HomeMy WebLinkAbout1977-04-19 - Grant TUNSTALL, CHARLES and MARCIA RECORDING REQUESTED BY ��-` �✓ �� � �
RECORDED AT REQUE$T OF
TITLE INS. & TRUST CO.
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA
AND WHEN RECORDED MAIL TO E/�L:11�
C- 1 B:OOA.M.
F C JUL 26 1977
NAME I WYLIE CARLYLE Count
ADDRESS City of Huntington Beach r Recorder
CITY IN P O BOX 190
STATE L_Huntington Beach, Calif. --�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
(� MAIL TAX STATEMENTS TO
I Documentary transfer tax S_-_------------ -------- tt
NAME -L-�] Computed on full value of property conveyed, or
ADDRESS MAIL TAX STATEN,"ENTS TO RETURN ADDRESS ABOVt! r ❑ Computed on full value less liens & encumbrances
remaining thereon at time of sale.
CITY &
STATE L
302 Signature of declarant or agent determining I, - fir n name
❑ Unincorporated area City ,
PARCEL NO
Grant Deed 1
This form furnished by Orange Coast Title Company
Tax.Exempt-Government agency
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, (�'jlY Of Huntington Beach
Alicia M. Wentworth
Charles C. Tunstall and Marcia R. Tunstall City Clerk
By: .$)
hereby GRANT(S) to Deputy City Clerk
City of Huntington Beach, A Municipal Corporation
the following described real property in the city of Huntington Beach
county of Orange , state of California:
.Lots l and 2 of Tract 185 , as per map recorded in Book 12
` Page 28 of Miscellaneous Maps in the office of the county recorder
of said county.
This document is solely for the
official business of the City
of Hint-n^:ton Beach, as contem—
plated uncl-.I^ Government Code APPROVED AS TO FORM:
Sec. 6103 and should be recorded DON P. BORFA 1
free of charge. City Attorney
BY? �.�
Deep y City Attorney
�► Dated April 19,1977 ---;�` ------�,_.
Charles G. Tustall
2"C�tJ fe- � d` 11
Marcia R. Tunstall
STATE OF CALIFORNIA Orange 1 ss.
COUNTY OF 1 "
On _ May 1 2,1977 before me, the under-
signed, a Notary Public in and for said Count] and State,personally
appeared_ Charles G TunStal f _ +�
FOR NOTARY SEAL OR STAMP
r known to me OFFICIAL SEAL
to be the person whose name— i s subscribed to the within s NANCY LEE FRITZELL
instrument and acknowledg he executed the same. $p ; NOTARY PUBL!C CALII.ORNIA
NOTARY BOND FILED IN
� SAN L?ERNARDINO COUNTY
_ My Commission Expires April 25, 1980
Nan Fft2bT] Notary
Name (Typed or Printed) of Notary
Title Order No. Escrow No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
STATE OF CALIFORNIA ,
COUNTY�OF..,__0 �
L,�N& ' 1 SS. 8K 12
�6PG 1 i 5
On �4' 1 � ll before me, SAFECO
.� the undersigned, a Notary P1ublic in and for said County d State,
q pe sona11 appeared /�A�-C/A N t►�+ FOR NOTARY SEAL OR STAMP
zT --
_ known to me °>t®o®®6o®®tr4tr®®tr4trtr�vtrA3trtrtrotr®Otr
s OFFICIAL SEAL
o to be the person.—____whose name subscribed to the i° c
y � F o FRANK
T. ARCH g
within instrument and acknowledged tha executed the 4 tyC ar F 3, -CALIFORNIA
same, t
FrW.:raL oFF1cE 1N
ains NEE COUNTY
� My Commission Exp sr�s b'ovember 1977-
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eX 12305P6 176
EXCERPT OF THE ACTION OF CITY COUNCO
Council Chamber, City Hall
Huntington Beach, California
Monday, December 6, 1976
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 Fattinson Coen Siebert- jii_pdar
Shenkman arrived 6:10 P.M.
Councilmen Absent: Gibbs
iinirirkk�lrlM*��IrirlFkllrtlnYtlnttA*#Ml1MriF4t**1F*kft�nklM+I�r�rIr7F1YYM#tiY1F�l#rl*llnkk+lnlnM#'klklMtk�M#'1M#t{riMNk+tirtMtlr*�F
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SUNSET HEIGHTS PARK/GALLO PROPERTY - RECO? ATIONS APPROVED - (CA 76-195)
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 NE 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
1.15 acres of small lots in Tract #184, 9 lots (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, Shenkman, Wieder
NOES: Siebert
ABSENT: Gibbs
*irkykir*�l�lrintk�lr**�kaMr �t�*llr�irll^kinYAr*Ar+�*+ttk*k�4,Ykk�kir�+kkA�hit+r�r�le+�krF*�tirlr4ryFlt�lnt
On motion by Pattinson second BartlVA regular meeting of the
City Council of the City of Hunt ngton Beach adjourns a� t to
to londay.December 20,1976 at 7:00 P.M. in the Council Chemhar
sB1[st611aQlldnd[x Motion carried.
i
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. Wieder
City Clerk Mayor
STATE OF CALIFORNIA )
County of Orange ) as:
City of Huntington Beach )
I, ALICIA M. WENrWMH, 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 8untington Beach this the 23rd day of
December , 19 76 .
Alicia M. WantvnrLb
f City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY: i
Deputy
4
." BK 12306PS 177
J City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
t1 DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
r - deed dated April 29, 1977 from Charles and Marcia Tunstall
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 : June 24, 1977 CITY OF HUNTINGTON BEACH
ALICIA M. WENTWORTH
City er
By:
J�Jr TITLE INSURANCE
AND TRUST
ATICOR COMPANY 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. 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 and�xus't,C-bvm,pany
by
`President
Copy of Poffcy
No additional liability°assumed
TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973
Schedule Q
No. Date of Policy:
573308—B JULY 26 1977 AT 8 : 00 AM
Amount of Insurance: Premium
$ 3, 500. 00 $ 100. 00
1. Name of Insured:
CITY OF HUNTINGTON- BEACH, A MUNICIPAL CORP-ORATION.
2. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION.
3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee.
•
TO 1991 B(10-75)California Land Title Associatio dard•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
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 1.
Part I
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1977-19780 A LIEN
NOT YET PAYABLE.
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. 1850 AS RESERVED IN THE DEED FROM SECURITY
TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK
RECORDED JANUARY 16o 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER
DEEDS OF RECORD.
AFFECTS : LOTS 1 TO 156 INCLUSIVE.
3. AN EASEMENT FOR STREETS AND INCIDENTAL PURPOSES, IN FAVOR OF OTHER
OWNERS IN THE TRACT, OVER THE NORTH 20 FEET OF THE SOUTH 610 FEET OF
SAID TRACT NO. 1850 AS GRANTED IN DEED RECORDED IN BOOK 410 PAGE 4040
DEEDS.
I 1000 V (8- 10) MI I ICI IUdlI L-dJ1U I I1tV MJZVti,iall Vll bVan rVnVy-`IA/v•w Iui nL In uwvl acnlcui lvnn , vvvGwyu v. .., ,v..vy.,,
Land Title'Association Owner's Policy For 970 or California Land Title Association e
d Coverage Policy-1973
Schedule C
The land referred to herein is described as follows:
LOTS I AND 2 OF TRACT NO. 185o IN THE CITY OF HUNTINGTON BEACHo 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 •
m
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47 56 fs %0 s3 Xx .9/ fo 4.9
.61 GZ T GB !09 70 7! 'jz
8f 87 92 8/ 84 79 79 77 ?6 7- 7¢ 73•
•Ss 86 87 88 89 90 9I 92. 93 91L 95•,94-
o-S /07 /06 Jos 104• toy 10,2 10/ le0 9 y 98 97 4
+ � V
fag //0 11r /10Z 113 />f 1!t 1/4 //? /is 119 /.Zo
/?.Z 131 130 iU 13$ 127 AU, /ZJ 12f 123 122 /2/
133
� ► Q
16
16
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� d
This is not a survey of the land, but is compiled for information only, nor is it a port of the report or policy
to which if 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
ner which discharges the lien of the insured mortgage,and if such
insured is a corporation, its transferee of the estate or interest so Conditions and Stipulations,a proof of loss damage,signed and
acquired, provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished the Company
subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter
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
interest pursuant to a contract of insurance or guaranty insuring or the
damage shall describe the defect in, b lien or encumbrance -
guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against , this policy which con-
After any such acquisition the amount of insurance hereunder, bass es 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
0) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured
(h)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
matter insured against a 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 (h)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 by
required; provided,however,that failure to notify shall in no case the
if this policy insures the owner of the indebtedness secured
prejudice the rights of any such insured under this policy unless the the insured mortgage,and provided said owner is the insured claim 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
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
by this policy,all costs imposed upon an insured in litigation carried
insured mortgage,as insured;and the Company may take any appro-
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 ro written authorization of the Company.
proprovision of this policy.
(c.)When the amount of loss or damage has been definitely fixed in
Whenever the Company shall have brought any action or inter
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)