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HomeMy WebLinkAbout1974-08-10 - Grant WHITE, VERDA F HANCOCK, SAMUEL J & WM H RECORDING REQUESTED BYO 28610 P # 2 4-166-17 f BK 1 1232PG 18M $4.00 AND WHEN RECORDED MAIL TO DOCUMENTARY Name City of Huntington Beach �' CALIfARN1A cou TAX StfOet Office of the City Clerk <_ 2A L ♦® Address P.O. BOX 190 o v p 36,14 w 6 o. 5 O `Sae Huntington Beach, CA 92648 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Name F DOCLIMENTARY TRANSFER TAX $...._._Q'.` .d................................... Same as above 1YCOMPUTED ON FULL VALUE OF PROPERTY CONVEYED, Street OR COMPUTED ON FULL VALUE LESS LIENS AND Address / NCUM5*NCES REMAINING AT TIMtE OF SALE. City a t"�t L. -A�— State I I 3 r Sig of Declara#rlor Agent determining tax. Firm Name f— J City of Huntington Beach RECORDED AT REQUEST OF FIRST AMER. TITLE INS. CO. IN OFFICIAL RECORDS OF 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, L WY LIE CARLYLE,County Rew rda Verda F. White , Samuel J. Hancock and William H. Hancock, in equal shares as their separate property hereby GRANT(S) to Parking Authority of the City of Huntington Beach the following described real property in the County of Orange , State of California: Lots 7 and 8 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. E, EXCEPTING therefrom all oil , gas and other hydrocarbon t. 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 sub- stances . EXCEPTING ALSO all right , title and interest now belong- ing 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 A" , each dated August 21 , 19S4 , executed by Samuel L. Hancock as to said land, and by others as to other land, as lessors , and by 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 , as modified by an instrument dated February 21 , 1955 , j executed by Samuel L . Hancock and another , as "lessors" , and Jack B . Crawford, as "lessee" , recorded March 21 , 1955 , in Book 3003 , Page 255 , in Official Records of said County. a�..a,o.,-1— w I— wrruiri UFFIU ,�AL, instrument and acknowledged tha executed the same. JAKM NOTARY 1 UNX•CAL.WORIIpA WI ESS my hand and cial seal. AIAMEDA COUNTY ,.�, MY Commission Expires ism 2Y,f 977Signature ' [11 Name (Typed OrPrinted) (This area for official notarial seat) Title Order No. Escrow or Loan No.— MAIL TAX STATEMENTS AS DIRECTED ABOVE } S t A M E Form No.1084(10/73) c 9 California Land Title Association � Standard Coverage Policy Form 4 Copyright 1973 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN 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. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY PRESIDENT ATTEST SECRETARY Form No.1084—A CLTA Standard Coverage Policy Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 271.00 Amountof Insurance: $ 55,000.00 Policy No. OR-1080609 Date of Policy: August 30, 1974 at 8:00 A. M. 1. Name of Insured: PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH. 2. The estate or interest referred to herein is at Date of Policy vested in: PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 Form No.1084—B CLTA Standard Coverage Policy Copyright—1973 SCHEDULE B OR-1080609 Page 3 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 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. 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 as- certained 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 C, 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 here- under; (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 encumbrancer for value without knowledge. Part Two: See attached following pages for Part Two. I OR-1080609 Page 4 1. General and Special Taxes including mineral rights taxes for the fiscal year 1974-1975 a lien not yet payable. F 2. (a) Community Oil and Gas Lease known as "Original East Huntington Beach V Community Oil and Gas Lease", dated August 21, 1954 executed by b Ann Thomas, as to Lots l 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. R 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 upon 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. (b) 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, 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 21, 1955 by and between Grace L. Shaw, a widow and SamuelL. Hancock, as "lessors" and Jack B. Crawford as "lessee", modifying said lease. The leasehold estates created by the said Community Oil and Gas Leases insofar as they affect said land are subject to the following: (1) 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. I OR-1080609 Page 5 (2) An Assignment dated January 13, 1955, executed by Richard E. Gardner and Ernestine H. Gardner to Jack B. Crawford of all their right, title I� 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. Rosemary G. Gardner, wife of Richard E. Gardner, joins in and ratifies said assignment by a document recorded April 15, 1955 in book 3022, page 473, Official Records. (3) 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 0il 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 provisions as therein set forth, recorded April 6, 1955 in book 3022, h page 95 of Official Records, to which record reference is made for full particulars. Recorded September 18, 1962 in book .6253, page 637, Official Records is a Quitclaim Deed and Surrender dated March 29, 1960 executed by Jack B. Crawford 0il Producer, a partnership, Jack B. Crawford, Walter M. Crawford, 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. Crawford Oil Producer, Walter M. Crawford, Donald Crawford and A. E. Hiles. (4) 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 interest 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 full particulars. (5) 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 OR-1080609 Page 6 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 l 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 contained 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) . (6) 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, successor to California Bank, a corporation, 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 322, Official Records, insofar and to the extent that said lease covers and includes all oil, gas and other hydrocarbon substances underlying Lots l to 6 inclusive in said Block 102 together with all oil, gas and other hydrocarbon substances underlying the 'portion of the Northeasterly 1/2 of Ocean. Avenue adjoining 1 OR-1080609 Page 7 said lots, and together with all oil, gas and other hydrocarbon substances underlying that portion of the Northwesterly 1/2 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 1/2 of Ocean Avenue adjoining said Lots, and all oil, gas and other hydrocarbon substances underlying that portion of the Southeasterly 1/2 of Third Street adjoining, (together with other property) . Recorded August 31, 1956 in book 3212, page 460 of Official Records is an assignment 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. (7) 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 Steel Corporation, formerly Bethlehem Supply Company, a corporation, 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 instrument substituting Title Insurance and Trust Company, a corporation, as trustee under said Deed of Trust in place and stead of W. A. MacMullen. (8) 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 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 OR-1080609 Page 8 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. II (9) 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, Lost 1 through 10 inclusive in Block 102, Huntington Beach Tract, as shown on a Map recorded in Book 3, page 36 of Miscellaneous Maps, and the Oil and Gas Lease covering said real property recorded in Book 2897, page 332 of Miscellaneous Records, of Orange County, together with other property. (10) A Quitclaim deed dated June 1, 1962, recorded June 1, 1962, in Book 6130, page 887 of Official Records and a Bill of Sale dated June 1, 1962, recorded June 1, 1962 in Book 6130, page 892 of Official Records, both executed by United States Petroleum Corporation, a corporation, conveying and quitclaiming to J. C. Copeland and Associates, the property as described in the last mentioned Quitclaim deed and Bill of Sale, together with other property. The records do not disclose the source of the interest acquired by said grantor. (11) 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 improvements and personal property appurtenant thereto etc., recorded May 10, 1963 in Book 6543, page 914 of 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. (12) A Quitclaim deed dated May 10, 1963, executed by J. C. Copeland, also known as J. C. Copeland and Associates, to Industrial Development OR-1080609 Page 9 i iAssociates, a partnership, 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 o$ removed from the lands and leasehold estates described in Exhibit "A" attached thereto, together with any and all agreements of every kind pertaining to said oil, gas and other hydrocarbon and mineral substances etc., recorded May 10, 1963 in book 6544, page 580 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, (together with other property) . (13) 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 assignments 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. (14) The consequences of any final adjudication that any assignments of said Oil and Gas leases where overriding royalties alties were reserved were not in fact assignments but were subleases. (15) A Deed of Trust and Security Agreement (covering the leasehold estate created by said lease recorded in. book 3002, page 251 of Official Records, and other leasehold estates) to secure an indebtedness of $100,000.00, recorded August 27, 1973 in book 10872, page 184 of Official Records. Dated: August 20, 1973. Trustor: John A. Teberg. Trustee: United California Bank, a California corporation. Beneficiary: United California Bank, a California corporation. 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 1/4 section 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, f OR-1080609 Page 10 dated August 9, 1955, recorded August 26, 1955 in book 3189, page 466 of f Official Records [ 4. Resolution No. 12 of the Parking Authority for the City of Huntington Beach declaring that the Public Interest and necessity require the acquisition of the herein described and other land for Parking Purposes., and authorizing the acquisition of said land and other land by condemnation or negotiation, a certified copy of said Resolution was recorded December 8, 1969 in book 9157, page 332 of Official Records, to which record reference is made for full particulars. 5. Resolution No. 3081 of the City Council of the City of Huntington Beach, suspending the issuance of Building, plumbing, electrical, sign, grading and other permits in the parking authority project during the Pendency of Condemnation proceedings, a certified copy of said Resolution was recorded December 8, 1969 in book 9157, page 338 of Official Records, to which record reference is made for full particulars. 6. An Action commenced December 4, 1970 and now pending in the Superior Court, in and for the State of California, County of Orange, Case No. 179489, entitled Parking Authority of the City of Huntington Beach, Plaintiff, vs. Verda F. White and others, Defendants, to condemn said land for a public parking facility. Notice of the pendency of said action was recorded December 7, 1970 in book 9480, page 750 of Official Records. OR-1080609 LJH:ple Page 11 SCHEDULE C 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: Lots 7 and 8 in Blbck 102 of Huntington Beach, as shown on a Map recorded in book 3, page 3611, 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 ay 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. 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 A", each dated August 21, 1954, executed by Samuel L. Hancock as to said land, and by others as to other land, as lessors, and by Jack B. Crawford, as lessee, recorded March 21, 1955 in book 3003, page 251 of Official Records of said County, and April 1, 1955 in book 3018, page 40 of Official Records of said County, as modified by an instrument dated February 21, 1955, executed by Samuel L. Hancock and another, as "lessors", and Jack B. Crawford, as "lessee", recorded March 21, 1955 in book 3003, page 255 of Official Records of said County. TAX CODE AREAS 24—I6 ' 4.001 27 �-- Z /Sr, STREET '01• I I 1 I12 4 p 2 3 4 S 6 T 9 i 13 0 6 W � 8r; 14 1 13 g 13 2 17 2J 10 1 !% v t NLt STREET r < < f orOD 1 I 2 3 tT " 14 5 6 ` r 9 q n 15 n 6 4 16 _ _ W "• e 8 9 CIOI s 6 1 CIO I 9 10 I u 3 0 ( ° ,7 I 3 A 7H ° ea., 3 RD- STREET, First Am ric�Ttle Cam , �3 14 f`Iis Map Is For Information Only And Is Not A ga45);f This ritte Eve kM& MARCH 1940 M/NT%NGTON BEACH M. M. 3-36 NOTE — ASSESSOR'S BLOCK ASSESSOR'S MAP MARCH /966-67 HuAf?7h ,V BEACH, MAIN Sr SEC M. M. 3-43 B LOr NUMBERS BOOK 24 PAGE /6 SHOWN IN C/RCL£S couNTY OF ORANGE 3 � �� CONDITIONS AND STIPULATIONS (Continued from inside front cover) amount so paid shall be deemed a payment under 11. LIABILITY LIMITED TO THIS POLICY the Company for such insured, and all costs, this policy. The Company shall have the option to This instrument together with all endorse- attorneys' fees and expenses in litigation carried the payment of any such mortgage any amount ments and other instruments,if any,attached here- on by such insured with the written authorization that otherwise would be payable hereunder to the to by the Company is the entire policy and con- of the Company. insured owner of the estate or interest covered by tract between the insured and the Company. (c) When the amount of loss or damage has this policy and the amount so paid shall be deemed been definitely fixed in accordance with the con- a payment under this policy to said insured owner. Any claim of loss or damage, whether or not ditions of this policy, the loss or damage shall be this policy. The Company shall have the option to based on negligence, and which arises out of the payable within 30 days thereafter. apply the payment of any such mortgage any status of the lien of the insured mortgage or of the amount that otherwise would be payable hereunder title to the estate or interest covered hereby, or 7. LIMITATION OF LIABILITY to the insured owner of the estate or interest cov- any action asserting such claim,shall be restricted No claim shall arise or be maintainable under ered by this policy and the amount so paid shall be to the provisions and conditions and stipulations of this policy(a)if the Company,after having received deemed a payment under this policy to said insured this policy. notice of an alleged defect,lien or encumbrance in- owner. No amendment of or endorsement to this sured against hereunder, by litigation or other- The provisions of this paragraph 9 shall not policy can be made except by writing endorsed wise, removes such defect, lien or encumbrance or apply to an owner of the indebtedness secured by hereon or attached hereto signed by either the establishes the title,or the lien of the insured mort- the insured mortgage, unless such insured acquires President, a Vice President, the Secretary, an gage, as insured, within a reasonable time after title to said estate or interest in satisfaction of said Assistant Secretary,or validating officer or author- receipt of such notice;(b) in the event of litigation indebtedness or any part thereof. ized signatory of the Company. until there has been a final determination by a No payment shall be made without producing court of competent jurisdiction,and disposition of 10. SUBROGATION UPON PAYMENT OR this policy for endorsement of such payment un- all appeals therefrom,adverse to the title or to the SETTLEMENT less the policy be lost or destroyed, in which case lien of the insured mortgage, as insured, as pro- Whenever the Company shall have paid or proof of such loss or destruction shall be furnished vided in paragraph 3 hereof; or (c) for liability settled a claim under this policy, all right of sub- to the satisfaction of the Company. voluntarily admitted or assumed by an insured rogation shall vest in the Company unaffected by without prior written consent of the Company, any act of the insured claimant, except that the 12. NOTICES, WHERE SENT owner of the indebtedness secured by the insured All notices required to be given the Company 8. REDUCTION OF INSURANCE; TERMINA— mortgage may release or substitute the personal and any statement in writing required to be fur- TION OF LIABILITY liability of any debtor or guarantor, or extend or nished the Company shall be addressed to it at its All payments under this policy, except pay- otherwise modify the terms of payment, or re- home office at 421 North Main Street,Santa Ana, ment made for costs,attorneys'fees and expenses, lease a portion of the estate or interest from the California, 92701, or to the office which issued shall reduce the amount of the insurance pro tanto; lien of the insured mortgage, or release any this policy. provided,however,if the owner of the indebtedness collateral security for the indebtedness, provided p such act occurs prior to receipt by such insured secured by the insured mortgage is an insured here- of notice of any claim of title or interest adverse under,then such payments,prior to the acquisition to the title to the estate or interest or the priority of title to said estate or interest as provided in of the lien of the insured mortgage and does not paragraph 2 (a) of these Conditions and Stipula- result in any loss of priority of the lien of the in- tions,shall not reduce pro tanto the amount of the sured mortgage. The Company shall be subrogated insurance afforded hereunder as to any such in- to and be entitled to all rights and remedies which sured, except to the extent that such payments such insured claimant would have had against any reduce the amount of the indebtedness secured person or property in respect to such claim had this by such mortgage. policy not been issued, and the Company is here- Payment in full by any person or voluntary by authorized and empowered to sue,compromise satisfaction or release of the insured mortgage shall or settle in its name or in the name of the insured terminate all liability of the Company to an insured to the full extent of the loss sustained by the Com- owner of the indebtedness secured by the insured pany. If requested by the Company, the insured mortgage, except as provided in paragraph 2 (a) shall execute any and all documents to evidence hereof. the within subrogation. If the payment does not 9. LIABILITY NONCUMULATIVE cover the loss of such insured claimant,the Com- pany shall be subrogated to such rights and reme- lt is expressly understood that the amount of dies in the proportion which said payment bears to insurance underthis policy,as to the insured owner the amount of said loss,but such subrogation shall of the estate or interest covered by this policy,shall be in subordination to an insured mortgage. If loss be reduced by any amount the Company may pay should resultfrom any act of such insured claimant, under any policy insuring (a) a mortgage shown or such act shall not void this policy, but the Com- referred to in Schedule B hereof which is a lien pany, in that event, shall as to such insured on the estate or interest covered by this policy, claimant be required to pay only that part of any or (b) a mortgage hereafter executed by an insured losses insured against hereunder which shall exceed which is a charge or lien on the estate or interest the amount, if any,lost to the Company by reason described or referred to in Schedule A, and the of the impairment of the right of subrogation.