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HomeMy WebLinkAbout1968-11-22 - Grant UNION BANK 5 17 i2ECORbING REQUESTED B FFIRST ORDED AT REQUEST AMER.TITLE INS.&TRUST t RECORDS 01-AND WHEN RECORDED MAIL TO �Gi COUNTY, CALIF, F __1 '2 Name City of Huntington Beach '�Ceijk t _C€it yRecorder Street P. 0. Box 190 ______j Address Huntington Beach, Calif. 92648 FREE City 3 State L ` S ACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Nome d� Street - �E'1 JA UCJCU IYf�IRi ` Address Same as above '�::, Co. !.�N C .1 1 .TAX y � City & :� 1` 3.. 19is State �' —s�,� 4 t. 5 �� �' � � JAN-3"69 y'�: 2 1 ' 1897t cp Grant Deed AFFIX I.R.S. I------ - - ----------- ABOVE THIS FORM FURNISHED BY TITLE 1 SURANCE AND TRUST COMPANY TO 405 C (6.67) FOR A VALUABLE CONSIDERATION, receipt of which i hereby acknowledged, UNION BANK, a California Corporation hereby GRANT(S) to City of Huntington Beach, a municipal corporation the following described real property in the City of Huntington Beach County of Orange , State ofCalifornia: of the Southwest quarter The West 20 acres of the Southwest q ter/of Section 26, Township 5 South, r Range 11 West, partly in the Rancho La Bolsas, partly in the Rancho La Bolsa Chica, as shown on a map recorded in Book 51 , Page 13 of Miscellaneous Maps, records of Orange County, Califoinia. Excepting all oil, gas, asphaltum and other hydrocarbon substances and all other minerals, below a depth of 500 feet, without, however, the right of surface entry as reserved in the Deed from Lawrence P. Kraemer and wife, recorded January 22, 1964. I Dated November 22, 1968 UNION B C orn a Corporation TO 449 C fcOUNTY orporation) Ce resl en ATE OF CALIFORNIA L2 of Los Angeles } SS. tl00' 8835 PAGE 35+ 1 November 22, 1968 Officer On t ey befole,nee the undersign d, a Notary Public in and for said State, personally appeared It* G w known to me to be the Vice — President, and Edward A. Harris Z known to me to be TLOan Officer g a•y, of the corporation that executed the within InstrumDen w known to me to be the persons who executed the within a Instrument on behalf of the corporation therein named, and OFFICIAL SE a acknowledged to me that such corporation executed the within KaRI O. BEN instrument pursuant to its by-laws or a resolution of its board of directors. NOTARY PUBLIC•CA " PRINCtpAL OFFIWITNESS my hand a d official seal. LOSANGELES C Mw,r.ry,ylulllllu.11w.lwlprwMrernrxnNxrn..... it Signature Any COMMMM Wo Dec. eal) Kari`0. Benko Name (Typed or Printed) rr (This area for official notarial seal) - eooK 8835 pAcE 352 dee-,il FIat;-d November 22, 1968 Union Bank t hc gae"C.3 y c) n �,i th vzx C it L, B' Al November 22, 1968 m California Land Title Association Standard Coverage Policy Form � A IVf E Copyright 1963 ¢S I L i G r POLICY OF TITLE INSURAN E ��, ;� � u ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE 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,1he heirs,devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or cons lidation,against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorney"s fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, wh ch 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 refe red to in Schedule B or excluded from coverage in Schedule B or in the Condi Jons 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 i3 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 th s policy; or 4. Priority over said mortgage, at the di to hereof, of any lien or encumbrance not shown or referred to in Schedule E, or excluded from coverage in Schedule B or in the Conditions and Stipulation , 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 Schedules A, B, and C are hereby made a part of this policy. In Witness Whereof, First American Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, on the date shown in 13chedule A. 'rst American Title Insurance Company 14- BY PRESIDENT e B ASSISTANT SECRETARY mux B 1 1 Form No. 1084.2 American Land Title Association Owner's Policy—Standard Form B-1962 s and CLTA Standard Coverage Policy Form Copyright 1963 SCHEDULE A Total Fee for Title Sear h, Examination and Title Insurance $---7_ 9-50_______•__•_ Amount $ 225,000.00 Policy No. OR-1058053 Effective Date January 3, 1969 it 8:00 A. M. Insured CITY OF HUNTINGTON BEACH, a municipal corporation. I. Title to the estate or interest covered by this policy at t e 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. Page 2 California Land Title Association a Standard Coverage Policy Form Copyright 1963 Form 1084-3 SC HED ILE B OR-1058053 This policy does not insure against loss or damage b real n of the matters shown in arts one and two following: p Y 9 9 Y p g 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 proper y or by the public records. 2. Any facts, rights, interests, or claims which a4 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 encumbran es which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shor age in area, encroachments, or any other facts which a correct survey would disclose. 5. Unparented mininq claims; reservations or exc ptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Part Two: 1. Second installment General and Spec al Taxes for the fiscal year 1968-1969, Amount $2019.16; Code Area 4-010, A. P. No. 111-010-35. 2. The Reservation of the Southerly 30 feet and the Westerly 30 feet of said land for road, railroads and ditches, a so the reservation of the use and control of cienegas and natural streams of water, if any, naturally upon, flowing across, into or by said tract, And the right of way for and to construct irrigation or drainage ditches through said tract, to irrigate or drain the adjacent land, as reserved in the Deed from Alfred Robinson, Trustee, recorded March 13, 1885 in Book 137, page 203 of Deeds, records of Los Angeles County, California. 3. A Right of Way for pipe lines, tele hone and telegraph lines over and through, under or along the Northerly 16.5 feet cf the Southerly 46.5 feet of said land as conveyed to Standard Oil Company by Deec dated June 14, 1921 and recorded in Book 400, page 229 of Deeds. Page Form No. 1056-4 All Policy Forms SC HED LE C OR-1058053 The land referred to in this policy is situated in the State of California , County of Orange, City of Huntington Beach and i described as follows: The West 20 acres of the Southwest quarte of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly i the Rancho Las Bolsas, partly in the Rancho La Bolsa Chica, as shown on a Map iecorded in Book 51, page 13 of Miscellaneous Maps, records of Orange County, Californi . Excepting all oil, gas, asphaltum and other hydrocarbon substances and all other minerals, below a depth of 500 feet, with cut, however, the right of surface entry, as reserved in the Deed from Lawrence P. Fraemer and wife, recorded January 22, 1964. LJH:eh Page 4 V Ox Vt 's First American Title Insur nce & Trust Company Farm 1106 THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE California Land T81e Association Standard Coverage Policy Form Copyrigqht 1%3 Form 1084 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS upon an alleged defect,Iien or encumbrance insured (c) No claim for damages shall arise or be The following terms when used in this policy against by this policy,and ay pursue any litigation maintainable under this policy (1) if the Company, g to final determination in thecourt of last resort. after having received notice of an alleged defect,lien mean: (b) In case any such iction or proceeding shall or encumbrance not excepted or excluded herein re- (a) 'land": the land described, specificall�yy or be begun, or defense interposed, or in case knowl- moves such defect, lien or encumbrance within a by reference,in Schedule C and improvements affixed edge shall come to the Insured of any claims of title reasonable time after receipt of such notice, or (2) thereto which by law constitute real property; or interest which is adverse to the title of the estate for liability voluntarily assumed by. the Insured in (b) public records": those records which im- or interest or lien of the mortgage as insured, or settling any claim or suit without written consent of part constructive notice of matters relating to said which might cause loss or damage for which the the Company,or(3)in the event the title is rejected land; Company shall or may be liable by virtue of this as unmarketable because of a defect,lien or encum- (c) "knowledge": actual knowledge, not con- policy,or if the Insured sh ill in good faith contract brance not excepted or excluded in this policy,until rn stctive knowledge or notice which may be imliuted to sell the indebtedness secured by a mortgage cov- there has been a final determination by a court of to the Insured b reason of any public records; i' 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,le se or mortgage the same, (d) All payments under this polfey,except pay- (e) "mortgage": mortgage, deed of trust,trust or if the successful bidder t a foreclosure sale under ments made for costs, attorneys' fees and expenses; deed,or other security instruments;and a mortgage covered by this licy 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 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 unma ketable,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 ompany 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 leadings or if the Insured satisfaction of the Company; provided, however, if debtedness, (2) any such owner who acquires the shall not, in writing, pro by notify the Company the owner of an indebtedness secured by a mortgage estate or interest referred to in this policy by fore- of any defect, lien or enc mbrance insured against shown in Schedule B is an Insured herein then such closure,trustee's sale,or other legal manner in satis- which shall come to the k kowledge of the Insured, payments shall not reduce pro tanto the amount of faction of said indebtedness, and (3) any federal or if the Insured shall not,i L writing,promptly notify the insurance afforded hereunder as to such Insured, agency or instrumentality which is an insurer or guar- the Company of any suc rejection by reason of except to the extent that such payments reduce the antor under an insurance contract or guaranty insur- claimed unmarketability of title, then all liability of amount of the indebtedness secured by such mort- mg or guaranteeing said indebtedness, or any part the Company in regard to a subject matter of such gage. Payment in full by any person or voluntary thereof,whether named as an Insured herein or not, action, proceeding or matt r shall cease and termi- satisfaction or release by the Insured of a mortgage subject otherwise to the provisions hereof. nate; provided, however, t at failure to notify shall covered by this policy shall terminate all liability of in no case prejudice the cl im of any Insured unless the Company to the insured owner of the indebted- 2. BENEFITS AFTER ACQUISITION OF TITLE the Company shall be actually prejudiced by such ness secured by such mortgage, except as provided If an insured owner of f the indebtedness secured by failure and then only to theextent of such prejudice. in paragraph 2 hereof. a mortgage described Schedule B acquires said (c) The Company s all have the right at its (e) When liability has been definitely fixed in 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 otheract which in its opinion or damage shall be payable within thirty days there- of said indebtedness, or any part thereof, or a may be necessary or desir ble to establish the title after. federal agency or instrumentality acquires said estate of the estate or interest or the lien of the mortgage B, 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 to s of this policy whether It is expressly understood that the amount of this teeing the indebtedness secured by a mortgage cov- or not it shall be liable ereunder and shall not policy is reduced by any amount the Company may teeing by this policy, s any part thereof, this policy thereby concede liability o waive any provision of pay under any policy insuring the validity or pri- shall continue policy, force in favor a such Insured, this policy, ority of any mortgage shown or referred to in Sched- agency or instrumentality, subject to all h the con, (d) In all cases whe a this policy permits or ule B hereof or any mortgage hereafter executed by ditions and stipulations hereof. requires the Company to rosecute or provide for the Insured which is a charge or lien on the estate the defense of any action o proceeding,the Insured or interest described or referred to in Schedule A, shall secure to it the right 13 so prosecute or provide and the amount so paid shall be deemed a payment 3. EXCLUSIONS FROM THE COVERAGE defense in such action or p oceeding,and all appeals to the Insured under this policy. The provisions of OF THIS POLICY therein,and permit it to us , at its option,the name this paragraph numbered 8 shall not apply to an a of the Insured for such pu ose.Whenever requested Insured owner of an indebtedness secured by a mort- This policy does not insure against loss or damage by the Company the Insure I shall give the Company gage shown in Schedule B unless such Insured ac- by reason of the following: all reasonable aid in any s ich action or proceeding, quires title to said estate or interest in satisfaction (a) Any law,ordinance or governmental regu- in effecting settlement, sec iring evidence, obtaining of said indebtedness or any part thereof. lation (including but not limited to building and witnesses, or prosecuting r defending such action 9. SUBROGATION UPON PAYMENT zoning ordinances) restricting or regulating or pro- or proceeding,and the Cor ipany shall reimburse the hibiting the occupancy,use or enjoyment of the land, Insured for any expense so neurred. OR SETTLEMENT or regulating the character, dimensions, or location Whenever the Company shall have settled a claim of any improvement now or hereafter erected on said S. NOTICE OF LOSS—LIMITATION OF ACTION under this policy, all right of subrogation shall vest land, or prohibiting a separation in ownership or a in the Company unaffected by any act of the Insured, reduction in the dimensions or area of any lot or In addition to the noti es required under para- and it shall be subrogated to and be entitled to all parcel of land. graph 4(b), a statement in writing of any loss or rights and remedies which the Insured would have (b) Governmental rights of police power or damage for which it is claimed the Company is liable had against any person or property in respect to such eminent domain unless 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 rights appears in the public records at the date within sixty days after such loss or damage shall have does not cover the loss of the Insured,the Company hereof. been determined and no ri ht of action shall accrue shall be subrogated to such rights and remedies in (c) Title to any property beyond the lines of to the Insured under this policy until thirty days the proportion which said payment bears to the the land expressly described in Schedule C, or title after such statement shall Ikave 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 ly 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 exp ration 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 uch 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 st ch action within the time the Company by reason of the impairment of the property,rights or easements are insured,except that herembefore specified, sh 11 be a conclusive bar if the land abuts upon one or more physically open against maintenance b t Insured of an action right of subrogation.The Insured,o requested by the P Y Y Pe g Y Y Company, shall transfer to the Company all rights streets or highways this policy insures the ordinary under this policy. and remedies against any person or property neces- rights of abutting owners for access to one of such sary in order to perfect such right of subrogation,and streets or highways, unless otherwise excepted or 6. OPTION TO PAY, SE LE OR shall herein. permit the Company to use the name of the excluded ( Defects, liens, encumbrances, adverse COMPROMISE CLAIM Insured in any transaction or litigation involving claims against the title as insured or other matters The Company shall have he option to a or settle such rights or remedies. B P pay If the Insured is the owner of the indebtedness (1) created, suffered, assumed or agreed to by the or compromise for or in the name of the Insured any secured by a mortgage covered by this policy, such Insured claiming loss or damage; or (2) known to claim insured against or t pay the full amount of Insured may release or substitute the personal lia6il- the Insured Claimant either at the date of this policy this policy, or, in case Ins is claimed under this ity of any debtor or guarantor,or extend or otherwise or at the date such Insured Claimant acquired an policy by the owner of the indebtedness secured by modify the terms of payment,or release a portion of estate or interest insured by this policy and not shown a mortgage covered by this olicy,the Company shall the estate or interest from the lien of the mortgage, by the public records, unless disclosure thereof in have the option to purchas said indebtedness; such or release any collateral security for the indebted- writing by the Insured shall have been made to the purchase, payment or tender of payment of the full ness, provided such act does not result in any loss Company prior to the date of this policy; or (3) amount of this policy, tog her with all costs, attor- of priority of the lien of the mortgage. resulting in no loss to the Insured Claimant; or (4) neys' fees and expenses which the Company is obli- attaching or created subsequent to the date hereof. gated hereunder to pay, stall 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 rights of action that the sustained if the Insured were a purchaser or encum- of claim has been given o the Company by the Insured may have or may brim a Company brancer for value without knowledge. Insured, the Company off rs to purchase said in- Y y g against the Com an debtedness, the owner of such indebtedness shall arising out of the status of the lien of the mortgage transfer and assign said indebtedness and the mort- covered by this policy or the title of the estate or 4. DEFENSE AND PROSECUTION OF ACTIONS gage securing the same to the Company upon pay- interest insured herein must be based on the provi- -NOTICE OF CLAIM TO BE GIVEN ment of the purchase price sions of this policy. BY THE INSURED No provision or condition of this policy can be 7. PAYMENT OF LOSS waived or changed except by writing endorsed hereon (a) The Company,at its own cost and without or attached hereto signed by the President, a Vice undue delay shall provide (1) for the defense of the (a) The liability of he Company under this President, the Secretary, an Assistant Secretary or Insured in all litigation consisting of actions or pro- policy shall in no case exc ed,in all,the actual loss other validating officer of the Company. ceedings commenced against the Insured,or defenses, of the Insured and costs an 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 oe given the Company interest in said land; or (2) for such action as may upon the Insured in litig tion carried on by the and any statement in writing required to be fur- be appropriate to establish the title of the estate or Company for the Insured,a 2d all costs and attorneys' nished the Company shall be addressed to it at its interest or the lien of the mortgage as insured,which fees in litigation carried ov by 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. California, or to the office which issued this policy.