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HomeMy WebLinkAbout1977-01-29 - Grant MARCY, LEVERNE SMITH -- �' - it 120"Mt 1173 } RECORDING REQUESTED BY 28041 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS EXEMPT �COR::] EST of OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: '^•`� T CO. C 5 IN OFFICIALvs of NAME _CITY OF HUi=GmJN BEACH CRAN :�..� .,, _ CALIF. P o Box 191r ARAM STREET .{� 7_ ADDRE5592648ington Beach, Ca. 1�Cc'TY.}t.2t6t4:8Alicia Wentworth STATE L_ _J Z'R c i ty clerk Free Recordin quested: F sentii/iai to acquisition by TITLE ORDER No ESCROW NO. A-IR.{,p SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED ✓© � � THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ °� I +'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 which is hereby acknowledged, LEVL:RZE S`'QTfi MT7= i hereby GRANT(S) to THE CITY OF 1iUNTINGIW BEACH the followingdescribed real property in the P p Y CITY OF HUN`I'I� BEACEi ORA:JC� County of State of California: I Lot 144 of Tract Tdo. 185 shoran on a map recorded in Book 12 Page 28 of Miscellaneous Maps in the office of county recorder of said county. 1 APPROVED AS TO FORM: _ ( DON P. BONFA City Attorney BY: Deputy City Attorney Dated Januarys 1977 NA c s C o_r-i LeVerne Smith Marcy �v STATE OF _ COUNTY OF A—M, SS. before me,the undersigned, a Notary Pubfir in and for said State, personally appeared I ----=- known to me to be the person whose name subscribed to the within s� r instrument and acknowledged that VI C' executed the some. WITN SS my hard and official seal. Signatures .. r91'hS9e9�f; (This area for official notarial seal) PR.61/70 MAIL TAX STATEMENTS AS DIRECTED ABOVE. 8112078,; 1 174. 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 January 29, 1977 from Leverne Smith -Marcy 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, c 1972, and the grantee onsents to the recordation thereof by its duly authorized officer. Dated : February 8, 1977 CITY OF HUNTINGTON BEACH ALICIA M. f t er ` By: _ !s EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett, Pattinson, coon S aher Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs �iriM*+rk�Ir�kAr+kt�r�rik#Ati�f�1�**AAA*tk**1F+A�Frt+M4ttk�+ktMMNFrM*�kkk*1Fr�k�+k#nMrlr�k+t�+IrA^Ank#dr�*k�Fir*+k ! SUNSET HEIGHTS PARK/GALLO PROPERTY - RBC0MKtA"TIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the 'City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NB corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 Iota (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (l acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder ROES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Sheakman, Wieder NOES: Siebert ! ABSENT: Gibbs i �kk�Mrkkieir#�H1raMr�r�*A�fF�'�t�FM�k�ktF,atit#icir+Sr+P*�F�tia�Fk+4Ar�t+f*k�F�k�k�Ink9Mrlrkk+Y*9F�r4r�M+tik�itArlr,t�+tik�t On notion by Pattinson second BartIOU regular meeting of the City Council of the City o Huntington Beach adjourned at to to Mondey.Decgmber 20.1976 at Z:00 P.M. in the Council Cha mhor �►'R6t: f td 193dildMim Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett,M=Wisdar City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of j December , 19 76 . Alicia M. Wentworth City Clark and ex-offieio Clerk of the City Council of the City of Huntington Beach, California BY- ly/19 '6 Deputy TO 529 G'0. 30 0 (10-75) J TITLE INSURANCE AND TRUST Orange County Office 800 North Main Street Santa Ana, California 92702 714 547-3333 IMPORTANT CITY OF HUNTINGTON BEACH - When replying refer to Our No. KEPT.:.: OF RECREATION AND PARKS 573308—U P. 0. BOX 190 HUNTINGTO.N BEACH, ,CA 92648 Your No. MARCY ATTN NORM WORTHY -- In response to the above referenced application for a policy of title insurance, Title 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 75 , 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. Title to said estate or interest at the date hereof is vested in: LE VERNE SMITH MARCY.. 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 1867 (10-74) r 1. TAXES AND BONDS TO FOLLOW. 2. AN EASEMENT OVER SAID LAND FOR STREETS, 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: LOT 144 OF TRACT NO. 185 IN 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. TITLE INSURANCE AND TRUST I ATICOR COMPANY 02 Policy of Title Insurance li 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. 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. Title Insurance andjtust Company by R esldent Attest Secretary TO 1012 TI (10-75)California Land Title Association Standard Coverage Policy-1973 0 Schedule A No. Date of Policy: 573308—U FEBRUARY 23 1977 AT 8 : 00 A.M. Amount of Insurance: Premium $ Z 500 .00 $ 100 . 00 1. Name of Insured: THE CITY OF HUNTINGTON BEACH. 2. The estate or interest referred to herein is at Date of Policy vested in: 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. 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 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 B Part I. Part I! 1. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, AMOUNT $ 17. 82. 2 . AN EASEMENT OVER SAID LAND FOR STREETS, 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 1+10 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE . w isy r-orm ts-ju/u or LanTornia Lana i me Association acanaaro t-overage roucy-rois Schedule C The land referred to in this policy is described as follows LOT 144 OF TRACT NO. 185, IN 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. 1W 25j;L5I-A5' 20-1 2C 24-0 9 8 7 Q 13 14• Ix I 4, /7 /8 19 AO z/ sx x3P X* a �i *.36 3%rj 9f 3s 9x 3! 31 19 R.B .27 24 2.! ,37 3 8 39 *0 41 494 f3 ft Fs f6 f7 t8� 60 39 Sd $7 56 If 13 S2 s/ I'l -jI v6/ 6Z 69 4f 64- 44 /A? 69 l09 to ?t M 84. 83 82 8/ 90 79 re 77 76 9s- r¢ 73• *Ss 86 97 8$ 89 90 9/ 92. 93 9f 95- 94 /cg /off /06 /o 5 I0¢ toy /02 /o/ Iao 99 98 97 /I Z 1/3 //1, //s f!L t[7 //8 t/9 AtIQ !.?,Z IJ/ 170 I'V 1a8 129 146 /Z,Tf2f, 127 12Z 12/ 133 171C 17S /36 177 /YJ6 I" !40 Ifl /f2 I43 /tf I /%r&Is /sf l - 7 yi v49 I f1 /¢b /f I 6.a' Sr v '\ o 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. (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- In addition to the notices required under Paragraph 3(b)of these Per which discharges the lien of the insured mortgage,and if such Conditions and Stipulations,a proof of loss or damage,signed and insured is a corporation, its transferee of the estate or interest so sworn to by the insured claimant shall be furnished to the Company acquired, provided the transferee is the parent or wholly owned within 90 days after the insured claimant shall ascertain or deter- subsidiary of such insured;and in favor of any governmental agency mine the facts giving rise to such loss or damage.Such proof of loss or instrumentality which acquires all or any part of the estate or or damage shall describe the defect in,or lien or encumbrance on interest pursuant to a contract of insurance or guaranty insuring or the title,or other matter insured against by this policy which con- guaranteeing the indebtedness secured by the insured mortgage. stitutes the basis of loss or damage,and,when appropriate,state the After any such acquisition the amount of insurance hereunder, basis of calculating the amount of such loss or damage. exclusive of costs,attorneys'fees and expenses which the Company 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 provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon such litigation involves an alleged defect, lien,encumbrance or other payment therefor as herein provided.Upon such offer being made matter insured against by this policy. 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 r (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 Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness,plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- 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 (b. The Company will a y g to establish the title to the estate or interest or the lien of the ) , Y pay, in addition to an 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 on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of 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 (c.)When the amount of loss or damage has been definitely fixed in Whenever the Company shall have brought any action or inter accordance with the conditions of this policy,the loss or damage posed a defense as required or permitted by the provisions of this 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)