such act occurs prior to receipt by such
insured of notice of any claim of title or
interest adverse to the title to the estate
or interest or the priority of the lien of
the insured mortgage and does not result
in any loss of priority of the lien of the
insured mortgage. The Company shall be
subrogated to and be entitled to all rights
and remedies which such insured claimant
would have had against any person or
property in respect to such claim had this
policy not been issued, and the Company
is hereby authorized and empowered to
sue, compromise or settle in its name or in
the name of the insured to the full extent
of the loss sustained by the Company.
If requested by-the Company, the insured
shall execute any and all documents to
evidence the within subrogation. If the.
payment does not cover the loss of such
insured claimant, the Company shall be
subrogated to such rights and remedies
in the proportion which said payment
bears to the amount of said loss, but such
subrogation shall be in subordination to
an insured mortgage. If loss should result
from any act of such insured claimant,
such act shall not void this policy; but the
Company, in that event, shall as to such
insured claimant 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.
11. Liability Limited to this Policy
This instrument together with all en-
dorsements and other instruments, if any,
attached hereto by the Company is the
entire policy and contract between the
insured and the Company.
Any claim of loss or damage, whether
or not based on negligence, and which
arises out of the status of the lien of the
insured mortgage or of the title to the
estate or interest covered hereby, or any
action asserting such claim, shall be re-
stricted to the provisions and conditions
and stipulations of this policy.
No amendment of or endorsement to this
policy can be made except by writing en-
dorsed hereon or attached hereto signed
by either the President, a Vice President,
the Secretary, an Assistant Secretary, or
validating officer or authorized signatory
of the Company.
No payment shall be made without pro-
ducing this policy for endorsement of such
payment unless the policy be lost or de-
stroyed, in which case proof of such loss
or destruction shall be furnished to the
satisfaction of the Company.
12. Notices, Where Sent
All notices required to be given the
Company and any statement in writing
required to be furnished the Company
shall be addressed to it at the office
which issued this policy or to its Home
Office, 13640 Roscoe Boulevard, Panorama
City, California 91409.
13. THE CHARGE SPECIFIED IN
SCHEDULE A IS THE ENTIRE
CHARGE FOR TITLE SEARCH,
TITLE F..XAMINATION AND TITLE
INSURANCE.
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Dallas, Texas
THE SOUTHLAND CORPORATION
•A Texas Corporation
• (Grantor)
Dist. CO2 my P.M. R W E.A. . .
05 - - Rgsaa — 130509
reet
O-R I G I N A L
RIGHT OF WAY CONTRACT - CITY STREET
180 -1
Document No. 180 -1 -1 in the form of a GRANT DEED
covering the property particularly described therein has been executed and
delivered to R. H. TARVIN , Right of Way Agent for the State
of'California, acting on.behalf of the City of San Luis Obispo.
In consideration o.f which, and the other considerations hereinafter set
forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for said
document.and shall relieve the City of San Luis Obispo of all further obli-
gation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.,
2. The City of San Luis Obispo shall:.
(A) Pay the undersigned grantor(s) the sum of $ 10,537.50 for
the property or interest conveyed by above document(s) when
title to said property vests in the City of San Luis Obispo
free and clear of all liens, encumbrances, assessments, ease -
ments.and leases (recorded and /or unrecorded), and taxes,
except:_.
a. Taxes for the fiscal year in which this escrow closes
which shall be cleared and paid in the manner required by
Section 4986 of the Revenue and Taxation Code, if unpaid
at the close of escrow.
b. Covenants, conditions, restrictions and reservations of
record, or contained in the above referenced document.
C. Easements or rights.of way over said land for public or
quasi- public utility or public street purposes, if any.
APPROVED BY DISTRICT 5
Dated "7 7
Ho L. Bentz' ge
Deputy District Director
F_
Right of wav
(B) Pay all escrow and recording fees incurred in this trans-
action, and if title insurance is desired by the City of
San Luis Obispo, the premium charged therefor.
(C) Have the authority to deduct and pay from the amount shown
in Clause 2(A) above, any amount necessary to satisfy any
.delinquent taxes due in any fiscal year except the fiscal
year in which this escrow closes, together with penalties
and interest thereon, and /or delinquent or nondelinquent
assessments or bonds except those which title is to be
taken subject to in accordance with the terms of this
contract.
3. Any or all moneys payable under this contract, up to and inclu-
ding.the total amount of unpaid principal and interest on note(s)
secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with the terms and conditions
of said trust deed(s) or mortgage(s) shall, upon demand(s) be made
payable to the mortgagee(s) or beneficiary(s) entitled thereunder;
said mortgagee(s) or beneficiary(s) to furnish grantors) with good
and.sufficient receipt showing said moneys credited against the
indebtedness secured by said mortgage(s) or deed(s) of trust.
4. The grantor(s) shall retain possession of the property conveyed
up to and including the date of recording of the deed conveying
title to the City of San Luis Obispo upon compliance by the grantor(s)
with the conditions of this contract. All rents collected by
grantor(s) applicable to any period thereafter shall be paid to the
City of San Luis Obispo. Either party hereto collecting rents to
which the other party is entitled shall forthwith pay such amount to
the other as is necessary to comply with the provisions of this clause.
5. Grantor(s) warrant(s) that there are no oral or written leases on
all or any portion of the property exceeding a period of one month,
and the grantor(s) further agree(s) to hold the City of San Luis Obispo
harmless and reimburse the City of San Luis Obispo for any and all of
its losses and expenses occasioned by reason of any lease of said
property held by any tenant of grantor(s) for a period exceeding one
month.
6. The undersigned,grantor(s) hereby agree(s) and consent(s) to.the
dismissal of any eminent domain action in the Superior Court wherein
the herein described land is included and also waives any and all
claims to any money that may now be on deposit in said action.
- 2 -
7. At no expense to grantor and at the time of performing the
work of improving Santa Rosa Street between Monterey and Walnut
Streets, the City of San Luis Obispo or its contractor shall
perform, but not be limited to,.the following work which is also
partially depicted on the sketch attached hereto as Exhibit A
and'made a pant hereof:
(A) Provide the necessary materials and perform the work
of relocating two parking area luminaries to a loca-
tion on grantor's remaining property, as shown on
Exhibit A attached hereto.
(B) Provide the necessary materials and perform the work
of relocating one rotating advertising sign to a
location on grantor's remaining property, as also
shown on Exhibit A attached hereto.
(C). Perform the work of cutting rear concrete block wall,
chain link fence,' and guard rail and reestablishing
or conforming as required.
(D) Construct two commercial driveways for ingress and
egress purposes to Santa Rosa Street and conform to
grade, as per Exhibit A attached hereto.
(E) Conform:Monterey Street westerly driveway to new ,
sidewalk and curb, including the work of widening
said driveway to a similar width.
(F) Adjust storage tank filler spouts and caps to new
grade, per Exhibit A attached hereto.
(G) Provide the necessary materials and perform the work
of paving with asphalt the area shown crosshatched on
Exhibit A attached hereto for the purpose of conform-
ing said area to grantor's remaining property.
8. Permission is hereby granted the City of San Luis Obispo or
its authorized agent to enter upon grantor's land, where
necessary, for the purpose of performing the work as mentioned
in Clauses 7(A) through (G) above.
Grantor understands and agrees that upon completion of the
work described in Clauses 7(A) through (G) of this contract,
said luminaries, rotating advertising sign, concrete block wall
with guard rail,and chain link fence, as mentioned in said
clauses, shall remain the sole property of the grantor, the main -
tenance and repair of said property to be that of the grantor.
- 3 -
9. It is understood and agreed that all utility services
affected by the City of San Luis Obispo's proposed construction,
which are not compensated for under the amount provided in
Clause 2(A) above and specifically designated as having been
provided for by the terms of this contract, shall be reconnected
by the City. or.its contractor at no expense to the grantor. The
City or its agent is hereby granted the right to enter upon the
remaining property of the grantor for the purpose of performing
said work.
10. This transaction will be handled through an escrow with
SAFECO Title Insurance Company, P. 0. Box 1.145, San Luis Obispo,
California 93406; their No. 10.6724.
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IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
THE SOUTHLAND CORPORATION
A Texas Corpor n
Seal
By. a
iee rest
By: O
Reco d val:
Rig t o gent
District Right of Way Agent
Acquisition Branch
CI
By
Assistant Szcretary
' Right of Tray Ag ment - Santa Rosa Street •
The Southland Company
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHE_IMER,
de la MOTTE & ILLEY
City Attorney
City Administrative fficer
A
By Allen Grimes
City En neer
RESOLUTION NO. 3250 (19 77 Series)
l
A RESOLUTIONI OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND THE SOUTHLAND COMPANY
FOR ACQUISITION OF SANTA ROSA STREET RIGHT
OF WAY.
BE IT RESOLVED by.the.Council of the City of San Luis
Obispo as follows:
1. That certain.agreement, a copy of which is on file in
the Office of the City Clerk, between the City and The .
Southland Company for acquisiton.,of right of way for Santa
Rosa Street,Widening (Document No. 180 -1 and .180-1-1)
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall, furnish a copy of this. Resolution
together with a copy of the agreement approved by it to:
the City's right of way agent and the City Engineer.
On motion of Councilman Norris seconded by Councilman
Petterson . and on the following roll call vote:.
AYES: Councilmen Graham, Gurnee, Norris, Petterson and
Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this lst day
of February 1_977 .
ATTEST:
�y nerk
Approved as to form:.
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
Dy Allen urimes
Q KENNETH E. SCHWARTZ
Mayor. . - .._..— .- - - - - --
Approved as to content:
City Administrate Officer.
City Eng'lneer
R 3250
STATE OF CALIFORNIA — BUSINESS AND TRA!O TATION AGENCY
DEPARTMENT OF TRANSPORTATION
W. 0.. BOX L, SAN LUIS OBISPO 93406
TELEPHONE (805) 549-3111
City of San Luis Obispo
P.-O. 'Box 321
San Luis Obispo,.CA 93406.
1971 AGENDA ITEM #
APPRQZ 10ND G.0RO+I[* rnor
CON'fINUED TO
January 24,-1977
R/W 05. -SLO -Santa Rosa Street
M -Y 394(1)
Parcel 180 -1, -1
The Southland Corporation
05430 130509
Attention Mr. Wayne A. Peterson
City Engineer.
Gentlemen:
Attached are .the.pertinent acquisition documents
. covering Parcel 180 -1, -1 required for the.improve
ment,of Santa Rosa Street.,
Please.arrange for execution of the original and
two copies of -the Right of Way.Contract and
acceptance,,of' the Grant Deed'by. the City-of San
Luis Obispo. These signed documents should then
be returned to this office for placement into
escrow.
Upon close of escrow.and cancellation of taxes,-.
the recorded Grant Dee d`and original Right of Way
Contract will be returned for yo- dr- files.,-
Sincerely,
H. L: Bentz' ger
Deputy - .District Director
Right .of Way
Attachments