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HomeMy WebLinkAbout1976-12-02 - Grant SOSS, JAMES M AND TITLE r RECORDING REQUESTED BY 31521 r r- �, AND WHEN RECORDED 1MOF F. UtT1sbOgEA -IE55 AT REQ UEST U n.ap-r RECORDED AT 11 OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO EX . E 8 3e TEUT Si. NAME F— IN OFFICIAL RECORDS OF ORANGE COUNTY, CALW. STREET City of Huntington Beach ADDRESS PO Box 190 8.00AM JAN 24 1871 c,TY. Huntington Beech, Ca- J I.WYUECRRtlftf,f.NRog1 STATE L A t t; CITY CLERK -I TITLE ORDER NO. ESCROW NO. �/ SPACE ABOVE THIS L NE FOR RECORDER'S USE GRANT DEED , THE UNDERSIGNED�GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ computed on full value of property conveyed,or computed on full value less value of liens or, encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of ich is hereby acknowledged, TSX-EXeMpt-Government Agency James M. Soss and Tillie SOSS , Tru's ee o fth So s s City of Huntington Beach Alicia M. Wentworth Family Trust Established October 5, 1973 City Clerk hereby GRANT(S) to &I'AA) CITY OF IRNTINGTON BEACH, A nVICIPAL CORPORATION Deputy City Clerk the following described real property in the city of Huntington Beach County of Orange State of California: Lots 121 and 122 of Tract 185 as per map recorded in Book 12 Page 28 of Miscellaneous SS\ Maps. I I �o 0 M N APPROVED A5 TO FOkW: DON P. BONFA City Attorney f Vu D ty City Attorneg Dated Deoember 2, 1976 _ 4 ti4 � 4ir .Tames Ss TRUSTEE STATE OF CALIFORNIA l } COUNTY OF_-_ )))ss. Tss TRUSTEE On -_ December 7;-106 before me,the undersign e a Notor Public in and for said State, personally appeared James I�. Soss and Tillie Soss known to me OFFICIAL SEAL to be the person $.---whose name �ar2,, subscribed to the within [WNo! AROLYN M. SCHRADER instrument and acknowledged that f'''s-.Y executed the some. pry Public - CalifornipWITNESS my hand and official seal. PRINCIPAL OFFICE IN }C/� CLOS AIRES OCT.COUNTY MY COMMISSION EJEPtRE! O 29, 197I 4, Signature (This area for official notarial seal) I MAIL TAX STATEMENTS AS DIRECTED ABOVE. M 0 91 12044FC 1166 i • �� ' City of Huntington Beach • ( + P.O. BOX 190 CALIFORNIA 92649 DEED CERTIFICATION This is to certify that the interest in real propperty conveyed by the deed dated December 2, 1976 from James M. and Tillie Soss 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 : 12/29/76 CITY OF HUNTINGTON BEACH ALICIA M. WENTWORTH My er By ' TO Sa'CA 30 p (10_75) TITLE INSURANCE AND TRUST Orange County Office 800 North Main Street Santa Ana,California 92702 714 547-3333 IMPORTAPIT When replying refer to CITY OF HUNTINGTON BEACH Our No. 573308—R DEPT. OF RECREATION AND PARKS P. 0. BOX 190 HUNTINGTON BEACH, CA 92648 Your No. SOSS ATTN! NORM WORTHY In response to the above referenced application for a policy of title insurance, Titre Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Calif- ornia Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of SEPTEMBER 30 19 76 at 7:30 a.m. H. F. LAWRENCE Title Officer The estate or interest in the Land hereinafter described or referred to covered by this Report is a fee. Tithe to said estate or interest at the date hereof is vested in: JAMES M. SOSS AND TILLIE SOSS, TRUSTEE OF THE SOSS FAMILY TRUST ESTABLISHED, OCTOBER 5, 1973. ,c At the date hereof exceptions to,coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: TO 1067 (10.74) 1. TAXES AND BONDS TO FOLLOW. 2. AN EASEMENT OVER SAID LAND FOR PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS: LOTS 1 TO 156 INCLUSIVE. 3. OTHER MATTERS OF RECORD WHICH DO NOT DESCRIBE SAID LAND, BUT WHICH, IF ANY EXIST, MAY AFFECT THE TITLE. THE NECESSARY SEARCH AND EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM RECORD OWNER. DESCRIPTION: LOTS 121 AND 122 OF TRACT NO. 185 1N THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN-THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. � ._Ly...<'t. ::Ir,.eS.�+^ia;.. .^-..rc+ r . '•,ic_; .."^:.:'a.. "Ys :}..-,'w'..a „ .:n ..:..=+t+ c}?+-ew*? JJrTITLE INSURANCE AND TRUST 01, ATICOR COMPANY g Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,TITLE INSURANCE AND TRUST 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. Unmarketabilityof 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. Title Insurance and Trust'Cdrnpany by President Attest Secretary TO TO 1012 TI (10-75)California Land Title Association Standard Coverage Policy-1973 Schedule A No. Date of Policy: 573308—R JANUARY 24, 1977 AT 8 : 00 A.M. Amount of Insurances Premium $ 2, 932 . 00 $ 100. Oo 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. I 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule B This policy does not insure against toss or damage, nor against costs. attorneys" fees or expenses, any or all of which arise by reason of the following: Part All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule S Part 1. Part Il 1 . TAXES PAID IN FULL. 2. AN EASEMENT OVER SAID LAND FOR PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK CFORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 160 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE. OwnersPolicyFormB-IU70or CalitorniaLandTitle Association Standard Coverage Policy-191 i 0 hWule G The land referred to in this policy is described as follows: LOTS 121 AND 122 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK=: 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 167 6 Jr 09 14- IS /6 /7 /8 !9 r't0 't/ 22, 23 ;tt O a T' o • /.64s' "34 YX 9f 3s sz 31 3o 19 ze 17 26 23 ,37 18 39 ¢0 ( 49. f3 .ff- ,fs fG {7 8� Lo 39 SS 37 56 Kf -f¢ 93 .S',Z SI Jo ¢9 �41 6R 147 4f Ls 4b 117 69 b9 70 7/ 7z, 8¢ 83 $2 8/ ad 79 79 77 76 7,ss 7f 77. `Ss 86 97 88 89 Igo 9/ 97- 93 .91, 95, 96' !og 107 ioh /0 S 104& /03 10A /o/ !eo 99 99 97 � fil 119 AZo IQ in 131 17a W 11g 27 1-26, /xr/af /2.9 I22 /2( is"�!r ✓rf/s� s� �/ !f9 ¢� 1f1 rf6 /ems I t1� AA1Y-Az ;� �°FfIRCE 9 9o• a� e sr � y M { This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. • � s (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2)in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- nerIn addition to the notices required under Paragraph 3(b)of these insured which discharges the lien of the insured mortgage,and such Conditions and Stipulations,a proof of loss or damage,signed and acquired,ns a corporation,its transferee of the estate provided the transferee is the parent or wholly interest owned t so sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such indebtedness shall transfer and assign said indebtedness and the provide for the defense of an insured in litigation to the extent that mortgage and any collateral securing the same to the Company upon such litigation involves an alleged defect, lien,encumbrance or other matter insured against by this policy. payment therefor as herein provided.Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or,if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is (iii) if this policy insures the owner of the indebtedness secured by required;provided, however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim- prejudice the rights of any such insured under this policy unless the ant,the amount of the unpaid principal of said indebtedness,plus Company shall be prejudiced by such failure and then only to the interest thereon, provided such amount shall not include any addi- extent of such prejudice. tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the (b.)The Company will pay, in addition to any loss insured against insured mortgage,as insured;and the Company may take any appro- by this policy,all costs imposed upon an insured in litigation carried priate action,whether or not it shall be liable under the terms of on by the Company for such insured,and all costs,attorneys'fees and expenses in litigation carried n by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. pro Whenever the Company shall have brought any action or inter (c.)When the amount of loss or damage has been definitely fixed in posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage policy,the Company may pursue any such litigation to final deter— mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right,in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e) In all cases where this policy permits or requires the Company encumbrance insured against hereunder,by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect,lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page)