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HomeMy WebLinkAbout1938-09-21 - Grant OSGOOD, CHESTER and GERALDINE A :C;:1UVUV1U� �� `"1��. CIS`� CIOU� CIL OF T10 CITY uF I1VvTx iJ,;7 1 B�AC=w w CALIFURZIfIA9 All"O I":I IO Cry" .kf:<� � .`.iIiCjjj I?j(7 l CZ` Ct� °'; " C� Oi ' FOR Ils�:t401RD DkIM TI:1" I', R i >`he City GotLincll of the Cit . 'of Ew :inr.-tots Bea x v California, do resolve as follows: Section 1. That the City of Huntington beacdh pur— chase t tote certain pif,ces or prtreels ©f Itnd situate in said ' City of hunt1r4 *.ron Bev.eh, County of Orange, :Mate of Californias dezeri. )ed as follows. Lots Fourteen (14) , Sixteen (16) and Lighteen (1 ) in BI ak Five Ilu-ALred Four ( } ) t1atn Street Sectl on of hunt ingto n Beaeh, a 3 per map recorded In Book 3. page 43 o Miscellaneous l pss R conis of fira,r Ao Cowit'.1. California, for ._ sun of 'Fifteen Hundred (61,500.00) Dollars. Section : That C. It. F rr, City Clerk of the City, of hutzt ingfin Beach, Is hen!;. - authoritec to, oon l ent to and accept said, Deed eo erine said. -,rope rty far and ern half of the City o huntlTigtonBeach x o muse Ei1iv a 4o be re- corded In 'the Office of Vile Count; Recorder of tlx-, County of Urfu�-tz, , ;�*at e of California , P. .3;X'D A 1>11"LD by the Cgty Council of the City of 1"tuntIrCton Beach, California, at a. regularly adjourned meeting k .geld on the 26th day of September# 1938. I N. Li. McCALLEN t z C . R. FURR.- w Cite Cle',r ., r. .... j Court y of Ora . _, � City of hutine.ton Beach. � I s, G t. FUR 11, the duly ele oted, qu to if led mcf ins t� Clerk or the City of huntlx ton Beach, California d ex-officio C"erk of he City CoUnall of said City* nemiw,,, cortiry thcA the ityale number of rti)ers of the City Council of the City of Lad, is f Ivc; that the fore heso lut ion passed and adopted b the aff lrry t ive vo`e of a in or t,� of the members of spild City Council at a regularly adjourned meeting, of the City Council held on the ��-vh y.of U: 3'T', 1 3K3, b,;� the fall N°' vote: �►Y Councilme-Al, MOREHOUSE C HANNESS, &CALMR. , Couacil ew NONE i�SET; Ceurc : : lALBERT HENRICKSON C. R. FURR City Clark and ex.-officl.o Ma, rt '%0 c4 tag Council of the City of Hunt1q,r,ton beach, Calif omit.. THE FOREGOING INSTRUMENT IS A CORRECT COPY OF THE ORIG AL UN FILE IN 'fNtS QE [ f ATTEST- . __..._ ... 1 ....- .. ----- - .� . �f ........ ........ City Cler an "Ex-officio Clerk of the City Council' Of the Hun' n Beach, C By , FORM 9.1-64M-9-97 JOINT PROT$GTION FORM • 0 VO Order No. 104321 16B/ls8 Herein called the Company,for a valuable consideration, paid for this Policy of Title Insurance, THE 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-- ---Fif teen 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 on 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 or 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 &sHmnep M#nwf,Abstract and Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, this 5th day of October, 1938 at 9:00 A.M. By President Attest ��L� Secretary This Policy consists of_-- _pages which are numbered at the end of each page. FORM 326-A 4M-9-97 , • JOINT PROTECTION FORM SCHEDULE A 1. The title to said land,is at the date hereof,vested in THE CITY OF HUNTINGTON BEACH, a municipal corporation. 2. The land referred to in this Policy is described as follows: Lots Fourteen (14) , Sixteen (16) and Eighteen (18) in Block Five Hundred Four (504) of Huntington Beach, Main Street Section, in the City of Huntington Beach, County of Orange, State of California, as per reap thereof recorded in Book 3, page 43 of Miscellaneous Maps, records of said Orange County. Page 2 of Policy No. 104321 FORM 327-B 4M-9-97 JOINT PROTROTION 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. (2) Conditions and restrictions contained in the deed from Huntington Beach Company, a corporation, to Emily A. Brown recorded in Book 115, page 152 of Deeds, records of Orange County, California. Page 3 of Policy No. 104321 ----- - - - - - - - -- - - - - - ---- - - - - - - FORM 888-C YM 8-I8.89 ' r JOINT-PkOTWTION FORA/ 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,skid 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 on 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- q, 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 nets secured by mortgage or deed of trust, to pay such Insured foreclosure, trustee's sale, or other legal manner in satisfaction of the entire indebtedness of the mortgagor or trustor under said said indebtedness,or any pan 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 of 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 toss 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 tv tten 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 toss to ing or claim shall cease and terminate, provided; however, that the Insured,or for defects,claims or encumbrances created or ad- failure to so notify shall to no case prejudice the claim of any feted 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. ante pro canto 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 g; 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 shalt 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 of 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. 104321 bk =Lot i¢, /6 i8, B/ocLr s04 HU171/n9t017 BCOGh /"fairy Street SCCt%Orr as per map thereof recorded in Book 3 at page 43 of //isc. /7ays Records of 01-ar79e� C'ounty/, (?a1h brnia. O . /17.5' �¢ s Xt o, io. 6.