HomeMy WebLinkAbout1973-08-21 - Grant HOLTZ, JOSEPH L, JR A.P. No. 153-111-13
'RECORDING REQUESTED BY23066
•
CITY OF HUNTINGTON BEACH
BX 10564P6 322
AND WHEN RECORDED MAIL TO ME
RECORDED IN OFFICIAL RECORDS
Name F_ City Clerk
OF ORANGE COUNTY, CALIFORNIA
�
City of Huntington Beach 9:05 A.M. AUG 22 1973
Address P .O. Box 190
City & Huntington Beach, Calif. k- J.WYLIE CARLYLE,County Recorder
State L 92648
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO
Name DOCUMENTARY TRANSFER TAX $............................................................
i _—COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
Street SAME _ '' OR COMPUTED ON FULL VALUE LESS LIENS AND
Address PI`' ENCUMBRANCES REMAINING AT TIME OF SALE.
City a
State I Signature of Declarant oT ixa"''6 i31,�f�C1�(��� `Name
L— 4 CITY OF HUNTI
� - --------
'1 Grant Deed ,, City Clerk
TO 405.1 CA (1.70) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOSEPH LEO HOLTZ , JR. , a single man,
hereby GRANT(S) to
CITY OF HUNTINGTON BEACH, a Municipal Corporation
the following described real property in the City of Huntington Beach
County of Orange , State of California:
The Southerly200 feet of the Northeast quarter of the
Northeast quarter of Section 1 , Township 6 South,
Range 11 West , San Bernardino Base and Meridian, in the
City of Huntington Beach, County of Orange, State of
California.
I
EXCEPTING all oil , petroleum, gas and other hydrocarbon
substances in and under said land, without any right of
entry onto the surface of said land or the upper 500
feet of the subsurface thereof.
Dated
2`i f 73
?JTOSEPH LEO HOLTZ , Jr .
STATE OF CALIFORNIA �Ss.
COUNTY OF Orange
On o �`3 before me, the under-
signed, a Notary �
Public in and for said State personally appeared
Joseph Leo Holtz fir.
P
rare■rarerraraarrrurraarrararurrrraarara
-� OFf K;IAt SEAL ■
known to me gas ■
is F`LOYD G. BELSITO
to be the person whose name subscribed to the within r s -
NOTARYhe :•-; NOTARY etracic
instrument and acknowledged that executed the same. a yc� PRINCIPAL O"tCE IN c
WITNESS my hand and official seal. a ORANGE COUNTY
My Commission Expires Mar. 10, 1974 ;
SignatureMr isare=srrrrraerrrrrarrrsrrrradaaraaaaaii
Name (Typed or Printed) (This area for official notarial sea))
Title Order No. Escrow or Loan No.
' MAIL TAX STATEMENTS AS DIRECTED ABOVE
` 108648
i
City of Huntington Beach
� P,A. BOX 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated August 21, 1973 from Joseph Leo Holtz, Jr.
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 No- 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer.
Dated : August 21, 1973 CITY OF HUNTINGTON BEACH
City Cleft
By:
n
SAFECO
TITLE
CLTA-1973 STANDARD COVERAGE
POLICY OF TITLE INSURANCE
issued by
SAFECO TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO
TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the
insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company
may become obligated to pay hereunder, sustained or incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as
stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one
physically open street or highway if the land, in fact, abuts upon one or more such
streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except
to the extent that such invalidity, or claim thereof, arises out of the transaction
evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said
mortgage being shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment
is shown in Schedule B.
-- �neeeeee.®e !
N fill
Of
President
Secretary i e`
An Au orized Signature
P-218 (G.S.) Rev. 8-73 0 Safece tnsarence Company of America,Registered Trademark owner.
vc
PCalifornia(Gan Rev. sso •
-73
aifor Land Title Association
Standard Coverage Policy-1973
SCHEDULE A
Date of Amount of Insurance: $ 20,000.00 Policy No: 402468
Policy: August 22, 1973 at 8:00 A.M. Charge $ 147.25
1. Name of Insured:
CITY OF HUNTINGTON BEACH, a municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
a fee
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF HUNTINGTON BEACH, a municipal corporation, by deed recorded
August 22, 1973 in book 10864, page 322, Official Records.
4. The land referred to in this policy is situated in the State of California, County of Orange
and described as follows:
The Southerly 200 feet of the Northeast quarter of the Northeast quarter
of Section 1, Township 6 South, Range 11 West, San Bernardino Base and
Meridian, in the City of Huntington Beach, County of Orange, State of
California.
EXCEPTING all oil, petroleum, gas and other hydrocarbon substances in
and under said land, without any right of entry onto the surface of said
land or the upper 500 feet of the subsurface thereof.
•
P-218-B (G.S.) Rev. 8-73
California Land Title Association
Standard Coverage Policy-1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any
or all of which arise by reason of the following:
PART I
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.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency 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 the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred
to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this
paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a
physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation
in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights
appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known
to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest
insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting
in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encum-
brancer for value without knowledge.
(Schedule B continued on next page of this Policy)
vc P-218-BB (G.S.) Rev. 8-73
California Title Association
-Standard Coverage Policy-1973
PART II
1. Takes for the fiscal year 1973-74, a lien not yet payable.
2. The Use and Control of cienegas and natural streams of grater, if any,
naturally upon, flowing across, into or by said described tract and
the right of way for and to construct irrigation or drainage ditches
through said tract to irrigate or drain theadjacent land, as reserved
in the deed recorded August 7, 1899, in book 30, page 181, Deeds.
3. An easement for roads, aqueducts, ditches, pipes, flumes or other
conducts of water, as reserved in the deed recorded March 9, 1903, in
book 85, page 56, Deeds, over the East 20 feet of said land.
4. An easement over that portion along the East line of said land
occupied by the ditch of the Talbert Drainage District, as reserved
by J. L. Worthy and ®wife by a deed recorded January 4, 19060, in
boob 119, page 251 Deeds,
5. An easement for roads, railroads and ditches, as reserved in the deed
recorded October 24, 1908, in book 161p page 330, Deeds, over the
East 25 feet of said land.
6. An easement for public utilities and incidental purposes as granted
to Southern California Edison Company, a corporation, in deed
recorded Decenber 90, 1955 in book 3310, page '59, Official Records,
over the South 150 feet of said land.
Reserving to the grantor the right to construct, use, maintain roads
and/or water pipe lines in, on, over and across the Westerly 80 feet
and the Westerly 80 feet of the East half of the land described in
the above mentioned easement.
7. An easement for public utilities and incidental purposes, as set forth
in the Final order of Condemnation recorded March 15, 1960, in book
5146, page 1380 Official Records, over the Northerly 50 feet of said
land.
8. An easement for road and incidental purposes as set forth in the
Final Order of Condemnation recorded March 15, 1960, in book 5146,
page 138, Official Records, over the Southerly 20 feet of the Northerly
30 feet of said land.
9. An easement for street and highway purposes over the East 30.00 feet
of said land as shown on a map filed in book 15, page 258, Parcel Maps
in the office of the County Recorder of orange County, California.
POR. NE 114 SEC I, T.6S., RI/W. t
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CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
pay or otherwise settle for or in the name notice; (b) in the event of litigation until insured mortgage, or release any collateral
of an insured claimant any claim insured there has been a final determination by security for the indebtedness, provided
against, or to terminate all liability and a court of competent jurisdiction, and such act occurs prior to receipt by such
obligations of the Company hereunder by disposition of all appeals therefrom, ad- insured of notice of any claim of title or
paying or tendering payment of the verse to the title or to the lien of the in- interest adverse to the title to the estate
amount of insurance under this policy sured mortgage, as insured, as provided or interest or the priority of the lien of
together with any costs, attorneys' fees in paragraph 3 hereof; or (c) for liability the insured mortgage and does not result
and expenses incurred up to the time of voluntarily admitted or assumed by an in any loss of priority of the lien of the
such payment or tender of payment by the insured without prior written consent of insured mortgage. The Company shall be
insured claimant and authorized by the the Company. subrogated to and be entitled to all rights
Company. In case loss or damage is and remedies which such insured claimant
claimed under this policy by the owner g. Reduction of Insurance; Termin- would have had against any person or
of the indebtedness secured by the insured ation of Liability property in respect to such claim had this
mortgage, the Company shall have the All payments under this policy, except policy not been issued, and the Company
further option to purchase such indebted- payment made for costs, attorneys' fees is hereby authorized and empowered to
ness for the amount owing thereon to- and expenses, shall reduce the amount of sue, compromise or settle in its name or in
gether with all costs, attorneys' fees and the insurance pro tanto; provided, how- the name of the insured to the full extent
expenses which the Company is obligated ever, if the owner of the indebtedness of the loss sustained by the Company
hereunder to pay. If the Company offers secured by the insured mortgage is an in- If requested by the Company, the insured
to purchase said indebtedness as herein sured hereunder, then such payments, shall execute any and all documents to
provided, the owner of such indebtedness prior to the acquisition of title to said evidence the within subrogation. If the
shall transfer and assign said indebtedness estate or interest as provided in paragraph payment does not cover the loss of such
and the mortgage and any collateral se- 2(a) of these Conditions and Stipulations, insured claimant, the Company shall be
curing the same to the Company upon shall not'reduce pro tanto the amount of subrogated to such rights and remedies
payment therefor as herein provided. Upon the insurance afforded hereunder as to any in the proportion which said payment
such offer being made by the Company, such insured, except to the extent that bears to the amount of said loss, but such
all liability and obligations of the Com- such payments reduce the amount of .the subrogation shall be in subordination to
pany hereunder to the owner of the in- indebtedness secured by such mortgage. an insured mortgage. If loss should result
debtedness secured by said insured mort- pmnt i full b anerson or vol- from any act of such insured claimant,
aye n y y p
gage, other than the obligation to 'pur- such act shall not void this policy; but the
chase said indebtedness pursuant to this untary satisfaction or release of the in- Company, in that event, shall as to such
paragraph, are terminated. sured mortgage shall terminate all liabil- insured claimant be required to pay only
ity of the Company to an insured owner
of the indebtedness secured by the insured that part of any losses insured against
6. Doettsermination and Payment of mortgage, except as provided in paragraph he eunder hoch shall exceed the the Company by reason of
2(a) hereof.(a) The liability of the Company the impairment of the right of subrogation.
under this policy shall in no case exceed the least of: 9. Liability Noncumulative 11. Liability Limited to this Policy
M the actual loss of the insured It is expressly understood that the This instrument together with all en-
claimant; or amount of insurance under this policy, as dorsements and other instruments, if any,
(ii) the amount of insurance stated to the insured owner of the estate or attached hereto by the Company is the
in Schedule a or, if applicable, the interest covered by this policy, shall be entire policy and contract between the
amount of insurance as defined in parr- reduced by any amount the Company may insured and the Company.
graph 2(a) hereof; or Pay under any policy insuring (a) a Any claim of loss"or damage, whether
mortgage shown or referred to in Schedule or not based on negligence, and which
(iii) if this policy insures the owner B hereof which is a lien on the estate arises out of the status of the lien of the
of the indebtedness secured by the insured or interest covered by this policy, or (b) insured mortgage or of the title to the
mortgage, and provided said owner is the a mortgage hereafter executed by an estate or interest covered hereby, or any
insured claimant, the amount of the un- insured which is a charge or lien on the action asserting such claim, shall be re-
paid principal of said indebtedness, plus estate or interest described or referred to stricted to the provisions and conditions
interest thereon, provided such amount in Schedule A, and the amount so paid and stipulations of this policy.
shall not include any additional principal shall be deemed a payment under this
indebtedness created subsequent to Date policy. The Company shall have the option No amendment of or endorsement to this
of Policy, except as to amounts advanced to apply to the payment of any such mort- Policy can be made except by writing en-
to protect the lien of the insured mortgage gage any amount that otherwise would dorsed hereon or attached hereto signed
and secured thereby. be payable hereunder to the insured owner by either the President, a Vice President,
of the estate or interest covered b this the Secretary, an Assistant Secretary, or
(on The Company will pay, in ad-his policy and the amount so aid shall be validating officer or authorized signatory
dition to any loss insured against by this P P
policy, all costs imposed upon an insured deemed a payment under this policy to of the Company.
in litigation carried on by the Company said insured owner. No payment shall be made without pro-
for such insured, and all costs, attorneys' The provisions of this paragraph 9 shall payment
this policy for endorsement of such
de-
fees and expenses in litigation carried on not apply to an owner of the indebtedness payment unless the policy be lost or loss
b such insured with the written author- PP Y o rodent in which case proof of such loss
Y secured by the insured mortgage, unless or destruction shall be furnished to the
ization of the Company, such insured acquires title to said estate satisfaction of the Company.
(c) When the amount of loss or dam- or interest in satisfaction of said indebt-
age has been definitely fixed in accor- edness or any part thereof. 12. Notices, Where Sent
dance with the conditions of this policy, All notices required to be given the
the loss or damage shall be payable with- 10. Subrogation Upon Payment or Company and any statement in writing
in 30 days thereafter. Settlement required to be furnished the Company
Whenever the Company shall have paid shall be addressed to it at the office
7. Limitation of Liability or settled a claim under this policy, all which issued this policy or to its Home
No claim shall arise or be maintainable right of subrogation shall vest in the Com- Office, 13640 Roscoe Boulevard, Panorama
under this policy (a) if the Company, pany unaffected by any act of the insured City, California 91409.
after having received notice of an alleged claimant, except that the owner of the in-
defect, lien or encumbrance insured debtedness secured by the insured mort- 13. THE CHARGE SPECIFIED IN
against hereunder, by litigation or other- gage may release or substitute the per- SCHEDULE A IS THE ENTIRE
wise, removes such defect, lien or encum- sonal liability of any debtor or guarantor, CHARGE FOR TITLE SEARCH,
brance or establishes the title, or the lien or extend or otherwise modify the terms TITLE EXAMINATION AND TITLE
of the insured mortgage, as insured, with- of payment, or release a portion of the
in a reasonable time after receipt of such estate or interest from the lien of the INSURANCE.
P-218 (G.S.) Rev. 8-73