HomeMy WebLinkAbout1962-02-16 - Indenture COUNTY OF ORANGE - MOZLEY TC SALE 907 (3) Boos N19 Pry` i
J J7088 THIS INDENTURE made the 16th day of February, 1962, between
DON S . MOZLEY, Tax Collector of the County 'of' Orange, State of Calif-
ornia, first party, and the City of Huntington Beach, second party,
W I T N E S S E T H8
THAT WHEREAS, the real property hereinafter described was
duly sold and conveyed to the State of California for 'the non-payment
of taxes which had been legally levied and which were a lien upon
said property; and
WHEREAS, in conformity with the provisions of Division 1,
Part 6, Chapter 8, Article 2 of the Revenue and Taxation Code of th4
State of California, by agreement therein authorized, first party
agreed to sell to second party and second party agreed to purchase
from first party the land hereinafter described; and
WHEREAS, no taxing agency objected to the sales
NOW, THEREFORE, the said first party in consideration of the
premises and in accordance with the law in such case made and provided,
does hereby grant to the second party, for the sum of Five Dollars
($5.00) that certain real property hereinbefore referred to, and
situate in the City of Huntington Beach, County of Orange,, State of
California, more particularly described as follows, to wit
Lot 41 in Block B of Tract No. 392, as per map
T. i �e�o�T thereof recorded in Book 16, Page 5 of Miscella-
neous Maps, records of Orange County, California
Except that portion that lies southerly of a
line parallel with and northerly 115.00 feet
from the northerly line of Huntington Place,
as shown on the map of said tract.
IN WITNESS WHEREOF, said first party has hereunto set his
hand the day and year first above written.
Tax Collector of t oun
of Orange, State of Cali ornia
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
On this l6b day of February, 1962, before me, L. B. Wallace,
County Clerk of the County of Orange, and ex-officio Clerk of the cv
0
0
Superior Court of the State of California. in and for the County of
0
Orange, personally appeared DON S . MOZLEY, known to me to be the M+
Tax Collector of said County of Orange, whose name is subscribed to the j7
71
annexed instrument and acknowledged to me that he executed the same
as such Tax Collector.
IN WITNESS WHEREOF, I have hereunto set my hand as County
Clerk of said County and ex-officio Clerk of said Superior Court, and
affixed the seal of said Court, at my office in the County of Orange,
the day and year in this certificate first above written.
< W
f
` ;ouny ti ;l R VP� " Said County and
' +offcio of the said
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p,eri or C o
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por AP 107-053-27
Code 4-07
T.C.Sale #907
RECORDED AT REQUEST OF
Gii(OF HUM r+ „3.BEACH
IN OFFICIAL RECvr<LS ._n-
ORANGE COUNTY, CALIr,
9:05 AM FEB 26 1962
RUBY MCFARLAND,County Recorder
FREE
This is to certify that the interest in real property conveyed
by the deed dated February 16, 1962, from lion S. Mozley, Tax Collector of
the County of Orange, State of California, and the City of Huntington
Beach, a municipal corporation, is hereby accepted by order of the City
Council of, �" ty�Of 'Huntington Beach on February 19, 1962, and the
Grantee dbnii�ents to r6cordation thereof by its duly authorized officer.
G y'
Dt6d Fel2rury 21, 1962 CITY OF HUNTINGTON BEACH
t Paul C. Jones ity Clerk
y t
LAND ACQUISITION SERVICE, INC.
610 SOUTH BROADWAY, SANTA ANA , CALIFORNIA
A P P R A I S I N G
A N D
N E G 0 T I A T 1 0 N 1218 SIXTH STREET, SANTA MONICA, CALIF. - EXbrook 3-5018
June 27, 1962 .
Re: L&S-310,
Parcel No. B-419
PROPOSED PARS SITE,
Blocks A and B.
.Tract No. 392 .
City of Huntington Beach,
City Hall, Civic Center,
Huntington Beach, California.
Attention: Mr. Doyle Miller,
City Administrator.
Gentlemen:
We are forwarding herewith, for your records, original
and one copy of Policy of Title Insurance No. 220182,
dated dune 7, 1962, issued by Security Title Insurance
Company, covering property acquired by the City of
Huntington Beach for the above-named project.
This property was acquired by tax deed recorded February
26, 1962, in book 6019, page 771, Official Regards.
Very truly yours,
I,M ACQUISITION SERVICE, INC. ,
ate-
Edward W. Pape.
EVP:lyd
Enclosures.
P-218 (G.S.) Rev. 1-61
SECURITY TITLE INSURANCE COMPANY
a California corporation, herein called the Company,
Insures the parties named as insured in Schedule A, the heirs, devisees, personal representatives of such insured,
or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount
stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay
as provided in the Conditions and Stipulations hereof, which the insured shall sustain by reason of the matters numbered
I to 4 in Part Three of Schedule B of this policy.
CLTA-1961 SCHEDULE A STANDARD COVERAGE
" Insured:
CITY OF HUN.I'INGTON BEACH
Policy No: 220182 Consideration paid for this policy: $
Effective date: Tune 7, 1962, at : o'clock .M. Amount of liability: $ s
000-00
The estate or interest in the land described or referred to in this schedule covered by this policy is:
a fee
Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF HUNTINGTON BEACH.
The land referred to in this policy is in the State of California, County of Orange
and is described as follows:
All that certain real property situated in the City of Huntington
Beach, described as follows:
Lot 41 in Block B of Tract No. 392, as shown on a map thereof recorded
in book 16, page 5. Miscellaneous', Maps, records of said Orange
County;
EXCEPTING THEREFROM any portion thereof lying Southerly of a line
which is parallel with and distant Northerly 115.00 feet from the
Northerly line of Huntington Place, as shown on the map of said
tract.
NOTE: Said land is described on the County Tax Assessment Roll for
the fiscal year 1961-62 as A. P. No. 107-054-25.
P-218-B (G.S.) (Rev. 1-61) • •
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in Parts One and Two of Schedule B.
PART ONE:
1. Taxes for the fiscal year 1962-63, a lien, not yet payable.
2. The use and control of cienegas and natural streams of water,
if any, naturally upon, ' flowing across, into or by said tract,
and the rights of way for and to construct irrigation or drainage
ditches through said tract to irrigate or drain the adjacent land,
as reserved in deeds of record.
3. Covenants, conditions and restrictions contained in the deed
from John A. Murdy, Jr., et ux., recorded January 9, 1962, in
book 5969, page 710, Official Records.
II
P-218-BB (G.S.) (Rev. 1-61) .
SCHEDULE B (Continued)
PART TWO:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by
an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easements or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water
rights, claims or title to water.
PART THREE: Matters numbered 1 to 4 referred to on the first page of this Policy:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or
referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is
named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon
the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule
B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the
order of its priority;
all subject, however, to the Conditions and Stipulations hereto annexed which Conditions and Stipulations together with Sched-
ules A and B are hereby made a part of this policy.
In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as of the date
set forth in Schedule A, the effective date of this policy.
44*
R
XI—
Secretary
OCR, � AS President
flit
n Autho ed Si a r
TRACT No, 392
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16
YI✓//Y TC QS B CJ/P6
26 SECURITY TITLE INSURANCE COMPANY
THIS PLAT IS INSERTED AS A MATTER OF INFORMATION ONLY, AND WHILE THE SAME IS COMPILED
FROM INFORMATION WHICH WE BELIEVE TO BE CORRECT, NO LIABILITY IS ASSUMED BY THIS
COMPANY AS TO THE CORRECTNESS OF SAID INFORMATION
P-218-ST (G.S.) (Rev. 1-61)
1. Definition of Terms to the Company within ten days of the receipt of (e) When liability has been definitely fixed in
The following terms when used in this policy mean: process or pleadings or if the Insured shall not, in accordance with the conditions of this policy the
(a) "land": the land described, specifically or writing, promptly notify the Company of any defect, loss or damage shall be payable within thirty days
by reference, 'in Schedule A and improvements lien or encumbrance insured against which shall thereafter.
affixed thereto which by law constitute real property; come to the knowledge of the Insured, or if the 8. Liability Noncumulative
(b) •"public records": those records which im- Insured shall not, in writing, promptly notify the It is expressly understood that the amount of this
part constructive notice of matters relating to said Company of any such rejection by reason of claimed policy is reduced by any amount the Company may
and; unmarketability of title, then all liability of the pay under any policy insuring the validity or pri-
(c) "knowledge": actual knowledge, not con- Company in regard to the subject matter of such ority of any mortgage shown or referred to in
structive knowledge or notice which may be imputed action, proceeding or matter shall cease and ter- Schedule B hereof or any mortgage hereafter ex-
to the Insured by reason of any public records; minate; provided, however, that failure to notify ecuted by the Insured which is a charge or lien on
(d) "date": the effective date; shall in no case prejudice the claim of any Insured the estate or interest described or referred to in
(e) "mortgage": mortgage, deed of trust, trust unless the Company shall be actually prejudiced Schedule A. The provisions of this paragraph num-
deed, or other security instrument; and by such failure and then only to the extent of such bered 8 shall not apply to an Insured owner of an
W "insured the party or parties herein desig- prejudice. indebtedness secured by a mortgage shown in
nated as Insured, and if the owner of the indebt- (c) The Company shall have the right at its own Schedule B unless such Insured acquires title to
edness secured by a mortgage shown in Schedule cost to institute and prosecute any action or pro- said estate or interest in satisfaction of said indebt-
B is named as an Insured in Schedule A, the In- ceeding or do any other act which in its opinion edness or any part thereof.
sured shall include (1) each successor in interest in may be necessary or desirable to establish the title 9. Coinsurance and Apportionment
ownership of such indebtedness, (2) any such owner of the estate or interest or the lien of the mortgage (a) In the event that a partial loss occurs after
who acquires the estate or interest referred to in as insured; and the Company may take any appro- an alteration or improvement subsequent to the
this policy by foreclosure, trustee's sale, or other priate action under the terms of this policy whether date of this policy, and only in that event, the In-
legal manner in satisfaction of said indebtedness, or not it shall be liable thereunder and shall not sured becomes a coinsurer to the extent hereinafter
and (3) any federal agency or instrumentality which thereby concede liability or waive any provision set forth.
is an insurer or guarantor under an insurance con- of this policy. If the cost of the alteration or improvement ex-
tract or guaranty insuring or guaranteeing said in- (d) In all cases where this policy permits or ceeds twenty per centum of the amount of this pol-
debtedness, or any part thereof, whether named as requires the Company to prosecute or provide for icy, such proportion only of any partial loss estab-
an Insured herein or not. the defense of any action or proceeding, the Insured lished shall be borne by the Company as one hun-
2. Benefits after Acquisition of Title shall secure to it the right to so prosecute or pro- dred twenty per centum of the amount of this policy
If an insured owner of the indebtedness secured vide defense in such action or proceeding, and all bears to the sum of the amount of this policy and
by a mortgage described in Schedule B acquires appeals therein, and permit it to use, at its option, the amount expended for the alteration or improve-
said estate or interest, or any part thereof, by fore- the name of the Insured for such purpose. When- ment. The foregoing provisions shall not apply to
closure, trustee's sale, or other legal manner in sat- ever requested by the Company the Insured shall costs and attorneys' fees incurred by the Company
isfaction of said indebtedness, or any part thereof, give the Company all assistance in any such action in prosecuting or providing for the defense of ac-
or if a federal agency or instrumentality acquires or proceeding, in effecting settlement, securing tions or proceedings in behalf of the Insured pur-
said estate or interest, or any part thereof, as a evidence, obtaining witnesses, or prosecuting or suant to the terms of this policy or to costs imposed
consequence of an insurance contract or guaranty defending such action or proceeding, and the Com- on the Insured in such actions or proceedings, and
insuring or guaranteeing the indebtedness secured pany shall reimburse the Insured for any expense shall not apply to losses which do not exceed, in
by a mortgage covered by this policy, or any part so incurred. the aggregate, an amount equal to one per centum
thereof, this policy shall continue in force in favor S. Notice of Loss-Limitation of Action of the face amount of this policy.
of such Insured, agency or instrumentality, subject In addition to the notices required under para- Provided, however, that the foregoing coinsurance
to all of the conditions and stipulations hereof. graph 4(b), a statement in writing of any loss or provisions shall not apply to any loss if, at the time
3. Exclusions from the Coverage of this Policy damage for which it is claimed the Company is of the occurrence of such loss, the then value of the
This policy does not insure against loss or damage liable under this policy shall be furnished to the premises, as so improved, does not exceed the
by reason of the following: Company within sixty days after such loss or dam- amount of this policy, and provided further that the
(a) Any law, ordinance or governmental regu- age shall have been determined and no right of foregoing coinsurance provisions shall not apply
lation (including but not limited to building and action shall accrue to the Insured under this policy to an insured owner of an indebtedness secured by
zoning ordinances) restricting or regulating or pro- until thirty days after such statement shall have a mortgage shown in Schedule B prior to acquisition
hibiting the occupancy, use or enjoyment of the been furnished, and no recovery shall be had by of title to said estate or interest in satisfaction of
land, or regulating the character, dimensions, or the Insured under this policy unless action shall said indebtedness or any part thereof.
location of any improvement now or hereafter be commenced thereon within five years after ex- (b) If the land described or referred to in Sched-
erected on said land, or prohibiting a separation in •piration of said thirty day period. Failure to furnish ule A is divisible into separate and noncontiguous
ownership or a reduction in the dimensions or area such statement of loss or damage, or to commence parcels, or if contiguous and such parcels are not
of any lot or parcel of land. such action within the time hereinbefore specified, used as one single site, and a loss is established
(b) Governmental rights of police power or emi- shall be a conclusive liar against maintenance by affecting one or more of said parcels but not all,
nent domain unless notice of judicial action to ex- the Insured of any action under this policy. the loss shall be computed and settled on a pro rata
ercise such rights appears in the public records at 6. Option to Pay. Settle or Compromise Claims basis as if the face amount of the policy was di-
the date hereof. The Company shall have the option to pay or vided pro rata as to the value on the date of this
(c) Title to any property beyond the lines of the settle or compromise for or in the name of the In- policy of each separate independent parcel to the
land expressly described in Schedule A, or title to sured any claim insured against or to pay the full whole, exclusive of any improvements made sub-
streets, roads, avenues, lanes, ways or waterways amount of this policy, or, in case loss is claimed Sequent to the date of this policy, unless a liability
on which such land abuts, or the right to maintain under this policy by the owner of the indebtedness or value has otherwise been agreed upon as to
therein vaults, tunnels, ramps or any other struc- secured by a mortgage covered by this policy, the each such parcel by the Company and the Insured
ture or improvement; or any rights or easements Company shall have the option to purchase said at the time of the issuance of this policy and shown
therein unless this policy specifically provides that indebtedness; such purchase, payment or tender of by an express statement herein or by an endorse-
such property, rights or easements are insured, payment of the full amount of this policy, together ment attached hereto.
except that if the land abuts upon one or more with all costs, attorneys' fees and expenses which 10. Subrogation upon Payment or Settlement
physically open streets or highways this policy in- the Company is obligated hereunder to pay, shall Whenever the Company shall have settled a claim
sures the ordinary rights of abutting owners for terminate all liability of the Company hereunder. In under this policy, all right of subrogation shall vest
access to one of such streets or highways, unless the event, after notice of claim has been given to in the Company unaffected by any act of the In-
otherwise excepted or excluded herein. the Company by the Insured, the Company offers to sured, and it shall be subrogated to and be en-
(d) Defects, liens, encumbrances, adverse claims purchase said indebtedness, the owner of such in- titled to all rights and remedies which the Insured
against the title as insured or other matters (1) debtedness shall transfer and assign said indebted- would have had against any person or property in
created, suffered, assumed or agreed to by the In- ness and the mortgage securing the same to the respect to such claim had this policy not been
ured; or (2) known to the Insured either at the date Company upon payment of the purchase price. issued. If the payment does not cover the loss of the
of this policy or at the date such Insured acquired 7. Payment of Loss Insured, the Company shall be subrogated to such
an estate or interest insured by this policy and not (a) The Iiability of the Company under this pol- rights and remedies in the proportion which said
shown by the public records, unless disclosure icy shall in no case exceed, in all, the actual loss payment bears to the amount of said loss, If loss
thereof in writing by the Insured shall have been of the Insured and costs and attorneys' fees which should result from any act of the Insured, such act
made to the Company prior to the date of this pol- the Company may be obligated hereunder to pay. shall not void this policy, but the Company, in that
icy; or (3) resulting in no loss to the Insured; or (b) The Company will pay, in addition to any event, shall be required to pay only that part of
(4) attaching or created subsequent to the date loss insured against by this policy, all costs imposed any losses insured against hereunder which shall
hereof. upon the Insured in litigation carried on by the exceed the amount, if any, lost to the Company by
(e) Loss or damage which would not have been Company for the Insured, and all costs and attor- reason of the impairment of the right of subrogation.
sustained if the Insured were a purchaser or encum- neys' fees in litigation carried on by the Insured The Insured, if requested by the Company, shall
brancer for value without knowledge. with the written authorization of the Company. transfer to the Company all rights and remedies
4. Defense and Prosecution of Actions - Notice of (c) No claim for damages shall arise or be against any person or property necessary in order
Claim to be Given by the Insured maintainable under this policy (1) if the Company, to perfect such right of subrogation, and shall per-
(a) The Company, at its own cost and without after having received notice of an alleged defect, mit the Company to use the name of the Insured in
undue delay shall provide (1) for the defense of the lien or encumbrance not excepted or excluded here- any transaction or litigation involving such rights
Insured in all litigation consisting of actions or in removes such defect, lien or encumbrance within or remedies.
proceedings commenced against the Insured, or de- a reasonable time after receipt of such notice, or If the Insured is the owner of the indebtedness
fenses, restraining orders, or injunctions interposed (2) for liability voluntarily assumed by the Insured secured by a mortgage covered by this policy, such
against a foreclosure or sale of the indebtedness se- in settling any claim or suit without written consent Insured may release or substitute the personal
cured by a mortgage covered by this policy or a of the Company, or (3) in the event the title is re- liability of any debtor or guarantor, or extend or
sale of the estate or interest in said land; or(2) for jected as unmarketable because of a defect, lien otherwise modify the terms of payment, or release
such action as may be appropriate to establish the or encumbrance not excepted or excluded in this a portion of the estate or interest from the lien of
title of the estate or interest or the lien of the mort- policy, until there has been a final determination the mortgage, or release any collateral security for
gage as insured, which litigation or action in any of by a court of competent jurisdiction sustaining such the indebtedness, provided such act does not result
such events is founded upon an alleged defect, lien rejection. in any loss of priority of the lien of the mortgage.
or encumbrance insured against b this olio and d) All payments under this policy, except pay- 11. Polio Entire Contract
9 p policy, ( P Y P Y P P Y Y
may pursue any litigation to final determination in ments made for costs, attorneys' fees and expenses, Any action or actions or rights of action that the
the court of last resort. shall reduce the amount of the insurance pro tanto Insured may have or may bring against the Com-
(b) In case any such action or proceeding shall and no payment shall be made without producing pany arising out of the status of the lien of the
be begun, or defense interposed, or in case knowl- this policy for endorsement of such payment unless mortgage covered by this policy or the title of the
edge shall come to the Insured of any claim of title the policy be lost or destroyed, in which case proof estate or interest insured herein must be based on
or interest which is adverse to the title of the estate of such loss or destruction shall be furnished to the the provisions of this policy.
or interest or lien of the mortgage as insured, or satisfaction of the Company; provided, however, if No provision or condition of this policy can be
which might cause loss or damage for which the the owner of an indebtedness secured by a mort- waived or changed except by writing endorsed
Company shall or may be liable by virtue of this gage shown in Schedule B is an Insured herein then hereon or attached hereto signed by the President,
policy, or if the Insured shall in good faith contract such payments shall not reduce pro tanto the a Vice President, the Secretary, an Assistant
to sell the indebtedness secured by a mortgage amount of the insurance afforded hereunder as to Secretary or other validating officer of the Company.
covered by this policy, or, if an Insured in good such Insured, except to the extent that such pay- 12. Notices, Where Sent
faith leases or contracts to sell, lease or mortgage ments reduce the amount of the indebtedness se- All notices required to be given the Company
the same, or if the successful bidder at a fore- cured by such mortgage. Payment in full by any and any statement in writing required to be furn-
closure sale under a mortgage covered by this person or voluntary satisfaction or release by the ished the Company shall be addressed to it at the
policy refuses to purchase and in any such event Insured of a mortgage covered by this policy shall office which issued this policy.
the title to said estate or interest is rejected as un- terminate all liability of the Company to the insured 13. THE FEE SPECIFIED ON THE FACE OF THIS
marketable, the Insured shall notify the Company owner of the indebtedness secured by such mort- POLICY IS THE TOTAL FEE FOR TITLE SEARCH
thereof in writing. If such notice shall not be given gage, except as provided in paragraph 2 hereof. AND EXAMINATION AND FOR TITLE INSURANCE.
CONDITIONS AND STIPULATIONS (Includes those in the American Title Association - Owner's Policy - Standard Form B-1960)