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California Land Title Association •
Standard Cgverage Policy Form A ME
Copyright 1963 1j ,
) 77
POLICY OF TITLE INSURANCE
;SSUED 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,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
BY PRESIDENT
E
� ATTEST SECRETARY
Form No. 1084-2
California Land Title Association
Standard Coverage Policy Form �ry —ry
• Copyright 1963 / / g t
SCHEDULE A
Total Fee for Title Search,Examination
and Title Insurance$ 534.1.9
Amount$ 221,629,85 Policy No. OR-1072498
Central City Park
CC-140
Effective Date December 29, 1971 at 8:00 A.M.
Insured
CITY OF HUNTINGTON PEACH,
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
•Form No.1084-3
California Land Title Association
Standard Coverage Policy Form 1797
Copyright 1963
SCHEDULE B OR-1072498
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, first install-
ment $1901.43, delinquent, penalty $114.08; second installment $1901.43;
Code Area 04-010, A. P. No. 111-010-36.
2. A Sale to the State of California for General and Special Taxes for
the fiscal year 1969-1970, and subsequent delinquencies. Amount to redeem
prior to January 1, 1972, $7296.98; Code Area 04-010, A. P. No. 111-010-36.
3, The Reservation of the Southerly 30 feet of said land for roads, rail-
roads and ditches, as reserved in the deed from Alfred Robinson, Trustee,
recorded March 13, 1885 in Book 137, page 203 of Deeds.
4, A Right of Way for pipe lines, telephone and telegraph lines over and
through, under or along the Northerly 16.5 feet of the Southerly 46.5 feet
of said land, as conveyed to Standard Oil Company by deed dated June 14,
1921 and recorded in Book 400, page 229 of Deeds.
5. The Terms, provisions, covenants, conditions, restrictions and ease-
ments as set forth in the Joint Use Agreement, executed by Standard Oil
Company of California and City of Huntington Beach, a political subdivision,
recorded November 29, 1971 in Book 9905, page 115 of Official Records, to
which record reference is hereby made for full particulars.
3
• Form No. 1056-4 ) 7'F 7
• All Policy Forms !
SCHEDULE C. OR-1072498
'i 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 East 10 acres of the West 30 acres of the Southwest quarter of the Southwest
quarter of Section 26, Township 5 South, Range 11 West, S.B.B.& M. partly in
the Rancho Las Bolsas and 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, California.
Excepting therefrom all oil, gas, hydrocarbon substances and other minerals
within or underlying and which may be produced, extracted and saved from said
land provided, however, that the surface and 500 feet vertically in depth from
the surface of said land shall not be used for the exploration, development,
extraction or removal of said minerals or substances from said land or other
lands, as reserved by Kathleen Kraemer and others in deeds recorded May 8, 1968
in Book 8595, pages 531 and 533 of Official Records.
LJH.amcd 4
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C
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1737
-I Title Company
s Map Is For ImQrloation Only And Is Not A Part of This Title Evidence.
' �„
Califorwa Land Title Association
Standard Coverage Policy Form
Copyrigyh�t�1963
Form 1 Z
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, specifirli 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
structive 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 cov- 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 hereunder 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
f in no case prejudice the claim of any Insured unless the Company to the 'insured owner of the indebted-
If an insured owner o age described f Schedule B acquires said the indebtedness secured by the Company shall be actually prejudiced by such ness secured by such mortgage, except as provided
a mortgage 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 g. LIABILITY NONCUMULATIVE
an insurance contract or guaranty insuring or guaran- as insured; and the Company may take any appro-
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 ule 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 sball 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 OR SETTLEMENT
of any improvement now or hereafter erected on said Insured for any expense so incurred.
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 liafifl-
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 guarantor,or extend or otherwise
by the public records, unless disclosure thereof in policy by the owner of the indebtedness secured by modify the terms of payment,or release a portion of
writing by the Insured shall have been made to the a mortgage covered by this policy,the Company shall the estate or interest from the lien of the mortgage,
Company prior to the date of this policy; or (3) have the option to purchase said indebtedness; such or release any collateral security for the indebted-
resulting in no loss to the Insured Claimant; or (4) purchase, payment or tender of payment of the full ness, provided such act does not result in any loss
attaching or created subsequent to the date hereof. amount of this policy, together with all costs, attor- of priority of the lien of the mortgage.
(e) Loss or damage which would not have been neys' fees and expenses which the Company is obli-
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 Any action or actions or rights of action that the
of claim has been given to the Company by the Insured may have or on brit against the that
an
(f) Any "consumer credit protection," Insured, the Company offers to purchase said in- y y g g 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
transfer and assign said indebtedness and the mort- covered by this policy or the title of the estate or
gage4. DEFENSE AND PROSECUTION OF ACTIONS men ns of this policy.securing the same to the Company upon pay- interest insured herein must be based on the provi-
sio
—NOTICE OF CLAIM TO BE GIVEN ent of the purchase price. No provision 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 7• PAYMENT OF LOSS 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 be 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.