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HomeMy WebLinkAbout1944-07-28 - Grant MILLS LAND AND WATER COMPANY GRANT DEED t. ! 3 _` � r. MILLS LAT-1I) AND INATER COUIPANY, re. corporrition, 4 In considerrat"lon of TEN (4.tlJa00; Dolle.rs, to it in 1faldr 5 the receipt of 1"Onich Is hareby hereby grant 6 tc� CITY ^F�IIUTTTT I TC17 BEACTi, aPJiunicl..mnl Cornor{tin.n, all that 7 certa.in rev1_ property situe.ted in the County of Orange , Stnte 8 of Co.1i.forni.ri, deg or'red n.s fo'.lovis, to—wit: Beginntn.r ,I..t a. point in the Nc;rtheasterly 10 line of the x''ght of w,-y 'of the 6outhern Pacific Rea.{Iroa.d Comrmny -as Fr .nted by. it .- deed recorded. Denember 20t1t, 190,15 in Book 123, page 96 of Deeds, which point Is 20 12 chrain,; aouth of the North Tine of Section 4 T6 vane hip 6 nt,ctkz, ?�s.n€re 11 ti'+eut, S. na 9 1n0 B'a &, T;io ; thence 'Ma,; along a 11ne, which 1 If extond d. i.,rould intersect the pact line of t ec;tl 14 t,'t a point 4LO cho.in 'math of the ZJorthea,.,t corner thereof , �. 15 distance o'L 1308 39 feet _core or Tpoc to + paint on Enid line , which point is 16 613.14 feet 'MVest of the East line of sE-d-d Section, said paint bein,,r the true point 17 of beginning; of the property here-In d.es- cribed; thence continuing; East along paid 18 line , �3 �t r t ,�� , � said li,..E: 6.�..01.4 feet ,a h., L�..�t '- -nE, c.?f Section 14; thence South tAonc._� the East l.i ne rsf said ;section 14 to a point in the Northeacterly line of :S_1.id. right of riav 20 of the Southern d ,--tc—I is ReAlroed v'.7T.2pan.y• thence northwesterly c'alont., sr'i.t�. ruap,ht of 21 v,pay to to point in a line running South from the true ) oi:nt . of bc�gi.nni.rirr, wh.'ch 22 R.inf,, is par, lle1 with the i s st line of stil.d. Section 14; thence North alonry said 23 era t to the true Iao'!_nt of.:hr "a .n- 'nga 2" I i'x—eptInp, therefrom t'ri, r)ortlon.s :included 25 in the le.nc1 con- eyed to the City of Huntin - ton Beaoh by deeds recorded September 26 1914 in .Book 259, v.gj,- 213 of Deeds, November U�at$ -.1"1'? in Book 2G ., 1:r _!,e 4 of Deeds 27 and- February 16th, 1931 to Book 455, Tta.Fre 4('10 cif Offic IP1 Rccor(ls. 28 Subject to eo.sements of record over the 29 Eaot bO cet included 'Ln Hampshire A . enue. 30 31 TO :xAVE, Aj'11) TO HOLD to the s zid gr-r antee, Its _ - . „c.ce000rS and aosi.r is fore-vere 32 1 I 1. IN 'IITPTT;SS "I'll I77T OF, the JrjjT,L" LATTD AND ';MTrT; COMPC.TTYa 2 n. comoratlona his hereunto caused Jts corporate name to be 3 signed P-.nd its corpora :ate ses)l to be -affixed by Ite, President r 4 axifl So retn.ry, there unto duly author_1 edl this. g_.�._ day of 6, 7 I'dRILS LANTI) ;jTD NATT'�T� COP,aPATTY, a, corpor. sa,tion, i 9 I By _ 're idenr 1.0 11 By �ecrs; ary 12 I STATE Q Ca?LIFC.?RNIA. 1.3 j so COT31,711117 OF LOS ^.ITGEL Et4 14 13 On th.10 rl Y of 1.94 , lfi �?�}fore r,:ic ``� Jy'� �' ',v+nary Public In _- 1_ ' 17 and for said' County R;$�� Sr, te, rf�;�'�ding to-.eve in, d)a1.y com— 18 miss-ioned and sivorn, personally apr)en,red 1 I=no,,un to me to the President, rnd '` _�✓ "lam._.�� _ .. _ i 20 f.? .f"1 to me to bi'. the S.., r F. .+s,ry of , (_, Ion - escri ed In 21 and that execute�I the within 1_nstrumen,t , and known to ,iie to be 22 the ners,)ns who execute?. the within instrument on behalf oil 23 the corporet.ion therein named, and acknolwl.edged to me that 24 such cor-poration executed the sameo 25 IN WITNTS.S VVHETIEOF I have hereunto set my hand and 26 affixed my official. seal the d.a.y and year in this certificate 27 first above written. 29 7 -�_ _ Notary I'ubli_c�:�f� L nd.. for sai0�_.,___ 30 Count rid St er' �teo 31 32 2 1 2 3 RESOLUTION NO. 5 A RESOLUTION OF Mr. C2Tr COUNCIL 6 OF TM CITY OF RUNTING ON BEACH, CALIFORNIA, ACCEPTIVIG DEED, T4 7 CERTAIN PMP7r.qTYG 8 9 s City Council of the City of Huntington Beach,, California,10 do resolve as follows". 11 That C. 11. Purr, City Clerk of the City of 12 iuntir�4ton Beach, California, is hereby au' thorized 13 to conaent and accept that certain Deed from the 14 Ville Land. and Water Company, a corporation,, covor 15 Ing the hereinafter described pro rty for and on 16 j behalf of the City of Huntington Beach, and to cruse 17 I the same to be recorded In the Office -of the County 18 Recorder of the County of Orange, State of California: Said property Is described as follows, 19 20 All that certain real Property situate in the County of tree, Mate of Califm► 21 ornia, described as follows, to-wit: 22 Beginning at a point in the Northeasterly 23 Line of the right of way of the Southern Pacific Railroad Company as granted by 24 deed recorded December 2flth, 1805 In Book 123, page 96 of Deeds, which point is 25 24 chains Routh of the Borth ling of 26 Section 14, To=ehl..p .6 South, Rmi ae 21 est, B. B. B. & i . ; thence Salt- long a line vhich If extended would in erseet 27 the East line of said Section 14 at- a 28 point 20 chains South of the Xorthsast 29 1 1 2 3 corner thereof, a distance of 1WO.39 4 feet more or lees to a pint can said line, which point is 618.14 feet West 5 of the East line of said Sectionv said point 'being the true point of beginning 6 of the property herein described; thence continuing East along said line 518.14 7 feet to the East line of said Section 14; thence South along the Est line of said 8section 14 to a point in the Northeasterly line of said right of way of the :southern s Pacific ftilroad Comfy; thence North- westerly along said right of way to 10 point In aline running South from the true point of beginning, which line is 11 parallel with the East lane of said Section 14; thence North along said. 12parallel line to the true point of be- ginning. 13 Excepting 'therefrom the portions 14 Included in the land conveyed to the City of Huntington Beech by deeds 15 recorded September 99th, 19149 in Book 259, page 213 of Deeds, Vogember 16 95th, 1914, in Book 961, page 41 of Deeds and February 15th, 19311, in 17 Book 455: Rage 400 of Official Records. 18 Subject to easements of record over thy; East 50 feet included In Hampshire 19 Avenue.. 20 21 PASSM AND ADOPTED at a regular 22 meeting of the City Council of the City of Huntington 23 Beach, California,nia, held on the day of 1944. 1 24 25 . AL 26 ETRT ATTEST: 27 28 C. R. VURR 29 City Clerk 2 1 2 3 4 STM OF CALIFORNIA � County of Ore as 5 City of Huntington Beach 6 1, Ca R. FURR, the duly elected, qualified 7 and acting City Clerk of the City of Huntington Beach, 8 California, and ex-officio Clerk of the City Council 9 of said City, do hereby certify that the whole number 10 of members of the City Council of the City of 11 Huntington Besoh st five, that the foregoing Resolution 12 was passed and adopted by the affirmative vote of 13 a majority of the members of said City Council. at 14 a regular meeting of the City 15 Council held, on the d-sy of 16 19441 by the following vote: 17 18 Councilmew AA r 19 'd 20 21 WOES: Councilmen: S,��j��� 22Oro �w.:..,. o fL���•j �~ C 1 23 24 � Te Counellmew 25 26 ok � 27 C f le k of the City of 28 Ci Huntington. Beaoh,, California. 29 CONSENT AND ACCEPTANCE To DEED I, C e R. FURR, the duly elected and qualified City Clerk of the City of Huntington Beach, California, pursuant to Resolution No. 946 of the City of Hunting ton Beach, entitled "A Resolution of the City Council of the City of Huntington Beach, California, accepting deed to certain property, " do hereby consent- and accept that certain deed from the Mills Land and Water Company, a corporation, which is attached hereto covering the following described property: All that certain real property situate in the County of Orange, State of Calif- ornia, 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 14, Township 6 South, Range 11 West , S. B. B. & Zvi. ; thence East along a line which if extended would intersect the East line of said Section 14 at a. point 20 chains South of the northeast corner thereof, a distance of 1808.39 feet more or less to a point on said line, which point is 618.14 feet West of the East line of said Section, said point being, the true point of beginning of the property herein described; thence continuing East along said line 618.14 feet to the East line of said Section 14; thence South along the East line of said Section 14 to .a point in the Northeasterly 1 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, which line is para11el with the East line of s,.id Section 14; thence North along said parallel line to the true point of be- ginning. Excepting therefrom the portions included in the land. conveyed to the City of Huntington Beach by deeds recorded September 29--uh, 1914, in Book 259, page 213 of Deeds, November. 25th, 1914, in Book 261, page 41 of Deeds and February 16th, 1931, in Book 455, page 400 of Official Records. Subject to easements of record over the East 50 feet included in Hampshire Avenue. IN Sivl i�?ESS �r"r:�REOF, I have hereto set my hand and the seal of the City of Huntington Beach, California, this day of August, 1944. City Clerk o the Cite of Huntington Beach, California.. 2 f a k 4, V r q f e . RECRCEa AT:-M UEST 9F 1.� '944 IN BOOK._ __1��0 �A;rd __- SAD oFFJj5j c t�EC0 6 b ORANGE COUNTY, CALF - FEES COUNTY RECORDER I .7.3 -yQ ✓ G CCi PARER: VA WHITTAKF-f FORM 1084—A 5M 10 "I_IFORNIA LAND TITLE ASSOCIATION STANDARD JOINT "TECTION FORM California Land Title .Association Standard Fw-w I:np griKhl 1938 - Q GEO.A.PARKER, PRESIDENT R.V.SHAFER,VICE-PRESIDENT L.R. KENNEDY,VICE PRESIDENT C.W. BAXTER,SECRETARY JOHN LUTZ.JR.,ASSISTANT SECRETARY G. E.WELSH, ASSISTANT SECRETARY M.M.GALDRETH, ASSISTANT SECRETARY MAIN STREET AT FIFTH - Poliey No. 181462 34?-? ®range Countp Title (Compaup a corporatium, of Santa Ana. California, herein called the Company, for a Valuable consideration,paid for this Policy of Title Insurance, Bug lerebp Insure al= QF HUNTINGT0 BEACH. together with each successor in ownership of any indebtedness -;ec•ured 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 Ten 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 in Schedule B; or bV 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; Lill subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipula lions are hereby made a part of this r)olicv. +ln Witne.s.s Nberenf,Orang, County Title Conilianv has caused its corporate name and sea] to be hereunto affixed by its duly authorizes officers, this 2t "ay of u S , 1944 T (?RANGE. COUNTY TITI.F—f—COMPANy. n By ,b President _T Secretary This Policy consists of SJ.X pages which are numbered at the end Of each page. PAGE 1 F 1084-B 4M 9-25.43 California Land Title Association Standard Joint Protection Form 7-11��• orm - an 181462 SCHEDULE A 1. The title to said land is, at the date hereof, vested in CITY OF HUNTINGTON 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 Nest, S. B. B. & III. ; 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 Northeast corner thereof, a distance of 1808. 39 feet, more or less, to a point on said line, which point is 618.14 feet 'lest of the East line of said Section, said point being the true point of beginning of the property herein described; thence continuing East along said line 618.14 feet to the East line of said Section Fourteen (14) ; thence South along the East line of said Section Fourteen (14) to a point in the Northeasterly line of said right of way of the Southern Pacific Railroad Company; thence Northwesterly along PAGE 2 181462 said right of way to a point in a line running South from the true point of beginning, which line is :parallel with the East line of said Section Fourteen (14) ; thence North along said parallel line to the true point of beginning. Excepting therefrom the portions included in the land conveyed to the City of Huntington Beach by deeds recorded September 29th, 1914 in Book 259, rage 213 of Deeds, November 25th, 1914 in Book 261, rage 41 of Deeds and February 16th, 1931 in Book 455, page 400 of Official Records. 3 Form 1084-C 4M 9-25.43 California Land Title Association Standard Joint Protection Form 181462 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: ],, Taxes for fiscal year 1944-1945, not yet payable . The Easement for roads, aqueducts, ditches, pipe lines or other conduits of water over a strip of land 20 feet wide along, adjoining and each side of the Section and quarter Section lines. L The, Easement for street purposes over that portion of said land included in Hampshire Street 60 feet wide on the East . 4. ze Easement for road purposes over a portion of said land as conveyed to the City of Huntington Beach by deed recorded September 29th, 1914 in Book 259, page 213 of Deeds. ,5. Zhe Right of y�y and incidents thereto for State Highway over a strip of land 20 feet wide, being adjacent to and contiguous with the PAGE 4 181462 West line of Hampshire Avenue 60 feet wide as conveyed to the State of California by deed recorded June 3rd, 1936 in Book 825, page 475 of Official Records. 5 181462 Form 184- 1.18-43 California Land Title Association Standard J ection Form 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; (E) 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 eithe&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 Company has the right and issuance of this policy. Any rights defenses the Com- INSURED OWNER option, in case any loss is claimed pany against a named insured shall equally available ble against any person or corporation who shallll 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 mortgagor or trustor under said mortgage or deed of trust, against the insured founded upon a defect, lien, encumbrance, together with all costs which the Company is obligated here- or other matter insured against by this policy,and may pursue litigation to final determination in the court of last resort. under of pay, which case the Company shall become the such liti g 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 payment shall terminate all or interest adverse to the title as insured,or which might cause 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 PAYMENT OF 9. The Company will pay, in addition to notice in regard to the subject of such action, proceeding, or. 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 WRITTEN 9. No provision or condition of this any time,and payment or tender of payment of the full amount INDORSEMENT . N can provision waived or changed f t t of this policy, together with all accrued costs which the Com- p g p 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. TN:NMW 6 e i �1 h 0 � o Deed 9 � o. ,' .. .. i - { I *qt MM �Ov�i r� E ycos,e.cLTO�� U T 'rI I'� �; y_ EL II �' Jar- f 1 , p I OFFICERS R A/ V G E %^l B m-ry GEO.A. PARKER, PRESIDENT J R. V. AXTER.SHAPER, VICE-PRESIDENT UNDER DIRECT SUPERVISION OF - . T' C I®E ��/-4 PA A 1' L.R. E VICE-PRESIDENT C.W.BAX SECRETARY � STATE INSURANCE COMMISSIONER G. E.WELSH, TITLE OFFICER JOHN LUTZ.JR.. ASSISTANT SECRETARY - GUARANTEE FUND REQUIRED BY LAW CORNER OF 5T_" & MAIN STREETS M. M. GALBRETH,ASSISTANT SECRETARY DEPOSITED WITH THE TREASURER OF THE A Iv T A A NA STATE OF CALIFORNIA C A I_ I F v R N I A