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HomeMy WebLinkAbout1971-03-05 - Grant MAIER, ET AL ►RECORDING REQUESTED BY � 9702 F��43 398 CITY OF HUNTINGTON BEACH RECORDED AT REQUEST OF AND WHEN RECORDED MAIL TO 01683 F11"�°+• T,•`ER• IT LE IN_ CO. City Clerk OR.Arsl.z CeUNTY, Cl�.'F. Name City of Huntington Beach 8,00AM JfL!L 1 1971 Street P.O.. Box 190 AddressI J.YYYLIE CATiLYLE,Catl�tiY 8es.�r1tyr City a Huntington Beach, Calif. ��. a? �� FREE state L 92648 � SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO (— This document, is solely for the official Name :'! ;�, business of the City of Huntington -Beach, Street SAME as contemplated ..under Government Code Address Section 6103 and should be recorded free Clty a of charge . State L @ �p AFFIX I.R.S. ____________________IPI THIS SPACE „Q jl+' 1 NO TAX DUE Grant Deed TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY ' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Paul H. Maier, Helen Crawford, Cecelia Hoefer, Anna Casteig, Effie Nation and Laura Mullens , an undivided 1/6th interest each as their separate property hereby GRANT(S) to PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH the following described real property in the City of Huntington Beach County of Orange , State of California: Lots 3 , 4, 5 and. 6 in Block 102 of Huntington Beach, as shown on a map recorded in Book 3 , Page 36 of Miscellaneous Maps , records of Orange County, California. EXCEPTING therefrom a 11 , gas `an`d ofhcr hydrocarbon substances and minerals lying below a depth of 500 feet from the surface of said land, but without the right of surface entry at any time upon said land or within the top 5001 thereof, for the purpose of exploiting for, developing, producing, removing and marketing said substances . EXCEPTING ALSO all right , title and interest now belonging to or hereinafter inuring to the lessors , or their successors or assignees , and to the lessees , or their successors or assignees , in that certain Community Oil and Gas Lease , known as Original East Huntington Beach V Community Oil and Gas Lease ," dated August 21 , 1954 , executed by Grace M. Green as to said land, and another as to other land, as lessors , and Jack B . Crawford, as lessee , recorded December 15 , 1954 , in Book 2897 , Page 332 : in Official Records of said County. EXCEPTING ALSO all right , title and interest now belonging to or hereinafter inuring to the lessors , or their successors or assignees , f and to the lessees, or their successors or assignees , in that certain two Community Oil and Gas Leases , known as "East Huntington Beach V Community Oil and Gas Lease , Counterpart All , each dated August 21 , 1954 , executed by Grace M. Green as to said land, and others as to other land, as lessors , and Jack B . Crawford, as lessee , recorded March 21 , 1955 , in Book 3003 , Page 251 , in Official Records of said County, and April 1 , 1955 , in Book 3018 , Page 40 , in Official Records of said County. to be the person D whose name "'—subscribed to the within L auTa Mullen s instrument and acknowledged that executed the same. �'� "' `�" o" OFFICIAL REAL Is WITNESS my hand and official seal. i FLOYD G. BELSITO d r " NOTARY PUBLIC--CALIFORNIA iA Signature i '•"^ � PRINCIPAL OFFICE IN s ■ v .3A M i ORANGE COUNTY w 5 uO My Commission Expires Mar. 10, 1974 Name (Typed or Printed) Is�.■a�� (This area offcao notarial saRseusua Title Order No. Escrow or Loan No.— MAIL TAX STATEMENTS AS DIRECTED ABOVE RECORDING REQUESTED BY tq 702 p4cc ' 398 U 43 CITY OF HUNTINGTON BEACH RECORDED AT REQUEST OF .V Rs®`l AND WHEN RECORDED MAIL To ��1;e7iST A '9Er. TITLE I -S. CO. 1683 IN OFFICI.A!- Rrr0r"y OF City Clerk ORA." Nome City of Huntington Beach - &OOAM JAIL 1 1971 Street P.O. Box 190 AddressJ.WYLDE Ci1311YlE,Ca�la�y Fee-"rd� Huntington Beach_ Calif- . ' CDrl: City S State I F Name Street Address City a state I TO 4r 5-r gE {�+ di . IS r r eput i y Attorney Dated au aie STATE OF CALIFORNIA l f f ` COUNTY OF 0 tGc SS. a� l yY 'C-))�, On t tet iq 1 g7 d before me, the under- Cecella f�G' fr signed, a Notary Public in and for said State, personally appeared A/ t Ef iearNation known to me 'E to be the person whose name-5 -`- -0-subscribed to the within I.Jura mul I ens instrument and acknowledged tha executed the same. OWL -�"caalrerhea�aes:aa�A "".aaaEa it OFFICIAL SEAL WITNESS my hand and official seal. n FLOYD G. BELSITO NOTARY PUBLIC --CALIFORNIA Signature i PRINCIPAL OFFICE IN !• m ORANGE COUNTY B //o ff4 S �rU : My. Commission Expires Mar. 10, 1974 00 Name (Typed or Printed) ��(This area for official notarial se usno��ara■ Title Order No. Escrow or Loan No.— MAIL TAX STATEMENTS AS DIRECTED ABOVE h a' _' gaaa i.l. { E § Sofia iie£. \' c�..£ �,.,,,� z>�i.�...i.�u�A� Li��� \r tt ss��1 \ v v `; v y \ \ ',l \: .: v ti v l \' \\.. {;vi \. .. .:: ! i ............ \ ` d Ttle Aso ciaton ae Pol rm AMERIC icyFo yC C 9 ! 1( POLICY OF TITLE INSURANCE . ISSUED BY First American Title Insurance Company � y 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,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, attorney"s 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 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 Schedule A. First American Title Insurance Company ly PRESIDENT ATTEST SECRETARY Form No. 1084-2 i American Land Title Association -} Owner's Policy—Standard Form B-1962 and CLTA Standard Coverage Policy Form Copyright 1963 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $_324.18______________ Amount $ 110,000,00 Policy No. OR 1080606 Effective Date July 1p 1971 at 8:00 A. M. Insured PARKm AUTHaR ITY cF THE C STY of HUNTSNGTON BEACH. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: PARKIN', AUTHCIRITY OF THE CITY OF HUNPINGTON_BEWH. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is: A Fee. Page 2 t Form No. 1084-3 California Land Title Association Standard Coverage Policy Form Copyright 1963 SCHEDULE B oR-1080606 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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 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 mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to water. Part Two: 1. General and Special Taxes for the fiscal year 1971-1972, a lien not yet payable. Code Area 4-001, A. P. No. 24-166-14, 24-166-15 and 24-166-16. 2. 1. Community Oil and Gas Lease known as "Original East Huntington Beach V Community Oil and Gas Lease", dated August 21, 1954 executed by Ann Thomas, as to Lots 1 and 2 and Grace M. Green, as to Lots 3, 4, 5 and 6, in said Block 102, as lessors and Jack B. Crawford, as lessee, recorded December 15, 1954 in book 2897, Page 332, Official Records, to which record reference is made for full particulars. Said lease recites among other things as follows: "29. This lease grants to Lessee the exclusive oil, gas and subsurface trespass rights only, and no implied covenant shall be read into this lease granting to him any surface rights whatsoever. All drilling operations shall be conducted from property other than that contained within this lease, and no equipment or material shall be stored upcn land contained within this lease, either during drilling operations or after completion. This includes well head, drilling rig, pumping unit, gas trap, tanks and tubular goods". Recorded February 18, 1955 in book 2965, page 342, Official Records is a Notice dated February 17, 1955 by Ann Thomas, purporting to rescind said lease insofar as it covers Lots 1 and 2 in said Block 102. 2. Two Community Oil and Gas Leases, known as "East Huntington Beach V Community Oil and Gas Lease, Counterpart A", each dated August 21, 1954, executed by Ann Thomas, as to Lots 1 and. 2, Grace M. Green as to Lots 3, 4, 5 and 6, Samuel L. Hancock as to Lots 7 and 8 and Grace L. Shaw as to Lots 9 and 10, in said Block 102, as lessors and Jack B. Crawford, as lessee, recorded March 21, 1955 in book 3003, page 251 of Official Records and April 1, 1955 in book 3018, page 40, Page 3 oR_lo8o6o6 Official Records, to which records reference is made for full particulars. Said leases contain the same recital No. 29 as above shown in Lease recorded in book 2897, page 332, Official Records. Recorded March 21, 1955 in book 3003, page 255, Official Records, is an instrument dated February 210 1955 by and between Grace L. Shaw, a widow and Samuel L. Hancock, as "lessors" and Jack B. Crawford "as lessee", modifying said lease. The leasehold estates created by the said Community Oil and Gas Leases are subject to the following: (a) An assignment dated January 13, 1955, executed by Jack B. Crawford to Richard E. Gardner and Ernestine H. Gardner, of all right, title and interest in and to said leases, recorded April 1, 1955 in book 3018, page 44, Official Records. (b) An Assignment dated January 13, 1955, executed by Richard E. Gardner and Ernestine H. Gardner to Jack B. Crawford of all their right, title and interest in and to said Community Oil and Gas Leases, excepting and reserving to Richard E. Gardner an overriding royalty of 4% and to Ernestine H. Gardner an overriding royalty of 2% of all oil, gas and casinghead gasoline produced, saved and sold from said leased lands, recorded April 1, 1955 in book 3018, page 48 of Official Records. I Rosemary G. Gardner, wife of Richard E. Gardner, joins in and ratifies said assign- ment by a document recorded April 15, 1955 in book 3022, page 473, Official Records. (a) An Assignment dated January 17, 1955 executed by Jack B. Crawford to Albercalif Petroleums, Limited, an Ontario, Canada corp., of all his right, title and interest in said Community Oil and Gas Leases, excepting and reserving to assignor an undivided 33 1/3% of lessee's rights and interest in and under said leases and in and to lessee's share of all oil, gas and. other hydrocarbon substances that may be produced, saved and sold from leased premises, subject to certain rights, terms and pro- visions as therein set forth, recorded April 6, 1955 in book 3022, page 95 of Official Records, to which record reference is made for full particulars. The interest of Jack B. Crawford may be subject to a Judgment entered February 28, '1961 for $525-75 and any other amounts due thereunder, an abstract of which was recorded March 31, 1961 in book 5675, page 473 of Official Records. Debtor: Jack Crawford. Creditor: Nora Walker Turner. Municipal Court, Santa Ana-Orange Judicial District, County of Orange) State of California, Case No. 15259. Recorded September 18, 1962 in book 6253, page 637, Official Records is a Quit claim Deed and Surrender dated March 29, 1960 executed by Jack B. Crawford Oil Producer, a partnership, Jack B. Crawford, Walter M. Crawfordy Donald Crawford and A. E. Hiles, to J. C. Copeland, J. C. Copeland & Associates, Morrie H. Morgan and Bethlehem Steel Company, of all right, title and Interest in and to the Community Oil and Gas Lease recorded in book 2897, page 332, Official Records, above shown, and the land covered thereby, the oil wells located thereon, fixtures, equipment and appurtenances thereto, the personal property situated on said lands, and all royalties, overriding royalties and all rights in or to the oil, gas and other hydrocarbon substances and mineral substances, or the proceeds from the sale thereof, produced from said land, together with other property. The records do not disclose the source of the interests acquired by Jack B. Page 4 • • ©R-1o80606 Crawford Oil Producer, Walter M. Crawford, Donald Crawford and A. E. Hiles. (d) An Assignment dated January 18, 1955, executed by Albercalif Petroleums Limited an Ontario, Canada Corp., to Sol Marks and Morrie H. Morgan, each an undivided 33 1/3% interest as tenants in common, of all the rights and interests in, under and pursuant to said Community Oil and Gas Leases, and in to the drill and tank site agreements and subsurface easement, recorded April 6, 1955 in book 3022, page 107, Official Records, to which record reference is made for fall particulars. Our records indicate that the corporate powers of Albercalif Petroleums, Limited. were suspended subsequent to September 1, 1959, on account of its failure to pay the State Corporate Franchise Taxes. (e) An Assignment dated February 7, 1955, executed by Sol Marks to J. C. Copeland and Associates, of all his right, title in and to that "certain community oil and gas lease dated August 21, 1954, wherein Ann Thomas and others are the lessors and Jack B. Crawford is the lessee, upon certain real property situated in the County of Orange, described as Lots 1 through 10, inclusive, of Block 102 of Huntington Beach, as shown on a map thereof recorded in book 3, page 36 of Miscellaneous Maps, records of Orange County, which lease is recorded in book 2897, page 332 of Official Records", together with all his right, title and interest in and to all oil, gas and other hydrocarbon substances heretofore or hereafter produced under said leases and all proceeds of the sale thereof, subject to certain provisions as con- tained in said assignment, recorded April 6, 1955 in book 3022, page 115, Official Records, to which record reference is made for full particulars. Recorded March 16, 1955 in book 2997, page 54 of Official Records, is an instrument dated March 14, 1955, executed by Fay Marks, wife of Sol Marks, constituting and appointing said Sol Marks as her attorney-in-fact to execute documents pertaining to oil leases, to which record reference is made for full particulars. Recorded June 1, 1962 in book 6130, page 858, Official Records is a Quitclaim Deed dated May 29, 1962, executed by Sol Marks, and recorded June 7, 1962 in book 6136, page 941, Official Records, is a Quitclaim Deed executed by Fay Marks, both in favor of J. C. Copeland and Associates, describing "Wells No. 12 and 13, Lots 1 through 10, inclusive in Block 102, Huntington Beach Tract, as shown in a map recorded in book 3, page 36 of Miscellaneous Maps, records of Orange County, California, and the oil and gas lease covering said real property wherein Ann Thomas and Grace Green are the lessors and Jack B. Crawford is the lessee, which said Oil and Gas Lease was dated August 21, 1954 and recorded in book 2897, page 332, Miscellaneous Records of Orange County" (together with other property) . Bills of Sale covering oil wells, fixtures, equipment etc., located on the land described in said Quitclaim Deeds were executed by said grantors to said grantee, recorded June 1, 1962 in book 6130, page 868, Official Records and June 7, 1962 in book 6136, page 935, Official Records, (together with other property). The articles of J. C. Copeland and Associates, if a partnership or a corporation, are not on file or of record in Orange County. (f) A Deed of Trust and Mortgage of Chattels and Personal Property, dated September 13, 1955, executed by Morrie H. Morgan and: Edith Morgan, husband and wife to United California Bank, successor to California Bank, a corporation, as Trustee, to secure an indebtedness of $350,000.00 in favor of United California Bank, Page 5 cR_1o8o6o6 successor to California Bank) a corporation, and any other amounts payable under the terms thereof, recorded September 16, 1955 in book 3212, page 433, Official Records, to which record reference is made for full particulars. Said document describes and covers all right, title and interest in the Oil and Gas Lease recorded in book 2897, page 332, Official Records, insofar and to the extent that said lease covers and includes all oil, gas and other hydrocarbon substances underlying Lots 1 to 6 both inclusive in said Block 102 together with all oil, gas and other hydrocarbon substances underlying the portion of the Northeasterly 1 of Ocean Avenue adjoining said lots, and together with all oil, gas and other hydrocarbon substances underlying that portion of the Northwesterly of Second Street, adjoining said Lots; also all right, title and interest in the Lease recorded in book 3003, page 251, Official Records insofar and to the extent that said lease covers and includes all oil, gas and other hydrocarbon substances underlying Lots 7 to 10 both inclusive in said Block 102, and all oil, gas and other hydrocarbon substances underlying portion of the Northeasterly 1 of Ocean Avenue adjoining said Lots, and all oil, gas and other hydrocarbon sub- stances underlying that portion of the Southeasterly I of Third Street adjoining,, (together with other property). Recorded August 31, 1956 in book 3212, page 460 of Official Records is an assign- ment dated September 13, 1955, executed by Morrie H. Morgan and Edith Morgan, husband and wife, to United California Bank, successor to California Bank, a corporation, of all oil, gas and other hydrocarbon substances produced and saved from the lands and oil and gas leases as described in the above mentioned Deed of Trust and Mortgage, together with all proceeds and avails therefrom, to which record reference is made for full particulars. (g) A Deed of Trust and Mortgage of Chattels and Personal Property, dated August 28, 1956, executed by Albercalif Petroleums, Limited, a Canadian corp., to W. A. MacMullen, as Trustee, to secure an indebtedness of $350,000-00, in favor of Bethlehem Supply Company, a corporation and any other amounts payable under the terms, thereof, recorded August 31, 1956 in book 3631, page 437, Official Records, to which record reference is made for full particulars. Said Deed of Trust and Mortgage describes the interests in leases and lands as set forth in the Deed of Trust and Mortgage recorded in book 3212, page 433, Official Records, above shown (together with other property). Recorded January 30, 1957 in book 3787, page 300, Official Records, is an instru- ment substituting Title Insurance and Trust Company,, a corporation, as trustee under said Deed of Trust in place and stead of W. A. MacMullen. Records indicate that the corporate powers of Albercalif Petroleums, Limited were suspended subsequent to September 1, 1959 on account of its failure to pay the State Corporate Franchise Taxes. W A Quitclaim Deed dated October 12, 1961, executed by Morrie H. Morgan and Henry Z. Morgan, to J. M. Dungan, as Trustee of Morrie H. Morgan Co., a California corporation, bankrupt, describing the interests in leases and lands as set forth in the deed of trust and Mortgage recorded in book 3212, page 433, Official Records, above shown, together with other property, said Quitclaim Deed recorded November 3, 1961 in book 5902, page 893 of Official Records, to which record reference Page 6 oR-lo8o6M is made for full particulars. The records do not disclose the source of the interest acquired by said Henry Z. Morgan. The interest acquired by said J. M Dungan, as Trustee, was conveyed and assigned to J. C. Copeland by mesne conveyances and assignments of record. No examination has been made of the proceedings had in the matter of Morrie H. Morgan Company, a bankrupt Case No. 607748, U.S.D.C. Northern District, Southern Division, and no report is made as to the validity and legal effect of the conveyances and assignments of record executed by said Trustee. (I) The effect of a Quitclaim Deed dated April 11, 1962, executed by Sol Marks, to William Steinberg, describing Jack B. Crawford Wells No. 5 to 26 inclusive, and East Huntington Beach V Community Oil and Gas Lease and other leases, said Quitclaim Deed recorded April 12, 1962 in book 6073, page 652, Official Records. Recorded June 1, 1962 in book 6130, page 874, Official Records, is a Bill of Sale dated May 31, 1962 and recorded June 1, 1962 in book 6130, page 880, Official Records, is a Quitclaim Deed dated May 29, 1962, both executed by William Steinberg and Pauline Steinberg, conveying and quitclaiming to J. C. Copeland and Associates, oil wells, fixtures, equipment, etc., and the oil and gas wells, leases and real property described as: Wells No. 12 and 13, Lots 1 through 10 inclusive in Block 102, Huntington Beach Tract, as shown on a Map recorded in book 3, page 36, Miscellaneous Maps, and the Oil and Gas Lease covering said real property recorded in book 2897, page 332 of Miscellaneous Records, records of Orange County, together with other property. (J) A Quitclaim deed dated June 1, 1962, recorded June 11 1962, in book 6130, page 887 Official Records and a Bill of Sale dated June 1, 1962, recorded June 1, 1962 in book 6130, page 892, Official Records, both executed by United States Petroleum Corporation, a corporation, conveying and quitclaiming to J. C. Copeland and Associates, the pro- perty as described in the last above mentioned Quitclaim deed and Bill of Sale, to- gether with other property. The records do not disclose the source of the interest acquired by said grantor. (k) An Assignment dated May 9, 1963 executed by J. C. Copeland and Associates, a partnership composed of J. C. Copeland and Sidney W. Kaufman and/or Sidney W. Kaufman as a tenant in common with J. C. Copeland, to J. C. Copeland of all right, title and interest in East Huntington Beach V Community Oil and Gas Lease dated August 21, 1954, and other leases, including all right, title and interest privileges and benefits of lessee under said Oil and Gas Leases and all improve- ments and personal property appurtenant thereto etc., recorded May 10, 1963 in book 6543, page 914, Official Records. We do not find of record in Orange County the articles of partnership of said J. C. Copeland and Associates and/or a statement thereof, and no report is made as to the legal effect or validity of said Assignment. (1) A Quitclaim deed dated May 10, 1963, executed by J. C. Copeland, also known as J. C. Copeland and Associates, to Industrial Development Associates, a partner- ship, of all right, title and interest in and to the Oil and Gas Leases and In and to all oil, gas and other hydrocarbon and mineral substances lying In, or under, or that may be produced, saved and sold or removed from the lands and leasehold estates described in Exhibit "A" attached thereto, together with any and all agreements of Page 7 OR-1080606 1 ' every kind pertaining to said oil, gas and other hydrocarbon and mineral substances etc., recorded May 10, 1963 in book 6544, page 580, Official. Records. Said Exhibit "A" describes the interests in lands and oil and gas leases as above shown in the Deed of Trust and Mortgage recorded in book 3212, page 433, Official Records, (together with other property). (m) An assignment dated May 10, 1963, executed by J. C. Copeland, also known as J. C. Copeland and Associates, to Industrial Development Associates, a partnership of all right, title and interest in and to oil and gas leases subleases or assign- ments thereof and all operating agreements and interests therein and in certain oil wells situated on any of the lands covered thereby, together with certain equipment machinery, personal property and appurtenances thereto, as described in Exhibit "A" attached thereto, recorded May 10, 1963 in book 6544, page 592, Official Records. Said Exhibit "A" describes the interests in lands and oil and gas leases as shown in the Deed of Trust and Mortgage recorded in book 3212, page 433 of Official Records above shown, together with other property. Statement of partnership of Industrial Development Associates, recorded May 7, 1963 in book 6539, page 68 of Official Records, shows Harry S. Rothschild, Harry R. Rothschild and Peter B. Rothschild as partners. (n) The consequences of any final adjudication that any assignments of said Oil and Gas leases where overriding royalties were reserved were not in fact assign- ments but were subleases. (o) Any interest of Albercalif Petroleums, Limited, a corporation, may be subject to a ,judgment entered November 21, 1960 for $1,823.96 and any other amounts due thereunder, an abstract of which was recorded August 7, 1962 in book 6204, page 468, Official Records. Debtor: Albercalif Petroleums, Limited, a corporation. Creditor: Jacob Forst, Case No. 693910, Superior Court of the State of California, in and for the Los Angeles County, California. (p) The interest of Industrial Development Associates may be subject to a judgment entered. February 14, 1968, for $1,196.16 and any other amounts due thereunder, an abstract of which was recorded March 26, 1968 in book 8553, page 404, Official Records. Debtor: Industrial Development Association, Arthur M. Barnes. Creditor: J. Wood. Case No. 4125 PS, Municipal Court of Desert Judicial District, Riverside County, California. (q) Recorded July 1, 1971 in a Deed executed by Paul H. Maier and others to Parking Authority of the City of Huntington Beach which recites among other things as follows: "Excepting also all right, title and interest now belonging to or hereinafter inuring to the lessors, or their successors or assignees, and to the lessees, or their successors or assignees, in that certain Community Oil and Gas Lease, known as "Original East Huntington Beach V Community Oil and Gas Lease," dated August 21, 1954, executed by Grace M. Green as to said land, .and another as to other land, as lessors, and Jack B. Crawford, as lessee, recorded December 15, Page 8 OR-1080606 1954 in Book 2897, page 332, in Official Records of said County. Excepting also all right, title and interest now belonging to or hereinafter Inuring to the lessors, or their successors or assignees, and to the lessees, or their successors or assignees, in that certain two Community Oil and Gas Leases, known as "East Huntington Beach V Community Oil and Gas Lease, Counterpart A110 each dated August 21, 1954, executed by Grace M. Green as to said land, and others as to other land, as lessors, and Jack B. Crawford, as lessee, recorded March 21, 1955 in Book 3003, page 251, in Official Records of said County, and April 1, 1955 In Book 3018, page 40, in Official Records of said County." 3. Any Rights of Way and easements for pipe lines under, along and across the Northwest quarter of Section 14, Township 6 South, Range 11 West, of -which -1 section 4 the herein described land is, a part, as conveyed in an unrecorded agreement dated January 18, 1955, between Standard Oil Company of California and Standard Gasoline Company and Bernard Forst, as disclosed by an assignment of all right, title and interest of Standard Oil Company of California to Standard Gas Company, dated August 9, 1955, recorded August 26, 1955 in book 3189, page 466 of Official Records. 4. Any Unrecorded Business Leases and the effect of the covenants, conditions, restrictions, right and privileges contained In said leases. Page 9 Form No. 1056-4 All Policy Forms J _ SCHEDULE C OR-1080606 The land referred to in this policy is situated in the State of California County l of Orange, City of Huntington Beach and is described as follows: Lots 3, 4, 5 and 6 in Block 102 of Huntington Beach, as shown on a Map re- corded in Book 3, page 36 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and minerals lying below a depth of 500 feet from the surface of said land, but without the right of surface entry at any time upon said land or within the top 500 feet thereof, for the purpose of exploiting for, developing, producing, removing and marketing said substances, as reserved by Paul N. Maier, et al, by deed recorded July 1, 1971. LJH:Ids Page 10 .-r' r• �; r: r �1R '. r F J c- r-- c" ram. r �t•�� r � �y .;.��( r r, R���.�i��� California ',,a land Title Association Stanrlandard Coverage Policy Form Copyright 1963 Form 1084 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy upon an alleged defect,lien or encumbrance insured (c) No claim for damages shall arise or be mean: against by this policy,and may pursue any litigation maintainable under this policy (1) if the Company, (a) `land": the land described, specifically or to final determination in the court of last'resort. after having received notice of an alleged defect,lien by reference,in Schedule C and improvements affixed (b) In case any such action or proceeding shall or encumbrance not excepted or excluded herein re- thereto which by law constitute real property; be begun, or defense interposed, or in case knowl- moves such defect, lien or encumbrance within a (b) public records": those records which im- edge shall come to the Insured of any claims of title reasonable time after receipt of such notice, or (2) part constructive notice of matters relating to said or interest which is adverse to the title of the estate for liability voluntarily assumed by. the Insured in land; or interest or lien of the mortgage as insured, or settling any claim or suit without written consent of (c) "knowledge": actual knowledge, not con- which might cause loss or damage for which the the Company,or(3)in the event the title is rejected structuve knowledge or notice which may be imputed Company shall or may be liable by virtue of this as unmarketable because of a defect,lien or encum- to the Insured by reason of any public records; policy,or if the Insured shall in good faith contract brance not excepted or excluded in this policy,until (d) date": the effective date; to sell the indebtedness secured by a mortgage cev- there has been a final determination by a court of (e) "mortgage": mortgage, deed of trust,trust ered by this policy, or, if an Insured in good faith competent jurisdiction sustaining such rejection. deed,or other security instruments;and leases or contracts to sell,lease or mortgage the same, (d) All payments under this policy,except pay- (f) insured": the party or parties named as or if the successful bidder at a foreclosure sale under ments made for costs, attorneys' fees and expenses; Insured,and if the owner of the indebtedness secured a mortgage covered by this policy refuses to purchase shall reduce the amount of the insurance pro tanto by a mortgage shown in Schedule B is named as an and in any such event the title to said estate or and no payment shall be made without producing Insured in Schedule A,the Insured shall include (1) interest is rejected as unmarketable,the Insured shall this policy for endorsement of such payment unless each successor in interest in ownership of such in- notify the Company thereof in writing.If such notice the policy be lost or destroyed,in which case proof debtedness, (2) any such owner who acquires the shall not be given to the Company within ten days of such loss or destruction shall be furnished to the estate or interest referred to in this policy by fore- of the receipt of process or pleadings or if the Insured satisfaction of the Company; provided, however, if closure,trustee's sale,or other legal manner in satis- shall not, in writing, promptly notify the Company the owner of an indebtedness secured by a mortgage faction of said indebtedness, and (3) any federal of any defect, lien or encumbrance insured against shown in Schedule B is an Insured herein then such agency or instrumentality which is an insurer or guar- which shall come to the knowledge of the Insured, payments shall not reduce pro tanto the amount of antor under an insurance contract or guaranty insur- or if the Insured shall not,in writing,promptly notify the insurance afforded herQunder as to such Insured, ing or guaranteeing said indebtedness, or any part the Company of any such rejection by reason of except to the extent that such payments reduce the thereof,whether named as an Insured herein or not, claimed unmarketability of title, then all liability of amount of the indebtedness secured by such mort- subject otherwise to the provisions hereof, the Company in regard to the subject matter of such gage. Payment in full by any person or voluntary action, proceeding or matter shall cease and termi- satisfaction or release by the Insured of a mortgage 2. BENEFITS AFTER ACQUISITION OF TITLE pate; provided, however, that failure to notify shall covered by this policy shall terminate all liability of If an insured owner of the indebtedness secured b in no case prejudice the claim of any Insured unless the Company to the insured owner of the indebted- If the Company shall be actually prejudiced by such ness secured by such mortgage, except as provided a mortgage described in Schedule B acquires said failure and then only to the extent of such prejudice. in paragraph 2 hereof. estate or interest,or any part thereof,by foreclosure, (c) The Company shall have the right at its (e) When liability has been definitely fixed in trustee's sale, or other legal manner in satisfaction own cost to institute and prosecute any action or accordance with the conditions of this policy the loss of said indebtedness, or any part thereof, or if a proceeding or do any other act which in its opinion or damage shall be payable within thirty days there- federal agency or instrumentality acquires said estate may be necessary or desirable to establish the title after. or interest, or any part thereof, as a consequence of of the estate or interest or the lien of the mortgage an insurance contract or guaranty insuring or guaran- as insured; and the Company may take any appro- 8. LIABILITY NONCUMULATIVE teeing the indebtedness secured by a mortgage cov- priate action under the terms of this policy whether It is expressly understood that the amount of this ered by this policy, or any part thereof, this policy or not it shall be liable thereunder and shall not policy is reduced by any amount the Company may shall continue in force in favor of such Insured, thereby concede liability or waive any provision of pay under any policy insuring the validity or pri- agency or instrumentality, subject to all of the con- this policy. ority of any mortgage shown or referred to in Sched- ditions and stipulations hereof. (d) In all cases where this policy permits or isle B hereof or any mortgage hereafter executed by requires the Company to prosecute or provide for the Insured which is a charge or lien on the estate 3. EXCLUSIONS FROM THE COVERAGE the defense of any action or proceeding,the Insured or interest described or referred to in Schedule A, OF THIS POLICY shall secure to it the right to so prosecute or provide and the amount so paid shall be deemed a payment defense in such action or proceeding,and all appeals to the Insured under this policy. The provisions of This policy does not insure against loss or damage therein,and permit it to use, at its option, the name this paragraph numbered 8 shall not apply to an by reason of the following: of the Insured for such purpose.Whenever requested Insured owner of an indebtedness secured by a mort- (a) Any law,ordinance or governmental regu- by the Company the Insured shall give the Company gage shown in Schedule B unless such Insured ac- lation (including but not limited to building and all reasonable aid in any such action or proceeding, quires title to said estate or interest in satisfaction zoning ordinances) restricting or regulating or pro- in effecting settlement, securing evidence, obtaining of said indebtedness or any part thereof. hibiting the occupancy,use or enjoyment of the land, witnesses, or prosecuting or defending such action 9. SUBROGATION UPON PAYMENT or regulating the character, dimensions, or location or proceeding, and the Company shall reimburse the of any improvement now or hereafter erected on said Insured for any expense so incurred. OR SETTLEMENT land, or prohibiting a separation in ownership or a Whenever the Company shall have settled a claim reduction in the dimensions or area of any lot or 5. NOTICE OF LOSS—LIMITATION OF ACTION under this policy, all right of subrogation shall vest parcel of land. in the Company unaffected by any act of the Insured, (b) Governmental rights of police power or In addition to the notices required under para- and it shall be subrogated to and be entitled to all eminent domain unless notice of the exercise of such graph 4(b), a statement in writing of any loss or rights and remedies which the Insured would have rights appears in the public records at the date damage for which it is claimed the Company is liable had against any person or property in respect to such hereof. under this policy shall be furnished to the Company claim had this policy not been issued.If the payment (c) Title to any property beyond the lines of within sixty days after such loss or damage shall have does not cover the loss of the Insured,the Company the land expressly described in Schedule C, or title been determined and no right of action shall accrue shall be subrogated to such rights and remedies in to streets, roads, avenues, lanes, ways or waterways to the Insured under this policy until thirty days the proportion which said payment bears to the on which such land abuts, or the right to maintain after such statement shall have been furnished, and amount of said loss. If loss should result from any therein vaults,tunnels, ramps or any other structure no recovery shall be had by the Insured under this act of the Insured,such act shall not void this policy, or improvement or any rights or easements therein policy unless action shall be commenced thereon but the Company,in that event,shall be required to unless this policy specifically provides that such within five years after expiration of said thirty day pay only that part of any losses insured against here- property,rights or easements are insured,except that period. Failure to furnish such statement of loss or under which shall exceed the amount,if any,lost to if the land abuts upon one or more physically open damage,or to commence such action within the time the Company by reason of the impairment of the streets or highways this policy insures the ordinary hereinbefore specified, shall be a conclusive bar right of subrogation.The Insured,if requested by the rights of abutting owners for access to one of such against maintenance by the Insured of any action Company, shall transfer to the Company all rights streets or highways, unless otherwise excepted or under this policy. and remedies against any person or property neces- excluded herein. sary in order to perfect such right of subrogation,and (d) Defects, liens, encumbrances, adverse 6. OPTION TO PAY, SETTLE OR shall permit the Company to use the name of the claims against the title as insured or other matters COMPROMISE CLAIMS Insured in any transaction or litigation involving (1) created, suffered, assumed or agreed to by the such rights or remedies. Insured claiming loss or damage; or (2) known to The Company shall have the option to pay or settle If the Insured is the owner of the indebtedness the Insured Claimant either at the date of this policy or compromise for or in the name of the Insured any secured by a mortgage covered by this policy, such or at the date such Insured Claimant acquired an claim insured against or to pay the full amount of Insured may release or substitute the personal liabil- estate or interest insured by this policy and not shown this policy, or, in case loss is claimed under this ity of any debtor or by the public records, unless disclosure thereof in policy by the owner of the indebtedness secured by guarantor,or extend or otherwise writing by the Insured shall have been made to the a mortgage covered by this policy,the Company shall modify the terms of payment,or release portion of Company prior to the date of this policy; or (3) have the option to purchase said indebtedness; such the estate or release any interest from the lien of thea mortgage, resulting in no loss to the Insured Claimant; or (4) purchase, payment or tender of payment of the full ny collateral security for the indebted- attaching or created subsequent to the date hereof. amount of this policy, together with all costs, attor- ness, provided such act does not result in any loss (e) Loss or damage which would not have been neys' fees and expenses which the Company is obli- °f priority of the lien of the mortgage. sustained if the Insured were a purchaser or encum- gated hereunder to pay, shall terminate all liability 10. POLICY ENTIRE CONTRACT brancer for value without knowledge. of the Company hereunder.In the event,after notice of claim has been given to the Company by the Any action or actions or rights of action that the (f) Any "consumer credit protection," Insured, the Company offers to purchase said in- Insured may have or may bring against the Company "truth in lending"or Similar law. 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 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 waived or changed except by writing endorsed hereon 7. PAYMENT OF LOSS (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 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 oe given the Company interest in said land; or (2) for such action as may upon the Insured in litigation 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,and 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 on 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.