HomeMy WebLinkAbout1965-05-04 - Condemnation Dorothy Thayer Flynn BOOK 75 1 PAGE 86
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JAMES D. PLUNKCTT
1 and GEORGE SHIBATA
412 Olive Avenue
2 (� RECORDED AT REQUEST OF MAY
{ j[r
P.O.Box 269, MY bR HUNTINGTON BEA >, MA 1 4"' A+ 5
Huntington Beach, Calif. IN OFFICIAL RECORDS OF
3 536-3030 ®® 536-8078 ORANGE COUNTY, CALIF.
J
4 9:05 AM MAY fi 1965
5 Attorneys for Plaintiff J. WYLIE CARLYLE, County Recorder
61
FREE
7
8 SUPL-.RIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE rR')
10
11 CITY OF' HUNTINGTON BEACH,
a municipal corporation, )
12 )
Plaintiff, j No. 126,007
13 vs. )
14 DOROTHY THAYLki FLYNN(Formerly known ) FINAL OADEH OF CUNDFEMNA.
as Dorothy Thayer Peek) individually ) TIJN WITH DIRECTIUNS TO
15 and as trustee under the will of ) PAY DEPOSIT TO DEFENDANT
Aldrich h. Peck, deceased; DOROTHY )
16 THAYER FLYNN (formerly known as )
Dorothy Thayer Peck) and BANK OF AMER-)
17 ICA NATI,,NAL THU'ST ANL) SAVINGS A >SOC_ )
IATION as co-trustees of the Trust es-)
18 teblished by the Declaration of Trust )
dated December 18, 1936, executed by )
i9 Carrie k. Deck, as Trustor, COUNTY OF
ORANGE,
20 Defendants. )
21
22 WHEREAS, 19659 this court made and granted
23 an Intkrlocutory Decree of CondemnatLon Order adjudging that plain-
24 tiff is entitled to a judgment and decree in condemns tion, as prayed
25 for in its co-)plaint a6ainst the defendants, DOROTHY THAYER FLYNN
26 (formerly known as Dorothy Thayer Peck) individually and as trustee
27 under the will of Aldrich d. Peck, deceased; DOROTHY THAYER FLYNN
28 (formerly known as Dorothy Thayer Peek) and BANK OF AM RICA NATIONAL
29 TFU:.T kND SE,VINGS &3.(JCIi_TIGN as co-trustees of the Trust established �
30 by the Declaration of Trust dated December .8, 1936, executed by
31 Carrie A. Peck, as Trustor; as to the real troperty described in
32 plaintiff's complaint herein, hereinafter more particularly described
1.
BOOK75 U I pAGE 87
1 on payment to said defendants or the deposit in court for the use
2 and benefit of said defendants of the sum of 115,240.00; and
3
WHEREAS, in accordance with said judgment, plaintiff has do-
4 posited with this court the sum of $115,240. 00 for said defendants;
5 NOW THEREFORE, in consideration of the law and the premises
6 it is by the court ORDERED, ADJUDGED AND DECREED that all right,'
7 title, interest, claim and lien of any kind and description of said
8 defendants, in, to, or against 6he hereinafter described 1roperty and
9 all improvements thereon pertaining to the realty be, and the some .
10 is hereby cozademned and appropriated for the public use of plaintiff
11 as specified in said Judgment and interlocutory decree and the title
12 hereto is hereby vested in fee simple in the CITY OF HUNTINGTON BEACH
13 a municipal corporation in the County of Orange, State of California,
plaintiff above-named, free and clear of all claims, right, title,
14
Interest or liens in, to, on or against said property which said
15
defendant, DuRO HY THAYER FLYNN (formerly known as Dorothy Thayer
16
Peck) individually and as trustee under the will Of Aldrich R. Peak,
17
deceased; DUROTHY THAYER FLYNN (formerly known as Dorothy Thayer Peck)
18
and BANK OF AML: RICH NAM NAL TRU3T AND SAVINGS ASSOCIATION as co®
19
trustees of the Trust established by the Declaration of Trust dated,
20
21 December 18, 1936, executed by Carrie A. Peek, as Trustor, may have
22 thereto or therein*
23
24 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the sum of
25 $115, 24o. 00 so deposited with this Court, as afores&id,be paid forth®
26 with to said defendants, DOROTHY THAYER FLYNN (formerly known as
27 Dorothy Thayer Peck) individually and as trustee under the will of
28 Aldrich R. Peck, deceased; DOROTHY THAYER FLYNN (formerly Dorothy
29 Thayer Peck) and BANK OF AM?,RICA NATIONAL TRUST AND SAVINGS ASSOCIA®
30 TIUN as co-trustees of the Trust established by the Declaration of
31 Trust dated December 18, 1936, executed by Carrie A. Peck, as Trustor.
32
2.
I BOOK 75 O I PAGE 8
1 The real property referred to by this deereeg and the title
2 to which is hereby vested in plaintiff herein9 is more particularly
3
described as follows9 to-wits
-
4
The North 396,00 feet of the South 526.00 feet of the
5 Sou-thwest one-quarter (SWI) of the Southwest one-quar-
ter (SW¢) of the Southeast one-quarter (SE.) of See®
a tion 169 Township 5 South, Range 11 Wpst9 in the
Rancho Lee BolasChics9 City of Huntington Beach9County
7 of Orange, State of California, as shown on a map re-
corded in nook 510 page 13 of Miscellaneous Mapsfl
8 Records of Orange County, California..
9 Excepting therefrom, the westerly 110.00 feet*
10
11
DOLL IN (WEN COURT /` 11 9 1965-
12
13 r-----
14 Jug o the Superior Court
15
THIS 1y4S`FRU,S,E}VT f� COPY OF THE ORIGINAL ON
16 FILE`IiL4i1 CIPFICE
ATJESTr _ ` " ' =�'k=-- 19LI''
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CI';K{entlaCllii pf the
�S�pef�or Gnurt+of t re )ate +f C9116rnia inand for
18 the u i of PA
1' UX-1.t f' 'Lf 06TY
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FQrn7 No 1084 2
Amen can Land Title Association r
Owner s Policy—Standard Form B-196
and
CLTA Standard Coverage Policy Form
Copyright 1963
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $_4-6'_50_ _ __________
Amount $ 120,000.00 Policy No. OR-857759
City of Huntington
Beach- vs. Dorothy
Effective Date January 29, 1968 at 8:00 A. M. Thayer Flynn
`(Dorothy Thayer Peck)
No: 126,007
Insured -
CITY OF HUNTINGTON BEACH, a Municipal Corporation.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF HUNTINGTON BEACH, a Municipal Corporation.
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is
A Fee.
2
California Land Title Association O
Standard Coverage Policy
cy Form
Copyright 1963
Form 1084-3
SCHEDULE B oR-857759
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I 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 easement 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.
5 Unpatented minlnq claims, reservations or exceptions in patents or in Acts authorizing the issuance
thereof, water rights, claims or title to water.
Part Two-
None
j
Form No IOS6 4 oR-857759
All Policy Forms
SCHEDULE C
The land referred to In this policy Is situated In the State of California , County
of Orange, City of Huntington Beach and is described as follows:
The North 396.00 feet of the South 526.00 feet of the Southwest quarter of
the Southwest quarter of the Southeast quarter of Section 16, Township 5-
South, Range 11 West in the Rancho La Bolsa Chica, as shown on a Map re-
corded in Book 51, page 13 of Miscellaneous Maps, records of Orange County,
California.
Excepting therefrom the Westerly 110.00 feet.
HRD:GR 4
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First American Title Insurance & Trust Company
Form 1106 This Map Is a Copy of the Map Prepared by the County Assessor of the County of Orange and
Is Not to be Construed as a Part of This Title Evidence
California Land Association _ l) 4
�`'
Standard Coveragege Policy Form � +
Copyright 1963 ¢S A M E R J c ���/// ,
-
'c�n T� �.,N re fir..
3:F01401
`yVd
r
POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance & Trust Company
FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY, a California corporation, herein called the
Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of
which are shown in Schedule A, hereby 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
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 C, 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 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 Schedule
B or In the Conditions and Stipulations, said mortgage being shown in Sched-
ule B in the order of its priority,
all subject, however, to the Conditions and Stipulations hereto annexed, which
Conditions and Stipulations, together with Schedules A, B, and C are hereby made
a part of this policy
In Witness Whereof, First American Title Insurance & Trust Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers, on the date shown in SCHEDULE A
First American Title Insurance & Trust Company
BY PRESIDENT
� � yam✓ .n� € �
ATTEST SECRETARY
Standard
Lend Title Association O O
Standdard Coverage Policy Farm
Copyr,iVg 1963
Form 1084
CONDMONS AND STIPULATOONS
1. DEFINITION OF TERMS upon an alleged defect,hen or encumbrance insured (c) No claim for damages shall arse or be
The following terms when used in thts policy against by thts policy,and may pursue any litigation maintainable under this policy (1) if the Company,
mean to final determmation in the court of last resort after having received notice of an alleged defect,hen
(a) "land" the land described, specificallyy or (b) In case any such action or proceechng shall or encumbrance not excepted or excluded herein re-
by reference In Schedule C and improvements affixed be begun' or defense interposed, or in case knowl- moves such defect, lien or encumbrance within a
thereto whic�by law constitute real property, edge shall come to the Insured of any claims of title reasonable time after receipt of such notice, or (2)
(b) "public records" those records which tin- or interest which is adverse to the title of the estate for liability voluntarily assumed by the Insured in
part constructive notice of matters relating to said or interest or lien of the mortgage as insured, or settling any claim or suit without wntten consent of
land which might cause loss or damage for which the the Company,or (3)in the event the title is rejected
(c) "knowledge" actual knowledge, not con- Company shall or may be liable by virtue of this as unmarketable because of a defect,hen or encum-
ctive knowledge a notice which may imputed policy'or if the Insured shall in good faith contract brance not excepted or excluded in thts policy,until
strn
sto t the Insured b reason of any public records, to sell the indebtedness secured by a mortgage cov- there has been a final determination by a court of
ered by this policy, or if an Insured in good faith competent jurisdiction sustaining such rejection
(d) "date' the effective date, leases or contracts to sell,lease or mortgage the same, (d) All payments under thts policy,except pay-
(e "mortgage' mortgage, deed of trust,trust or if the successful bidder at a foreclosure sale under ments made for costs, attorneys' fees and expenses,
deed,or other security instruments,and a mortgage covered by this policy refuses to purchase shall reduce the amount of the insurance pro tanto
(f) `insured" the party or parties named as and in any such event the title to said estate or and no payment shall be made without producing
Insured,and if the owner of the indebtedness secured interest is rejected as unmarketable,the Insured shall this policy for endorsement of such payment unless
by a mortgage shown in Schedule B is named as an notify the Company thereof in writing If such notice the policy be lost or destroyed, in which case proof
Insured in Schedule A,the Insured shall include (1) shall not be given to the Comppany within ten days of such loss or destruction shall be furnished to the
each successor in interest in ownership of such in- of the receipt of process or leadrri
debtedness, (2) any such owner who acquires the P gs y if the Insured satisfaction of the Company, provided, however, if
estate or interest referred to in this policy by fore- shall not, a writing, promptly notify the Company the owner of an indebtedness secured by a mortgage
closure,trustee's sale,or other legal manner in satis- of any defect, hen or encumbrance insured against shown in Schedule r d ce Insured herein then such
faction of said indebtedness, and (3) any federal which shall come al the knowledge of the Insured, payments shall not reduce pro to s the amount of
agency or instrumentality which is an insurer or guar- the
if the Insured shall not,in writing,promptly notify the insurance afforded hereunder as to such Insured,
antor under an insurance contract or guaranty insur-
ing the Company of any such rejection by reason of except to the extent that such payments reduce the
or guaranteeing said indebtedness, or any part claimed unmarketability of title, then all liability of amount of the indebtedness secured by such mort-
thereof,whether named as an Insured herein or not, the Company in regard to the subject matter of such gage Payment in full by any person or voluntary
subject otherwise to the provisions hereof action, proceeding or matter shall cease and termi- satisfaction or release by the Insured of a mortgage
Hate, provided, however, that failure to notify shall covered by this policy shall terminate all liability of
in no case prejudice the claim of any Insured unless the Company to the insured owner of the indebted-
8. BENEFITS AFTER ACQUISITION OF TITLE the Company shall be actually prejudiced by such mess secured by such mortgage, except as provided
If an insured owner of the indebtedness secured by failure and then only to the extent of such prejudice in paragraph 2 hereof
(c) The Company shall have the right at its (e) When liability has been definitely fixed in
a mortgage described in Schedule B acquires said
estate or interest,or any part thereof,by foreclosure, own cost to institute and prosecute any action or accordance with the conditions of this policy the loss
trustee's sale, or other legal manner in satisfaction Proceeding or do any other act which in its opinion or damage shall be payable within thirty days there-
of said indebtedness, or any part thereof, or if a may be necessary or desirable to establish the title after
federal agency or instrumentality acquires said estate of the estate or interest or the hen of the mortgage 8 LIABILITY NONCUMULATIVE
or interest, or any part thereof, as a consequence of as insured, and the Company may take any appro-
an insurance contract or guaranty insuring or guaran- prate action under the terns of this policy whether It is expressly understood that the amount of thts
teeing the indebtedness secured by a mortgage cov- or not it shall be liable thereunder and shall not policy is reduced by any amount the Company may
ered by this policy, or any part thereof, this policy thereby concede liability or waive any provision of pay under any policy insuring the vandrty or pn-
shall continue in force in favor of such Insured, this policy onty of any mortgage shown or referred tom Sched-
agency or instrumentality,subject to all of the con- (d) In all cases where this policy permits or ule B hereof or any mortgage hereafter executed by
ditions and stipulations hereof requires the Company to prosecute or provide for the Insured which is a charge or hen on the estate
the defense of any action or proceeding,the Insured or interest described or referred to in Schedule A,
shall secure to it the right to so prosecute or provide and the amount so paid shall be deemed a payment
3. EXCLUSIONS FROM THE COVERAGE defense in such action or proceeding,and all appeals to the Insured under this policy The provisions of
OF THIS POLICY therein,and permit it to use, at its option,the name tins paragraph numbered 8 shall not apply to an
This policy does not insure against loss or damage of the Insured for such purpose Whenever requested Insured owner of an indebtedness secured by a mort-
S g by the Company the Insured shall give the Company gage shown in Schedule B unless such Insured ac-
by reason of the following all reasonable aid in any such action or proceeding, quires title to said estate or interest in satisfaction
(a) Any law,ordinance or governmental regu- in effecting settlement, securing evidence, obtaining of said indebtedness or any part thereof
lation (including but not limited to building and witnesses, or prosecuting or defending such action 9 SUBROGATION UPON PAYMENT
zoning ordinances) restricting or regulating or pro- or proceeding, and the Company shall reimburse the
hibiting the occupancy,use or enjoyment of the land, Insured for any expense so incurred OR SETTLEMENT
or regulating the character, du tensions, or location Whenever the Companyshall have settled a clann
la any improvement now a hereafter erected on said 5 NOTICE OF LOSS—LIMITATION OF ACTION under this policy, all right of subro atton shall vest
land, io prohibiting a separation in ownership or a in the Company unaffectd by any act of the Insured,
reduction in the dimensions or area of any lot or In addition is the notices required under pars- and it shall be subrogated to and be entitled to all
parcel of land graph 4(b), a statement m writing of any loss le rights and remedies which the Insured would have
(b) Goveomain unless
rights of police power or damage for which h is claimed the Company is liable had against any person or property in respect to such
SbtSnedomain
Pearsnin le notice of the exercise of such under this policy shall be furnished to the Company claim had this policy not been issued If the payment
hereof Public records at the date within sixty days after such loss or damage shall have t cover does not he loss of the Insured,the Company
hir
been determined and no right of action shall accrue shall be subrocover ed to such rights and remedies in
(c) Title to any property beyond the lines of to the Insured under this policy until flinty days the proportion which said payment bears to the
the land expressly described in Schedule C, or title after such statement shall have been furnished, and amount of said loss If loss should result from any
to streets, roads, avenues, lanes, ways or waterways no recovery shall be had by the Insured under this act of the Insured,such act shall not void this policy,
on which such land abuts, or the right to maintain policy unless action shall be commenced thereon but the Company,in that event,shall be required to
therein vaults,tunnels,ramps or any other structure within five years after expiration of said thirty day pay only that part of any losses insured against here-
or improvement, or any rights or easements therein period Failure to furnish such statement of loss or under which shall exceed the amount,if any,lost to
unless this policy specifically provides that such damage,or to commence such action within the time the Company by reason of the impairment of the
property,rights or easements are insured,except that herernbefore specified, shall be a conclusive bar right of subrogation The Insured,if requested by the
if the land abuts upon one or more physically open against maintenance by the Insured of any action Company, shall transfer to the Company all rights
streets or highways this policy insures the ordinary under this policy
rights of abutting owners for access to one of such and remedies against any person or property neces-
streets or highways, unless otherwise excepted or b OPTION TO PAY, SETTLE OR sary in order to perfect such right of subrogation,and
excluded herein shall permit the Company to use the name of the
(d) Defects, liens, encumbrances, adverse COMPROMISE CLAIMS Insured in any transaction or litigation involving
clanms against the title as insured or other matters The Company shall have the option to pay or settle such rights or remedies
(1) created, suffered, assumed or agreed to by the or compromise for or in the name of the Insured any If the Insured is the owner of the indebtedness
Insured claiming loss or damage, or (2) known to claim insured against or to pay the full amount of secured by a mortgage covered by this policy, such
Insured may release or substitute the personal
habil-
the Insured Claimant either at the date of this policy this policy, or, in case loss is claimed under this otherwise
r
or at the date such Insured Claimant acquired an policy by the owner of the indebtedness secured by m of any debtor or guarantor,or extend or otherwise {a,
estate or interest insured by this policy and not shown a mortgage covered by this policy,the Company shall modify the terms of payment,or release a portion of
by the public records, unless disclosure thereof in have the option to purchase said indebtedness, such the estate or interest from the lien of the mortgage,
writing by the Insured shall have been made to the purchase, payment or tender of payment of the full or release any collateral se s not for the indebted-
Company prior to the date of this policy, or (3) amount of this policy, together with all costs, attor- mess, provided such act does not result in any loss
resulting in no loss to the Insured Claimant, or (4) neys' fees and expenses which the Company is obli- of priority of the lien of the mortgage
attaching or created subsequent to the date hereof gated hereunder to pay, shall terminate all liability 10 POLICY ENTIRE CONTRACT
(e) Loss or damage which would not have been of the Company hereunder In the event,after notice Any action or actions or nlife of action that the
sustained if the Insured were a purchaser or encum- of claim has been given to the Company by the g
brancer for value without knowledge Insured, the Company offers to purchase said in- Insured may have or may bring against the Company
debtedness, the owner of such indebtedness shall arising out of the status of the lien of the mortgage
4 DEFENSE AND PROSECUTION OF ACTIONS transfer and assign said indebtedness and the mort- covered by this policy or the title of the estate or
—NOVICE OF CLAIM TO BE GIVEN gage securing the same to the Company upon pay- inter st this urd herein must be based on the provi-
ment of the purchase price ns policy ion or condition of this policy can be
BY THE INSURED waived or changed except by writing endorsed hereon
(a) The Company,at its own cost and without T PAYMENT OF LOSS signed by the President, a Vice
or attached hereto
undue delay shall provide (1) for the defense of the (a) The liability of the Company under this President, the Secretary, an Assistant Secretary or
Insured in all litigation consisting of actions or pro- policy shall in no case exceed, in all,the actual loss other validating officer of the Company
ceedings commenced against the Insured,or defenses, of the Insured and costs and attorneys'fees which the
restraining orders, or injunctions interposed against Company may be obligated hereunder to pay 11 NOTICES, WHERE SENT
a foreclosure or sale of the mortgage and indebted- (b) The Company will pay, in addition to any
ness covered by this policy or a sale of the estate or loss insured against by this policy, all costs imposed All notices required to be given the Company
interest in said land, or (2) for such action as may upon the Insured in litigation carried on by the ind anN statement in writing required to be fur-
be appropriate to establish the title of the estate or Company for the Insured,and all costs and attorneys' nished the Conip-my shall be addressed to it at its
interest or the lien of the mortgage as insured,which fees in litigation carried on b} the Insured with the home office at 421 North Main Street, Santa Ana,
litigation or action in any of such events is founded written authorization of the Company C uldoini 1, of to the office which issued this policy