HomeMy WebLinkAbout1942-09-17 - Grant MILLS LAND AND WATER COMPANY Affix I. R. .........................................
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1�111LLS LAND AND WATER 0012ANY,
............................................................................................................. --------------------------------------------------------------------------------------------
a corporation organized under the laws of the State of_.._.._._QAlifornia
------------------------------------------------------------I with its principal
place of business at......P-OM-Ona- - - --------------------------------------------------- --------------....in consideration of Ten Dollars,
receipt of which is hereby acknowledged, does hereby............................................................................-------------------------
GRANT to-----THE---CITY OF HUNTINGTON BEACH, a 1,11unici-pal Cor-poration,...................
. . . .............. ---------------------------------------------------------------------------------Corporation,
...
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all that real property in the-- ---B.U=r1MEtQa---�gagh..............................................................................
County of Orange, State of California, described as
Beginning at a point in the North-easterly line of the right of way
of the Southern Pacific Railroad Company as granted by deed recorded
December 20th, 1905 in Book 123, page 96 of Deeds, which point is 20
chains South of the North line of Section Fourteen (14) , Township Six
(6 ) South, Range Eleven (11) West, S. B. B. & 1,11- ; thence East along a
line which if extended would intersect the East line of said Section
Fourteen (14) at a point 20 chains South of the North-east corner there-
of, a distance of 1032. 75 feet, more or less) to a point on said line,
which point is 1393.78 feet West of the East line of said Section Four-
teen (14) , said point being the true point of beginning of the property
-herein described; thence continuing East along said line 4038.94 feet;
thence South parallel to the East line of said Section Fourteen (14) to
a point in the North-easterly line of said right of way of the Southern
Pacific Railroad Company; thence North-westerly along said right of way
to a point in a line running South from the true point of beginning,
0 1
which line is parallel with the East line of said Section Toi-Lpteen- (14 ) ;
thence North along said parallel line to the true point of beginning.
Excepting therefrom the portion included in the land conveyed to
the City of Huntington Beach by deeds recorded September 29th, 1914 in
Book 259, page 213 of Deeds and February 16,15h, 1931 in Book 455, page
400 of Official Records.
IN WITNESS WHEREOF, said Corporation has caused its corporate name and seal to be affixed hereto and this
inst;A'Aent to be executed by its..---=....President and._-::________________`_-------Secretarye thereunto duly authorized,
-----.day of--- ........... I9-
----------/�-----------------*-------------------1____1
MILLS LAND AND WATER 001,1PANY
.............. ----- ---------- ----------------------------------------------------------------------------
(CORPORATE SEAL) By- ........ .............. -- ----- -------------------- ----- ----- --------------President
By--------------------------------------------------------- ---------------
........... ------------ ------Secretary
STATE OF CALIFORNIA,�SS.
COUNTY OF`ORANGE,
On this--•--.. ---'/-----...day of. 19..,9.. before me,
S
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---••------------------------ ---- ---------- ---- -- - - -- ---------------------------------------------------.a Notary Public in and for said
County and State, personally appea _______-____�_�_./�_.?!111�!YL/____ __ _ _Q " ._..___._
.......-.......--......................................................-----------------_--------- -------- ----------------------------- •-------------•------------------------•---•------
known to me to be the.......---•--•---•---......President, and----- - .
_______________ -----•--------------------------------------------
known to me to be the------__ __Secretary of the corporation that execute the wi in and foregoing instrument,
and known to me to be the persons who executed the within instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
............ -- ---- ---
[SEAL] Notary Public in a said County and State
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California Land Title Association Standard Form
Copyright 1938
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H. A GARDNER, PRESIDENT
R. V. SHAFER, VICE-PRESIDENT M, M GALBRETH, ASSISTANT SECRETARY
L, R. KENNEDY. VICE.PRESIDENT C.W BAXTER, ASSISTANT SECRETARY
GEO. A PARKER, SECRETARY H. R. NOBLE. TITLE OFFICER
Policy No. 1'7045'7
34'7-6
Orange �C®untp Title 01Campanp
a corporation,of Santa Ana,California,herein called the Company,for a valuable
consideration, paid for this Policy of Title Insurance,
MILLS LAND AND WATM 00ICWTY,
together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust
shown in Schedule B, the owner of which is named as an insured, and any such owner or successor in
ownership of any such indebtedness who acquires the land described in Schedule A, or any part thereof,
by lawful means in satisfaction of said indebtedness or any part thereof, and any person or corporation
deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the
dissolution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding
Five Tliousand 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 herein
stated; or
by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarket-
ability exists because of defects, liens, encumbrances, or other matters shown in Schedule B; or by reason of
any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or
by reason of any defect in the execution of any, mortgage or deed of trust shown in Schedule B securing an
indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or
charge of such mortgage or deed of trust upon said land; or
by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance
upon said land, except as shown in Schedule B;
all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipula-
tions are hereby made a part of this policy.
Jn Wittwo 04erenf, Orange County Title Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, this 16th day of September, 1942 at 8t00
A. Me — —
ORANGE COUNT MPANY,
By
P ident
Attest:
Assistant Secretary
This Policy consists of f 1ve pages which are numbered at the end of each page. I ].
SCHEDULE A
1. The title to said land is, at the date hereof, vested in
MILLS LAND AND WATER COMPANY, a Corporation.
2. Description of the land, title to which is insured by this policy:
All that certain land situated in the City of Huntington Beach,
County of Orange State of California, described as follows, to-urit:
Beginning at a point in the Borth-easterly line of the right of
tray of the Southern Pacific Railroad Compaxiy as granted by deed recorded
December 20th, 1905 in Book 123, page 96 of Deeds, which point is 20
chains South of the North line of Section Fourteen (14) , Townshi-c Six
(6) South, Range Eleven (11) `Jest, S. B. B. & M. ; thence East along a
line w=aich, if extended, would intersect the East line of said Section
Fourteen (14) at a point 20 chains South of the North-east corner there-
of, a distance of 1032.75 feet, more or less, to a point on said line,
which point is 1393.78 feet West of the East line of said Section Four-
teen (14) , said point being the true point of beginning of the property
herein described; thence continuing East along said line 438.94 feet;
thence South parallel to the East line of said Section Fourteen (14) to
a point in the North-easterly line of said right of way of the Southern
Pacific Railroad Company; thence North-westerly along said right of way
12
to a point in a line running South from the true point of beginning which
line is parallel w th the East line of said Section Fourteen (14) ; thence
North along said parallel line to the true point of beginning.
Excepting therefrom the portion included in the land conveyed to the
City of Huntington Beach by deeds recorded September 29th, 1914 in Book
259, page 213 of Deeds, and February l6th, 1931 in Book 455, page 400
of Official Records.
I
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SCHEDULE B
A. The Company does not, by this policy, insure against loss by reason of:
1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal
District, (b) of the county, or (c) of the city, in which said land or any part thereof is now or was formerly situated.
2. Rights or claims of persons in possession of said land which are not shown by those public records which
impart constructive notice.
3." Any facts, rights, interests, or claims which are not shown by those public records which impart con-
structive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons in
possession thereof, or by a correct survey.
4. Mining claims, reservations in patents, water rights, claims or title to water.
5. Any governmental acts or regulations restricting, regulating or prohibiting the occupancy or use of said
land or any building or structure thereon.
B. Liens and encumbrances to which said title is subject shown in the order of their priority, and
defects and other matters to which said title is subject:
1. State Corporation Franchise Taxes, not examined.
2. Taxes for fiscal year 1942-1943, not yet payable.
i
STIPULATIONS
SCOPE 1. This policy does not insure against, and SUBROGATION 4. Whenever the Company shall have
OF the Company will not be liable for loss or UPON PAYMENT settled a claim under this policy, it
COVERAGE damage created by or arising out of any of OR SETTLEMENT shall be subrogated to and be entitled
the following: (a) defects, liens, claims, encumbrances, or to all rights, securities, and remedies which the insured would
other matters which result in no pecuniary loss to the insured; have had against any person or property in respect to such
(b) defects, liens, encumbrances, or other platters created or claim, had this policy not been issued. If the payment does
occurring subsequent to the date hereof; (c) defects, liens, en- not cover the loss of the insured, the Company shall be sub-
cumbrances,or other matters created or suffered by the insured rogated to such rights, securities, and remedies in the propor-
claiming such. loss or damage; or (d) defects, liens, encum- tion which said payment bears to the amount of said loss. In
brances,or other matters existing at the date of this policy and either event the insured shall transfer, or cause to be trans-
known to the insured claiming such loss or damage, either at ferred, to the Company such rights, securities, and remedies,
the date of this policy or at the date such insured claimant and shall permit the Company to use the name of the insured
acquired an estate or interest insured by this policy, unless in any transactions or litigation involving such rights, securi-
such defect, lien, claim, encumbrance, or other matter shall ties, or remedies.
have been disclosed to the Company in writing prior to the
issuance of this policy. Any rights or defenses of the Com- OPTION TO PAY 5. The Company has the right and
pany against a named insured shall be equally available against INSURED OWNER option, in case any loss is claimed
any person or corporation who shall become an insured here- OF INDEBTEDNESS under this policy by an insured
under as successor of such named insured. AND BECOME owner of an indebtedness secured by
DEFENSE OF 2. The Company at its own cost shall de- OWNER OF mortgage or deed of trust, to pay
SECURITY such insured the indebtedness of the
ACTIONS fend the insured in all actions or proceedings
mortgagor or trustor under said mortgage
against the insured founded upon a defect, lien, encumbrance,
together with all costs which the Company iss deed obligated
trust,
d here-
or other matter insured against by this policy,and may pursue under to pay, in which case the Company shall become the
such litigation to final determination in the court of last resort. owner of, and such insured shall at once assign and transfer to
In case any such action or proceeding shall be begun, or in the Company said mortgage or deed of trust and the indebted-
case knowledge shall come to any insured of any claim of title ness thereby secured, and such
or interest adverse to the title as insured, or which might cause payment shall terminate all
liability under this policy to such insured.
loss or damage for which the Company shall or may be liable
NOTICE OF by virtue of this policy, such insured shall NOTICE OF 6. A statement in writing of any loss or
ACTIONS at once notify the Company thereof in LOSS damage for which it is claimed the Company
OR CLAIMS writing. If such notice shall not be given is liable under this policy shall be furnished to the Company
TO BE to the Company at least five days before within sixty days after such loss or damage shall have been
GIVEN BY the appearance day in any such action or LIMITATION ascertained. No action or proceeding for the
THE INSURED proceeding, or if such insured shall not, in OF ACTION recovery of any such loss or damage shall be
writing, promptly notify the Company of any defect, lien, en- instituted or maintained against the Company until after full
cumbrance, or other matter insured against, or of any such compliance by the insured with all the conditions imposed on
adverse claim which shall come to the knowledge of such in- the insured by this policy,nor unless commenced within twelve
sured, in respect to which loss or damage is apprehended,then months after receipt by the Company of such written statement.
all liability of the Company as to each insured having such an PAYMENT OF 9. The Com
notice in regard to the subject of such action, proceeding, or Company will pay, in addition to
claim shall cease and terminate;provided,however,that failure LOSS AND any loss insured against by this policy,all
to so notify shall in no case prejudice the claim of any insured COSTS OF costs imposed upon the insured in litiga-
4 unless the Company shall be actually prejudiced by such fail- LITIGATION. tion carried on by the Company for the
ure. The Company shall have the right to institute and prose- INDORSEMENT insured, and in litigation carried on by
cute any action or proceeding or do any other act which, in OF PAYMENT the insured with the written authorization
its opinion,may be necessary or desirable to establish the title, ON POLICY of the Company, but not otherwise. The
or any insured lien or charge, as insured. In all cases where liability of the Company under this policy shall in no case
this policy permits or requires the Company to prosecute or exceed, in all, the actual loss of the insured and costs which
defend any action or proceeding, the insured shall secure to it the Company is obligated hereunder to pay,and in no case shall
in writing the right to so prosecute or defend such action or such total liability exceed the amount of this policy and said
proceeding, and all appeals therein, and permit it to use, at its costs. All payments under this policy shall reduce the amount
option, the name of the insured for such purpose. Whenever of the insurance pro tanto, and payment of loss or damage to
requested by the Company the insured shall assist the Com- an insured owner of indebtedness shall reduce, to that extent,
pany in any such action or proceeding, in effecting'settlement, the liability of the Company to the insured owner of said land.
securing evidence, obtaining witnesses, prosecuting or defend- No payment may be demanded by any insured without pro-
ing such action or proceeding to such extent and in such ducing this policy for indorsement of such payment.
manner as is deemed desirable by the Company, and the Com-
pany shall reimburse the insured for any expense so incurred. MANNER OF 8. Loss under this policy shall be payable,
The Company shall be subrogated to and be entitled to all PAYMENT OF first, to any insured owner of indebtedness
costs and attorney's fees incurred or expended by the Com- LOSS TO secured by mortgage or deed of trust
pany, which may be recoverable by the insured in any litiga- INSURED shown in Schedule B, in order of priority
tion carried on by the Company on behalf of the insured. The therein shown, and if such ownership vests in more than one,
word "knowledge" in this paragraph means actual knowledge, payment shall be made ratably 'as their respective interests
and does not refer to constructive knowledge or notice which may appear, and thereafter, any loss shall be payable to the
may be imputed to the insured by reason of any public record other insured, and if more than one, then to such insured
or otherwise. ratably as their respective interests may appear. If there be 1
OPTION TO 3. The Company reserves the option to no such insured owner of indebtedness, any loss shall be pay-
PAY,SETTLE,OR pay, settle,or compromise for,or in the able to the insured, and if more than one, to such insured
COMPROMISE name of, the insured, any claim insured ratably as their respective interests may appear.
CLAIMS against or to pay this policy in full at WRITTEN 9. No provision or condition of this
any time,and payment or tender of payment of the full amount p
of this policy, together with all accrued costs which the Com- INDORSEMENT policy can be waived or changed except
pany is obligated hereunder to pay, shall terminate all liability REQUIRED TO by writing indorsed hereon or attached
of the Company hereunder, including all obligations of the CHANGE hereto signed by the President, a Vice-
Company with respect to any litigation pending and subse- POLICY President, the Secretary, or an Assistant
quent costs thereof. Secretary of the Company.
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�f RA14GC VLJm-rh OFFICERS:
UNDER DIRECT SUPERVISION T1 p H. A GARDNER. PRESIDENT
OF _ s��_r�_� f-vlyl PA 14Y R. V. SHAFER, VICE-PRESIDENT
X u v L. R. KENNEDY, VICE-PRESIDENT
STATE INSURANCE COMMISSIONER GEO A PARKER, SECRETARY
M. M.GA LBRETH,ASSISTANT SECRETARY
GUARANTEE FUND REQUIRED BYLAW CORN E R OF 5- & MAIN SIRE ETS C. W BAXTER, ASSISTANT SECRETARY
H. R NOBLE. TITLE OFFICER
DEPOSITED WITH THE TREASURER
OF THE 'v , /'� /� A
STATE OF CALIFORNIA ` A L I r 0 R A
v vo.
A P10,17-50T.,1:11 CID, OF TY13i CITY COWNCIL OF
V (ME =Y MVINgp�,
2 CHt
CCE 'G D -114 P DPER, Y,JAX T C' "TA
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4 The City Counr_�j of t-the --Olty,'of 14unt3ngton,
5 C*,lifornlial 40 I-0-0,01ve follovs&*
11M.sat C, P, ftrps, City Clerk of the ClItY of HuntinpV.-M
6
7 .ta In hereby aoptborized to' conaent and °!C^-ept
_,t �v I Ina the h--n-reinaf,",or deseribed propertyo
_,j Ca
8 Covi: -
for And on bobilf Off the city oo Ito Beacho nm'i to
10 eauze the to be reloo—ded in the of Ice of the ColultY
11 core-'er. 0.", t1L-2 COM-aty of Ora�ev State of Ce-lift"omia.
12 arty le, deen rite d f�s followat
,15,1 prop,-,!
-kil thAt certain Atuated In the COIM-ty Vot OrzaMEMO
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14
no o
15 rolnt in -nte rly 1L T
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ntw-d Ity demd reoo-rdpi nsi-�.ambar �'-O
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17 20 , 4r-j Book 123v
18 pag,e 0,65-j, -of Deledo., vh1cli polxnt Ii/c.hnAn-o Soutb, of? Vas 'North
A
11 1 of Section Fourt-en Ix (6)
sa.--Q.68,4. , thence E,-St
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21 If extepkied, would inter-Sept the. v- aazz line of = soetlota
Yourtem (14) -,-At t� polr%t f�O t1l,
22
23 corner thzreoJ4'*v & distamee of 101-D2*75 feet;, mom or less to
4 gt, uh
a r,(%Jnt ox,-, lino, w-ulle. Met of - 0
24
".lie` of GEAd section Fourteen (14) , Said - ;Ant; being
25
26 rhe true. polnt of beginn-ling of the property 1A.versalt, deserlb-ad o.
t U nee
27 thenpc- aontimeIME;eatzt ti-ong paid 'line 4,,'�' .1,A-h fai�+.; v1
28 soutlh to tbAe 1-1ae of z Id se-veiktian- -',Pourteen (14
way o fo
29 to a -oojn� in the North-eagt�erlly line of oa- ld v1fp-,--Jht of/the
*W--u bltiv�7 ril r1a,ulfic Nor*7-nevaterly *10
2
Bald rl&t of way to a Point in a lirw ?.%uLnlug south frm tho
3 trqe potnt of bei lel vwlth the
—girminw-$, vixt-oh line Is
4
Zp.St lies of wnld See"Zion Fwa-r-teen (14); thenoo North alo
5
said parallel 11no 1,,-0 the true point of beg-Inning.
6 F-�xeeptlng therefr= the portion Int-lWcd in the JaIA conveyed
7 to tha_ City of Beach ty deeds remorded So-tember
8
In Boot 2VD#psfivj CI;5 oi i.-ds ntnd Fe binary l6th 11�431
9 In Book 451,551, p*Ze 400 of Officia Reaords*
10
11
INIm3t m IMCF-1-12-D at a rollg-ular/g�awoff' the city
12
C-0muoil 04 tlul tof 11"'Titington Beach# Calif Orr4a# 1wid
13
an tbz day alf
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15 T B TalbeTt
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19 0 R Fuzz
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28 1
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2 STATE, OF CALIYOPSUO
County of 0-1-ange* 013
3 City of fluntUwton Ba"hs,
4 1,- C4 R. Viwrr %Ilie duly elsotedt qualified aW sa%1M-
5 )To�,c of the f,',Ity k)JI 'juritingtor. B-a VC i f o r a
ex—offieie perk of the Cvmol-I or 2;-,!,Ad C-,1,1V,.,y-# do hamby
7 eertvy that., tbo wivAs number of mtuber a of the it Council
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9 sdont'-ed 'by th-, a.VPMva-P-t1vO vote
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of more 1%awn a maJority of n%- bero of sPid City Counell
,n sue j 'I y a r n tiqof -e City Counoll h-Ad
th
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on the C-3- tift deq of $;4_ ptember-019420 by the follo Ir vote
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17 ;one
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19 ;Fig T-TOne
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21 C R Fi,r-.
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V"- City (,,ownell of the City
23 of RhM4,-Lv1gt-c-n OM1tf=AA,
:64 THE FOPEr,�-)TNG PJ5TTZ!P--JMNT IS A CORRECT
COBT C-
1,.(AL -'N C'�', FILE IN TAB GIFilCE
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25 KIM- ..........
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27 Ck and -d"'i r �,k of tht Giy Council
of the City cf Hur,'--g-t-On Beadn' Cad.
28 Deputy
29