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HomeMy WebLinkAbout1972-03-16 - Grant PECK, FLYNN ET AL B OF A 1 �. WHEN RECORDED, . 3CGK 0041 PAGE PA.EASE MAIL THIS INSTRUMENT TO FREE City of Huntington Beach Post Office Box 190OF r-- Huntington Beach, California RECORDED T REQUEST FIRST AMER.. TITLE INS. CO. S � IN OFFICIAL RECORDS OF Order No. �o0 3/S'9 4�� ORANGE COUNTY, CALIF. Escrow No. _ � 8:00 AM MAR 22 1972 1.826 Loan No. J.WYLIE CARLYLE,County Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO ABOVE ADDRESSEE NO TRANSFER TAX STAMPS REQUIRED PLACE INTERNAL REVENUE STAMPS IN THIS SPACE -' GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DOROTHY T. PECK FLYNN, who acquired title as Dorothy T, Peck; BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under the will of Aldrich R. Peck, deceased, and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustees under the written declaration , do hereby thereof by Carrie A. Peck, --:r GRANT to f` CITY OF HUNTINGTON BEACH, a Municipal corporation, the real property in the City of Huntington Beach, County of Ora"* State of California,deouibed as: r That poi;ion of tlic� northeas"u- quarter of 't:��' - _ - i3o�`.,1�west (�,ila;^teY` of the North- eaEt q7d2'tE'Y of 7CG`v1Or1 'y ToYi121:hip v �Clll _l, _ci.e 1 41eSt, in the Rancho Las �< Bolsas, as shown on e 14a p -Y'ecor ed in w ii 3Ci j t `roar ' :-14 Ol rdiscell.arieous Nia,s, 9. records of Or - L csr1F '.Ot) k. "r„1ifo1_..:ia, 6iESC7..iv E✓'d . ' _.,tif. F 1'Y.i3 iF ai; vlie uo.,, he s'` co-caer of 1i-or.`..=ieao l c;',, ,;r' er o- the 'OU hWEst quarter of the 1vovtheas ;;_ax c: ' of said 3.:.c-nor_ {;', said cornea° being the Northeast COrYii'1' O '°race- d`yr;J, -123Vv, a6 SnLr !'- t)T_ a Hap '-`-'corded in book 288, pages 22 and 23 of said li_ OF'ii.al f o lu 'Taloo, ``"a i: coa`ner eiso being a 'Point An the westerly line of Trac-t .a. 7005, a shown or a Ivtc-o recorded in Book 281 Pages 36, 37 and 38 Of said Misceilanf''Ou'5 ia—,)S j t.herLct along said Westerly line north 01" 15f r;2" x;. 3" 4'� toot t0 xl dt3C htiyE:it CO2 iCY' of i0v ll Of G tr+ at C 3. + said 'i'rac-'U o. j00.ri; t-he acc x oalfl . 88' -')4 i C. South 01' 15' 52" � st �. j a U�. e W <.0 J c� U1ll y ai JEC T i line of said I rac t !4'o. �'286, C" i d `JO i 3 l.'. tF Ci7 c t � �'r t pp e s 238.47 fe t %)O.?.ix:. Ja. _..°-.' 1i._;? ?"_"r.s -.'r L_ar,' c.i .C,✓_x k3aid 11ort;:.i i.lilF? i i North 880 5"1 1l-" �.at ' r F., �o 'G subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal Signature r Name(Typed or Printed) (This area for official notarial seal) t MAIL TAX STATEMENTS TO: SAME AS ABOVE — FORM 1002 Address Zip Code _ r r 1 J ._._:.�_,._ -•^_+:_woman-+�.... .. ., "7'� % aT 10047 PacE 29 , Dorothy T. Pec Flynn by Bank of America National Trust and Savings Association s .w m Assistant ice President _�. Trust At orney in Fact D. R. Mitchell Real Estate Administrato ` . Bank of America National Trust and Savings Trust Asso iation a Dated: March 14, 1972 Assistant Vice Pres'den - a D. R. Mitchell �rus STATE OF CALIFORNIA as Trustee under the Wi of r k,C dK: Fec st COUNTY OF Is.. , deceased On Bank of America National Trust and Savings before me, the undersigned, a Notary Public in and for said Associ ion .wv State, personally appeared B istan ice President- �4- as Trustees under 'a • M't he Trust B _ r the written declaration known to me to be the person whose name thereof by Carrie A. Peck subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal Signature a Name(Typed or Printed) (This area for official notarial seal) f MAIL TAX STATEMENTS TO: SAME AS ABOVE * FORM 1002 Address Zip Code 6 STATE OF CALIFORNIA ) +���� COUNTY OF LOS ANGELES) 9Lvf! j Pa On this 16thday of March 1972, before me the undersigned, 1 a Notary Public in and for said State, personally appeared G. M. Nesdq.'_e, known , to me to be an Assistant Vice President - Trust, and D. R. Mitchell, known to me to be a Real Estate Administrator - Trust, of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, and known to me to be the persons who executed the within instrument on behalf of said BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, the Association that executed and whose name is subscribed to the within instrument as the attorney-in-fact of Dorothy T. Peck Flynn thereto as principal and the name of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION as attorney-in-fact for said Dorothy T. Peck Flynn, and that said BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, executed the same as such attorney-in-fact. WITNESS my hand an official seal. OFFICIAL SEAL .e __... w a MAR` E GUEST _, NOTARY PoBLiC-CALIFORMA Notary Public in and for said County a �cs tiN �Es eou1 1 4(ICGny P My Commission Expires Sept.13,1974.-� and State lv1ARIE GUEST This area for official notarial seal. hLM Name (Typed or Printed) STATE OF CALIFORNIA l I� c COUNTY OF Los Angeles }ss. Bra 1004T pm 31 m 111 E On March 16, 1972 before me, the undersigned, a Notary Public in and for 0 k } said State, personally a SS S C ~ known to me to be the re i e t - Trustand D. R. Mitchell -' known to me to b the min istrator - Trust of the r t' t e cuted h within ' recent, as '£ Trustees under t e wr en ecafazion t` $t�f � '�arr A. ' Q and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- oknowledged to me that such corporation executed the within o instrument pursuant to its by-laws or a resolution of its bo &CL _= .�, � o directors, as Trustees „K;'^P OFFICIAL SEAL MARIE GUEST ! NOTARY PUBLIC-CALIFORNIA o WITNESS my hand and official seal. o o �'-',3 INGE'_ES COUNTY rq p+oa My Commission Expires Sept.13.1974 r 0 Signature s Name(Typed or Printed) (This area for official notarial seal) STA7;-OF CALIFORNIAl2� COUNTY OF Los Angeles }5s. s £ On March 16, 1972 before me, the undersigned, a Notary Public in and for 0 u m said State, personally ap eared known to me to be the resi en —, rUStand D. R. Mitchell C a s a e known to me to a the minlstrator — Trust of r ora' t uted the within instrumenta8 trustee t er the o rien K. �€��C'; d'�'r�ds5��, Qand known to me to be the persons who executed the within + instrument on behalf of the corporation therein named, and ac- J LL oknowledged to me that such corporation executed the within A instrument pursuant to its by-laws or a resolution of its board of a `o directors? as Trustee �,of, OFFICIAL SEAL '"-"' �` I��ARIE GUEST T s o WITNESS my hand and official seal. J ata \� NOYAPYPUBLIC-CALIFORNIA ' Cl)l �- = • A Lfi:i ANGELES COUNTY E J ca�, pN+P My Commission Expires Sept.13,1974 + LL Signature k MIE GUW • Name(Typed or Printed (This area for official notarial seal) V 0 Efa 32 City o Huntington it f Hunti ton Beach Y— P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 14 , 1972 from Dorothy T . Peck Flynn by Bank of America National Trust and Savings Association , Bank of America National Trust and Savings Association as Trustee under the will of Aldrich R. Peck , deceased , and Bank of America National Trust and Savings Association as Trustees under the written declaration thereof by Carrie A. Peck , Grantors , to the City of Huntington Beach , a Municipal Corporation , is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by resolution of the City Council of the City of Huntington Beach adopted on June 3 , 1968 , and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF-HUNTINGTON BEACH Brander D. Castle Assistant City Administrator Dated: March 21 , 1972 California Land Title Association Standard Coverage Policy Form A M E Copyright 1963 S R J C 4`` �' — +•''_L 9 A s POLICY OF TITLE INSURANCE 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, 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 RrGyided 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. Unmarketabi14, such title; or 3. Any defect m'`'I'f`ie 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 n>artgage 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 sea.-to be hereunto affixed by its duly authorized officers, on the date shown in Schedule A. jr First American Title Insurance Company r IT BY PRESIDENT ATTEST SECRETARY . ,. 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NMI o: a O q} \ .• {`: ;� ........... ............. . .......... ......... .............. .............. .. .......... .............. ............... 07 .? , Ut• 2r. hs: a:a'::" ':fi1. .A..... ,. { to k ✓:♦ +-•,..:..K.hw ........... is 3.. � :a, ''vx, :;$: r'• . ... . ... \,n. .• Y1`�aT � Pat• -.. „n^CC�,�MCwV'CC(�\t i,\:�\.:.,h�M'�^ .,. �f•i•CA �,.�aK.„ \ } , . ` 'California land Title Aaodation � p Standard Coverage Policy Form CopyrigQh�t 1%3 Form 11 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS T1te 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 to to final determination in the court of last tesort. 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) "lmowledge": 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- ee(f) "insured": the party or parties named as or if the successful bidder at a foreclosure sale under ments made for costs, attorneys' fs 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 Inured 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 in no case prejudice the claim of any Insured unless the Company to the insured owner of the indebted- If an insured owner of the indebtedness secured by 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 S. 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 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 g, 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 S. 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 la a 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 inured against or to pay the full amount of Insured may release or substitute the personal lialiil- 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 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 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 writingendorsed hereon undue ) h Co provide, ( ) for the de at its own cost fense ithout the or attached hereto signed by the President, a Vice y (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.