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HomeMy WebLinkAbout1943-10-21 - Grant MILLS LAND AND WATER COMPANY Ili'+- ;�• � 1 GRANT DEED IDS 2 ,� ,, f�s MILLS LAND AND WATER COIJIYAI�'Y , a, corporation, in consideration of Ten ( 1 0. 00) Dollars to it in hand paid, the >' 4 receipt of which is hereby acknowledged, does hereby grant to 5 CITY OF IIUNTINGTON BEACH, a Municipal Corporation, all that real 6 property situated in the County .of Orange, State of California, 7 described as follows: 8 All that certain land situated in the 9 County of Orange, State of California, described as follows , to-vpit: 10 Beginning at a point in the North-east- 11 erly line of the right of way of the Southern Pacific Railroad Company as 12 granted by deed recorded December 2Cth, 19 rZ in Book 123, page 96 of Deeds, 13 which -point is _2 0 chains South of the North line of Section Fourteen (14 ) 14 Township Six (6 ) South, Range Eleven (11 ) West S. B. B. & L. , thence East along a 15 line which if extended would intersect the Past line of said Section Fourteen 16 (14 ) at a point 20 chains South of the North-east corner thereof, a distance of 17 1471 . 69 feet, more or less, to a point on said line which point is 954.84 feet 18 West of the East line of said Section, said point being the true point of 19 beginning of the property herein des- cribed; thence continuing East along said 20 line 336.,7 0 feet; thence South parallel - to the East line of said Section Fourteen 21 (14 ) to a point in the North-easterly line of said right of way of the Southern 22 pacific Railroad Company; thence North- westerly along said right of way to a 23 point in a, line running South from the true point of beginning, which line is 24 parallel with the East line of said Section Fourteen (14 ); thence North along 25 said psrallel line to the true point of beginning. 26 Excepting; therefrom the portion included 27 in the land conveyed to the City of Huntington Beach by deeds recorded Sept- 28 ember 29th, 1914 in Book 259,' page 213 of Deeds and February 16th, 1931 in 29 Book 455 , page 400 of Official Records. 30 TO HAVE AND TO. HOLD to the said grantee, its successors a,nd assigns forever. 31 IN rVITNESS WHEREOF, the 1.rILLS LAND AND WATER COITAIvY, a 32 -1- 1 corporation, has hereunto caused its corporate name to be 2 signed and its corporate sea•1 to be affixed by its President 3 and Secretary, thereunto duly authorized , this 2f day of 4 1943. MILLS LAND .AND WATEP. COMPANY, 5 a Corporation. 6 7 By Y 9 10 STATE OF CALIFORNIA ) 11 ss ° COU�i TY OF LOS ANGELES � 12 13 On this day of 1943, 14 before me, a, Notary Public 15 in and for said County St ,te, residing therein, duly 16 commissioned and sworn, personally appeared 17 known to me to be the President , and 18 known to me to be the Secretary of the 19 corporat"described in and that executed the within instrument , 20 and known to me to be the persons who executed the within 21 instuument on behalf of the corporation therein named, and 22 acknowledged to me that such corporation executed the same. 23 IN WITNESS 1HEREOF, I have hereunto set my hand 24 and affixed my official seal the day and year in this certificate 25 first above written. 26 27 Notar.y Public in d for said County - Sta e. 26 29 30 31 32 v y Ij •s RLC©RDED AT REQUEST QR 140V181943 IN BOOK__1-22 408 ORAN(lE COUNTY CALI ORNIA FEES COUNTY, CAM / �c`r41iVTY FC�RDER Tom_ 919 2 A RESOT'UTION OF' THE CITY 0 0 U 1,11 C M 0 F THE CITY OF HUNTIWGTON KFACH, CALIFORNIA, T D TO, I OP 4 The City Council of the City of huntington Beach$ 5 California, do resolve as follows: 6 That C:. It. Furr, City Clerk of the C4tV of 7 Huntington Beach, California, is hereby authorized to 8 consent and accept that certain Deed from the Mills Land and 9 ' ater Company,, a corporation, covering the hereinafter des- 10 cribed Droperty, for and on behalf of the City of hunt- 11 4-Ington Beach, and to cause the sp-me to be recorded In the. 12 Offl-_e of the County Recorder of the County of .`1rs,.nge, 13 State of California. 14 Said property Is describeft as foliol7s. 15 All that certain land situated In the 16 'Ount- of Mtn_to of California, described &F follows, to-wlt: 17 Be,girsiling at a Moir 1n the Nort'A'I-east- 18 _rly of the ?-I�ht of of the Southern Pacific Railroad Oompcnny as 19 6ranted by reicorde�l TDacember 20th, 1905 in Book 123, page 96 of Deeds, IRS- 20 i zhIch pcint 2C chaine, South of the 141orth line of _1`1ection Fourtee­ 414) 21 Tormnehlp S-1.7, (16.) _14outhp Range 1-Ueven (11 ) Vi,,`est 5. 3. B. & 1-4. , thence East aloag a 22 11ne 7,'41UQh if extended would Intersect the VE�ast line of said Section -Fourteen 23 (1-4) at a r,olnt 20 chains youth !-,)f the D4orth­east corner thereof, a distance of 24 I 1471.69 feet , more or less, to a point on said line -whic-h point is 954-84ftet 25 'Vest of the East line of saki Section, said point being the true poll-ft of 26 beginning of the p_rope�rty herein des - cribed- thence ccntln-alms L."ast along said 27 Il.ne ,,,3;6.70 feet; Vnence South'parall-el to the East line of said 83action Fourteen 28 ' 14) to a point in the ,�orth_eaaterly line of said right of way of the Southern 29 -1- 2 Pacific Railroad Company; thence North.- westerly along said right of vtu'ay to a 3 noi n1; in a n4 n.'p. Ine run , , South from the true point of beginning, rhich line Is 4 parallel with the East line of said Section Fourteen (14) ; thence North along 5 saidL Darallel 11ne to the true point ofbeginning. 6 Excepting therefrom the portion Included In the 2-and conveyed to the City of 7 Huntington Beach by deeds recorded 8 Sep*vez:uer 29th, 1914, In Book 259, page 213 of Deeds and February 16th, 1931 In 9 Book 455, pciga 400 of Official Records. 10 PA%' ,S;�S'T7M AN-D at a- regular adjourned -Line"J� 11 meeting Of the City C ! of the City of Huntington 12 each, CallfoT-nnia held on th,(-4 jrj_ day of Mbpr t 13 14 T B Talbert 15 ATTE5T: 16 C R Furr 17 ,'Aty 1,-1-'lerk 18 19 20 21 22 23 24 25 26 27 28 29 2 STATE OF CALIFORNIA COUNTY OF GRANGE 3 City of Huntington EFeE;,c - 4 it C. R. FURR, the duly elected, qualified and 5 acting City Clerk of the City of Huntington Beachp 6 CRlifornia, and ex-officio Clerk of the City Council of 7 said City, do heT,eby certify that the whole number of 8 members of the City Council of the City of J1untington 9 Beach is five; that the foregoing resolution was passed 10 and adopted by the affirmative vote of more than a 11 majority of the members of the gaid City Councll at a 12 regular - adjourned meet4.ng of the City Council 13 ft� eid On the 5, day of November 1943, i':)y the 14 ollowing vote: 15 16 Councilmen He,.qrickson..Grable.Hawes.Morehouse T ext 17 18 NCIES None 19 Councilmen 20 A B SEE N T 21 ri Councilmien None 22 23 t'HE FORF 0 R Furr 1NSTR1J1�1,..1F,1,qT 15 A CORRECT VICE Y Hr IN T-,13 Cr Cop -ficio 24 City Clerk and ex-of ATTE, ....19- Clerk of tie City' Council of, ST... ---------- 25 C U the City of Huntinji.-;ton Beach, --------- - .................................................. 1� City and C()unc" 26 of the City Of HLIA A. 27 By Deputy 28 29 -3- FORM 1084-A 21-43 CALIFORNIA LAND TITLE ASSOCIATION STANOARD JOI1 10TECTION FORM California Land Title Association Standard Form Copyright 1938 GEO.A. PARKER. PRESIDENT R.V.SHAFER.VICE-PRESIDENT L. R. KENNEDY, VICE-PRESIDENT C.W. BAXTER.SECRETARY M. M. GALBRETH, ASSISTANT SECRETARY H. R. NOBLE,ASSISTANT SECRETARY G. E. WELSH, ASSISTANT SECRETARY Policy No. 176944 347-6 Orange QEountp 'Witte Compaup a corporation, of Banta Ana, California, herein called the Company, for a valuable consideration,paid for this Policy of Title Insurance, Boer 2rkrebp Jkgure CITY OF HUNTINGTON BEACH, 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 Thousand 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 iri 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. Sit Uldnvis W4prraf, Orange County Title Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, this 18th dav of November, 1943 at 9:00 A. M. ORANGE COUNTY TITLE COMPANY, By— President Attest: e=-6•--'Secretary This Policy consists of f ive pages which are.nurnLered at the end of each page. d'S^"r.' FORM'1O84-B '-10-42 CALIFORNIA LAND TITLE ASSOCIATION STANDARD JOINT PROTECTION FORM 176944 SCHEDULE A 1. The title to said land is, at the date hereof, vested in CITY OF hTUNTINGTON BEACH, a Municipal 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-wit: Beginning at a point in the Northeasterly 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, Township Six South, Range Eleven West, S. B. B. & 114-1. ; thence East along a line which if extended would intersect the East line of said Section Fourteen at a point 20 chains South of the Northeast corner thereof, a distance of 1471.69 feet, more or less, to a point on said line which point is 954.84 feet West of the East line of said Section, said point being the true point of beginning of the property herein described; thence con- tinuing vast along said line 336.70 feet; thence South parallel to the Last line of said Section Fourteen to a point in the Northeasterly line of said right of way of the Southern Pacific Railroad Company; thence Northwesterly along said right of way to a point in a line running 176944 South from the true point of beginning, which line is parallel 'with the East line of said Section Fourteen; 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 2593, page 213 of Deeds, and February 16th, 1931 in Book 455, page 400 of Official Records. 3 FORM 10S4-C 10-42 CALIFORNIA LAND TITLE ASSOCIATION STANDARD JOINT PROTECTION FORM _7T 176944 I 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 1 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. J5. Any governmental acts or regulations restricting, regulating or prohibiting the occupancy or use of said land or any building or structure thereon. I 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: County Taxes for. fiscal year 1943-1944, covering this and other I I l land, but amount not segregated, First Installment w77.96; Second In— stallment 477.96. Assessment No. 19169. (I i 4 FORM 1084-0 -I0-42 CALIFORNIA LAND TITLE ASSOCIATION STANDARD JOINT PROTECTION FORM 176944 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 matters 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 OPTION TO PAY 5. The Com issuance of this policy. Any rights or defenses of the Com- pany 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 ACTIONS fend the insured in all actions or proceedings SECURITY such insured the indebtedness of the against the insured founded upon a defect, lien, encumbrance, mortgagor or trustor under said mortgage or deed of trust, or other matter insured against b this policy,and may together with all costs which the Company is obligated here- or y p y, y 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 y payment shall terminate all loss or damage for which the Company shall or may be liable liability under this policy to such insured. 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 PAYMENT OF 9. The Company ill notice in regard to the subject of such action, proceeding, or y wpay, 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- 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 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 o WRITTEN 9. N 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. 0W:HD51 5 V. v 4-1 �BCAIUF�,"O 0,. 107 ��- -�I .�v, AIM '•` '�__ f'o LL i O R 4 N'RAJ u ou I7 20ch•-5 NLi17e.sec-/V-�-// E.Line o`er Sec./0-al i ' 1 i Q a •q j a z � T c-- O O� Z FORM 1106 10.6.43 2M ORANGE COUNTY'TITLE COMPANY 4 ar�,iiI III '�i.. ;: qY✓e ! oo II 4 O R"•,N E ono .. �_ O R "N E oro c r .CLT COUNT I I *1o1,, .0 \JRA14GE CC)U14 1 9/ OFFICERS: UNDER DIRECT SUPERVISION , PRESIDENT OF ®f��r�_c `v,� �/I ,��/ R. V. SHAFERR VICE-PRESIDENT ,*. Iy L. R. KENNEDY, VICE-PRESIDENT STATE INSURANCE COMMISSIONER GEO. A. PARKER. SECRETARY GUARANTEE FUND REQUIRED BY LAW CORN E R OF ST"— & MAIN STREETS M.M.GA ASSISTANT SECRETARY C. W. BARRTER,TER, ,ASSISTANT SECRETARY DEPOSITED WITH THE TREASURER A H. R. NOBLE, TITLE OFFICER OF THE S A /`'I 1 A A w A STATE OF CALIFORNIA C A I_ I r ^v R II I A