HomeMy WebLinkAboutGeneral Plan Amendment GPA1984003C - Supporting Documents..-..'X. .f .,«-.'i ...
"LIFO 1A LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1973
1
CHICAGO TITLE INSURANCE COMPANY
LT
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF.' C
CHICAGO TILE INSURANCE COMPANY, a Missouri corporation, herein called the Company,
insures the inst<red, as of Date of Polic} 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 Iecome obligated to pay hereunder, sustained or incurred by said insured by reason uf'
I 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 tide; or
4. Any lack of the ordinary right of an at suing owner for access to at least one physically open streeta
or highway if the land, in fact, abuts upon one or . 're 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 ex:ept 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
h. any consumer credit protection or truth in lending Iaw;
6. Pr.ormty of any lien or encumbrance over the lien of the insured mortgacc, 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.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPAN Y has caused this policy to be
signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory.
CHICAGO TITTLE INSURANCE COy4PANY
Issued by:
CHICAGO TITLE INSURANCE CO
17671 Irvine Boulevard, Suite 119
Tustin, California 92680
(714) 832-7222
EXHIBIT B
ATTEST:
f
I
1. b*Knltian of termsThe fo! owing terms wbrn used in this polt.,s im
(a) ' insured' the Insured named un S»hedulc .A, and subyect
to :ray rights or defenses the Company may bane had against the
na•red insura those v, ho succeed to the interest of Such insuredb- operation of law as distinguished from purchase includingr but
rat limitci to. heirs, disc ributres , devisees, survivors. personal
rrpresentatrses. next of kin, or corporate at fiduciary sue •ssors
The term ,insured" a`,o includes (1) the owner of the ind,bted-
ness secured by the insured mortgage and each sucee,u,r in
ownership of such indebtedness (resersing. however, all rights
and defenses as ti> any such successor who acquires the indebted-
ness by operation of law as §(cseribed in the first sentence of
this subparagraph la) that the Company would have had against
the succcssor-i trans(eror), and further includes (ii) any govern.
rnchtal agency or instrumentality which is an insurer or guarantor
up lei an insurance contract or guaranty insuring or guaranteeing
IS d Indebtedness, or any part thereof, whether named as s.,i cured herein or not, and (iii) the parties designated in r' ra'
graph 2ial of these Conditions and Stipulations
(b) "insured clan. . an insured claiming loss or dam-
age hereunder.
(c) "insured fender": the owner of an insured mortgage.
(d) -insured mortgage". a mort gage shown in Schedalc B.
the owner of which is named as an insured in Schedule A
let "lnowledpe": actual knowledge. not constructive know).
edge or notice which may be imputed to an insured by reason
of ant public records
(It `land" the land described. specifically or by reference
in Schedule A. and improvements affixed thereto which by law
eorstrtute real property, provided. however. the term "land doesnot include any area excluded by Paragraph No, 6 of Part I of
Schedule B of this Policy
(.it ..mortgage'.: mortgage, deed of trust, trust deed, or
other security instrument
(h) "public records": those records which by law impart
constructive notice of matters relating to the land.
2. (a) Continuation at Intwr.nre roar Atr(wtetrlas of Title by
insured Lander
If this poll-;; insures the owner of the tndebredness secured
by the insured mortgage this polies shalt continue sn frircr as
of Date of Policy in Savor of such insured si ho acq_:rrs all
or any part of the estate or merest in the land drseuhcd inSchedule A by loreclosure . trustees sale, conveyance in lieu of
foreclosure, or other lrga' manner which &schargcs the lien of
the insured mortg,gt, and if such intated is at corporation. itstransferee of the estate or interest so acquwrrd, prtr',ded the trans-
feree is the parent or wholly a"neck su tid.ary of such insured
and in favor of any po,rm rirnta. agency or insrrumenrali.r which
acqultes all or an% part of the estate or unter,:st pursuant to a
eonrracr of insurance or gua-anty insuring or guaranteeing the
indebtedness secured by the insured mortgage. After any such
acqursrrro:r the amount of insu-ante hereunder, exctustve of costs,
arrnmcy5 fees and expenses which the Company may be obligated
to pa), shall not exceed the least of
(i) the amount of insurance stated in Schrdute Al
Slit the amount of the unpaid principal of the indebted -
ncas plus interest thereon, as determined under gait,
graph 6(a)in) hereof- expenses of foreclosure and
amounts advanced to protect the lien of the insured
mortgage and seeu-td by said insured mortgage at
the time of acquisition of such estate or interest in
the land, or
the amount paid by any govemmentst agency or
snstrumer,tslity, if such agency or insrrument,hty is
Ih: insured claimant, in acquisition of such estate or
interest in satisfaction of its insurance contract or
guaranty
(Y) C.nrlnuatt .n of Inurrence Soler Conveyance .f Thee
The coverage of this policy shall continue in force as of Dateof Policy. in favor of an insured so long es such 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 insured sna)l have liability by reason
of covenants of warranty made by such insured in any transfer
or cs.^seyancc of such estate or interest, provided, however, this
polic.y shell not continue in force in favor of any purehasv r from
such .,,cured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such insured
s, Defense and Prosesutlen ssf Attl.nt -1t.tke of Claim to And,
Given by .it Inswrod Claimant
(a) The Compan), at its own cost and without undue delay,
shall provide for the defense of an insured in litigation to theextent that such litigation involves an alleged defect, lien, encum-
brance' or other matter insurto against by this policy.
(b) The ir.st,cd -tall ry the Carnp.ny prrumptls in
wi-itirg (ii In c:sc irf env ht. on as set forth rn (Ai a!^ovc,
(lit to cats knowfe'tgc shalt some to an insured bereunder of
any claim of title or nr,, rest which is a adverse to the title to the
estate or imeres or the Seri of the insured mort^agc. as insured,
and which night cause loss or damage for which the Company
may be liable by virtue of this policy, or (IiiI if title to the estate
or interest or the lie" the insured mortgage. as insured, is
lexdttd as unm.ri, .a( . If such prompt notice shall not be
given to the Company,n as to such tns•1red all liability of
the Company shall cease and terminate in regard to the matter
or matters for which such prompt notice is required, provided,
howescr, that failure to notify shall in no rase prejudice the
rights of any such insured under this policy unless the Company
strap be prejudiced by such failure and then only to the extent
of such prejudice,
(o) The Company shall have the right at its own cost toinstitute and without undue delay prosecute any action or pro-
ceeding or to do any other act which in its opinion may be neces-
sary at desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured; And the Company
may 'take any appropriate action, whether or not it shall be liableunder the terms of ibis policy, and shall nor thereby concede
liability or waive omy provision of this policy,
Idy Whenever the Company shall have brought any actionor interposed a defense as required at permitted by the provisions
of this policy, the Company may pursue any such litigation to final
determmauon by a court of competent jurisdiction and expresslyreserves the right, in its sole discretion, to appeal from any adverse
yudtment or order.
(e) In Pit cuts where this policy permits or requires the
Company 10 prosecute or provide for the defense of any action
or proceeding. the insured hereunder shall secure to the Company
the right to so prosecute or provide defense in such action orproceeding. and all appeals therein, and permit the Company to
use, at its option. the name of such insured for such purpose.Vshencver requested by the Company, such insured shall give the
Company, at the Csmparry-s expense, All rcasonahle aid t l y in any
such acticir, or prtsccedutg in effecting settlement, securing esidencc,
obtaining wrcncsses. or prosecuting or defending such action orprc..eed.ng and (.y in an)' other act which in the opinion of the
Cornpans inay be necessary or desirable to estarhsh the title to
the estate ar interest at t e lien of the insured mortpagc, as insured,
trsc,jdaig h;:t oar Ltuttid to executing eorrrcti,c or other duc:a-
rrents
d. Frr ,.1 at tats .r itarwpprr --ti.n rrutisa .f Action
Ir adthucrr to the nurices required under Paragraph 3ibt of
thtu Ccndrra^s an: ., ipaiatrons. a proof of loss or damage. signed
an,1 swam to by the i - red c;air`tant shall br famished to the
Crmpanp scrthrtt 90 davs :tcr the' trtturrd clamant shall ascertainor drirrrninr the facts giywg rise to such loss or damage Such
proof of loss or damage shall describe the dcf-ci in, or lien or
encumtrance on the title, or other matter insured against by this
pokey which constitutes the basis of loss or damage, and, when
appropnatc, state the basis of calculating the amount of such loss
or darnar-e - -
Should such proof of loss or damage fail to state facts sufficient
to enable the Company to determine its liability hereunder, insured
claimant at the written request of Company. shad furnish such
additional information as may reasonr.bly be necessary to makesuch determination,
No right of action shall accrue to insured claimant until 30 days
after such proof of loss or damage shalt have been furnished.
1-ailur to fumish such proof of loss or damage shall terminate
any liability of the Company under this policy as to such loss or
damage.
S. Oj.tt.ns to Pay a otherwise Settle CI.hns *nd Oprl.nt to
Purchase fn6.5i.lnati
The Company shall have tie option to 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. 2a case lossor 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 indebtedness for the
amount owing thereon together with all costs, attorneys' fees and
expenses which the Company is obligated ht,teunder 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 securing the same
to the Company upon payment therefor as herein provided, Upon
such olfetr being made by the Company, all liability and obtigtttonsof the Company lxreundcr to the owner of the indebtedness
Polley No. 33860-9
order No. 33860-9
t. Name of Insure.
4._,e of Policy
June 6 , 1980
at 8:00 A.M.
Amou- of Insurance $ 33, 955.000.01
Charge $6 ,003.01
RETIREMENT FUND TRUST OF THE PLUMBING, HEATINC AND
PIPING INDUSTRY OF SOUTHERN CALIFORNIA
The estate or interest in the land described herein and which is covered by this pol.cy is,
A Fee
The estate of interest referred to.:erein is at Date of Policy vested ire.
RETIREMENT FUND TRUST OF THE PLUMBING, flFATING AND
PIPING INDUSTRY OF SOUTHERN CALIFORNIA
4. The land referred to in this policy is situated ut the County of OranUe
California , and is described as follows
(SEE DESCRIPTIONS ATTACHED)
tale of
I
I
litiM 3235IR1 . 751 This policy valid only if Schedule B is attached ChiagaTitle AtwranccComi+srr>
" l_kil_. 7 iliLwY i.r..• :.r;•.a,. a.. .,. aOr, No. 3386C-9
;CHEDiJLE A COF' IN',JEA
DESCRIPTION
nARCEL A: Parcel 1 , i n the City of Huntington Beach, County of Orange,
State of California , as shown on a map filed in book 24 page 50 of Parcel
Maps, in the office of the County Recorder of said County.
EXCEPTING f rom a portion of said land all minerals , petroleum , asphaltum,
Brea , oil, gas and other hydrocarbons , in, upon or under , or that may be
produced from said land , as conveyed -to Cajo Oil Company, a co-partnership,
by deed recorded in book 2317 page 595, Official Records . By quitclaim
deed recorded in book 8051 page 141, Official Records, Cajo Oil, Company, a
co-partnership , quitclaimed any and all right to enter upon or use the
surface and/or subsurface to a depth of 500 feet measured from the present
surface of tte ground,
EXCEPTING from the remainder all oil, gas, petroleum and other mineral or
hydrocarbon substances in and under or which may be produced from said
land, together with the right to use that portion only of said land which
underlies a plane parallel to and SDC feet below the present surface of
said land, for the purpose of prospecting for, developing and/or extracting
said oil, gas, petroleum, and other mineral or hydrocarbon substances
from said land by means of wells drilled into said subsurface of said land
from drill sites located on other lands, it being expressly understood and
agreed that said Carl R. Steverson and others, their heirs and assigns,
shall have no right to enter upon the surface of said land, or to use said
land or any portion thereof to said depth of 500 feet, for any purpose
whatsoever, as reserved by Carl R. Steverson and others, by deed to the
Southern California Edison Corpany, a corporation, recorded September 19,
1966 in book 8051 pages 131 and 137, Official Records.
PARCEL B: That portion of the Northwest quarter of the Northwest quarter
of Section 1, Township 6 South, Range 11 West, in the Rancho Los Soisas,
City of Huntington Beach, County of Orange, State of California, as shown
on a map recorded in book 51 page 14 of Miscellaneous Maps, in the office
of the County Recorder of said county,
The West 55 feet of the East 215 feet and the West 110 feet of the East
160 feet of the following:
Beginning at a point in the Westerly line of '.said Sect 'on 1, 2466 feet
Northerly from the Southwest corner of the Northwest quarter of said
Section l; thence East 530 feet thence Northerly parallel with the Westerly
line of said Section , to the Northerly line of said Section ; thence
Westerly along said Northerly line 530 feet ; thence Southerly to the point
of beginning.
PARCEL C: That portion of the West half of the Northwest quarter of
Section 1, Township 6 South, Range 11 West, in.the Rancho Las Bolsas, City
of Huntington Beach, County of Orange, State of California, as shown on a
map recorded in book 51 page 14'of Miscellaneous Maps, in the office of
the County Recorder of said County, described as follows:
-Continued,..
I
•pM s.a s.oi
'REDULE A CONTINUED
Ord No. 33860-9
!ginning at the intersection of the center line of Garfield Avenue, 60
?et wide, with, the Westerly lint' of that portion of said West half of the
arthwest quarter conveyed to Anaheim Sugar Company by deed recorded in
aok 450 page 240, Off'cial Records of Orange County, California; thence
,utherly along said Westerly line to a point in a line that is parallel
ith and 660.00 fegL Southerly, measured at right angles, from said center
ine of Garfield Avenue; thence Easterly along said parallel line to a
aint in a line that is parallel with'and 330.00 feet, Easterly, measured
t right angles, from said Westerly line; thence Northerly, along said
ast mentioned parallel line, 660.00 feet to the intersection thereof with
aid center line of Garfield Avenue, thence Westerly along said center
ine 330.00 feet to the point of beginning.
XCEPTING therefrom all cil, gas, petroleum and other mineral or
ydrocarbon substances in, under or which may be produced from said
and together with and including as incident thereto the right to use that
ortion only of said land which underlies a plane parallel to and 500 feet
Blow the present surface of said land for the purpose of prospecting for,
eveloping and/or extracting said oil, gas, petroleum, and other mineral
r hydrocarbon substances from said land by means of wells drilled into
aid subsurface of said land from drill sites located on other land and
hall have no right to enter upon the surface of saie land or to use said
and or any portion thereof to said depth of 500 feet for any purpose
,hatsoever, as reserved in the deeds from Dorothy Thayer Peck, Charles H.
'hatcher and Title Insurance and Trust Comrpany, as Trustees, recorded June
2th, 1958 and from Dorothy T. Peck and Charles H. Thatcher, as Executors
mf the Will of Aldrich R. Peck, deceased, recorded June 12th, 1958 in book
.313 pages 23 and 37 of Official Records.
'ode: 04-001
'arcels: 153-041-22. 153-041-21, 153-041-20, 153-024-54 and 153-041-24
d
'O.s xsa.at
s., r
,F
Pot Va,33840.9
This policy does not insure arainst loss or damage, nor against costs , attorneys' fees or ezptnses,
any or all of which arise by reason of the fofowin&:
PAIi.T I
I Tssrs or as'essmrnts whirh are not shown at misting liens by thr records of a.ny taxing aathorit, that Icries
tatrs or assessments on teal property or by the public records,
Prorcedingt ky a public agenry which mar result in saves or atsrsstnents, or notices of such prorcrding',
whether or oat shown by iitr rrrotdi of such agenry or by the public records -
2. Ant farts. rights. in err't' or claims whirh are not shown by the public records but which could be arterteinrd
by an inspection of the land or by mating inquiry ar persons in possession thereof.
3. Easements , liens or encumbrances . or claims thereof , which are not shown by the public records.
4. Discrepancies. ronfirts in boundary lines. cltortage in area. encroachments, or any other !arts which a correctsurvey would disclose, and which arc not shown by the public rrrorha
5, fat t npatented mining claims : (bl resrnationa or exceptions in patents or In Acts autborizin the issuance
thereol; set water tights , claims or title to avater.
6. Any right. title. intrre4I estate or comment in land beyond the lines of the area sprrifitall• described or referred
to In Schedule A. or in abutting sirrtti. toad'. acenurs, ells i, lane .. ways or waterMays , but nothing in this
paragraph shall modify or limit the rvtent to which the ordinary right of an abusing owner for arrrsa to a
physically open street or highway is insured by ibis polity.
i. Any ]a%. ordinance or go+rrnrnrntal rrlulation (including but not limited to buildirg and zoning vrdinanrrst
restricting or regulating or praltibitinr the occupants , use or enjoyment of th. land, or regulating it), rharartcr,
dimensions or location of any improvement now or hereafter crated on the ]and, or prohibiting a separationin ownership or a reduction in the dimrnaons or area of the land, or the r0ert of any tiiolstion of any such
law. ordinance or governmental tegnlation.
8. Rights of eminent domain or go+rrnmental rights of pot
ice power unless notice of the exertfse of such rights
appears in the pubht records,
9. Defects, lien<. enrumhraner .. adsrrsr rlaims , or other matters fat rreatrd, suffered, assumed or agreed to by
the inured claimant tb I not .hown by the public record' and not others-ist e,;tluded from covers;v but knownto the insured claimant either at pate of Polity cr at the date sorb claimant acquired an estate or interest
invtrrd by this polity or arquir t the insured mortgage and not dtsrlosrd in writing by the insured claimant
Ia the Compare prior to the d,itch fn•urrd claimant became an insured herenndrr; iri rrsalting in no loss
or damage to the insured tit,. 'd, asarhtng or ci eatrd s tbsequent to Date of Pulity ; or (et resulting in
loss or danste which would rtase been snitainrd it the inwrrd claimant had betn a putrhaser or
encumbrancer for salue w boot knowledge.
PART 11
General and special taxes, a lien not yet payable-, for the fiscal
ear 1980-1981.
. A lien, if any, for additional real property taxes which tray be
ssessed or re-assessed as a result of Article XiIIA of the Constitution
I the State of California (Jarvis-Gann Tax Limitation Initiative-
roposition 13) or other statutes implementing any provisions thereof.
The Reservation for roads, railroads and ditches over the North 30
eet of Parcels H and C, as reserved in the deed from Stearns Ranchos
ornpany, a corporation, recorded December 19, 1900 in book 30 page 255, of
eeds.
ontinued...
Vstittatinr Sgrsalsry
n 3236--(R 10-73)
NOTE: The following endorsements appt;arinr after
Schedule B are an integral part of this policy:
Schedule 8 of this Policy consists of pages, Cltiaro Title Insurssnct Company
I
X
SCHEDULC B CONTINUEtj
Ore No. 33860-9
4. The use and control of cienegas and natural streams of water, if
any naturally upon, flowing across, into or by said described tract, and
the right of way for and to construct irzigation or drainage ditches
through said tract to irrigate or drain the adjacent land, as reserved in
the deeds of record.
5. An easement for electric lines and incidental purposes, as granted to
Southern California Edison Company, a corporation, in deed
Recorded; in Book 7189 Page 843 , Official Records
Affects: the Southerly 20.00 feet of the Northerly 50.00 feet of
Parcel B
6. A covenant and agreement with the City of B untington. Beach, executed
by J. L. Steverson, R. C. Schweitzer, Carl R. Steverson and H. G. Tibbet
'Recorded: in book 8055 page 847, Official Records
Affects: Parcel A
7. An easement for purposes shown and incidental purposes as
provided in the-deed
Recorded: in Book 9886 Page 733 , Official Records
For. road purposes
Affects: tue Southerly 20 feet of the Northerly 50 feet of Parcels E and C
Oar u4bs s
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3DNrr0 10 d3NnOZIto 3D71 Ssi x0Ordr• Spofs35Spi31ZiU NI NMOMSSl# fl& 1bWVdux.)O3r 5 vosS)$Sp']JONdrip 73.78rd9f•SSI09S/ H'"v, 'v,H19- )rlwIiNrw1 r#Alr wjrir MbilwuMW!}erff At f... f1RI01 .11)r to'61 Cl3M ifMsuH71r.i'!rHrzl)avld!f1rfr j,a0i!ItrO`EstdIMPORTANT. This map isfurnished as a con-venience to locate the land indicated hereonrrir5o 9 r35`at trltlnrx with reference to streets and other land. Noliability Is asst,,!red by reason of rplioncehereon, unless expressly extended by I:1, !.. aIs-+oan ern r rsementsto which it Is attached.
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at4urrd by sa:d ;,rcr r1:. loner titan teat r: ari
pur,!tacc said ir.dtl^aednrss pu:s;ant to this pa,__ ph, are ter
minuted.
$, bs rrvii.aiT .and Pey,'nant at Laax
(a) The liatility of the Company under this t. .,cy shall in
no cast to red 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 arrsocnl of inurance as defined in para.graph
T(a) hereof; or
(iii) if this policy insures th. owner of the indebtedness
secured by the insured mortgage, and provided saidowner is the insured claimant, the amount of the ten'
paid principal of said indebtedness, plus interest there-
on. provided such amount shall not include any
additional principal a indebtedness created subsequent
to Date of Policy, except as to amounts advanced toprotect the lien of the insured mortgage and secured
thereby.
(b) The Company will pay, in addition 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. anomays' fors and expenses in litigation ca led on by
such insured with the written authorization of the Company.
(c) When the amount of loss or damage has oxen definitely
fixed in accordance with the conditions of this policy, the loss or
damage shall be payable within 30 days thereafter,
7, Umnhatlon of Usilelttty
No claim shall arise or be maintainable under this policy
(a) if the Company, after having received notice of an alleged
defect, lien or ertcumt' •nee insured a, ainsi hereunder. 'ry litiga-
tion or otherwise. removes such defect. lien or encuml;ance orestablishes the title. or the lien of inc insured mortgage. as
insured. within a reasonable time after receipt of such notice.
(b) in rte event of litigation until there has been a final deter-
mination by a court of competent jurisdiction, and disposition
of all appeals therefrom, adverse to the title or to the lien
of the insured 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,
i. tisdattton of Insurance: Taiminailan of tt.l.tttty
All payments under this policy, except payment made for
costs. attorneys' fees and expenses, shall reduce the amount ofthe insurance pro tantn: provided. however, if the owner of the
indebtedness secured by the insured mortgage is an inscrrd here-
under, then such payments, prior to the acquisition. c1 tale to
said estate or interest as provided in paragraph 2tai of these
Conditions and Stipulatirnit shall not reduce pro Unto the
amount of the insurance afforded hereunder as to any seJh
insured, except to the extent that such payments reduce the
amount of the indebtedness secured by such mortgage
Payment in full by : * ;erson or voluntary satisfaction or
release or the insured m.;rtgcge shall terminate all liability of
the Company to an insured owner of the indebtedness secured
by the insured mortgage, except as provided in paragraph 2ta1
hereof.
t, t.tabtttry Neu.rvmutattvaIt 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 Com
pany may pay under any policy insuring (a,, a mortgage shown
or referred in in Schedule B hereof which is a lien rut the estate
or interest covered by this policy, or (h) a montage hereafter
execute't by an insured which is a charge or lien an 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
w :.
in ally $i;tiaes at. :.,:. i F: ,... v.. .« -..4b4 rtw_ ,,5 i:w;,r' of thf es err s i 'u er'
coiesed t} this and the amount so paid shall be s.r :rr_d
is payment undr• this w>iicy t id insured owner.The provis)cyns of this paray, r 9 shall not apply to an owner
of the indrbudstcss secured by the insured mortgage, unless such
insured acquires title to said estate of interest its satisfaction of
said indebtedness or any part thereof.
tR, SubrairatiAn UPan Payment r tHtamont
Whenever the Company shall hase paid or settled a claim
under this policy, all right it subrogation shall vest in the Com-pany unaffected by any act of the insured claimant. except that
the owner of the indebtedness secured by the insured montage
may release or substitute the Personal liability of any debtor orguarantor, or extend or otherwise modify the terms of payment,
or release a portion or the estate or interest from the lien of t
the insured mortgag 'r release arty collateral security for the
indebtedness provide, 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 theinsured mortgage and does not result in any loss of priority of
the lien of the insured mortgage The Company shalt be subro'
4 t d to and be entitled to all rights and remedies which such
insured claimant would have had agai, it 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. com-
promise 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 subro-gated to such rig>•ts 'rid remedies lit the proportion which said
payment bears to the amount of said loss, but such subrogation
shall be in subordl.iation to an insured mortgage. If loss should
result from any act of such insured claimant, such act shall notvoid 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
or subrogation.
11, Uaktlhy ttmrtad to tkb Policy
This instrument together with all endotsements and otherinstruments, if aim. attached hereto by the Company is the entire
policy and contract between the insured and the Ccmr.any.
Any claim of loss or damage. whether or not based on negli-genet, and which apses out of the status of the lien of the
insured mo!tgagr or of the title to the estate or irrcrtsi catered
hcrrby. or any action asserting such claim, shall'I-c restric :d to
the provisi,ms and conditions and sa:pt;lations of this policy.
No ames'dment of or rndarscmen to this polies can In made
except by wining endorsed hereon v r atta,hed hereto signed by
either the President, it Vice P"sidcnt the Secretary, an Assistant
Secretary, or validating officer or authorized signatory of the
Company.
No payment shall be made without producing this policy for
endorsement of such payment unless the polity be lost or de'stroytd. in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
12, Hai sus, Where Sant
All notices required to be given the Company and any state'
mein in writing required to be furnished the Company shall be
addressed to it at I I I W Washington Street, Chicago, Illinois601,112 or at any branch office of the Company shown on the
reverse side hereof.
M rot
THE CHARGE SPECIFIED IN SCHEDULE A IS THE
P' TIRE t. "BARGE FOR TITI E SEARCH, TITLE EXAhtINA-TION AND TITLE INSURANCE
CALIFORNt4 LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1973
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,
CHICArO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company,
insures the insured, as of Date of Policy shown in Schcdulc A, against loss or damage, not exceeding
the amount of insurance statcd 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. Unnrarketability of such title; or
4. Any Jack 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 Icnder only:
Invalidity of the hen of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction eviden.:ed by the insured mortgage
and is basc.4 upon
a. usury, or
b any consumer credit p'otcction or true:: in fending law,
6. Priority of any lien or encumbrance over the lien of the insured inortgage, said mortgage fixing 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.
In f37rness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be
signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when
countersigned by an author ed signatory.
Issued by;
CK .AGO TITLE INSURANCE Co
17671 Irvine Boulevard, Suite 1 19
Tustin, California 92680
(714) 832-7222
0
p r i
..G,.s
EXHIBIT B
CHICAGO TIT' INSURANCE COMPANY
ATTEST
ZB•7Cr '°i.Secretary
r
i
f.Aorni{wn of mime7'nc f£ , .irg tetras wben u+ed in if.is pohI y mean
(al `insured the uisurtd Wanted in S,.hrduie A, and. subject
to any rights or defenses the Company may tease had ai;atnsi the
named insured those who succeed to the interest of such insured
by Operation of law as distinguished from purchase includir;,. hu'
not limited to, heirs. disiributees, devisers. suryitort ie orajl
represcnrauses rest of kin, or corporate or fiduciary successors.
The term 'insued" also includes (i) the owner of the Indebted-
tic" secured by the insured mortgage and each successor it.
ownership of such indebtedness (reserstng, bowevcr, all rights
and defenses as to any such successor who acquires the indebted-
ness by Operation of law as Itlescribed in the first sentence of
this subparagraph lay that the Company would have had against
the tuc£cssor's transferor), and further includes (ii) any govern-
mental agency or instrumentality which is an insurer or guarantor
under an Insurance contract or guaranty insuring or guaranteeing
said mdebledness. or any part thereof. whether named as aninsured herein or not, and fin ) the parties designated in para-
graph ;lay of these Conditions and Stipulations
(b) "insured claimant": an insured claiming loss or dam-age hereunder.
(c) "insured tender": the owner of an insured mor-gage(d) "insured mongage". a mortgage sho.vn in Schedule B.
the owner of which is named as an insured in Schedule A
(c) 'J,nowtedge-L; actual knowledge, not constructive knowl•
edge or notice which may be imputed to an insured by reason
of any public records.
(11 "land". the land described- specifically or by reference
in Schedule A. and improvements affixed thereto which by law
co''.-nit real property; prosidkd. however. The terrrt "land" doesnot include any area excluded by Paragraph No 6 of an 1 ofSchedule B of this Policy
.(gl "mo :page": mortgage, decd of trust, trust deed, or
other security instrument,
(h) "public records": those records which by law impart
constructive notice of matters re?acing to the land-
2. [a) Cantinuotlai of Insurance after Activist+Ian of Shia AY
(ntvred sanderIf this policy resures the owner of the indebtedness secured
by the insured mortgage, this policy shall continue in force asof Date of Polo,, to favor of cu:h :naiad who acquires alll
or an% part of the estate or Interest in thr land described in
Schedule A by fcrejosure, trutrre's sale. £ rsesancc it tic of
foreclosure, or other legal manner which discharges the lien of
the insi:rtd morrtapc. and if such inhurtd i, a c Irpc'.-aricn, its
rtarsfetet of the esta:c or interest s:, acqu:,-cd. provided the trans
ferce is the paten: or wholly owned suthsidia*y of such ir.surd,
and in fa..or of at,governmental: agency or instrtsmentauirr wiiiJ,acquires all or any part of the estate or interest pursuant to a
contract of in>urance or guW.ranty insuring or guaranteeing the
indebtedness secured by the insured martgape Azar any such
acquisition the amount of insurance hereunder, exclus,vt of costs,
attorneyti fees and expenses which the Company m.y be obligated
to pay, shat] not exceed the least of.
fit the amount of insurance stated in Schedule A.
(ii) the amount of the unpaid principal of the mdebted-
ness phut interest thereon, as determined under papa'
graph btaltiu) nerrof. expenses of foreclosure and
amounts advanv'ed to protect the hen of the insured
mors)ragc And secured by said insured mortgage at
the lime of acquisition of such estate or interest in
the land, or(iii; the amount paid by any governmental agency or
anstnlmentafn±. if such agency or tnsrrumrnrslny is
the insured claimant in acquisition of such estate or
interest in satisfaction of its insurance contract or
guaranty.
(b) Canttnvatl .n of lesuronci dear Convoyonco of thla
The coverage of this policy shall continue in force as of Date
of Policy, in favor of an insured so long as such insured retainsart estate or interest in the land , or owns an indebtedness secured
by a purchase money mortgage given by a purchaser from sucninsured. or so long as such insured shall have liability by reason
of covenants of warranty made by such insured to any transfer
or conveyance of such estate or interest; prostded. however, this
po3icy shit: not continue in torce in faynr of any purchaser from
such insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such insured.
3. Rafanse, sand prosecution of AStta'nj--Narks of Go" to po
Given by an Insured Claimant
fa) The Company, at its own cost and without undue delay,
shall provide for the defense of an insured in litigation to theextent that such litigation involves i n alleged defect, lien, encum-
brance or other mallet insure0 Against by this policy.
(b9 Tic, an':rrd shall :e;i(ify the C=':::p:anYprrrrr.p!iy set
w;314ng tv6 in case of any h''yat.-;gym as set forth in la;
(Ii r in cast £riaw;adge shall cr;:-tee to an insured brreun:fer ofany Ct.:irr of t:tic or interest which is adverse to the title to the
rt:ate or interest or the litre of the insured mortgage, as insured,
and which might cause loss or damage for which the Company
a,'ay he liable by sinue of this policy, or titi) if talc to the estate
or interest or the lien of the insured murtgag", as insured. is
rrkcttd as ten Want etable. If such p;arnpt notice shall cot begiset to the C'rumpany, then as to such Insured all liability of
the G'nnr,inv shall cease and terminate in regard to the matter
or matters for. which such prompt notice is required, provided,
howesrr, that failure to notify shall in no case prejudice therights of any such insured undct this policy unless the Companl"
shall bs prejudiced by such fail;are and then only to the extent
of such prejudice,
(c) The Company shall have the right at its own cost to
instau!r and without undue delay prosecute any action or pro-
ceed ani, or to do any other act which in its opinion may be neces-
sary or destrahle to establish the title to the estate or interest or
the lien of the insured mongage , as leisured; and the Companymay take any Appropriate action, whether or not it shall be liable
under the terms of this policy, and shall not thereby concede
fiat-alit) or waive any provision of this policy.
(d) Whenever the Company shall, have brought an) action
or interposed a defense as required or permitted by the provisionsof this policy, the Company may pursue any such litigation to final
determination by a court of competent jurisdiction and expresslyto sert-es the right. in its sole discretion, to appeal from any adverse
judgment or order,
(t:t In rli rases where this policy permits or requires theCompany to prosecute or provide for the defense of ant action
or proceeding, the insured hereunder shall secure to the Company
the right to so prosecute or provide defense in such action or
proceeding, and all Appeals therein, and permit the Company to
use, at Its option, the name of such insured for such purpose.
Whenever requested by the Company, such insured shall give the
CL-rrpany, at the Company's expense, all reasonable aid (1) in any
su,h actrun or pron. cdmg in cfie ting settlement , securing evidence,
obtain,r:g wrtn_sses, or prosecuting or defending such action or
psocrrd:rig, and t:) in any other act which in the opiri'in of the
Ctiiipany rasp be nc,csarv ter desirable to ts;abltth the title is
the estate or interest or r"e lien of the insured mortgag e, as insured.
inclri.;;rig blot no: '.i ,:nerd to executing corrective or other docu-
tr,mats,
Choof of :sal ar be, maae-"(imitation . of Action
Jr ad.'.orur p the ilutaces required under Yaraprapt' 3?bi ofthese (: r:,i;arc'r:.: `"d 5.ipviattt ns. a proof of loss orda-Wagt. nigned
and sworn to by the insured claimant shalt be furnished to the
Company within 9C- days after the insured claimant shall ascertain
or drtemminnc the facts giving rise to such lass or damage. Suchproof of loss a; damage shall des-:.r, se the defect in, or lien or
en;urribrancc or, the title, or other matter insured against by this
poftey which cc.'nsntutes the basis of loss or damage, and, when
appropriart. state the basis of calculating the amount of such loss
or damage.
Should such proof of loss or damage fail to state facts sufficient
to enable the Company to determine its liability hereunder, insured
claimant. at the written request of Company, shall furnish such
addnirrna] information as may reasonably be necessary to make
such drrcrminat(an
No right of action shall accrue to insured claimant until 30 days
after such proof of loss or damage shall have been furnished. -
Failure to furnish such proof of lass or damage shall terminateany liability of the Company under this policy as to such loss or
damage.
S, Optyans to per or Othorwtsa Settler Volans an>i Options to
tavrcha a InS.(.tadnoss
The Company shall have the option to pay or otherwise settle for
or in the name of an insured claimant any claim insured against, or
to terminate a]I liability end obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, attorneys' Sees 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 furthc,option to purchase such indebtedness for the
amount owing thereon together with all costs, attorneys' fees and
expenses which the Company is obligated hereunder to pay if the
Company offers to purchase said indebteduess as herein provided,
the owner of such indebtedness shall transfer and assign said
indebtedness and the mortgage and any collateral securing the sameto the Company upon payment therefor as herein provided. Upon
such offer being made by the Company, all liability and obligations
of the Company bcreundet to the- owner Of the indebtedness
t
l
Policy No.33860 -9 Date of Policy Amount of Insurance S3,955.00Q«0(
Order No.33860 -9 June 6 , 1980
at 8:00 A.M.
Charge S 6,003.01
Name of Insured
RETIREMENT FUND TRUST OF THE PLUMBING , HEATING AND V/
PIPING INDUSTRY OF SOUTHERN CALIFORNIA
The esta?e or interes, Jr the 1anr' described herein and which is co'ver.d by this prilc), is,
A Fee
3. The estate of interest referred to herein is at Date of Policy vested in.
RETIREMENT FUND TRUST OF THE PLUMBING, HEATING AND
PIPING INDUSTRY OF SOUTHERN CALIFORNIA
4. The land referred to in this polcy is sit4:Xted in the County of OrangeCalifornia, and is descrsbedas foflow
State of
a
(SFE DESCRIPTION ATTACHED)
IAM3235JR! 75z This policy validonly if Schedule B is attached.Ch,ccreTitle tnwranrcCompsn>
3 HEDULE A CO*'TINUED
t. No, 3 ,3z b0~°9
DESCRIPTION '4f
P
PARCEL A: Parcel 1, in the City of Huntington Beach, Cf;unty of Orange,
State of California, as shown on a map filed in book 24 page 50 of Parcel
Maps, in the office of the County Recorder of said County.
EXCEPTING from a portion of said land all minerals, petroleum, asphaltum,
:>rea, oil, gas and other hydrocarbons, in, upon or under, or that may be
produced from said land, as conveyed.to Cajo Oil Company, a co-partnership,
by deed recorded in book 2317 page 595, Official Records. By quitclaim
deed recorded in book 8051 page 141, Official Records, Cajo Oil, Company, a
co-partnership, quitclaimed any and all right to enter upon or use the
surface and/or subsurface to a depth of 510 feet measured fl--m the present
surface of the ground.
EXCEPTING from the remainder all oil, gas, petroleum and other mineral or
hydrocarbon substances in and under or which may be produced from said
land, together with the right to use that portion only of said land which
underlies a plane parallel to and 500 feet below the present surface of
said land, for the purpose of prospecting for, developing and/or extracting
said oil, gas, petroleum., and other mineral or hydrocarbon substances
from said land by means of wells drilled into said subsurface of said land
from drill sites located on other lands, it being expressly understood and
agreed that said Carl R. Steverson and others, their heirs and assigns,
shall have no right to enter upon the surface of said land, or to use said
land or any portion thereof to said depth of 500 feet, for any purpose
whatsoever, as reserved by Carl R. Steverson a,;3 others, by deed to the
Southern California Edison Company. a corporation, recorded September 19,
1966 in book 8051 pages 131 and 137, Official Records.
PARCEL B: That portion of the Northwest quarter of the Northwest gnarterof Section 1, 'Poe=nship 6 South, Range 11 West, in the Rancho Los Bo? sas,
City of Huntington Beach, County of Orange, State of California, as shown
on a map recorded in book 51 page 14 of Miscellaneous Maps, in the office
of the County Recorder of said County.
The West 55 feet of the East 215 feet and the West 110 feet of the East
160 feet of the following:
Beginning at a point in the Westerly line of said Section 1, 2466 feet
Northerly from -he Souttrwest corner of the Northwest quarter of said
Section 1; thence East 530 feet thence Northerly parallel with the Westerly
line of said Section, to the Northerly line of said Section; thence
Westerly along said Northerly line 530 feet; thence Southerly to the point
of beginning.
PARCEL C: That portion of the West half of the Northwest quarter of
Section 1, Township 6 South, Range 11 West, in,the Rancho Las Bolsas, City
of Huntington Beach, County of Orange, State of California, as shown on a
map recorded in book 51 page 14'of Miscellaneous Maps, in the office of
the County Recorder of said County, described as follows;
Continued...
'D $".-I
i
a
r1EDULE A T I NV ED
Crdl No. 3jeau-s
rginn gin, at the intersection of the center line of Garfield Avenue, 60
et wide, with the Westerly line of that portion of said West half of the
orthwest quarter conveye,4 to Anaheim Sugar Company by deed recorded in
oak 450 page 240, Official Records of Orange County, California; thence
outherly along said Westerly line to a point in a line that is parallel
ith and 660.00 feet Southerly, measured at right angles, from said center
ine of Garfield Avenue; `sense Easterly along said parallel line to a
oin, in a line that is parallel with- and 330.00 feet, Easterly, measured
t right angles, from said Westerly line; thence Northerly, along said
ast mentioned parallel line, 660.00 feet to the intersection thereof with
aid cc-7t ^z line of Garfield Avenue; thence Westerly along seid "center
ine 3 0 feet ':d the point of beginning.
XCEPTSNL t%erefrom all oil, gas, petroleum and other mineral or
ydroc''`rx s.bstances in, nder or which may be produced from said
and t-de.I:c` with and including as incident theret^ the right to use that
'ortion only of said land which underlies a plane parallel to and 500 feet
?glow the present surface of said land for the purpose of prospecting for,
eveloping and/or extracting said oil, gas, petroleum, and other mineral
ar :iydrocarbon substances from said land by means of wells drilled into
;a23subsurface of sai•a land from drill sites located on other land and
hall have no right t enter upon the surface of said land or to use said
and or any portion thereof to said depth of 500 feet for any purpose
hatsoever, as reserved in the deeds from Dorothy Thayer Peck, Charles H.
"hatcher and Title Insurance and Trust Company, as Trustees, recorded dune
t2th, 1958 and from Dorothy T. Peck and Charles H. Thatcher, as Executors
)f the Will of Aldrich R. Peck, deceased, recorded June 12th, 1958 in book
°313 pages 23 and 37 of Official Records.
ode- 04-001
'arcels: 153-041.22, 153-041-21, 153-041-20, 153-02i-54 and 153--041--24
.op.t X*., GI
EJ
J
I
r
Pc4cy 1 3860-9
This plies` does not insure against CUSS or damage, not ac,dins, cow, attorney; aces or t%pen5C5,
any or all of which ari>r by reason of the following.
PART i
1. 'l'ax,, or a„etsment, which are not shown at rxist,np liett bs the records of any taxing authority that Ieefes
team or pstrssmems an real proprrt> or by the public rercrdt.
Proceedings ¢ a public agrnr ) uhirh m-.% rrtult in %,,es or assessments , or notices of ouch proreedirt•,
whether or not ihorn bl the record, of Furh agenr or b) tf.. publir records
2. Am favtt, rights. inierettt or claim, wh3, w are nbt shown hr the public earne& but which could be a,cert.inrd
by an inrpettion or the land or b, mal.ing inquiry of pertone in possession thereof,
3 r-aiement,, lien' or encumbrances. or riaims thereof. which are not shown by tb: public records,
4 Disrrepanrirs. conflict' in boundan lines. tharta gr in area. encroarhmrnts, or and other farts .hith it correct
sunny -cold disclose , and t•hich are not eho..n by the publir records,
5, (at t'npatented mining claims, (b) resrrsat'ront or exceptions in patents or in Acts ,uthoriring the is'oanct
thrreor; let water rights , o4ims or title to water.
6 Ant right. title, interest. estate or ra,tmrnt in land beyond the lints of the area tpecifirsili described or referred
to in Schedule A. or in abutting street..=. road.. a+rnue', alley,. lanr Kass or watrrajt, but nothing in chi,
paryprapph ,.half nsodif or limit the estent to +.hirh the ord,nari right of an abutting owner for acee to a
pbcsirall) open street or hith,.,as is insured by this pulley.
7. Any law. ordinance or go•ernmental regulation (including but not limited to building and zoning ordinanrr,t
re'trieting or regulating or prof.ilitinp t1.` orrupanr}, use or enjr' meet of il+. land, or regulating the character,dimensions or location of and impr,trment nos. or hereafter erected on the land , or r. ohibiting a r.-paration
in ownership or a reduction in the dimcn,ions or area of the land. or the rfert of any violation of any such
law, ordinance or goternmental regulation.
Right' of eminent domain or Fosrrnmental rights if police pourr unless notice or the exerrhe of such rights
appears in the public records.
9. Defects. lien.. encumbrance., od.rr.e claims, or other a sire'. (ii created, suffered, e..vfncd or agreed to by
the insured claimant: ibi not tltown h'- the public records and not otherwise excluded frrio roserage but I'.,own
to the insured rfaimsm tither Al Date of Polirs or at the date such claimant acquired en estate or interest
insured k' this ps.hcs or acquired the insured mortgage and not d,.rlnsed in writing bt the insured claimant
to the Crmpan• prier to thr dme •urh tn.ur.d rlaieuant became or insured hr:eunder. Bel resulting in no lass
or tfxm,gr to the insured Hunter.`, id, attar.h,ng or created sufrsersurrt it, Pate of Polity; at let resuhing in
loss or damson which would not hosr been sustained if the insured dIeim:nt hod been a purrhater or
enrunhraneer for ,aloe without knowledge.
PART I I
. General and special taxes, a lien not yet payable, for the fiscal
ear 1980-1981.
A lien, if any, for additional real property taxes which may be
issessed or re-assessed as a result of Article XIIIA of the Constitution
tf the State of California (Jarvis-Gann Tax Limitatioft Initiative-
°ropositxon 13) or ot.»'ir stacotes implementing any provisions thereof.
The Reservation for roads, railroads and ditches over the North 30
eet of Parcels 8 and C, as reserved in the deed from Stearns Ranchos
ompany, a corporation, recorded t. :ember 19, 1900 in book 30 page 255, of
Beds.
ontirtued...
Vsli¢otina Sitinas.ry
I
NOTE: The following er.,doreements appe aring after
Schedule 13 air, an integral part of this policy;
at 32 -.(R 10-73) rchedute 8 of iftis Policy consists of pages, chic go Title lasuranre CatnpafY
SCHEDULE B CONTINU.D
Order No. 33860.9
4. The use and control of cienegas and natural streams of water, if
any naturally upon, flowing across, into or by said described tract, and
the right of way for and to construct irrigation or drainage ditches
through said tract to irrigate or drain the adjacent land, as reserved in
the deeds of record.
5. An easement for electric lines and incidental purposes, as granted to
Southern California Edison Company, a corporation, in deed
Recorded: in Book 7189 Page 843 , Official, Records
Affects: the Southerly 20.00 feet of the Northerly 50.00 feet of
Parcel B
6.. A covenant and agreement with the City of Huntington Beach, executed
by J. L. Steverson, P. C. Schweitzer, Carl R. Steverson and H G. Tibbet
Recorded: in book 8055 page 847, Official Records
Affects: Parcel A
7.•An easement for purposes shown and incidental purposes as
provikd in the'deed
Recorded: in Book 9886 Page 733 , Official Records
For: road purposes
Affects: the Southerly 20 feet of the Northerly 50 feet of Parcels 13 and C
no. BA*11
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IMPORTANT* This trap; is fnrn,shocP is a tort,
1
venience to Iocato thr land ihdicat hereon
with reference to streets; &nd other and.Noilabllity is asSudled by reason of reliancehereon; unless expressly e:xt?edM by I;iti t: i i ns
an en rsemenlsto which it is attached:
r
secured by said i nsr rd" mortgage . other than w
purchac raid indebtrdntss pursuant to this pal-, ph . art wt-
mutarcd
d. "pararrnlnwlrn rind l -i.varrr of Gras
(a) • The luat•ulrty of the Company under thi ; policy shall inno case azcetd the lent of:
iii the actual Joss of the insured claimant, orlily the amount of insurance stated in Schedule A, or, if
applicable, the amount of insurance as defined in para.
graph ;sal hereof; or
nisi if this policy insures the owner of the indebtednesssecured by the insured mortgage. and p:ovrded saidowner is the insured claimant. the amount of the un-
paid principal of said indebtedness, plus interest there
on. provided such i amount shall not include any
additional principal indebtedness created subsequent
to Date of Policy" except as to amounts adkanced to -protect the lien of the insured mortgage and secured
thereby.
fbl The Company will pay" in addition to any last insuredagainst by this policy. all costs imposed upon an insured in
litigation carried on by the Company for such insured, and all
costs, attorney ' fees and expenses in litigation carried on by
such insured with the arincn authontation of the Company
ley When the amount of toss or damage has been defint.ely
fixed in accordance with the conditions of this policy, the loss ordarnagt Mall be payable within 30 days tlsereafter.
Unth.9l9-4 y1 UUal.itlty
No claim shall artist at be maintainable under this policy
(a) if the Comy. after hating received notice of an alleged
defect, lien or encurnbraruec insured against hereunder . by largo'
lion or otherwise, removes such defect. lien or encumbrance orestablishes the title. or the lien of the insured mortgage, as
insured, , ;-lint a rea ble lime after rtcaippt of such notxt:
(b) in the event of iitigatton until there has hen a final dtter-
missalion by a court of competent junsdietioss, and ditposittan
of all appeals therefrom. Adverse to the ti+k or to the lien
of the inwrtd moetgsge. as insured . as prvtded in paragraph 3
hereof; or icy for liability voluntarily admitted or assumed by
an insured without prior written eons tit of the Company
R*dvrtlkn *1 tnavrarreo; t.e rrhsar.to t at Ua+bttltY
Alt payments under this policy. ex tept payment made forssosts, attorneys ' fees and expenses . shah reduce the amount of
the insurance pro Canto. rovidtd, however. if the owner of she
indebtedness secured by the insured mortgage -s in insured here-tinder, then such payments. peso' to the acquisition of tick to
said estate or interest as provided in paragraph Ira) of these
Conditions and Stipulations . shall not reduce pro tattles the
amount of the insurance afforded hereunder as to any such
insured, except to the extent that such payments reduce the
amount of Use indelitef test secured by melt mortgage
Payment in full by any person or voluntary satisfaction orrelease of the insured mortgage shall terminate all liability of
the Company to an insured owner of the indebtedness secured
by the insured mortgage, except as provided in paragraph 21a1
bcrcof.
"R. Ualhtttty H.sn nulaiIva
it is expressly understood that the amount of insurance under
this policy , as to the insured ov4wr of the estate or interestcovered by this polity, shall be reduced by any amount the Com-
pany tray - pay under any policy insuring (a) a mongage shown
or referred to in Schedule B hereof which is a lien out the estate
or interest covered by this polity, or (by a. mortgage hereafter
executed by an insured which is a charge or lien an the estate
or interest described or referred to in Schedule A. and Use
amount so paid shift be detmed a payment under this policy.
The Company shall have the option to apply to the payment
04 4'1 iLCn rrr;,ngage an- ,., luau Prnr„rnx x+. v,.k
paatie hertunder IL, the ins_ o a-nee of the tuale or Wriest
toverrd by thus pofi;y and the amount so paid shall be deemed
a payment under this policy to said insured owner
pro.tsions of thus paragraph 4 shall not apply to an owner
of the indrbivdnrss secured by the twwsurrd mortgage unless such
insured acquires title to said estate at interest in satisfaction of
said indebtedness or any part thtrtof
10. fu16ra1rtlan t,i an harymant ee tartitatnantWhenever the Company shall have paid or settled a claim
under this policy, all right of subrogation shall yeti in the Com-
pany unaffected by any act of the insured claimant except that
the owner of the indebtedness secured by the insured mortgagemay ttkase or wbstitute 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 insured mortgage, or release any collateral security for tar,
tidebtedness. provided such act occurs prior W 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 assured mortgage. The Company shall be trubro'
Bared to and be entitled to all rights aand remedies which such
insured claimant would have had against any person or property
an revert to such claim had this policy not been issued, and
the Company is hereby authorized and empowered to sue, tom-
promiscnr 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 eyidencr the within subrogation if the payment does not cover
the loss of such msorrd claimant, the Company -bill be subro-
gated to such rights and remedies in the proportion wh,:h said
payment bears to the amount of said loss, but such subrogationshall 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 suchinsured claimant be required to pay only that part of any locus
insured against hereunder which shall exceed the amount, if any.
lost to the Company by reason of the impairment of the rightof subrogation.
11. Uaatltty Un+ttid Si leek policyThis irrstrumcat together with all endorsements 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 oot based on ntgli-
genct . and which arises out of the status of the lien of the
insured mortgage or of the tine to the estate or interest coscred
hereby. or any action awning such claim. shall be restricted to
the provisions and conditions and stipulations of this policy.No smendnstnt of or endorsement to this policy can be mash
except by writing endorsed hereon or attached hereto signed by
either the Prestdrnt, a Vice President. the Secretary, an Assistant
Secretary. or validating offtter or authorized signatory of the
Company.
No payment shall be made without producing this policy for
endorsement of such payment artless the policy be lost or de-stroyed. in wbich case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
12. sales,, Wer ra fans
All notices required to be given the Company and any state.
meet in writing cgwted to be furnished the Company shall be
addressed to it at Ill W. Washington Street. Chicago. Illinois6002 nr at and branch office of the Company shown on the
reverse auk hereof.
13. ,MTHE CHARGE SPECIFIED IN SCHEDULE A IS THE
ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINA-
TION AND TITLE INSURANCE
a
I
Seller: CARL R. S:'F:JI:RSC7i:, Nt:vil_a,i', ::and 1.SC.'h' FITZER
Buyer : PACIFIC HERITAGE LAND AND 1101,i:ING co,I'=,?'JY
Description
of property: See attached description, rr.,rkod )x}rii3it "A".
Consideration: (1) Cash in the sum of $2,008,812.90, $15,0014.00 to be
deposited with escrow upon execution of escrow in-
structions by Buyer and Seller. An additional sum
of $30,000.0: to be, deposited in escrow upon Buyer's
approval of (a) soils' tests; (b) preliminary title
report; and (c) the survey of the net useable square
feet of land. The balance of the purchase price, all
in cash, shall be deposited into escrow prior to the
closing date and together with the above deposit, less
any sums previously released to Seller, shall be paid
to Seller at close of escrow, subject to and less all
charges to Seller as herein set forth.
(2) The exact purchase price shall he adjusted in ac•-
cordance with the article hereon entitled "Survey".
Title: Buyer to have ten 410) days after preliminary title report
is sent to Buyer by escrow to approve title. Buyer's
failure to approve or disapprove the condition of the title
within the ten (10) day period shall be deemed to consti-
tute approval of same. In the event title is not approved
by Buyer, the escrow shall. be cancelled, the parties re-
leased from any obligation one to the other, and all sums
deposited into escrow shall be returned to Buyer, and all
documents deposited by either party shall be returned to
the party depositing same in escrow. in connection there-
with, Buyer acknowledges that there is a community oil and
gas lease of record on said l.,roperty, and that certain
mineral rights !-.ave heretofore been re: erved to persons
other than Sellers herein.
Survey : The exact purchase price shall b e determined in accordance
with a survey to be made b y a licensed surveyor, to be
chosen at the expense of Buyer, but to be approved by Sel-
ler. All costs of such survey shall be at the sole expense
of Buyer . The exact purchase price shall be determined by
multiplying the acreage being sold hereunder (less any
portion thereof previously dedicated for public streets,
but includinq any portio n thereof subject to any private
easements ) times Twelve and 60 /100 Dollars ($12.60) per
square foot, provided however , in no event shall the sale
price be less than $2,000 ,000.00. The survey shall be
completed within forty -five (45 ) days of opening escrow
and if not so completed , the purchase price shall be deemed
to be $2 ,008,812.90.
Soils' Test: Seller shall authorize Buyer to enter upon the premises at
reasonable times and upon reasonable notice to conduct soils'
tests thereon. Said tests snail be completed within forty -
five (45) days of opening e:r;crow and shall be at Buyer's
sole cost and expense. Failure to either approve or dis-
approve the soils' tests within such fo,.Ly-five (45) day
period shall be deemed to be approval of same. Buyer agrees
it will not permit or suffer any liens to be put upon said
property in connection with said soils' tests and that Buyer
shall hold Seller free and harmless from any claims or lien
arising out of said tests, including reasonable attorney fees.
Title
Insurance: Seller shall furnish Buyer, at Seiler's expense, a standard
California Title Land Association policy issued h,y California
Land Title Company showing title vested in Buyer, subject
only to those items approved by Buyer or the Preliminary Title
Report,
Escrow Costs: All Escrow costs shall be borne equally by the parties and
all other costs in connection with the closing of escrow shall
be charged in the usual manger in accordance with the custorsary
practice in Orange County, California.
Vesting of
Title: Title shall vest in the manner furnished to escrow by Ruyer
prior to close of escrow.
Possession : Possession shall be delivered to Buyer at close of escrow.
Broker's
Commission = All commissions due to Broker i n connection w'th this sale
shall be borne by Buyer . Seller warrants to Buyer that it
has not entered into any agreement with any broker for payment
of commission in connection with this sale.
Cooperation
with City of Seller agrees to cooperate wit'. Buyer insofar as Buyer's
Huntington application for any permits with respect to the subject
Beach: property and in connection therewith, agrees to execute any
documents reasonably required by any governmental agency,
provided, however, no zone change, subdivision approval, of
other governmental action shall become final prior to close
of escrow which may affect Seller's use of the property in
the event Buyer fails to close this escrow.
Liquidated
damages: Upon approval of the contingencies as hereinabove set forth,
or upon Buyer's failure to approve within the stated time
period, then in such event there shall be released from
escrow to Sellers from the sums on deposit, the sum of
$40,000.00. If Buyer fails to complete the transaction con-
tained in this agreement, the parties agree that Seller
retain ,aid sum of $40,000 as liquidated damages, which sum,
the parties agree is a reasonable consideration to Seller,
considering all of the circumstances existing on tae date of
this agreement, including the relationship of the'considera-
tion to the range of harm to Seller that reasonably could be
anticipated and the anticipation that proof of actual dam-
ages would be costly or inconvenient. In placing their
initials at the places provided, each party specifically
confirms the accuracy of the statements made above and the
fact that each party was reprented by counsel who explained
the consequences of this liquidated damages provision at the
time this agreement was made.
Seller. Bl_, er
Ir,'tial. here: Initial here:
Purchase in
"As Is" Buyer, acknowledges thatyuyc3_is purr•hasiriq the property
Condition: solely in reliance on Buyer's own investigation, and that no
representations or warranties of any kind whatsoever, express
or implied, have been made by Seller, seller's agents or
brokers. Buyer further acknowledges that as of the close
of escrow Buyer will be aware of all zoning regulations,
.-r _ -T.
f fk.
': imet of
r:nronrrtC ea:
r, [X*C",.kr•fl ','j 'j n
11,ri a 'J F'::': r'..r
I
Tax...tree
Ex t°tl.1,•t<,:q,,t P. r'+t3xr 1;x.4 pt.ir,r '. tX - {re exc ,gar '
1ri c r?rte'e :t io,rn ''1 th". t.he: q:j:.r' of t , p j, t.1_ F;o:yer, sso:,, 3s
t,o '.lJaI fy t.ad tsarin' 7aot'.10ri r•Xr''m r t fr or`a taixa`._ion Under
"; F:rat on 10''1 of tree Intt'rra1 K%rr r: use rry4; e' . In r.: t o.,'n
cl!`c43rnentt,htearrwi_th, W.gf,,:`r agre e s to e xq;^C it. q." any and all
r' azsorrably rc-latire:d t o [?ftr? fl r' Seller to r'r1T A6i7Lrat said tax-
free - -- hiarntle, ir,c:la ;riino but. not 9 imi+;ei +rx rscrr,w ir:rstru +.onw
in connection with the c:rr'q _rty to be acrl'+l:r,ed for the benefit
fo ; e11er .ire said exchangee . Selle r's abilit7 to enter into
staid eexchange and to satisfy the r.eouir.e+mr~nts of the Internal
Revenue Code in connection therewith are an essential condi-
tion of this escrow, and failure-: of Buyer to cooperate with
el 1gsr and to execute any and ail, docurnents so as to enable
Seller to e.rtnla + te' said tax-freNo, exchange sshalL release Seller
from any obl iga tion to proceed with this transacti on. Buyer `s
obligat i on i s; conditioned upon Seller notifying Buyer on or
before 100 days after opening of escrow, that Seller has lo-
cated ac: r,°cshartble e xchange property. In the event Seller
f;tils to go neotify they Buyer by said date, t`ten the escrow
shall proceed to close asp a sale escrow.
Clang of
zrsdrow s
Disatrihuti,on
of Pr orro redf
F„*;sr-rraw ,yt;a1 l r.1, o+:k,e 120 days of tr_r opening . Opening of escrow
shall be that flag that Sr411c-r atnd Buyer shall have executed
the escrow instruct irans
t:C r'Crw hold- r :hal.l, Pr, Sr-awind i?screw, 11tuntingto n Peach,
Crtl ifornia
All procacd,, c,"',tn the ;;s• t e ta i i he. ei i :ti ur s.c_d to seller by
r eparatke t-hr+c kt:: Ias fol lows;
5O thereof to CARL, R. STEVERSON
2% thereof to N1'.k'IL 1` O.. TTI"3BET
2i% the reeof to R. C. SCi9WEJIMPR
Pral
Ptc>per ty Peal pr°ooer .t:y taxer: shall be prorated to cl ose of escrow.
TA xea
At-torrtny rri the e v'rtt xr,y fart, on sliall be brought to enforce this
agree-n writ. or any c.r2tc`row iz,stxtictions, the prevailing party
sshs?tll br -rst.itleaf Lu r-t'Covcr rvacunable attorney fees i ncurred
i it e.`r:Irlrrr "r't_ i ort ttta , I t.'-hl .
I!`c F'GF'IL !ION
f'APcEt_S' 3 AND 4, IN THU CITY OF HUNIINCTOr' PEACH, COUNTY OF OF:Ar)GF7`71ciF ()
CALIFORNIA, AS PER MAP RECORDED IN I:OCN120 N<;C:tiS t &Q 2 Ol F APOEL IW;F.", I
THE OFFICE OF THE COUNTY RFFOLI)FR OF aAIIi COUNTY.
EXCEPT FROM PARCEL. 4, 1/2 OF ALL MI NERAt. PI(HT _' (if RISE:. F. 1'c Tr IN THE1Fr I' r )`U,
CHILTON C. WILSON AND Hi ST£:R L. WILSON, FtU."I'ANNLD AND LIEF PF JOINT
RECORDED JANUARY 30, 1 150 IN 100Y, t 9: f,C PAGE ?'::K Cii- F I C I A . NI C RDS,
TC;N,',r,TE,
ALSO EXCEPT FROM FARCEL . 4, ALL MIN UJ:A NIGHTS, A.L>;LF.f TEi)IN THE DELI, F i<Clti
R.V. PYLES AMD MARCIA MAI:LE PYLEu, k CCi5AT AFTIL 17 , ,4'30 I N BOOK 1VT& F• r1&t
465, OFFICIAL RECORDS-
ALSO EXCEPT FROM THE NORTHERLY S2.14 FLET OF THE SOLUIHE:RLY if,3.73 FELT OF
PARCEL 3, ALL MINERAL RIGHTS, AS NFIERVED IN THE 11FETi FROM HESTER L. OILSON,
WIDOW, RECORDED OC10LE•R 17, 195% IN POOL 2742 PAGE 22', OFFICIAL RECORDS.
ALSO EXCEPT FROM THE REMAINDER OF PARCEL 3 ALL MINERALS,PETROLEUM, ASPHALTL
:REA, OIL, AND GAS, AND OTHER HYDROCARBON SUBSTANCES IN, UPON, OR UNDER, OR
THAT MAY LE PRODUCED THEREFROM AND ALL RIGHTS ACCRUING UNDER THAT CERTAIN 01
AND GAS LEASE, NOW OF RECORD COVERING F'ROF'ERTY ;-HEREIN DESCRIBED AND OTHER
PROMRT'Y, AS RESERVED IN THE DEED FROM HESTER L. WILSON, A WIDOW RECORDED
DECEMBER 19, 1551 IN BODE :765 PAGE 449, OFFICIAL RECORDS.
EXHIBIT A
Arrn.A?M Y"V'4 `rySb"71kMfu N "3''.µjYrt ,YyTI'f!
0
i6
Chairman Livengood stated for the record that we have received a
letter from Signal Landmark, Inc. requesting the Planning Commission
either approve or d1sapprove the application due to Government Code
Section 65950. Commissioner Schumacher questioned whether the
applicant k,ould be required to pay fees again, if he chooses to
withdraw the application. Secretary Palin responded thf.t the
applicant would be expected to cover the cost of the legal notices and
public hearing. Commissioner Erskine asked what is the best estimate
of the dates of the hoarings. Florence Webb indicated that the
Coastal Conservancy Board meeting is scheduled for November 13, 1984.
The public hearing was opened, Richard Harlow, representing the
applicant, requested continuance for two weeks to determine if it is
in Fieldstone's best interest: to withdraw. He also requested that if
Fieldstone does reapply that the fees be waived as requested by
Commissioner Schumacher.
ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR LAND USE ELEMENT
AMENDMENT NO. 84-2 AND PRE-ZONE CHANGE NO. 83-11 WAS CONDITUED TO
OCTOBER 2, 1984 LEAVING THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE:
AYES: Higgins, Winchell, Livengood, Erskine, Schumacher,
Mirjahangir
NOES: None
ABSENT: Porter
ABSTAIN: None
ZONE CAS E 84-3 /NEGATIVE DECLARATION NO. 84-11 (contii .nued from
June .
A licant: Ascon Pro erties inc.
A request to permit a change of zone from LUD-O (Limited use District
combined with oil production) to LUD-OI-Q (limited use district
combined with oil production with a qualified suffixl.
Howard Zelefsky indicated that this application was continued from
June 19, 1984 to allow the applicant enough time to perform a "site
characterization" for the Ascon Landfill.
The public hearing was opened.
John Lindsey, Vice-President of Ascon Prrperties, Inc., requested
continuance for thirty days. He indicated that Ascon did not
understand the time frame and was unable to commence the
characterization based on the October 7th issuance of Air Quality
Permits. Henry Borman spoke against the proposal, lie felt that the
applicant had all ready been granted ample time to perform the site
characterization ,nd nothing had been done. The public hearing was
closed.
Chairman Livengood asked what can legally be done by the Planning
Commission due to the one year moratorium. Howard Zelefsky responded
that the moratorium does not exclude testing on th. site and that the
applicant could file for the Zone Change. Commissioner Winchell
stated that in June the Planning Commission decided that a site
characterization would be required prior to any drilling; therefore,
(1300d) P.C. Minutes -12-
E
W
September 18, 1984
PE
i
0
Conditional Use Permit go, 83-23, approved on 9--7-83, was a requesttq
velo e t 5ickel3 Stam 1 nd Associates
ermlt the construction efa 162 unit uuricr titir.en apartment c_ompex'
n the dewntolAr, Rres
?Mike A1aml described the proposed projlett, notin g that it is
consistent with the Pacifica Combunity Plan d eve oo rent standards
it c erage.
The puhl.ic biariug was opened. $i11 Starapley, one of the owner's
the propgr .y, stated agreement with the staff report. There were
other persons to speak.fnr or against the p eject, and the public
hearixZ was closed.
ON MOTION BY SCRUW CHEl AND SECOND I HICGINS. CONDITIONAL EXCEPTION
NO. 84-G6 : XTV4SION OF TIME/CONDITIONAL U';E PERMIT NOS 8:3-25 WAS
APVP V FOR ONE YEAI, BY T2 E FOLLOWING VOTB:
F. P AL:
O -cant nue row ep err+ er 1
gee? al purpose and intent of the Pacifl'ca community plan
bectuaer it provides Living units for senior citizens,
AYE. ; Higgins, Winthell, Lia?engood, -Erskine, S unr ch ,
biirjehangir
14.OC'S ; None
A LVT! Porter
A:BSI'A lf.- Nana
A requw t t• 1 xedLsigaate 42.4 acres J;deated irn the tin tnc p tad
Balsa: Ghica area £ralm p1aanAthg reaerre to low den8it reside ti.al.
Secretary Palist iiidicatad that the staff report rggrlasts cailt iina1tt
to tec4rmbgr 18, 1994 meeting.; however, the oarerrairea-.z code ,plate's
rgstridtions on th° time that at applicant can rac(uest on. item -to be
Contin.ired to on:e year and 9,1 days, Therefore f the last d,aLte the
Plnnta .i Clot, ssiora could consider this application is Octob er 16)
10f uch Clark discussed the proposed change to the Grenena : pl1 n
Lmrzd, U e Dia.,raq as rrgm steed by the ?ieldstone Company, ii,e ind''icat.ead
that the time fr ame to go to the Coastal Comaiasion 18 late O ctober or
(1:3004) P. C, Minutes
)j1 ION EXCEPT ON NO, 84-O6/E;XTE$SrON ,OF TI ME! COND TI AAL USE
6bedroom units.
will be located inside a building that meets regpirod setbacks
axed additional parking spaces ire beirmg provided far the two
safety and welfare ! nor on adjacent properties because the units
The ft aclusiun of four (4) two-bedroom units in the proposed
project will not have in adve.•se ispact an the ubl.ic health
The granting of the conditional exception is consistent with to
September 15, 194
she would not be prepared to vote an any Zone Change until the
sapplicant has cotu:plied with the request. She agreed with staff's
xac.pi tAnd.aJal;terfta.tive action to continue Zone Change 84-: for a
period of tine aot to exceed 120. days, Commissioner Erskine stated
xb;rit -ihe app:licsnt has not Itarformed the site characterization that
,w4s r&q,ti;a.sted in. Juae snd thexofore la would vote for denial.o[ r¢ ssi oix.e Shtrma,ch r stated agre-eaueet with Cammissi oiler, Erskine.
CQr m ti. olzaer Idilrjahangir s- a,te+ d that the applicant is only raquaesting
a. tWO Tee ' extenns,roa and this isnot out of line.
C'c uni s;sio er 111ggins asked Mr. Lindsey about the status of the site
ctta.r :'aeri atacn!' Mr Lindsey responded that their time fraae has
bane. raht:enr& d by tine Air aslity people. Right now, they are to the
j3rc .yss of sectri bids row subcontractors; however,, no ap,a WaOts to
41V<a piiee wItbout the permits. He further stE..ted that they fully
aaternrl o do the site characterization but it is difficult to pin down
tla act dale they will. be Able to start. Commissioner Mig; ins asked
hew ljrch to°ng r it will take to complete the study. Mr. 1.n,,ssy-
z~Pstraded t,tiat it takes two taonths tD do the sitecharaeterizstionturee or ;four raor,.ths to seetLre the authorization, and another mo.nt a
for r itigatloe plan.
CmRmis,sioner Schasiuacher stated that 90 days ago thePlanning
Coirrnaniss a> requestod a site characterization,. Now X r. Lindsey iniorots
the Commission that It will probably take another seven months. Sbe
exprassa(l Go ,Qav't tegardinn the ap rl.icaz is intatttions of tdithpleting
t e st,u;dy. CQmama.ax;sioner ixr a}xangr asked if the site
cLaractdritb,tion ;mould, take place if the Zone Case -was da Ued. Legal
Cotan+*il,. Art oiger stated that th6 s i to lies been declared a
haraardnus waste dump and the applicant will have to do a site
eh,aracte 'itstion to do anything with the land.
ON 1aq'ryC7,1t, hi ScmiActim AND SECOND BY BRS119B Z024L GAS,a 84-,/HHGATI'vh
JIBCL.ARATIQif 84-11 AS DRYIED WITH A FINDING BY TIE FDLLOWli VOTE:
k1213I'G. ti
2, The proposed zone change can be detrimental to the health,
safety and welfare of the community without specific
information generated by the site characterisation.
AYES: Higgixas, A'inchell, Li.vengood, Erskine, Schumacher;
irja1 angir
NOES E l or-e
kB;S1OJ T: Porter
A. 9TAl Hone
T AT yS FACT NO. NEGATIVB FCLA .ATIO 84-35
i att. en t.os
A re ues•( to .zita•div de a ts49D acre parcel into five lute located
the west side of Delaware 8'0_pet north of Utica Avenue,
The public hearing ryas opened.,
l aue Mal den.; the eppiicnnt-, stated that he was Izi .sgreeme at wi.tli the
ctan.di>{? an.s of the staff report, There were no other parsons to
spe:ah !F or or agajast the proposal, and the public heeringr was cloned.
Caistanissiono'r S.c'huraacber caamiented that there was discussaon at the
uiAlivi Logs:. nteettng W'hicb advised them that borings could not be
ataiwed, .rain the site because the site had been usedasa fill area
izt l;:Jie jast, She question,e°d if Condition 8 is strong enough to
h:4, .die tghatevar might be there. Mike Adams responded that staff:
i<o.t that five feet of soil removal and replacecient would be
suffa font 'to, cover the concerns on this particular site.
GT4 th ,J,T PY ERSKINE AND SECOND BY HIGGINS TENTATIVE TRACT NO.
H:S- oioxTlVB DBt UALATION 84-35 WAS APPP'' WITH CONDITIO S, BY THE
INtl $ Q Ap
The proposed &ubd'ivis_ ort of this l , O9t acre parcel of
land zoned R2-O (Medium Density Residential with Oil
?x-oduction) is proposed to be constructed having 16.S
u-41t,s per gross acre.
The lot size, depth, frozntage, street wldtl, and all
other design and ltmprove-mbn.t fetgres of the proposed
subdivision are prop4sed to be constructed in compliance
With stan=dard. plans and spacifIcAtioas on file with the
Cit;Ct end in cczupliance with the Stste Map Ault and` City
Sub divisioA Orddnauce,
The property was previously studied for this intensity of
laud use at the tree the land rote desigzzato'n for atsd.'iun.
derrsitj residential was placed on the property. The
proposed project co
m., lies with the land use e1°a>irent andall other elepents a! the General Plan. 0
PIT Ask? OV
1, The raap received and dated September S, 1984 shall be the
appre ed layc ut for this 5-lot subdivision.,
2. Delaware Street shall be reconstructed to the ceute.rl1rxe
of the street.
3. No driveway access to Delaware Street shall be alt(7. ned
for lots 4 and 5. Access shall be take through us,e o,
access easement from °Suia orsmo.ke Circle.
4M & rramersmoke Circle shall be a public street and shall be
deli' nand to tie into California Street per the City I's
Street Xnuc'kl a'Gauderl.
I
C1300d) P,,Cv, Minutes -14 - Septe r 18-, 1984,
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44 NOTE -ASSESSOR'S BEOCX 8
PARCEL NUMBERS
SHOWN IN "r:ES
ASSESSOR'S MAP
6OOk153FACE02
COUNTY OF ORANGE
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MARCH 1988 PARCEL MAP P M /22•! NOTE-ASSESSOR'S BLOCKS AESESSQR'S MAP
PARCEL N JMAEA$ BOOK 153 PAGE 04
SHOWN IN CIRCLES COUNTY OF ORANGE
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