HomeMy WebLinkAboutFortino, Ernest and Marie
"
.Escrow # 393384 Gy
! RECORDING REQUESTED BY
Titl~ Insurance & Trust Co.
P.O. Box 275
Gilroy, California 95020
D
6105058
876"~GE 359
Recorded at the request of
Title Insurance and Trust Company
AND WHEN RECORDED MA.IL TO
AUG 1 0 1978 8:00
A.M.
George A. Mann, Recorder
Santa Clara County, Official Records
D 876:!GE 359
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Individual Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS
A.P.N. 799-17-60
TO 1923 CA (12-74)
The undersigned grantor(s) declare(s): h. H ~
Documentary transfer tax is $ no consldera t:1.on
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (X~ City of GILROY , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ERNEST FORTINO and MARIE FORTINO, his wife
hereby GRANT(S) to
CITY OF GILROY, A MUNICIPAL CORPORATION
the following described real property in the
County of Santa Clara
City of Gilroy
, State of California:
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FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE.
Dated AUGUST 7, 1978
0)Uo
~ST ~ORT~~.
'A/r---t ~ ~ /7./7~
MARIE FORTINO
STATE OF CALIFORNIA }
COUNTY OF Santa Clara SS.
On August 7, 1978 before me, the under-
siO'ned, a Notary Public in and for said State, personally appeared
~ ERNEST FORTINO
MARIE FORTINO
, known to me
to be the perso~whose name1L-ar~ subscribed to the within
instrument and acknowledged that~l1~y executed the same.
WITNESS my hand and official seal.
s"YJ
Monica
OFFICIAL SEAL
MONICA M. SCAGUOnl
NOTARY PUBliC - CALIFORNIA
SANTA CLARA COUNTY
My comm. expires NOV 23, 1980
.~
(This area. for offidal notarial seal)
Title Order No. Escrow or Loan No.
-
'Ttle land referred to herein is described as lollows:
e~ 11-
D 876p~GE 360
,.
ALL THAT CERTAI~ REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION OF LOT 11, IN BLOCK 1, SOUTH RANGE 4 WEST, AS SHOWN
UPON MAP NO. 5 ACCOMPANYING REPORT OF THE COMMISSIONERS IN
HENRY MILLER, ET AL, PLAINTIFFS, VS. MASSEY THOMAS, ET AL,
DEFENDANTS, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF SANTA CLARA, CASE NUMBER 5536, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY
LINE OF HANNA STREET, WITH THE NORTHWESTERLY LINE OF SEVENTH
STREET; THENCE FROM SAID POINT OF BEGINNING NORTHWESTERLY ALONG
SAID NORTHEASTERLY LINE OF HANNA STREET FOR A DISTANCE OF
98.60 FEET TO A POINT WHICH IS 100.00 FEET SOUTHEASTERLY FROM
THE SOUTHERNMOST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED
IN THE DEED FROM JOHNNIE HAYS, ET AL, TO EDNA MARY QUINN, DATED
SEPTEMBER 13, 1937 AND RECORDED SEPTEMBER 28, 1937 IN BOOK 845
OFFICIAL RECORDS, PAGE 184; THENCE LEAVING SAID LAST MENTIONED
LINE AND RUNNING NORTHEASTERLY AND PARALLEL WITH THE SOUTHEASTERLY
LINE OF LAND SO DESCRIBED IN THE DEED TO SAID QUINN FOR A DISTANCE
OF 140.00 FEET TO A POINT IN THE NORTHWESTERLY LINE OF AN ALLEY
20.00 FEET IN WIDTH; THENCE RUNNING SOUTHEASTERLY ALONG SAID
SOUTHWESTERLY LINE OF SAID ALLEY FOR A DISTANCE OF 98.60 FEET
TO A POINT IN THE SAID NORTHWESTERLY LINE OF SEVENTH STREET;
THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF SEVENTH
STREET FOR A DISTANCE OF 140.00 fEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO JOSE S. MEDINA, ET UX
BY DEED RECORDED AUGUST 22, 1969 IN BOOK 8647, AT PAGE 175, OFFICIAL
RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 11, BLOCK 1, SOUTH RANGE 4 WEST, AS SHOWN UPON MAP NO.
5, ACCOMPANYING REPORT OF THE COMMISSIONERS IN HENRY MILLER, ET AL
PLAINTIFFS, VS. MASSEY THOMAS, ET,AL, DEFENDANTS, IN THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, CASE
NUMBER 5536, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SEVENTH
STREET, WITH THE SOUTHWESTERLY LINE OF AN ALLEY, 20.00 FEET IN WIDTH,
AS SHOWN ON THE MAP ABOVE REFERRED TO, SAID POINT OF BEGINNING, ALSO
BEING THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND, DESCRIBED
IN THE DEED FROM MARIO FORTINO, A SINGLE MAN, TO ERNEST FORTINO, A
SINGLE MAN, DATED APRIL 1, 1963, RECORDED APRIL 11, 1963 IN BOOK 5979
OF OFFICIAL RECORDS, AT PAGE 249, SANTA CLARA COUNTY RECORDS; THENCE
FROM SAID POINT OF BEGINNING, SOUTHWESTERLY ALONG THE NORTHWESTERLY
LINE OF SAID SEVENTH STREET, 70.00 FEET TO A POINT; THENCE LEAVING LAST
SAID LINE, NORTHWESTERLY AND PARALLEL WITH THE NORTHEASTERLY LINE OF
SAID LAND DEEDED TO ERNEST FORTINO, A SINGLE MAN, 98.60 PEET TO A
POINT ON THE NORTHWESTERLY LINE OF SAID LAND DEEDED TO ERNEST FORTINO,
A SINGLE MAN; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID
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D 876PAGE 361
LAND DEEDED TO ERNEST FORTINO, A SINGLE MAN, 70.00 FEET TO THE MOST
NORTHERLY CORNER THEREOF, ON THE SOUTHWESTERLY LINE OF SAID ALLEY;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LAND DEEDED
TO ERNEST FORTINO, A SINGLE MAN, ALSO BEING THE SOUTHWESTERLY LINE
OF SAID ALLEY, 98.60 FEET TO THE POINT OF BEGINNING.
D 8761)~.GE 362
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY
BY ERNEST FORTINO and MARIE FORTINO
I, the City Administrator of the City of Gilroy, do
hereby certify that pursuant to the authority given by Resolution
No. 944, adopted by the Council of the City of Gilroy on the 6th
day of July, 1965, at a regular meeting of said Council, a certified
copy of which resolution is on record in the office of the County
Recorder of the County of Santa Clara, State of California, in Book
7027, page 228, I, as said City Administrator, do hereby accept on
behalf of the said City the conveyance to the City of Gilroy by
ERNEST FORTINO and MARIE FORTINO of the premises
described in the attached conveyance dated the 7t-'h day of
AUGUST
, 19~, and that the said City of Gilroy
consents to the recordation of said conveyance.
IN WITNESS WHEREOF, have hereunto set my hand this
7th day of August
the City of Gilroy.
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TO 1961 A(8-74) California Land TItle Associ,Hion Standard Coverage Policy-1973 or American Land Title AssociiHion Owners Policy Form 8-1970
Schedule A
No.
GY-393384-B
Date of Policy:
AUGUST 10~ 1978 AT 8:00 A.M.
Prem i urn
Amount of Insurance:
$ 73500.00
$ 234.15
1. Name of Insured
CITY OF GILROY~
A MUNICIPAL CORPORATION
2. The estate or interest referred to herem is at Date of Policy vested In
CITY OF GILROY~
A MUNICIPAL CORPORATION
3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee.
.
.
APPLICATION NO. GY-3"3384
Schedule B
-
This policy does not insure against loss or damage, nor against costs. attorneys' fees or expenses, any or all of which
.ise by reason of the following:
Part I
All matters set forth in paragraphs numbered 1 (one) to 11(eleven) inclusive on the inside cover sheet of this policy under
the heading of Schedule B Part I.
Part II
1. TAXES, BONDS AND/OR ASSESSMENTS, SEE EXHIBIT I ATTACHED.
TO 1866 C (8-,"5) American Land Title Assoc i3t ion Loan Pol icy-1970 w itr A L T A Endorsement Form 1 Coverage Dr American
Land Title As::;ociation'Owner's Policy Form 8-1970 or California Land ,itle Association Standard Coverage Pollcy-1973
APPLICATION NO. GY-393384
Schedule C
The land referred to herein is described as follows:
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION OF LOT 11, IN BLOCK 1, SOUTH RANGE 4 WEST, AS SHOWN
UPON MAP NO. 5 ACCOMPANYING REPORT OF THE COMMISSIONERS IN
HENRY MILLER, ET AL, PLAINTIFFS, VS. MASSEY THOMAS, ET AL,
DEFENDANTS, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF SANTA CLARA, CASE NUMBER 5536, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY
LINE OF HANNA STREET, WITH THE NORTHWESTERLY LINE OF SEVENTH
STREET; THENCE FROM SAID POINT OF BEGINNING NORTHWESTERLY ALONG
SAID NORTHEASTERLY LINE OF HANNA STREET FOR A DISTANCE OF
98.60 FEET TO A POINT WHICH IS 100.00 FEET SOUTHEASTERLY FROM
THE SOUTHERNMOST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED
IN THE DEED FROM JOHNNIE HAYS, ET AL, TO EDNA MARY QUINN, DATED
SEPTEMBER 13, 1937 AND RECORDED SEPTEMBER 28, 1937 IN BOOK 845
OFFICIAL RECORDS, PAGE 184; THENCE LEAVING SAID LAST MENTIONED
LINE AND RUNNING NORTHEASTERLY AND PARALLEL WITH THE SOUTHEASTERLY
LINE OF LAND SO DESCRIBED IN THE DEED TO SAID QUINN FOR A DISTANCE
OF 140.00 FEET TO A POINT IN THE NORTHWESTERLY LINE OF AN ALLEY
20.00 FEET IN WIDTH; THENCE RUNNING SOUTHEASTERLY ALONG SAID
SOUTHWESTERLY LINE OF SAID ALLEY FOR A DISTANCE OF 98.60 FEET
TO A POINT IN THE SAID NORTHWESTERLY LINE OF SEVENTH STREET;
THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF SEVENTH
STREET FOR A DISTANCE OF 140.00 fEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO JOSE S. MEDINA, ET UX
BY DEED RECORDED AUGUST 22, 1969 IN BOOK 8647, AT PAGE 175, OFFICIAL
RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 11, BLOCK 1, SOUTH RANGE 4 WEST, AS SHOWN UPON MAP NO.
5, ACCOMPANYING REPORT OF THE COMMISSIONERS IN HENRY MILLER, ET AL
PLAINTIFFS, VS. MASSEY THOMAS, ET AL, DEFENDANTS, IN THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, CASE
NUMBER 5536, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SEVENTH
STREET, WITH THE SOUTHWESTERLY LINE OF AN ALLEY, 20.00 FEET IN WIDTH,
AS SHOWN ON THE MAP ABOVE REFERRED TO, SAID POINT OF BEGINNING, ALSO
BEING THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND, DESCRIBED
IN THE DEED FROM MARIO FORTINO, A SINGLE MAN, TO ERNEST FORTINO, A
SINGLE MAN, DATED APRIL I} 1963, RECORDED APRIL 11, 1963 IN BOOK 5979
OF OFFICIAL RECORDS, AT PAGE 249} SANTA CLARA COUNTY RECORDS; THENCE
FROM SAID POINT OF BEGINNING, SOUTHWESTERLY ALONG THE NORTHWESTERLY
LINE OF SAID SEVENTH STREET} 70.00 FEET TO A POINT; THENCE LEAVING LAST
SAID LINE} NORTHWESTERLY AND PARALLEL WITH THE NORTHEASTERLY LINE OF
SAID LAND DEEDED TO ERNEST FORTINO} A SINGLE MAN} 98.60 FEET TO A
POINT ON THE NORTHWESTERLY LINE OF SAID LAND DEEDED TO ERNEST FORTINO}
A SINGLE MAN; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID
APPLICATION NO. GY-393384
LAND DEEDED TO ERNEST FORTINO, A SINGLE MAN, 70.00 FEET TO THE MOST
NORTHERLY CORNER THEREOF, ON THE SOUTHWESTERLY LINE OF SAID ALLEY;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LAND DEEDED
TO ERNEST FORTINO, A SINGLE MAN, ALSO BEING THE SOUTHWESTERLY LINE
OF SAID ALLEY, 98.60 FEET TO THE POINT OF BEGINNING.
APPLICATION NO. GY-393384
Exhibit I
A. TAXES FOR THE FISCAL YEAR 1978-79, A LIEN NOT YET PAYABLE.
TO t919.1 CA (4-75)
INDORSEMENT FORM 41 I-REV.
OWNER'S INFLATION PROTECTION INDORSEMENT
ATTACHED TO POLICY NO. G Y - 3 93384- B
ISSUED BY
Title Insurance and Trust Company
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 manner 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 amount 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 Department of Commerce Composite Construction Cost
Index (base period 1967) for the month of September immediately preceding exceeds the
highest Index number for the month of September in any previous year which is subsequent
to Date of Policy; provided, however, that the maximum amount of insurance in force shall
never exceed 150% 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 therein, except as modified by the provisions hereof.
Title Insurance and Trust Company
By
t#
Secretary
NOTE: In connection with a future application for title insurance covering said land, reissue credit
on premium charges (if applicable at all) will be allowed only upon the original face amount of
insurance as stated in Schedule A of said Policy.