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HomeMy WebLinkAbout1974-05-16 - Grant CLARK, PEARL V and NATHANIEL A 1 I 164Ps RECORDING REQUESTED BY I I #Y 540 1° A. P. of-16o-03 AND WNEN RECORDED MAIL TO FREE RECORDING REQUESTED BY SAfECO TITLE INS. CO. Name City of Huntington Beach RECORDED tN OFFICIAL RECORDS Street City Clerk OF ORANGE COUNTY, CALIFORNIA Address 2000 Main Street Min. 11 AM. J U N 6 1974 -- City a Huntington Beach, CA 92648 �? Past StateL _ J.WYLIE CARLYLE,County llecorder SPAC IISE MAIL TAX STATEMENTS TO Name F DOCUMENTARY TRANSFER TAX $....eXeMpte.................................. Same as above — COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, f�1 Street OR COMPUTED ON FULL VALUE LESS LIENS AND Address /�:,OtAENCUMBRANCES REMAINING AT TIME OF SALE. City a 16r�G State L I Signature of Declara or ent de e iRdffilant Name �J City of Huntington Beach AllCia M. Wentworth City Clerk Grant Deed 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, Pearl V. Clark, a widow l Nathaniel A. Clark, a married man as his separate property hereby GRANT(S) to the City of Huntington Beach, a municipal corporation the following described real property in the County of Orange , State of California: The South one-half of the East one-half of the Northeast quarter of the Southwest quarter of the Northeast quarter and the East one-half of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 34 , in Township 5 South, Range 11 West , San Bernardino Base and Meridian, in the City of Huntington Beach, in ( the County of Orange, State of California . Excepting therefrom 50% of all oil, gas , minerals and other hydrocarbon substances or byproducts or other derivatives therefrom at a level below 500 feet from the surface thereof without any right of surface entryt, as reserved by Pearl V. Clary, a widow; and excepting therefrom 8% of all oil, gas, minerals and other hydrocarbon substances or byproducts or other der- ivatives therefrom at a level below 500 feet from the surface thereof without any right of surface entry, as reserved by Nathaniel A. Clary, a married man D Dated MAY 16 , 1974 04,Om i ll+ Pearl V. Clark STATE OF CALIFORNIA ) + COUNTY OF Sonoma }SS. " zzgto� Z�� On May 16 , 1974 before me, the under- Na than l e t A. 4ar sinned, a Notary Public in and for said State, personally appeared 4 PEARL V . CLARK known to me to be the person whose name 1 S subscribed to the within instrument and acknowledged that executed the same. aP -OFFICIAL SEAL WITNESS my hand an fficial seal p GENE WALKER 0,/ )I wad ;T NOTARY PUBLIC-CALIFbRNIA s� ter; SvNOMA COUNTY Signature My Commission Expires Mar.1G 1�i ate, 12740 Bodega Highway,, Sebastopol, CA. 95472 Name (Typed or Printed) (This area for official notarial seat) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE BK r 164PG $7 City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated May 16, 1974 from Pearl V. and Nathaniel A. Clark 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 : May 30, 1974 CITY OF HUNT INGTON BEACH ALICIA M. WENTWORTH City er r r: B y: STATE OF.CALIFORNIA ., � Y COUNTY OF Orange } SS' /sue • On May n before me, the undersigned, a Notary Public in and for said County and State, personally appeared FOR NOTARY SEAL OR STAMP o w known to me vto be the person- whose name----is--subscribed to theOFFI IAI. . LE ROY W v within instrument and acknowledged t at be executed the19 sam NOTARY iZ A4yCorn"TJ,,•var.xj' n Name (Typed or Printed) N �= Notary Public in and for said County and State I 285 •APECO 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. _ 0 /� a�9CN • President Secretary tt „;» 4p»-V G P-21$ (G.S.) REV. $-73 ®$afeco Insurance Company of America,Repbbrod Trademark owner. T P-219-A(G Rev.a • + California Land Title Association Standqrd Coverage Policy—1973 SCHEDULE A Date of Amount of Insurance: $ 216,000.00 Policy No: 409815 Policy: June 6, 1974 at 11:33 A.M. Charge$ 697.25 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. 4. The land referred to in this policy is situated in the State of California Count of p v v Orange and described as follows: The South one-half of the East one-half of the Northeast quarter of the Southwest quarter of the Northeast quarter and the East one-half of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 34, in Township 5 South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, in the County of Orange, State of California. EXCEPTING THEREFROM 50% of all oil, gas, minerals and other hydro- carbon substances or by products or other derivatives therefrom at a level below 500 feet from the surface thereof without any right of surface entry, as reserved by Pearl V. Clark, a widow; and except- ing therefrom 48% of all oil, gas, minerals and other hydrocarbon substances or by products or other derivatives therefrom at a level -continued SCHEDULE A (continued) below 500 feet from the surface thereof without any right of surface entry, as reserved by Nathaniel A. Clark, a married man, as his separate property. ALSO EXCEPTING 2% of all oil, gas, minerals and other hydrocarbon sub- stances or by products or other derivatives therefrom at a level below 500 feet from the surface thereof without any right of surface entry, as reserved by Edith B. Crowley, a married woman as her separate property. I, P-218-B (G.S.) Rev. 8-73 ' California Land Title Association lip 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) C:d P-218-8B(G.S.)Rev..8-73 California Land Title Association • Standard Coverage Policy-1973 PART II 1. Taxes for the fiscal year 1974-75, a lien, not yet payable. 2. A reservation of the Southerly 20 feet of said land for roads, railroads and ditches; also the use and control of cienegas `and natural streams of water, 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 the adjacent land, as provided in deeds of re- cord. 3. Conditions and restrictions contained in the deed from Huntington Beach Company, a corporation, to Jessie M. Clark, dated January 18, 1916, and recorded in book 152, page 312, Deeds, records, of said Orange County. ©M NOrE' ASSESSOR'S BLOCK a ASSESSOR'S MAP MARCH /95/ rR NO. 52 M. M. 9 -it PARCEL NUMBERS BOOK 11Q PAGE 15 MARCH 1969-Tt?-71 SHOWN IN CIRCLES COUNTY OF ORANGE E.//2, SW. 114, NE.1/4, SEC. 34, T 5 5 R. 11V1 110 - 16 !7 f$ a 20 T YO A.C. �C 1. 5 AC. r w 0 � ! a.r 1 //I• //1'.2 I.' y I/a• ./a. o /ia•. //a. "' / ♦ ~ t e a a 1 6 ,Y 23. i l Ps.l6:•2 ry tV w `►; /� 6n '24 " 'n 2. 3 2 Pill �22; . 2 ij., ki 3 r 3 to 3 s h 4) I 4t ,20' �4� ♦ f21`, k S s fN S S' d 3) Y i i sslae (2O I fg 7� tg� 7j i 'I$� 7) !B; l� i :il; lid IS) \ h +sa 9) els t15' Q, s f10 T'r 13 > 101 P !9 IS:' �• �p �i! t5; x jfll ��p� Q ({O� I51 11) i♦ 014` V 38 114 m II 1 I4,• Q 1111 j�jy ten,), -- l� /f,Y6 �I II1 74; • �{ - �.• sa,ti. � 13` �' 12•. �Y� ♦ 3Tr4P / +� CHERRY t/ .�__ �.• �� 1/a. //a. f3i a s.• �, 12) /w /.a. �13,' a mil) S rREEr 5 - - MARCH 1951 rR NO. 44 At.A( 9-45 NOT£ — ASSESSOR'S BLOCK& ASSESSOR'S MAP 3549 MARCH 1969-70-7/ PARCEL NUMBERS 800KI10 PAGE 16 SHOWN /N CIRCLES COUNTY OF ORANGE SECURITY TITLE IKSURANCE COMPANY THIS.FLAT IS NISERTRIF AS A MATTEN'of INFORMATION ONLY,ANO.MNILE NE SRAM IS COWN,19 TOM IMFMMMTION.MHICN ME RSIFTYT TO OE CORRf6T NO L{AOLLily IS MSYMEO.IT THIS Ceww AS TO.INS COMMCTIMSS OF SAID NITS+RMA410N r r 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 8. 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 therein 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- Payment in full by any person or vol from any act of such insured claimant, 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-ity of the Company to an insured owner insured claimant be required to pay only of the indebtedness secured by the insured that part of any losses insured against 6. DeettLossermination and Payment of mortgage, except as provided in paragraph he sunder to theexceed dbthe reason of 2(a) hereof. subrogation. the impairment of the right of subro (a) The liability of the Company g g under this policy shall in no case exceed the least of 9. Liability Noncumulative 11. Liability Limited to this Policy (i) 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 b. interest covered b this policy, shall e entire policy and contract between the in Schedule A, or, if applicable, the Y P y' P Y e amount of insurance as defined in pars- 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, (b) The Company will pay, in ad- of the estate or interest covered by this the Secretary, an Assistant Secretary, or dition to any loss insured against by this policy and the amount so paid shall be validating officer or authorized signatory 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 by such insured with the written author- PP Y o rodent in which case proof of such loss ization of the Company. secured by the insured mortgage, unless or destruction shall be furnished to the P Y such insured acquires title to said estate or interest in satisfaction of said indebt- satisfaction of the Company. (c) When the amount of loss or dam- edness or any part thereof. age has been definitely fixed in actor- 12. Notices, Where Sent dance with the conditions of this policy, All notices required to be given the sthe loss or damage shall be payable with- 10. Subrogation Upon Payment or Company and any statement in writing I in 30 days thereafter. Settlement required to be furnished the Company 7. Limitation of Liability Whenever the Company shall have paid shall be addressed to it at the office Y 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 of the insured mortgage, as insured, with- of payment, or release a portion of the TITLE EXAMINATION AND TITLE in a reasonable time after receipt of such estate or interest from the lien of the INSURANCE. P-218 (G.S.) Rev. 8-73