HomeMy WebLinkAbout1938-08-13 - Grant BOTT, R.L. and MARGARET ' GRANT DEED
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Grant to....CITY----OF---HUNTINGTQR__B.FACH........................... ----- - ----- ------- ------ ----- --------------
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CIty_:-_.t?�'__-Hunt-1_rtgton--B-e-s.Qh____________________:County of Orange,all that real-property situated in the------- g , ;
State of California, described as follows:
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Lots Nine (9) and Ten (10) of the Summit Tract,
as per map thereof recorded in Book 7, page 1 of
Miscellaneous Plops, Records of Orange County,_ California.
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i SubJect to Taxes for the fiscal year 1.938--39, a lien.
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�. i Witness_the1Y___hand__S__ this.......131h----------- - --;day of---- u9U-8t................................ -, 19._38
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Qom* No.•••1Q4112mOB Recorder's form
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;i When recorded please return" this $
GIANT DEED � f
instrument to � o Cs7 �
°i untin ton Beach
City of H g
! Attn. O.R.Furr City Clerk ?
R. L. Bott et ux v
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linnttngt0n ----Be,a-ch----Garl• .
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` City of Huntington Beach
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fanta Ana,Caiornia.
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'I Dated_-A.U,gtl_$l---lath._ 1938
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Filed for Record at the request ofif
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Minutes past o'clock . M.
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I PAGED
i and recorded in Volume.................... �' :r c�
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I Page------------ ---of Official Records of
Orange County, California. �
Recorder. sL rt ip ; a
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iiCC4?.fiPf..t1 . T By-- ----------------------------------- ...........................
,...� Deputy. ' p iFi p.
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416 N. M
AIN ST. ,
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O.N.KELLY,Pres. R.A.KLOESS, Secy.
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o Form No.115-11.1.37--3bi
u x r GRANT DEED
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.-AM T �......and.....M S�l9►R�..BQTT,,_.�u_�b .._:and.-w f.0..................... ..... ......
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idi~tatibn of...........--T exi...310..0.01..------------............------...--------------------------...------------.------------ Dollars
to— them.............._.__in hand paid, the receipt of which is hereby acknowledged, do............ ... ...........hereby
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;: frost to..._a-T.1;....OF_---H[UNTINGTON-_BEACH--------- ---- ----- - -- ---- - -- ------ -............. - ------ - -------
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all that real'pseperty situated in the.......�'r U. ...Qf._H1=t.1-IlgVon-..B-eaQ-b _ ..............County of Orange,
State of Callionia, described as follows:
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Lots dine �9?' and Ten (10) of the Summit Tract, .
as per map thereof recorded in Book 7, page 1 of
4
Miscel.laneous 'gaps, Records of Orange County, California.
r Subject to Taxeb for the fiscal yepr 1938--39, a Iien.
' t�l -------- - -------- ---day of._._ _ UEau_St---- ----------- 19..-38.10....... ------------------ -- ----- ---- --- ------- ......- ... .........
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F
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ION U
A RLSLILUfIOU OF THE MY COMICIL 'OF THE CITY
OF MITI U,� 3ACH 11 CALIFS.MIIA„ Al "HO RIZING
The City Council of the City of Huntington 1�e , h#..
CalifumAm., do rc csolve as follows;
Section Is That the City 0ouncil roe hereby►_authorize
the` purchase of Lots dine (9) and 'den (10) *Summit Trot" of
Huntington Ueaah,, as per U.p thereof i ec orded 1n Book ?, page 1
of Uiscellaneous_M,ps, Records of OraireCounty" California:,
for the stun of Five 'Ixuxulred (A' ) Dollars,$ wd the City, CIMito
C. R# Purr„ Is hereby authorized to consent to act axnept add.
Deed covorinG said property and to ,cause the sme to be r rde
In the office of the, County Recorder of OrwWe Countyt Californf .,
PASSED AND AMPTIM by the City COUM11 of the City Of
huntirr,ton3 beao q Califamia., at. a ret-,-ularly adjourned meeting
th .reof held on the x..nd day of 6optembers, 103.
x
UAYUR
ATTEST:
rumwr -
CtyClerk,*,
STATE OF CAUTORNIA �
County of Orange BS:
City of Huntington Beach �
I, C. R. FURR, the duly elected,_:qua if Jed and
acting City Clerk of the City of Huntington Beach, California.,
and ea-.o f f i ci o Clerk of the City Council of said C1Vs do
hereby ce30t fy that the whole, number of members of the City,
Council of the City of Huntington Beach is five; that the
fo i ping Resolution ores Passed anal adopted by the affirmative,
vote of "a majority of the members of mid City Council at a
regular]y mourned meeting of the City Council herd on the
2nd day of September,_ 1938, by the following eo to t
AYES, Counciilmenz Morehouse Chamness, Henricksen, RcCallen.
NUESt Councilmen: Jone
ABSENT**- ` Councilmen: albert
C.`' R..
ity Clerk and ex.-officf erk
of they City Council of the City
of Huntington Beach, California
"STATE OF .CALIFORNIA
County of Orange, as:
City of 'Huntington Beach
I, - C. R. Furr, the duly ;elected, qualified and acting City
Clerk and ex-off cio Clerk of the ;City; Council 'of. the City of Hunt-
ington Beach, California,; do hereby certify that the above and fore-
going is a true and correct copy of Resolution No. 815 which was
passed and adopted by said City Council at a regularly adjourned
meeting thereof held on the 2nd day of September, 1939. '
Dated this the 3rd day of SZ50:1
9,;4
c o er
Of the City .Council of the City
of Huntington Beach, Cal if oraia.
FORM 916 4M-9.97
JOINT FROTEICTION FORM •
Order No.104 ,l
8/63
AbOnd Mb IWI N rnno (TompWo
Herein called the Company,for a valuable consideration, paid for this Policy of Title Insurance,
Nam Wing6v Now
CITY OF HUNTINGTON BEACH,
together with any other person or corporation included in the term the Insured as defined in this Policy,
against loss or damage not exceeding -------------Five Hundred-------------------
dollars, which any Insured shall sustain
by reason of title to the land described in Schedule A being vested at the date hereof otherwise than as
therein stated,
'Or by reason of unmarketability of the title of any vestee to or in said land or account of defects,
liens, encumbrances and other matters existing at the date hereof and not shown in Schedule B,
or by reason of any defect in, or lien or encumbrance on said title, at the date hereof, other than
defects, liens, encumbrances and other matters shown in Schedule B,
or by reason of any defect in the execution, insofar as it affects the lien or charge upon said land, of
any mortgage or deed of trust shown in Schedule B securing an indebtedness the owner of which is
insured by this Policy,
or by reason of priority thereto of any lien or encumbrance upon said land at the date hereof except
as shown in Schedule B,
all subject, however, to the exceptions and conditions hereto annexed, which exceptions and conditions
together with Schedules A and B are hereby made a part of this Policy.
In &SffuIIaasW O ;Abstract and Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, this 14th day of September, 1938 at 9 t00
A.M.
�,a,nd,J,i��,ruuvtcY,r►ee�a�m�a ru�
By President
Attest— Secretary
This Policy consists of_-4 __—pages which are numbered at the end of each page.
FORM 926-A 4M-9-97
JOINT PROTEOTION FORM
SCHEDULE A
1. The title to said land,is at the date hereof,vested in
CITY OF HUNTINGTON BEACH.
2. The land referred to in this Policy is described as follows:
Lots Nine (9) and Ten (10) of the Summit Tract, in the
City of Huntington Beach, County of Orange, State of Calif-
ornia, as per map thereof recorded in Book 7, page 1 of Mis-
cellaneous Maps, records of said Orange County.
Page 2 of Policy No. 104112
FORM 327-5 4M-9-37
JOINT PROTECTION FORM -
SCHEDULE B
Defects, liens, encumbrances and other matters to which said title is subject in the order of priority shown:
(1) General and Special taxes of the fiscal year 1938-39.
i
Page 3 of Policy No. 104112
FORM 328-C 4M-9-37
• JOINT.PROTECTION FORM
EXCEPTIONS
The Company does not, by this Policy, insure against loss by reason of:
1. Any facts which a correct survey and inspection of said land would show; rights or claims of parties in possession of any part
of said land easements, liens,conveyances or encumbrances which are not shown by the official records of(a)the County of Los Angeles,
prior to August 1st, 1889, date of the formation of the County of Orange; (b) the County,of Orange; (c) any City in which, or
adjacent to which, said land is located; (d) any local district having jurisdiction over said land which is empowered by law to levy or
impose direct assessments or liens thereon; (e) the Federal Offices at Los Angeles.
2. Assessments, taxes or obligations levied or created for any public or district improvement or purpose, unless at the date hereof
the amount of such assessment, tax or obligation has been fixed,is payable and is shown as a lien by the official records of such County,
City or local district.
3. Proceedings for public improvements, which, at the date hereof, are shown by the official records of said County or of any
such City or district, but have not resulted in imposition of a lien upon, or establishment of an easement over, or adjudication of the
right to a public use of, said land or any part thereof.
4. Action by any governmental agency for the purpose of regulating occupancy or use of said land or any building or structure
thereon.
CONDITIONS
1. The term "the Insured" includes all named as,insured an and remedies in the proportion which said payment bears to the
the first page of this Policy and as to each insured owner of an amount of said loss.
indebtedness secured by mortgage or deed of trust shown in Sched- 5. The Company has the right and option, in case any loss
ule B, each successor in ownership of such indebtedness and any is claimed under this Policy by an Insured owner of an indebted-
owner thereof, who acquires said land, or any part thereof, by mess secured by mortgage or deed of trust, to pay such Insured
foreclosure, trustee's sale, or other legal manner to satisfaction of the entire indebtedness of the mortgagor or trustor under said
said indebtedness,or any part thereof; and as to each other named mortgage or deed of trust, together with all costs which the Com-
Insured, if a person, any person or corporation deriving an pany is obligated hereunder to pay, in which case the Company
estate or interest in said land as heir or devisee of such person,or if shall become the owner of, and such Insured shall at once assign
a corporation, any person or corporation deriving an estate or and transfer to the Company said mortgage or deed of trust and
interest in said land by dissolution, merger or consolidation. the indebtedness thereby secured and such payment shall terminate
2. The Company at its own cost shall defend the Insured in all all liability under this Policy to such Insured.
actions or proceedings commenced against the Insured founded 6. A statement in writing of any loss or damage for which it is
upon a defect, lien or encumbrance insured against by this Policy claimed the Company is liable under this Policy shall be furnished
and may pursue such litigation to final determination in the court to the Company within sixty days after such loss or damage shall
of last resort. In case any such action or proceeding shall be begun, have been ascertained.No action or proceeding for the recovery of
or in case knowledge shall come to any Insured of any claim of any such loss or damage shall be instituted or maintained until
title or interest adverse to the title as insured, or which might after full compliance by the Insured with all the conditions im-
cause loss or damage for which the Company shall or may be posed on the Insured by this Policy nor unless commenced within
liable by virtue of this Policy, such Insured shall at once notify twelve months after receipt by the Company of such written
the Company thereof in writing. If such notice shall not be given statement.
to the Company at least five days before the appearance day in any y, The Company will pay, in addition to any loss insured
such action or proceeding,or if such Insured shall not,in writing, against by this Policy,all costs imposed upon the Insured in litiga-
promptly notify the Company of any defect,lien or encumbrance tion carried on by the Company for the Insured, and in litigation
insured against or any such adverse claim which shall come to the carried on by the Insured with the written authorization of the
knowledge of such Insured, in respect to which loss or damage is Company but not otherwise. The Company will not be liable for
apprehended, then all liability of the Company as to each Insured loss or damage by reason of defects, claims or encumbrances created
having such notice in regard to the subject of such action,proceed- subsequent to the date hereof or resulting in no pecuniary loss to
ing or claim shall cease and terminate, provided, however, that the Insured,or for defects, claims or encumbrances created or suf-
failure to so notify shall in no case prejudice the claim of any fered by the Insured claiming such loss or damage, or existing at
Insured unless the Company shall be actually prejudiced by such the date of this Policy and known to the Insured claiming such
failure. In all cases where this Policy permits or requires the Com- loss or damage either at the date of this Policy or at the date such
pany to prosecute or defend any action or proceeding, the Insured Insured claimant acquired an estate or interest,insured by this
shall secure to it the right to so prosecute or defend such action or Policy. The liability of the Company under this Policy shall in no
proceeding, and all appeals therein, and permit it to use, at its case exceed in all the actual loss of the Insured and costs which the
option, the name of the Insured for such purpose. The word Company is obligated hereunder to pay and in no case shall such
knowledge" in this paragraph means actual knowledge and does total liability exceed the amount of this Policy and said costs. All
not refer to constructive knowledge or notice which may be im- payments under this Policy shall reduce the amount of the insur-
puted to the Insured by reason of any public record or:otherwise. ance pro tanto and payment of loss or damage to an Insured owner
3. The Company reserves the option to pay,settle or compro- of indebtedness shall reduce to that extent the liability of the
mise for or in the name of the Insured,any claim insured against or Company to the Insured owner of said land. No payment can be
to pay this Policy in full,and payment or tender of payment of the demanded by any Insured without producing this Policy for
full amount of this Policy together with all costs which the Com- indorsement of such payment.
pany is obligated hereunder to pay shall terminate all liability of 8. Loss under this Policy shalt be payable, first, to any Insured
the Company hereunder. owner of indebtedness secured by mortgage or deed of trust shown
4. Whenever the Company shall have settled a claim under this in Schedule B,in the order of priority therein shown,and if such
Policy,it shall be subrogated to and be entitled to all rights,securi- ownership vests in more than one,payment shall be made ratably as
ties and remedies which the Insured would have had against any their respective interests may appear, and thereafter, or if there be
person or property in respect to such claim, had this Policy not no such Insured owner of indebtedness,any loss shall be payable to
been issued, and the Insured shall transfer or cause to be trans- the other Insured,ratably as their respective interests may appear.
ferred to the Company such rights, securities and remedies, and 9. No provision or condition of this Policy can be waived or
permit it to use the name of the Insured for the recovery,retention changed except by writing indorsed hereon or attached hereto
or defense thereof. If the payment does not cover the loss of the signed by the President, a Vice-President, the Secretary or an
Insured,the Company shall be subrogated to such rights,securities Assistant Secretary of the Company.
Page 4 of Policy No. 104112
s and /o
5UI77,171t Tract-
as per map thereof' recorded in
Book 7 at page / of /`/iso. llyaPs
Records of Oral7yo Count)(, G'a/ieornia.
Street-
Nashui%/e �
60
9. �